A FEW PROPOSITIONS SHOWING THE lawfulness OF DEFENCE Against the injurious attempts of outrageous violence.  
It is this eighth day of June, An. Dom. 1643. Ordered by the Committee of the House of Commons, concerning Printing, that this Book entitled, A few Propositions, &c, be Printed.  
JOHN WHITE.  
LONDON Printed for SAMUEL GELLIBRAND, at the Brazen Serpent in Paul's churchyad, 1643.   

A few propositions, showing the lawfulness of defence against Injurious attempts of outrageous violence.  

1. Lawfulness of private defence against private assaults of Life.  I. BY the law of nature, it is lawful 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 laws 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 lawful 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 rob, or deprived of it. And in one respect it is more Inviolable than life. and are many cases, wherein it is lawful to deprive others of their lives, & for a man to yield up his own life patiently; but none, wherein it is lawful to deprive them of their chastity, or to yield that up: It being ever a sin against the Law and light of nature.  

3. of Goods.  III. By the law of nature, also, it is further lawful 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 spoil. Only it must be remembered that in this case of of goods (as also in lesser injuries to a man's person) Christian meekness, recommended and charged upon us by our Saviour, Matth. 5.39.40. requires that sometimes we suffer to some degree, rather than defend ourselves even by law Civil, and therefore much rather then by our own hand. Namely when our defence might endanger more harm 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 overcoming evil with good or the like. But otherwise, God no where disallows 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 inferior Magistrate, that without all authority of law offers injurious assaults, of outrageous 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 known 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 privileged to do, (or in doing) any such act, altogether beyond the bound of his lawful Office, than a private person is. But even any such officer and inferior Magistrate is liable to punishment (even Capital) for his Robbery or Murder practised (or attempted by him) as well as any private person, when legally convicted of it.  
Though therefore there is (which is to be remembered) 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 do any such acts altogether contrary to his Office (as all outrageous violences infallibly are: his Office being properly to preserve others from such violences) it cannot, but in reason and justice be equally lawful to defend one's self 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 process of law, to take away ones goods (unless 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 authorise any private person, or even any Officer or inferior Magistrate so to do: or deprive the assaulted persons of their just defence, before argued for.  

No absolute Monarchy in point 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 Supreme Magistrates pleasure; it makes or declares him then to be an absolute Monarch; and then his will any way manifested is sufficient process 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, merely at his own will and pleasure. For all Monarchy (and even all authority among men) is primarily and principally for God's glory, and then for the good of the whole society; and but subordinately for the honour and greatness of the Monarch. But as it cannot be conceived how it should be to God's glory who hath so pereptorily forbidden the shedding of innocent blood so is it not imaginable that it should be for the good of the whole Society, that any one man should have absolute power of the life of all the rest, or even of any one, merely at his own pleasure no true good to the Monarch himself, none to the commonwealth 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 makes 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 certain that God hath given no man in nature or scripture any such authority to take away the lives of others at their own mere 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 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 supreme magistrate, adds nothing to such outrageous illegal commands to authorise 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 supreme 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, merely by his presence. Still then against any violent illegal outrages though countenanced by his presence, defence is lawful 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 outrageous 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 lawful 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 itself. Mere 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. Only for matter of goods, because they may be divers ways recompensed again, and a man may subsist though spoiled of all for the present, a Law might forbid the kill 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 one's house and goods. So that a man must look to the law of the nation, for any such allowance. 2 But all laws of God and just men will and do require that if a man can defend himself, without offence of another, or very little, that he proceed not further.  
VIII. If more than one come to assault any, the defence is no less just and lawful, but rather the more, and so if they come with arms in a warlike manner, even though the defence could not be without killing more than one of them.  
No Law of any nation can be conceived to prohibit this: for how many soever there be of them, a just Law, cannot but hold them all malefactors, and the more set upon mischief, and notorious malefactors, by how much greater their number, and their preparation of Force, and so it cannot but prefer the good of one innocent before a multitude of such lawless persons.  

9 Defence of neighbours lawful.  IX. Where the assault is not against ones self personally, but against ones neighbours, their lives, chastity or goods, it is lawful for any to join with such, as are so assaulted in their just and necessary defence.  
Neither can any Law, justly deny this, which common equity not only allows, but calls for: I am to love my neighbour as myself, and do to others, as I would they should do unto me. Also God's Law, that punished adultery with death, supposed if a woman cried out in the city against a ravisher, she should be rescued by one or other: and he severally threatens a requital 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. joint defence of many lawful, ever, with Arms  X. Where the assault or attemp is not only against single persons, but divers, and the number of assailants be great, and they come with force of arms, still it is the more lawful for the assailed, (and their neighbours) to join together in their mutual necessary defence, by all Laws forementioned of nature, and nations.  

11. Lawful for officers to command 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 join together in such defence, and moreover, for the apprehension of such malefactors as disturb the peace by such attempts of Violence, also those that are under Authority are bound, (and therefore, much more is it lawful for them,) to join with such Officer, who legally charge them to help them keep the peace. And all this notwitghstanding any pretended command from the supreme Magistrate, or his very presence of ring to warrant violent outrages.  
No laws of any nation can be supposed to contradict even this wholly, for though laws may possibly make void all inferior 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 lawful,  XII. Where it appears evidently, or upon just 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 breaks forth.  

