A09365:1450
The Whole Treatise of the Cases of Conscience
The whole treatise of the cases of conscience distinguished into three books: the first whereof is revised and corrected in sundry places, and the other two annexed. Taught and delivered by M. W. Perkins in his holy-day lectures, carefully examined by his own briefs, and now published together for the common good, by T. Pickering Bachelor of Divinity. Whereunto is adjoined a twofold table: one of the heads and number of the questions propounded and resolved; another of the principal texts of Scripture which are either explained, or vindicated from corrupt interpretation.The whole treatise of the cases of conscience distinguished into three bookes: the first whereof is revised and corrected in sundrie places, and the other two annexed. Taught and deliuered by M. W. Perkins in his holy-day lectures, carefully examined by his owne briefes, and now published together for the common good, by T. Pickering Bachelour of Diuinitie. Whereunto is adioyned a twofold table: one of the heads and number of the questions propounded and resolued; another of the principall texts of Scripture vvhich are either explaned, or vindicated from corrupt interpretation.
Cambridge: printed by John Legat, 1606Cambridge: printed by Iohn Legat, 1606
Modern spelling is a reading aid: the words are the author’s, only the spelling is modernized. Original shows the page as printed, with the transcription marks.
A Just defence stands in these things. I. It must be done incontinent and forthwith, so soon as ever violence is offered. For if there be delay, and it come afterward, it looses the name of a just defence, and becomes a revenge, arising of prepensed malice, as the Lawyers use to speak. II. There must be an intention, not to revenge principally, or ⟨p. 501⟩to kill, but only to defend himself. III. There must be a just and equal proportion of weapons; therefore it is no just defence to shoot a naked man through with a musket, or other piece of ordinance, when he offers violence.
A Iust defense stands in these things. I. It must be done incontinent and forthwith, so soone as euer violence is offered. For if there be delay, and it come afterward, it looses the name of a iust defense, and becomes a reuenge, arising of prepensed malice, as the Lawyers vse to speake. II. There must be an intention, not to reuenge principally, or ⟨p. 501⟩to kill, but onely to defend himselfe. III. There must be a iust and equall proportion of weapons; therefore it is no iust defence to shoote a naked man through with a musket, or other peece of ordinance, when he offers violence.
V. Case. Whether a man may rescue himself or others by Combat?
V. Case. Whether a man may reskue himselfe or others by Combate?
Ans. It hath been of ancient times, an usual manner of defence in some countries, that in case of difference, between people and people, in matters of weight, two men should be chosen out among the rest, who by fighting hand to hand, and killing one an other, should end the controversy. But this way of defence, how ancient so ever it be, is utterly unlawful.