Selected quad for the lemma: end_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
end_n	good_a	law_n	moral_a	1,338	5	9.0849	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A70553	The thoughts of a private person, about the justice of the gentlemens undertaking at York, Nov. 1688 wherein is shewed, that it is neither against scripture, nor moral honesty, to defend their just and legal rights, against the illegal invaders of them : occasioned then by some private debates, and now submitted to better judgments.	Leeds, Thomas Osborne, Duke of, 1631-1712.	1689 (1689)	Wing L923A; ESTC R15799	20,236	31

Horse-race there or had a mind to have a Bonefire because he had won one that the Inhabitants might not resist them Obj. 5. By what Law Not by the Law of the Land Answ Yes By the Law of the Land a Petty Constables Word would justifie Resistance better than the Kings Commission could justifie the illegal Attempt But suppose there were no Person that had the least Authority and that the resistance could not be within the prescribed Form of Government yet because the force is an unauthoritative force and because there is greater necessity of the End of the Government than of the Form Men may by the Law of Nature and the Law of Reason proceed to the End not without all Form but without the Political Form for those proceedings that are according to Reason are not simply under no Law but under a more extensive Law and that Law justifies resistance even of Superiors when there is no other way of defence left the People If the Case will admit of Intreaties or sober Counsels or legal Appeals they are to be used but if there be no rooms for these or if they take no place but illegal force be used that force may nay must be resisted or evil is consented to For he that will not serve the Publick by that means when there is no other does actually consent to the ruin of it He that has his House on fire and will not stir to quench the flames though he be able is willing sure it should be burnt The Rules of Prudence indeed are to be observed for if there be no probability that resistance will prevent the Evil the attempt is Folly and if resistance will do more harm than good it is inserviceable and if there be any other means effectual it is unreasonable for it ought to be the last refuge and then if the Cause be Good Necessity justifies proceeding to the End Not by illegal Means but by suspending the Political Form and appealing to the Reason of Mankind and introducing the Law of Nature And this is no more then when Judgement at Common-Law is reversed in Chancery the Form of the Law gives place to Equity and sound Reason Obj. 6. But is it Rebellion Answ I Answer Rebellion is resisting the just Power of the Government and if so then it is no Rebellion to resist the unjust and usurped Power for then it would be Rebellion to resist Rebellion and there could be no such thing as a just defence against the exorbitant Power of Princes and then the King might Commission a Captain or a Collonel to role up and down in the Country and Plunder and it would be Rebellion in the Posse Com. at least in any Private Family to resist them And a private Commission to cut our Throats would tye our Hands till the business were done But the resisting such Force as has neither Moral nor Political Power is no more Rebellion than to fight against a Wild Beast that came with Strength but no Authority to devour them The Papists indeed have taken up Arms without and against the just Power of this Land not only against the Form of Law but to the overthrow of the Laws and Fundamental Rights of this Government directly against the Letter the Power and the End of the Law which is as inslaving to the Subjects as an usurping Conquest and it is no more Rebellion to resist them than Wat Tyler or Jack Cade They are Rebels who Arm against the Government not they that defend it by Arms. Obj. 7. But this is to usurp the Power of the Sword which by the Frame of the Government is wholly in the King's Hand Answ The Political Power of the Sword indeed is in the King but that does not devest the Subject of all defence by Arms but only of such defence as is against or inconsistent with the Political Power If force be offered that wants Political Power whoever does it does it but in the Nature of a private Person and private Persons may resist such The Right of Self defence is a precedent Right to all Policy and every Man has so much of it still as is not given up unto the Political Power he lives under They therefore that have given themselves up to be govern'd by Law only have Right to defend themselves not only against the private Assailant which is allowed in all Governments but also against illegal Force And this Resistance is no Usurpation upon the Magistrates Power because it is not an Act of Civil Authority but of Natural Right And if thousands joyn in the Attempt they are all Volunteers a Multitude but no body Corporate and such as challenge no Authority over those they resist but deny Subjection to such unauthoritative Force For such Force wanting Political Power has no Power but Strength and Strength authorizes none to injure but Natural Right authorizes every one to defend himself so that in this case the Resister has a moral Power or Warrant but the illegal Invader none at all Obj. 8. But the Resisters ought not to do an unlawful Act to suppress such illegal Force Answ I Answer That Act is not simply Unlawful that wants Political Power the Law is made for the publick Good as the End and therefore if the prescribed means be not sufficient