Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	power_n	9,684	5	5.3760	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A01637	The summe of Christian doctrine written originally in Latine by John Gerhard ... and translated by Ralph Winterton ...; Aphorismi succinct et selecti. English	Gerhard, Johann, 1582-1637.; Winterton, Ralph, 1600-1636.	1640 (1640)	STC 11769.5; ESTC S4062	111,557	338

of a Magistrate is seen or considered either in Peace or Warre 19 In the time of Peace let him administer Justice and Judgement 20 By Justice we understand externall obedience to both Tables of the commandments 21 For it is the Magistrates charge and care● to see that both the Tables of the commandments he kept and observed as farre as it concerns Externall Discipline 22 He may and must hinder false and blasphemous opinions from being spread abroad He may and must punish those vvhich are seducers of Souls especially such as are seditious He may and must hinder the profanation of the Sabbath 23 But yet he must not take upon him authoritie and povver over the Consciences of men vvhereof God onely is King 24 Therefore neither must the Magistrate compell the Subjects to any false religion neither must the Subjects obey if he goes about to compell them 25 Unto the Administration of Justice there belongeth also the povver of making Civil Laws to be the determination of the lavv of nature 26 For Christian Commonwealths are not simply tyed and bound to the Judiciall Laws of Moses 27 Unto the same also belong Contracts which are to be moderated by Charitie and Equitie From whence it is easily gathered vvhat vve may determine in the question about Vsurie 28 The Scripture simply forbiddeth Vsurie But vvhat be Contracts of Usurie that vve must learn from the end of the Lavv vvhich is Charitie and from the description of the Prohibition as also from the incorrupt judgement of the prudent 29 By the name of Judgement forementioned vve understand the defending of the good and the punishing of those vvhich do that vvhich is evil Rom. 13.4 30 To vvhich end and purpose were judiciall Lavvs invented for the hearing and judging both Civill and Criminall causes 31 Therefore a Christian man is not forbidden to go to Law so he do it in a lawfull manner 32 The Punishment which the Magistrate inflicteth upon the transgressours of the Laws and the troublers of humane societie must be Correspondent to the Fault committed 33 For it is not free for the Magistrate at his pleasure to let delinquents and offenders especially such as are in any enormous crime escape and go unpunished 34 Yet sometimes Equitie and Moderation of the rigour of the Lavv is to be used but still vvith a respect unto the Delinquent or Offender and the Offense it self 35 As Extreme rigour of the Law is sometimes Extreme injurie So likewise Extreme indulgence and remi●●nesse doth Dull the Edge of the Law and much diminish the povver and a●thoritie of the Magistrate 36 Here a question is moved abo●● Heresie Theft and Adulterie Whether the Punishment thereof ought ●● be Capitall 37 Whosoever doth maintain an Heresie Privately or else doth spread i● abroad but not seditiously we de●● that such a one is to be put to death 38 Other wayes of sowing an● spreading abroad heresies we leave ●● to the Magistrate to punish 39 To say that the punishment ●● simple Theft especially if it be but of light and petty matter ought to be Capitall that is very hard 40 Yet we do not mislike that the rigour of the Law should be execute● upon such as are common robber● breakers into houses and such as him often escaped for stealing and yet stea● again 41 The Law of God hath adjudged Adulterie to be punished vv●● death 42 In the time of Warre let the Magistrate be mindfull of his office and duty that he vvages Warre lawfully 43 For neither is the Magistrate forbidden to Denounce Warre nor the Subjects to take up arms if the Warre be Lawfull 44 The Conditions of a Lawfull Warre are these That it be undertaken upon Authority of superiours upon a good Cause and with a good Intention Thom. 2.2 q. 40. 45 Warre is not vvarre but robb●rie if it be undertaken without lawfull Authoritie of him that denounceth it 46 The Just causes of warre are Three Either Just defense or Just Punishment or Recovering vvhat is unjustly taken away 47 There must also be added an Intention of a fit and convenient end The Will must be for Peace and Warre is not to be undertaken but upon necessitie The End of going to Warre is or ought to be the procuring of Peace August Epist 205. 48 To a right Intention we referre also the Lawfull manner of waging warre 49 It was worthily spoke by Aurelianus to a certain Tribune of Souldiers If thou wilt be a Tribune if thou wilt live hold thy Souldiers in that they commit no outrages Let none of then steal an ●en take away another man sheep pull of a grape tread down the standing corn exact oyl salt or wood but let them be content with their own wages If they go a forraging and boothaling let them do it in their enemies countrie and not in the countrie of their friends and allyes 50 For it can never be hoped that those souldiers should be prosperous in warlike enterprises and feats of arms which at their departure carry away with them curses and tears for their Viaticum to feed upon by the way Gregor lib. 6. Histor. cap. 12. 51 Let them try their strength against their enemies But even against them let the stratagems of warre which they use be lawfull 52 But yet it behooves a Magistrate to try all courses before he goes to war For he may not do it but when the extreme necessity of the commonwealth calls for it As Physicians are wont to do when other remedies will not serve at length to come to searing and l●●cing 53 As in playing at Dice when money is laid once at stake it is a question upon the cast whose it shall be So is it in warre The king and the countrie lies at stake 54 The other part of the Politicall order or Civil state is made up by the Subjects which are Relatively opposed to the Magistrates 55 And they are either mere Subjects or else they are joyned also in some power 56 The Subjects ow unto their Magistrates honour fear fidelitie obedience tribute and prayers for them 57 This honour must be performed ●n heart and mind in mouth and word ●n work and deed 58 We must look upon the Magi●trates as the ordinance of God nei●her must we detract from them with ● black mouth nor deny unto them outward reverence 59 The Obedience vvhich is to be per●ormed hath certain bounds and limits ●or those Subjects which also them●elves are joyned in some power may ●hibit the Magistrates from usurping ●o much povver and authoritie over ●hem 60 Yea those also vvhich are merely Subjects are not bound to obey the Magistrates in all things that is if they shall command any thing against pietie and honestie 61 Subjects are to fear their own Kings For they have rule and authoritie over them But Kings also must se●● God For his kingdome ruleth over all Psal 103.19 62 We must Fear God rather then Man God whose commands are alvvaies just