1. Lawfulnes of private defence a­gainst pri­vate as­saults of Life.I. BY the law of nature, it is lawfull for any one to defend themselves, against any private person, that assaults them to take away their lives or puts them in danger.

Neither can it be, that the law of any Country can justly deny this: For all just lawes are with respect to common safety; which is none at all, if the lives of particulars may not be by themselves defended from private violence.

2. of Chasti­ty.II. By the same law of nature, it is lawfull to defend them­selves against any private man that would offer violence to their chastity.

Never law fully vio­lated Neither can any law of any Country justly deny this; For chastity is an Inherent good of which there can be no pretence, why any should be robbed, or deprived of it. And in one res­pect it is more Inviolable then life. and are many cases, wherin it is lawfull to deprive others of their lives, & for a man to yield up his own life patiently; but none, where­in it is lawfull to deprive them of their chastity, or to yeild that up: It being ever a sinne against the Law and light of nature.

3. of Goods.III. By the law of nature, also, it is further lawfull for any to defend their goods from any private person that offers to take them violently away.

But this not in all cases. And no law of any Country, can justly deny this defence even of goods altogether. For otherwise they expose all the country to rapine and spoyle. Onely it must be remembred that in this case of of goods (as also in lesser injuries to a mans [Page] [Page] [...] [Page]person) Christian meeknesse, recommended and charged upon us by our Saviour, Matth. 5.39.40. requires that sometimes we suffer to some degree, rather then defend our selves even by law Civill, and therefore much rather then by our owne hand. Namely when our defence might endanger more harme to be done by us, them we are like to suffer, (or to hazard our own suffering worse) & when our suffering may give hopes of over­comming evill with good or the like. But otherwise, God no where disallowes absolutely the defence of our very goods, and so of our persons, from the outrages of any private violence.

4. Even a­gainst Of­ficers vio­lence alto­gether al­legall.IV. Moreover, in any one of these cases, one may defend themselves against any Officer or inferiour Magistrate, that without all authority of law offers injurious assaults, of outragi­ous violence.

No Law of any Country can justly deny this neither. For though there is no absolute necessity of this or that formality of Law, where the officer and his authority is knowne to all; and there is an evidence notorious of the fact for which (by way of justice, and punishment) the goods or life of any is taken away: Yet otherwise such an Officer or Magistrate is no more privi­ledged to doe, (or in doing) any such act, altogether beyond the bound of his lawfull Office, than a private person is. But even any such officer and inferiour Magistrate is liable to punish­ment (even Capitall) for his Robbery or Murther practised (or attempted by him) as well as any private person, when legally convicted of it.

Though therfore there is (which is to be remembred) a constant honour due to every Officer and Magistrate, according to his de­gree; so long as he carries himself, not altogether contrary to his office: Yet when he attempts to doe any such acts altoge­ther contrary to his Office (as all outragious violences infallibly are: his Office being properly to preserve others from such vio­lences) it cannot, but in reason and justice be equally lawfull to defend ones selfe against him and his assaults as against any pri­vate person.

5. Notwith­standing the command of the su­preme Magi­strate. against law.V. The command of the Supreme Magistrate, without due [Page]processe of law, to take away ones goods (unlesse his authority be absolute to lay what taxes he pleases upon any at any time) and much more the life of any; or upon any pretence whatso­ever, their chastity; can, in no sort authorize any private person, or even any Officer or inferiour Magistrate so to doe: or deprive the assaulted persons of their just defence, before argued for.

No abso­lute Mon­archy in poynt of life. Neither can the law of any Nation be supposed to contradict this. For as for goods, if the law subject them to the Supreame Magistrates pleasure; it makes or declares him then to be an ab­solute Monarch; and then his will any way manifested is suffici­ent processe of law. But for life, there is not, (neither can be just­ly) no not in the hand of the greatest Monarch, any absolute au­thority to command the taking away the life of any, meerely at his owne will and pleasure. For all Monarchy (and even all au­thority among men) is primarily and principally for Gods glo­ry, and then for the good of the whole society; and but subordi­nately for the honour and greatnesse of the Monarch. But as it cannot be conceived how it should be to Gods glory who hath so pereptorily forbidden the shedding of innocent bloud so is it not imaginable that it should be for the good of the whole Society, that any one man should haue absolute power of the life of all the rest, or even of any one, meerely at his own pleasure no true good to the Monarch himself, none to the cōmonwealth and least of all to the person of such a subject, that should be put to suffer it. So that no such thing can in reason be liable to a com­mand, But that still (for all, that any should command against him in that sort) there is still the just liberty of defence, by the law of nature forenoted.