13. Upon warning of public watchmen,  XIII. Where any are employed to be public watchmen, and they give notice of a danger which they see at hand, or descry a fare 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 fare as to prepare for a suitable defence, at least so long as they are not proved to have needlessly frighted men, with false Alarms  

14. Special causes of giving them credit.  No law can be imaginable to contradict this, for that were to contradict the office itself, 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 wilful betraying their own safety.  
XIV. 2 It is yet more lawful, to give credit to such watchme, (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 practices of such against whom they war, like those they mention. 4 And still the more when they see signs, that such men are still of the same mind they were formerly, to do outrages & violence. 5 And yet further, when they make preparations for it, at least in such fort as will enable 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. Lawful to meet 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 do otherwise, were to gratify those that intent such assaults as much as they need to desire, and more than they can possibly expect from Rational men.  
XV. Where the assailants are likely to be many, & furnished with Arms and warlike provisions, The nature of defence doth not enjoin (nor admit) to keep altogether close, and stay ever at home. But allows as lawful (and even requires as necessary) to march forth against them even armed, to meet such assailants and keep them from coming too near their dwelling. And if meeting the, they appear resolved to proceed in their violence, they who come forth for defence, may begin to assault their adversaries, and it is still but a defence.  

16. Peaceful mind necessary, yet lawful 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 begin actually to make their assault, they may have gotten irrecoverable advantage and irresistible strength against the defendants. Therefore defence being allowed them, they transgress 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 disarm them, and disable them from doing the mischief intended.  
XVI. 1 As in all defence it must be remenbred, that it is nor lawful to offend the assailants beyond necessity. 2 So special 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 less and worse than nothing. Where defence is just, nothing but prudence hath authority to command any to disarm themselves; & that can never giv● such a charge, but upon a moral probability of the danger bein● so sufficiently over for this time; that before another can arise, there may be again sufficient means 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 assailants. 2 And yet in extremity, it's lawful to make use of somewhat which belongs to others. 3 Provided they afterward have full recompense made them for any damage then sustained by the defendants, if at least the benefit of the defence (though they did not own it) redounding even to them, make them not sufficient recompense, of itself.  
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 helpful to the innocent in danger, at least insome degree, so fare as may be without his own ruin. Also the good of many being in danger, or a greater good than is hazarded by what is used of a by-stander; Use may be made of it upon the Terms forenoted without any Injustice, 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 than the Defendants; especially when as otherwise himself might be in danger as well as the rest of the Defendants. And then to borrow somewhat of him, or secure him from doing harm, cannot but be included within the limits of the necessary defence, and so be allowed as lawful.  

18. Lawful for a country or Kingdom to defend themselves from slavery, and true Religion established from subversions.  XVIII. If the danger be to a whole country, & much more if to a whole Kingdom; & that there be attempts, apparent or justly suspected to enslave men's goods and persons (and yet more if the true religion established by law, be also aimed at and in danger to be subverted) a joint, and even general defence is so much the more lawful and even necessary, calling all officers to their duties respectively, & all private persons too, specially 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 Kingdom, 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 Lawful for a Parliament to command the whole Kingdom to defend themselves and apprehend disturbers.  XIX. When in any Kingdom or common wealth, there are States (or Parliaments) which represent the whole body of the Subjects, they are not only the public watchmen, & great Council of the kingdom, but the Great officers, and chiefest Court of Justice of the whole Kingdom, and so entrusted and charged above all others, with the keeping of the Peace, and defence of the innocent, all the Kingdom over, and so their authority reaches throughout the whole kingdom, and to command all inferior Officers, and Magistrates, and private persons, to do their duties respectively, (whether others do theirs or not) for the necessary defence of themselves, their neighbours and the whole Kingdom, and to this end, to arm themselves, and march orderly into any part of the Kingdom, 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 Capital Crimes, hath power to send to apprehend those that are to be judged by him, or else all their authority is a mere pageant, and a mockery. The States then of a Kingdom, who are the great Officers, & Judges of Judges, (even of all other) cannot be denied the forenamed power, throughout the whole Kingdom, indefence of the Peace, and punishment of the violators of it, even though countenanced by the King's presence and command.  

20. Lawful to make captains, and a General with sufficient authority.  XX. By all the foregoing Propositions, it appears that in the fore mentioned cases, it is lawful even for private persons, 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 Kingdom, to defend the whole Kingdom against all Violators of the Peace, & Justice of it. Whence it also follows undeniably, that they may in such exigents of necessity, appoint Captains and other Officers of war, and a General 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 soldiers, and all others for the common good, and this specially, when the ordinary Officers of justice, (or Captains of the soldiers, if there be any) either will not join in such just and necessary defence, or have not skill, to manage and conduct the forces.  
No law, that yields 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 than before, because their offering at a Defence the more provokes their assailants, and their want of skilful commanders, and their ordering their affairs, will expose them to the Violence of those, that will not fail, to come against them, with all the advantages that may be.  
Thus far to show 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 refer him for that to the Political Catechism, and the Kingdom's Case.  
FINIS.