A92147:903
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.
4. The reason of Fortunius Garcias a skilful Lawyer in Spain is considerable, Comment. in l. ut vim vi ff. de justit. & jure. God hath implanted in every creature natural inclinations, and motions to preserve it self, and we are to love our self for God, and have a love to preserve our selves rather then our neighbour, and Natures law teacheth every man to love God best of all, and next our selves more then our neighbour; for the Law saith, Thou shalt love thy neighbour as thy self; then (saith Malderus come. in 12. q. 26. tom. 2. c. 10. concl. 2.) The love of our self, is the measure of the love of our neighbour. But the rule and the measure is more perfect, simple, and more principal then the thing that is measured: It is true, I am to love the salvation of the Church, it coming nearer to Gods glory, more then my own salvation, as the wishes of Moses and Paul do1 prove; and I am to love the salvation of my brother, more then my own temporal life; but I am to love my own temporal life, more then the life of any other, and therefore I am rather to kill, then to be killed, the exigence of necessity so requiring; Nature2 without sin aimeth this as a truth, in the case of loss of life; Proximus sum egomet mihi. Ephes. 5. 28, 29. He that loveth his wife, loveth him self; for no man ever yet hated his own flesh, but nourisheth it, and cherisheth it, even as the Lord the Church. As then nature tieth the dam to defend the young birds, and the Lyon her whelps, and the husband the wife, and that by a comparative re-offending, rather then the wife or children should be killed; yea, he that is wanting to his brother, (if a robber unjustly invade his brother) and helpeth him not, is a murderer of his brother so far, Gods spiritual law requiring both conservation of it in our person, and preservation in others. The forced Damsel was commanded to ⟨p. 333⟩cry for help, and not the Magistrate only, but the nearest private man or woman was to come, by an obligation of a divine Law of the seventh Commandment, to rescue the Damsel with violence; even as a man is to save his enemies Ox or his Ass out of a pit:
4. The reason of Fortunius Garcias a skilfull Lawyer in Spaine is considerable, Coment. in l. ut vim vi ff. de justit. & jure. God hath implnted in every creature naturall inclinations, and motions to preserve it selfe, and we are to love our self for God, and have a love to preserve our selves rather then our neighbour, and Natures law teacheth every man to love God best of all, and next our selves more then our neighbour; for the Law saith, Thou shalt love thy neighbour as thy selfe; then (saith Malderus com. in 12. q. 26. tom. 2. c. 10. concl. 2.) The love of our selfe, is the measure of the love of our neighbour. But the rule and the measure is more perfect, simple, and more principall then the thing that is measured: It is true, I am to love the salvation of the Church, it comming neerer to Gods glory, more then my owne salvation, as the wishes of Moses and Paul do