God maks none, nei­ther can man. Whereunto may be added that no man can pretend any autho­rity, but with God in nature or scripture hath certainly given, or subjects have consented unto, at least in their Ancestors. And it is certaine that God hath given no man in nature or scripture any such authority to take away the lives of others at their own meere wills and pleasures. And neither can any Nation (by the allowance of God in nature or Scripture) consent that any should have such absolute power over their lives at pleasure. For they [Page]have it not themselves, and none can give another that power, which they never had themselves, (though they have for their goods, reserving but enough to keep life and soul together) and this holds also for ever. For chastity, God gives no man power to violate it, nor can any man or men, give any such power.

6. Notwith­standing his pre­sence. VI. The Presence of the supream magistrate, addes nothing to such outragious illegall commands to authorize them so, as to frustrate any of their just defence, as aforesaid

No Law among men, will or can reasonably oppose this also: For the supream Magistrates authority is the same, whether present, or absent: no act of his authority necessarily requires his presence to see it executed, nor hath any validity, meer­ly by his presence. Still then against any violent illegall outra­ges though countenanced by his presence, defence is lawfull and just.

7. Defence may be (if it must be) with of­fence, but the least that may be. VII. In all defence though it be allowed to proceed to the of­fence & even killing of those that offer outragious injury, to life or chastity, if the necessity of the defence require it, yet a man is bound to offend as little, as may be, those against whom he de­fends himself.

8. Defence of one law­full a­gainst many. No Law can gainsay this neither, 1 because to deny this liber­ty of offence were in effect, and by certain consequence in ma­ny cases to deny the defence it self. Meere defence in many at­tempts of strong and violent assailants, is no defence at all, nei­ther can any certain bounds be set to such defence, which will not wholly make it void and vain. Onely for matter of goods, because they may be divers wayes recompensed againe, and a man may subsist though spoiled of all for the present, a Law might forbid the killing of a robber; And God did so of one that broke up a house in the day time, though in the night he al­lowed such to be killed in the defending ones house and goods. So that a man must look to the law of the nation, for any such allowance. 2 But all lawes of God and just men will and doe re­quire that if a man can defend himself, without offence of ano­ther, or very little, that he proceed not further.

VIII. If more then one come to assault any, the defence is [Page]no lesse iust and lawfull, but rather the more, and so if they come with armes in a warlike manner, even though the defence could not be without killing more then one of them.

No Law of any nation can be conceived to prohibit this: for how many soever there be of them, a iust Law, cannot but hold them all malefactours, and the more set upon mischief, and no­torious malefactours, by how much greater their number, and their preparation of Force, and so it cannot but preferre the good of one innocent before a multitude of such lawlesse per­sons.

9. Defence of neigh­bours law­full.IX. Where the assault is not against ones self personally, but a­gainst ones neigbours, their lives, chastity or goods, it is lawfull for any to ioyn with such, as are so assaulted in their iust and ne­cessarie defence.

Neither can any Law, iustly deny this, which common equity not onely allowes, but calls for: I am to love my neighbour as my self, and doe to others, as I would they should doe unto me. Also Gods Law, that punished adulterie with death, supposed if a woman cryed out in the citie against a ravisher, she should be rescued by one or other: and he severally threatens a requi­tall of those that rescue not such as are ready to be slain: and without this, the weaker should everie where be exposed to the stronger, and all single persons, to any number, that would of­fer violence.

10. Ioint de­fence of many law­full, ever, with ArmsX. Where the assault or attemp is not onely against single persons, but divers, and the number of assailants be great, and they come with force of arms, still it is the more lawfull for the assailed, (and their neighbours) to ioyne together in their mu­tuall necessarie defence, by all Lawes forementioned of nature, and nations.

11. Lawfull for officers to cōmand defence.XI. Those that are appointed officers in any nation by law to preserve the peace, are specially authorised by their places, and offices, to defend the innocent against such iniurions assaults and namely, to charge all those that are under them, (as ma­ny as needs) to ioyn together in such defence, and moreover, for the apprehension of such malefactours as disturb the peace [Page]by such attempts of Violence, also those that are under Authority are bound, (and therefore, much more is it lawfull for them,) to ioyn with such Officer, who legally charge them to help them keep the peace. And all this notwitghstanding any pretended command from the supream Magistrate, or his very presence of ring to warrant violent outrages.