for the End the Law permits that other reasonable means be used otherwise People might dwell upon the Shadow till they 've lost the Substance The Posse Com. ought not by the prescribed form of Law to go into another County but if the other County at that time had no Sheriff whereby the power of that County could not be raised to defend it self or if there were Ships in the Borders of the next County to which the Plunderers might escape if they were not hotly pursued I question not but the Posse Com. might do a commendable Act to pursue them and take them in the next County The Law was made for the publick Good and not the Publick Good for the Law and therefore when the Law cannot answer its own End or prescribes ineffectual Means any just and honest Means may be used and this is not destructive of the Law but suppletory not a violating the Form prescribed but an improving it And though a Man may be called to account for doing a Good Act in such a manner I suppose it is but to know the Truth of the Matter and to preserve the Reverence of the Laws for he is already cleared in his own Conscience and in the Breasts of all Good Men and a Pardon in that case does but declare it is so and ought of Right not of Grace to be granted For it is not necessary in respect of any Crime but in respect of some defect in the Law which had not made sufficient provision for the Publick Good. Obj. 9. But it is against true Allegiance and an Oath must be kept though it be to our own hurt Answ True Allegiance

Inventions But this hazard must be run rather than a certain change admitted Resisting Illegalities and Misgovernment is the way to preserve Government and as long as the King is safe and his just Power and Prerogatives the Government is in no danger and there is not the least Collour imaginable that those that have surrendered their Offices and Honors the Court and the King's Favour for preserving the Government and are now ready to hazard their Lives in defence of it will ever alter it No their design is to preserve it a greater Evidence of which they could not give at present than to petition for a Free Parliament Obj. 17. But this casts dirt upon the Frame of the Government leaving room for perpetual quarrelling Answ Neither this nor any other Government that I know of affords absolute means of Peace and Preservation The Government is effectual enough so far as it reaches but it is not extensive enough If the Monarch were Arbitrary then no Cause could introduce Resistance the Nation might be at Peace but the Subjects is could not be safe and Liberty and Property would be lost Therefore if Safety Liberty and Property be worth the preserving they must be defended when Wicked Men would wrest them from us The Constitution of this Government is such That if the King and Parliament or the King and the Subjects differ about Fundamental Rights they have no way to reconcile the difference but by their own Consent If the King without the Parliament could determine the difference he would be Arbitrary and if the People of the Parliament could determine it without him they would be Supream and then it could be no Monarchy and if the Judges had the determining Power they would get the Supremacy from both and if a Foreigner were to decide the Matter he would seek his own Advantage so that they must either condescend for Peace sake to one anothers Proposals so as not to destroy the Government or they must suffer the Grievance and let the Quarrell fall for a time till the injurious can be worn to a compliance or they must fight it out for that is their going to Law the Souldiers are their Jury-men and Victory is their Verdict For the Question is not about breach of Government but whether that be the Government or no and seeing this Cause transcends the Executive part of the Government it cannot be decided by Legal Process but by Law-makers and if they cannot agree Men are at liberty to joyn with that side they judge in the right Reason and Conscience must be their Guide the Law cannot and they that proceed on this ground are their own Warrants on either side for neither have a Legal Power to determine the other Therefore the Power of Judging is neither Authoritative nor Civil and so argues no Superiority in those that Judge but only a Power residing in reasonable Creatures or judging of their own Act of which they never were devested by any Lawful Authority and therefore may lawfully use upon such Occasions and though the Government does not warrant a Civil War in such a case yet the End and Reason of this Government does For it being fram'd to prevent the exorbitant Power of the Prince for the publick Good he that fights for the publick Good againg an Usurped Power or an Arbitrary Invader of the Governments Rights is justified by the design and intendment of the Frame and consequently by the equity of the Government though not by any Prescribed Form. For seeing many things are morally Honest and Profitable that are not reduced into positive Laws Men cannot proceed to those things if at any time they become necessary by prescribed Forms of Law because they have none and so in this case the question being not about Breach of Law but what is Law. And the Law not able to satisfie both King and People each claiming contrary Rights from the same Laws the Decision of this Case though it be very Good and Profitable for this Nation yet has no prescribed form of Law to direct us to and therefore both King and People are to proceed according to moral Honesty to the end of the Government that is the publick Good. The conclusion