A92147:829
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.
But before I produce Arguments, to prove the lawfulness of resistance,1 a little of the case of resistance. 1. Doct. Ferne, part. 3. sect. 5. pag. 39. granteth resistance by force to the King to be lawful. 1. When the assault is sudden. 2. Without colour of a Law, and Reason. 3. Inevitable. But if Nero burn Rome, he hath a colour of Law and Reason; yea, if all Rome, and his mother, in whose Womb he lay, were one neck. A man who will with reason go mad, hath colour of Reason, and so of Law, to invade and kill the innocent.
But before I produce Arguments, to prove the lawfulnesse of resistance,1 a little of the case of resistance. 1. Doct. Ferne, part. 3. sect. 5. pag. 39. granteth resistance by force to the King to be lawfull. 1. When the assault is sudden. 2. Without colour of a Law, and Reason. 3. Inevitable. But if Nero burn Rome, he hath a colour of Law and Reason; yea, if all Rome, and his mother, in whose Womb he lay, were one neck. A man who will with reason go mad, hath colour of Reason, and so of Law, to invade and kill the innocent.
- 1Resistance in some cases lawful, according to D. Fern.Resistance in some cases lawfull, according to D. Fern.
2. Arnisaeus saith, If the Magistrate proceed extra-judicialiter, 1without order of Law by violence, the Laws giveth every private man power to resist, if the danger be irrecoverable; yea, though it be recoverable. L. prohibitum, C. de jur. fisc. l. quemadmodum. 39. §.2 Magistratus ad l. Aquil. l. nec Magistratibus, 32. de injur. Because while the Magistrate doth against his office, he is not a Magistrate, for Law and right, not injury, should come from the Magistrate. L. meminerint. 6. C. unde vi. Yea, if the Magistrate proceed judicially, and the loss be irrecoverable. Jurists say, That a private man hath the same Law to resist, Marantius dis. 1. n. 35. And in a recoverable loss, they say, every man is holden to resist, si evidenter constet de iniquitate; If the iniquity be known to all, D. D. Jason. n. 19. dec. n. 26. ad l. ut vim de just. & jur.