No lawes of any nation can be supposed to contradict even this wholly, for though lawes may possibly make void all infe­riour Officers command, in the presence of the supreme, or in case any command from him prohibit them in any particular case, yet at least as private persons (as before,) they may defend themselves, and their neighbous, & if the law of the nation doth not wholly suspend their authority upon the pleasure of the su­preme, then even as officers they may defend, and call to de­fence as aforesaid, as being the proper end of their offices.

12. Preparati­ons for de­fence law­full, XII. Where it appears evidently, or upon iust ground may be suspected, that Violence is intended against any, though not in­stant nor presently to be executed, One or more may before hand make their preparations, according to the nature of the assault intended for their sufficient defence.

No law can reasonably deny this to such as are not under some censure of the law, themselves: Because otherwise, it might be too late to provide for defence, when the danger suddenly breakes forth.

13. Upon war­ning of publick watchmen,XIII. Where any are employed to bee publick watch­men, and they give notice of a danger which they see at hand, or descry a farre off, though parties endangered (or some of them) cannot so fully discern it, or be suddenly or clearly con­vinced of it, yet credit may lawfully be given to them, so farre as to prepare for a sutable defence, at least so long as they are not proved to have needlesly frighted men, with false Alarmes

14. Speciall causes of giving them cre­dit. No law can be imaginable to contradict this, for that were to contradict the office it self, which the law hath constituted to discover dangers; And to forbid preparation for defence in such case, is to be guilty of their own mischief, by wilfull betraying their own safety.

XIV. 2 It is yet more lawfull, to give credit to such watchme, [Page](accordingly to prepare) when they are persons of experienced discretion & fidelity, or justly recommended for such. 3 And yet more, when there hath been experience of the practises of such against whom they warre, like those they mention. 4 And still the more when they see signes, that such men are still of the same mind they were formerly, to doe outrages & violence. 5 And yet further, when they make preparations for it, at least in such fort as will inable them to make their assaults when they please. 6 And most of all when they are already practising such exploits by way of beginning in other places.

15. Lawfull to meete and assault, those that are prepa­ring to Assault. No law can be supposed to refuse this which all rules of pru­dence and policy plead for. And to doe otherwise, were to gra­tifie those that intend such assaults as much as they need to de­sire, and more then they can possibly expect from Rationall men.

XV. Where the assailants are likely to be many, & furnished with Armes and warlike provisions, The nature of defence doth not enjoyne (nor admit) to keep altogether close, and stay ever at home. But allowes as lawfull (and even requires as necessary) to march forth against them even armed, to meet such assailants and keep them from comming too neere their dwellinge. And if meeting the, they appear resolved to proceed in their violence, they who come forth for defence, may begin to assault their adversaryes, and it is still but a defence.

16. Peacefull mind ne­cessary, yet lawfull to secine themselves for present and future probably. No law can justly or wisely oppose even this: Because by de­lay & waiting, till the attempters of violence beginne actually to make their assault, they may have gotten irrecoverable advantage and irresistible strength against the defendants. Therefore de­fence being allowed them, they transgresse not the just limits of it, by setting first upon those that appear minded to assault them as soon as they are ready; at least so far at to disarme them, and disable them from doing the mischiefe intended.

XVI. 1 As in all defence it must be remēbred, that it is nor law­full to offend the assailants beyond necessity. 2 So speciall care must be taken, [...] Mor [...]n, & [...] to Propositions of Peace & Accord, as far as may stand with any safety & prudent security. 3 Notwithstanding which, none are bound to disable themselves from a future defence in case of future danger.

No law can justly refuse this last clause. Otherwise all that was be­fore affirmed would instantly become lesse and worse then no­thing. Where defence is just, nothing but prudence hath author [...] ­ty to command any to disarme themselves; & that can never giv [...] such a charge, but upon a morall probability of the danger bein [...] so sufficiently over for this time; that before another can arise, there may be againe sufficient meanes of defence.

17. By stand­ers not to be injured, yet some­what of theirs may be made use of. XVII 1 Also in all preparations and actions of defence, care must be taken not to injure others, that take not part with the as­saylants. 2 And yet in extremity, it's lawfull to make use of some­what which belongs to others. 3 Provided they afterward have full recompence made them for any damage then sustained by the defendants, if at least the benefit of the defence (though they did not owne it) redounding even to them, make them not suf­ficient recompence, of it selfe.