of all which is That seeing resisting of Illegal and Arbitrary Forces in defence of the Laws and Publick Interest of the Land is not against the Scriptures and consequently no Sin nor against moral Honesty and consequently no Crime not against Law but Law-breakers not against true Allegiance or any Prerogative of the Crown no Rebellion no Usurpation of the Sword nor Criminal Disobedience and not incommodious or unsafe for the Publick in respect of the impendant Injuries and Hazards it remove nor inconsistent with the Frame of Government which cannot otherwise decide and Obstinate difference betwixt King and People I cannot but conclude it is a very Worthy and Virtuous Act to be in Arms for defence of the Laws the King 's just Rights and the publick Good and consequently that those Gentlemen who are in Arms for defence of our Laws Liberties and Lives against Illegal Forces Arbitrary Commands and Usurped Powers are in a Virtuous Post For if the Subjects Rights might not be defended by this means it would be all lost it being all one in these days to have no Right and to have no sufficient means to defend it The Doctrine of Non-resistance plainly puts all we have into an ill King's Ilands and the good Ones will scarce part with what they are apt to love so dearly and we parted with so freely should we therefore Preach this Doctrine to our Princes and tell them that they might take what we have without danger or opposition we should teach them to try our Patience if all must be referr'd to their Consciences they will soon without the help of a Jesuite find case enow and cause enough to secure that and leave the examination of them to the latter Day hatred of our Persons love of our Estates disgust at our Words or Actions or dislike of our Religion will soon judge us unworthy of our Liberty and Property as well as i● has already done of our Offices Honors and Preferments Passion and Scorn Pride and Ambition Covetousness and Prodigality would all prey upon what we had with a quiet though not with a good Conscience but especially if the King were Poor and Necessitous either by wilful Profuseness or Negligence for Nature would even tell him in such a Case That we had all better want than he and then farewel Property the worst you could do him was but to pet and cry a bit and perhaps that might become a Pleasure to him too and then you had nothing to rest on but that God would give you the Kingdom of Heaven for beggering your Selves impovershing the Church and giving what you had to the Devils Service an ill ground for such costly hopes to stand upon 2. This Doctrine renders Government prejudicial to the greatest part of Mankind depriving them of all just defence For the Illegal Force bars them of Legal Defence and the Doctrine of Non-resistance bars them of Corporal and so Man under one of the best Governments in the World is left Naked in the midst of Savage Beasts for homo lupus and must not though be able make any defense for himself Thus all the Rights of Society and Nature are sacraficed to the lust and age of a Wicked King and his Evil Instruments and the Body Politick is really in a worse condition than an unlimitted Multitude for they may defend themselves if they will against any Enemy but these have an Enemy and may not defend themselves though in never so just a Cause and what is worst of all must hold their own Hands whilst others cut their Throats Lastly This Doctrine would make all Monarchs Arbitrary Monarchs and a like in effect for if the Subjects may not nor ought if they were able resist the Prince any further than by refusing to joyn with him then he were Arbitrary and might do what he pleas'd without opposition he had but a Moral restrant and the most absolute Monarch had that upon him and all limitations in the Fundamentals of Government would be idle and superfluous because they contained only such Rights as others might take faom us at Pleasure and we might not defend or oppose But the end of limitted Monarchies is not that the Monarch might not Lawfully or Rightfully oppress for an Arbitrary Monarch is bound to all that But the end of all limitations in Government is that the Prince may want Means as well as Right to oppress that he may not be able to injure the Subject at all either Lawfully or Unlawfully they are limitted to govern by Laws that they may want Means as well as Right to include the Subjects Property But the Doctrine of Non-resistance gives them Means for a Temptation and is indeed but a fair Bait to draw them into a Snare FINIS

THE THOUGHTS OF A Private Person About the JUSTICE OF THE Gentlemens Undertaking AT YORK Nov. 1688. Wherein is shewed That it is neither against Scripture nor Moral honesty to defend their Just and Legal Rights against the Illegal Invaders of them Occasioned then by some Private Debates and now submitted to better Judgments Printed in the Year 1689. The present Undertaking of the Gentlemen at YORK Nov. 88. taken into Consideration wherein is shewed That it is neither against Scripture nor moral Honesty to defend their Just and Legal Rights against the Illegal and Unjust Invaders of them by way of Objection and Answer FIrst That it is not against Scripture is shewed Obj. 1 2 3. 2. That it is not inconsistent with the Frame of the Government in General Obj. 4. 3. Not against the Law but the Law-breakers Obj. 5. 4. Not Rebellion Obj. 6. 5. No Vsurpation of the Power of the Sword Obj. 7. 6. No unlawful Act in a moral Sense Obj. 8. 7. Not against true Allegiance Obj. 9. 8. Not against the Declaration in a Legal Sense Obj. 10. 