A92147:1360
A treatise of civil policy
A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and privilege, in reference to the supreme prince and the people. / By Samuel Rutherford professor of divinity of St Andrews in Scotland.A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland.
London, : Printed and are to be sold by Simon Miller at the Star in St Pauls Church-yard near the West end., 1657 i.e. 1656
Title page typeset from the transcription.
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.
Quest. 13. Whether or no are subjects more obnoxious to a King 1then Clients to Patrons, and servants to Masters, because the Patron cannot be the Clients Judge? but some superior Magistrate must judge both, and the slave had no refuge against his Master, but only flight. And the King doth confer infinite greater benefits on the subjects, then the Master doth on the slave, because he exposeth his life, 2pleasure, ease, credit, and all for the safety of his subjects?] Ans. Its denied; for to draw the case to Fathers, and Lords in respect of Children and Vassals; the reason why Sons, Clients, Vassals can neither formally judge, nor judicially punish Fathers, Patrons, Lords and Masters, though never so Tyrannous, is a Moral impotency, or a political incongruity, because these relations of Patron and Client, Fathers and Children are supposed to be in a Community, in which are Rulers and Judges, above the Father and Son, the Patron and the Client; but there is no Physical incongruity that the politic inferior punish the superior, if we suppose ⟨p. 460⟩there were no Judges on the earth, and no relation, but Patron and Client; and because, for the father to destroy the children, is a troubling of the harmony of Nature, and the highest degree of violence, therefore one violence of self defence, and that most just, though contrary to nature, must be a remedy against another violence: but in a Kingdom there is no political Ruler above both King and People; and therefore though Nature have not formally appointed the political relation of a King, rather then many Governors, and subjects, yet hath Nature appointed a Court and Tribunal of necessity, in which the people may by innocent violence, repress the unjust violence of an injuring Prince; so as the people injured in the matter of self defence, may be their own Judge. 2. I wonder that any should teach, That oppressed slaves had of old no refuge against the tyranny of Masters, but only flight: for 1. The Law expressly saith, That they might not only fly, but also change Masters, which we all know was a great damage to the Master, to whom the servant was as good as money in his purse. 2. I have demonstrated3 before by the Law of Nature, and out of divers learned Jurists, that all inferiors may defend themselves by opposing violence against unjust violence;