No law can with equity altogether refuse this liberty also to defendants in great danger, In as much, as every one is bound by the law of nature to be helpfull to the innocent in danger, at least insome degree, so farre as may be without his owne ruine. Also the good of many being in danger, or a greater good then is ha­zarded by what is used of a by-stander; Use may be made of it upon the Termes forenoted without any Iniustice, even against the present will of the owner. Who the more unwilling he ap­pears, the more he gives cause of suspicion, that at least he fa­vours the Assailants more then the Defendants; especially when as otherwise himself might be in danger as well as the rest of the Defendants. And then to borrow somwhat of him, or secure him from doing harme, cannot but be included within the li­mits of the necessary defence, and so be allowed as lawfull.

18. Lawfull for a coun­try or Kingdome to defend themselves from sla­very, and true Reli­gion esta­blisht from subversions.XVIII. If the danger be to a whole country, & much more if to a whole Kingdome; & that there be attempts, apparent or justly suspected to enslave mens goods and persons (and yet more if the true religion establisht by law, be also aimed at and in danger to be subverted) a joynt, and even generall defence is so much the more lawfull and even necessary, calling all offi­cers to their duties respectively, & all private persons too, speci­ally [Page]with them, though also even without them, it they be false, stupid, or faint hearted.

No law can justly forbid that to a country or Kingdome, or to any considerable part of the one or the other, which is grant­ed to private persons single or to a few, for their concernments, as this before hath been proved allowable to them.

19. Lawfull for a Par­liament to command the whole Kingdome to defend themselves and ap­prehend disturbers.XIX. When in any Kingdome or common wealth, there are States (or Parliaments) which represent the whole body of the Subiects, they are not onely the publick watchmen, & great Councell of the kingdome, but the Great officers, and chiefest Court of Justice of the whole Kingdome, and so entrusted and charged above all others, with the keeping of the Peace, and de­fence of the innocent, all the Kingdome over, and so their autho­rity reaches throughout the whole kingdome, and to command all inferiour Officers, and Magistrates, and private persons, to doe their duties respectively, (whether others doe theirs or not) for the necessary defence of themselves, their neighbours and the whole Kingdome, and to this end, to arm themselves, and march orderly into any part of the Kingdome, for the suppres­sing, and preventing and apprehending of all notorious violators of the Peace, or suspected practisers against it.

No law of a kingdom, (that hath such State, such a Parliament) can rationally be supposed to deny them this authority. for if all officers and Judges within their limits may lawfully, and authoritatively charge all under them to keep the Peace against all the disturbers of it, and even Arm against them, if need be. And every Judge in Capitall Crimes, hath power to send to apprehend those that are to be judged by him, or else all their authority is a meere pageant, and a mockery. The States then of a Kingdom, who are the great Officers, & Judges of Judges, (even of all other) cannot be denyed the forenamed power, throughout the whole Kingdome, indefence of the Peace, and punishment of the violators of it, even though countenanced by the Kings presence and command.

20. Lawfull to make cap­tains, and a Generall with suffi­cient au­thority.XX. By all the foregoing Propositions, it appeares that in the fore mentioned cases, it is lawfull even for private persons, [Page]and much more for Magistrates, and Officers in their juris­dictions, to defend themselves and their neighbours, and that with Arms, and most of all for the States of a Kingdome, to de­fend the whole Kingdome against all Violators of the Peace, & Justice of it. Whence it also followes undeniably, that they may in such exigents of necessity, appoint Captaines and other Officers of warre, and a Generall over all, whose wisdom and authority may manage their authority, to the right ends and purposes of it, & such they may invest with all necessary autho­rity, for the right ordering of their souldiers, and all others for the common good, and this specially, when the ordinary Offi­cers of justice, (or Captaines of the souldiers, if there be any) either will not joyn in such iust and necessary defence, or have not skill, to manage and conduct the forces.

No law, that yeelds to all that went before, can be supposed to refuse this, which were utterly to disappoint the defence un­dertaken, and reduce them into a worse condition then before, because their offring at a Defence the more provokes their assai­lants, and their want of skillfull commanders, and their order­ing their affairs, will expose them to the Violence of those, that will not faile, to come against them, with all the advantages that may be.

Thus far to shew what the law of nature allows to all, and the law of Nations doth not deny to any, nor can be supposed rationally to for­bid it. And this under what government soever, being but the voice of nature and Nations. If any desire further to see how this agrees with the particular constitution of Government in this Nation: I shall referre him for that to the Politicall Catechisme, and the Kingdomes Case.