A92147:905
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.
if one fall, his fellow in that exigence is not only not obliged to lift him up, but he and the rest flying, ⟨p. 334⟩though they trample on him and kill him, they are not guilty of murder, seeing they hated him not before. Deut. 19. 4. 6. so Chemnit. loc. com. de vindic. q. 3. alloweth private defence. 1. When the violence is sudden, And the 2. Violence manifestly inevitable. 3. When the Magistrate is absent and cannot help. 4. When moderation is kept as Lawyers require. 1. That it be done incontinent, if it be done after the injury, it is revenge, not defence. 2. Not of Desire of revenge. 3. With proportion of armour. If the violent invader invade not with deadly weapons, you must not invade him with deadly weapons, and certainly the law, Exod. 22. of a mans defending his house is clear. 1. If he come in the night, it is presumed he is a robber. 2. If he be taken with a weapon breaking the house, he cometh to kill, a man may defend himself, wife, and children, but he is 3. but to wound him, and if he die of the wound, the defender is free, so the defender is not to intend his death, but to save himself.
if one fall, his fellow in that exigence is not onely not obliged to lift him up, but he and the rest flying, ⟨p. 334⟩though they trample on him and kill him, they are not guilty of murther, seeing they hated him not before. Deut. 19. 4. 6. so Chemnit. loc. com. de vindic. q. 3. alloweth private defence. 1. When the violence is suddaine, And the 2. Violence manifestly inevitable. 3. When the Magistrate is absent and cannot help. 4. When moderation is kept as Lawyers require. 1. That it be done incontinent, if it be done after the injury, it is revenge, not defence. 2. Not of Desire of revenge. 3. With proportion of armor. If the violent invader invade not with deadly weapons, you must not invade him with deadly weapons, and certainly the law, Exod. 22. of a mans defending his house is clear. 1. If he come in the night, it is presumed he is a robber. 2. If he be taken with a weapon breaking the house, he cometh to kill, a man may defend himself, wife, and children, but he is 3. but to wound him, and if he die of the wound, the defender is free, so the defender is not to intend his death, but to save himself.