9. Not against Political Power but Force without Political Power Obj. 11. 10. Not against any Royal Prerogative in general Obj. 12. 11. Not against the Supremacy Obj. 13. 12. Not Criminal Disobedience Obj. 14. 13. Not incommodious or unsafe for the Publick in respect of the present and approaching Evils in removes Obj. 15 16. 14. No disparagement to the Frame of the Government that cannot otherwise decide at obstinate difference between King and People Obj. 17. Lastly The Conclusion shewing That Non-resistance of illegal Force does in effect make all Monarchs Arbitrary and the People Slaves The Thoughts of a Private Person c. MEN have three Rules to walk by which we may call Laws that is Nature Reason and Religion and and answerable to these three a Christian hath three Principles that is Sensitive Rational and Spiritual which I take to be the distinction that St. Paul makes 1 Thes 5.23 I pray God your whole Spirit Soul and Body be preserved blameless unto the coming of our Lord Jesus Christ Nature considers all Men as single Persons and directs them to Self-interest and Self-preservation as the chief end Reason considers Men as sociable Creatures and directs them to unite the Government for the publick Good inclusive of their own Safety as the chief End. And the Spirit considers Men as Candidates for Heaven and directs them to live according to the Word of God that they may attain Eternal Happiness the chief End of Man. All these have the divine Warrant and are of force where the Lower is not superseded by the Higher A single Person is not to expose himself to ruin unless it be for the Publick good and the Publick are not to expose themselves to Beggary and Slavery unless it be for the Kingdom of Heaven Now though these Rules may be considered separate and apart yet they all ought to be in a Christian Government Laws for the publick Good do not destroy the Law of Nature but supersede it for a greater Good and the Laws of God do not destroy the Law of Reason but supersede it for a higher end and so makes it still more Reasonable to do so Nothing therefore can justifie a Private Injury but the Publick Good and nothing can hinder the Publick Good for being carried on but Sin. For these Laws are not destructive but supportive of one another and all supportive of Man. When a Man cannot defend himself by the Method and Measures of the Publick as in case of sudden Assaults he may by the Law of Nature break the Peace and smite his Adversary to save his own life because humane Laws can reward no Person 's obedience with so good a thing as life and therefore the publick good excepted his life is to be preferred before all forms of Law. But it is not so with the Laws of God for if I be urged to deny my Faith or dye I must dye rather than break God's Law because God will give me a better Life and an infinite Reward Necessity can suspend a positive Law of Man that is merely such but it cannot supersede what is established by God or Nature an Act therefore that is civilly Unlawful may notwithstanding be Lawful because it is not Lawless but under a more extensive Law. If it be according to the Laws of God or sound Reason the Conscience is safe and the Act commendable before God and good Men though it be against the form of Political Law For though it be against the Form it is not against the Reason of that Law and the Form not being extensive enough of Man's safety it must give place to necessity and absolve him of his duty when his duty would destroy him The Safety of Man shows us both the Necessity and End of humane Government for when private Persons found they could not be Safe they were willing to enter into Compacts and Associations and reposite their private Safety in the publick Interest And therefore if after this Association some of their Fellows will break the Covenants and go about to destroy the Rest it is lawful both by the Laws of God and Man for the injured to defend themselves and by the Laws and Compacts by them made and consented to on both sides for the publick Good. Otherwise it would be unlawful to resist Injustice and consequently a Thief or a Robber Objets 1. But you will say in all Governments there are Superiours and Inferiours and God has made Obedience a part of Religion and consequently conducive to a higher end than the Publick Good and therefore if the Governours break the Laws and introduce a Publick Evil for a Private Interest they must not be resisted upon pain of Damnation Answ This were a good Plea if it were true but God is not the Patron of Injustice and therefore he gives no Prince or Potentate more Authority over the People than the Tables of the Government express and of these there are diverse degrees Those that are Govern'd by the Will of their Prince whose Word is a Law if he command their Persons for Slaves or their Estates to serve his Ambition they must obey and God requires it of them because it is the Prince's Right Arbitrary Princes have a Political Power to treat a Subject cruelly and inhumanely their Immortality is an offence against God not in justice to the Subject who had given himself up to be used at their discretion But those that are to rule by Laws made for the Publick Good and such as render the Subjects Freemen not Slaves such as secures their Religion Liberty and Property if these Princes contrary to Law imprison their Persons or seize their Estates they do it unjustly without God's Warrant or any Political Authority and may be resisted or else we might not resist the Devil should he creep into the Court in a Jesuits habit and Haman-like get a Commission