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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
death_n	dead_a	law_n	sin_n	8,479	5	5.6711	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A92147	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.	Rutherford, Samuel, 1600?-1661.	1656 (1656)	Wing R2396; Thomason E871_1; ESTC R207911	452,285	479

need of a King more then there should have beene need of a Tutor to defend the child whose father is not dead or of a Physitian to cure sicknesse where there is health for remove sinne and there is neither death nor sicknesse but because sinne is entered into the world God devised as a remedy of violence and unjustice a living rationall breathing Law called a King a Iudge a Father now the aberrations violence and oppression of this thing which is the living rationall breathing Law is no Medium no meane intended by God and nature to remove violence How shall violence remove violence Therefore an unjust King as unjust is not that genuine ordinance of God appointed to remove unjustice but accidentall to a King So we may resist the unjustice of the King and not resist the King 8 If then any cast off the nature of a King and become habitually a Tyrant in so farre he is not from God nor any ordinance which God doth owne If the Office of a Tyrant to speake so be contrary to a Kings Offices it is not from God and so neither is the power from God 9. Yea Lawes which are no lesse from God then the Kings are when they begin to be hurtfull Cessant materialiter they leave off to be Lawes because they oblige Non secundum vim verborum sed in vim sensus not according to the force of words but according to sense ● Non figura literarum F. de actione obligatione l. ita stipulatus But who saith the Royalists shall be judge betwixt the King and the people when the people alledge that the King is a Tyrant Ans There is a Court of necessity no lesse then a Court of Justice and 2. The fundamentall Lawes must then speake and it is with the people in this extremity as if they had no Ruler Obj. 1. But if the Law be doubtsome as all humane all Civill all municipall Lawes may endure great dispute the peremptory person exponing the Law must be the supreame Iudge This cannot be the people ergo it must be the King Ans 1. As the Scriptures in all fundamentalls are cleare and expone themselves and Actu primo condemne Hercsies so all Lawes of men in their fundamentals which are the Law of Nature and of Nations are cleare And 2. Tyranny is more visible and intelligible then Heresie and it s soone decerned If a King bring in upon his native subjects twenty thousand Turks armed and the King lead them It is evident they come not to make a friendly visite to salute the Kingdom and depart in peace the people have a naturall throne of policie in their conscience to give warning and materially sentence against the King as a Tyrant and so by nature are to defend themselves Where Tyranny is more obscure and the thred small that it escape the eye of men the King keepeth possession but I deny that Tyranny can be obscure long Object 2. Doct. Ferne. A King may not or cannot easily alter the frame of fundamentall Laws he may make some actuall invasion in some transient and not fixed acts and it is safer to bear these then to raise a civill Warre of the Body against the Head Answ 1. If the King as King may alter any one wholesome Law by that same reason he may alter all 2. You give short wings to an Arbitrary Prince if he cannot over flie all Laws to the subversion of the Fundamentalls of a State if you make him as you do 1. One who hath the sole Legislative power who allanerly by himself maketh Laws and his Parliament and Councell are onely to give him advice which by Law he may as easily reject as they can speak words to him He may in one transient act and it is but one cancell all Laws made against idlolatry and Popery and command through bad Counsell in all his Dominions the Pope to be acknowledged as Christs Vicar and all his doctrine to be established as the Catholike true Religion It is but one transient act to seal a pardon to the shedding of the blood of two hundred thousand killed by Papists 2. You make him a King who may not be resisted in any case and though he subvert all Fundamentall Laws he is countable to God onely his people have no remedy but prayers or flight Object 3. Ferne Limitations and mixtures in Monarchies do not imply a forceable restraining power in subjects for the preventing of the dissolution of the State but onely a legall restraining power and if such a restraining power be in the subjects by reservation then it must be expressed in the constitution of the Government and in the Covenant betwixt the Monarch and his people but such a condition ●● unlawfull which will not have the Soveraign power secured is unprofitable for King and people a seminary for seditions and jealousies Answ I understand not a difference betwixt forceable restraining and legall restraining For he must mean by legall mans Law because he saith It is a Law in the Covenant betwixt the Monarch and his people Now if this be not forceable and physicall it is onely Morall in the conscience of the King and a Cypher and a meer vanitie for God not the people putteth a restraint of conscience on the King that he may not oppresse his poor subjects but he shall sin against God that is a poor restraint the goodnesse of the King a sinfull man inclined from the womb to all sin and so to Tyranny is no restraint 2. There 's no necessitie that the reserve be expressed in the Covenant between King and people more then in contract of marriage between a husband and a wife beside her joynter you should set down this clause in the contract that if the husband attempt to kill the wife or the wife the husband in that case it shall be lawfull to either of them to part companies For Doct. Ferne saith That personall defence is lawfull in the people if the Kings assault be 1. Suddain 2. Without colour of Law 3. Inevitable Yet the reserve of this power of defence is not necessarily to be expressed in the contract betwixt King and people Exigences of the Law of nature cannot be set down in positive Covenants they are presupposed 3. He saith A reservation of power whereby soveraigntie is not secured is unlawfull Lend me this Argument The giving away of a power of defence and a making the King absolute is unlawfull because by it the people is not secured but one man hath thereby the sword of God put in his hand whereby ex officio he may as King cut the throats of thousands and be countable to none therefore but to God onely now if the non-securing of the King make a condition unlawfull the non-securing of a Kingdom and Church yea of the true religion which are infinitely in worth above one single man may far more make the condition unlawfull 4.

both a father because a King and a Tyrant and cruell and lyon-hearted oppressour of these whom he hath conquered for God hath given him Royall power by this example to put these to whom he is a father and defender by office to torment and also to be a torturer of them by office by bringing their backs under such Instruments of crueltie as saws and harrows of iron and axes of iron QUEST XIII Whether or no Royall dignitie have its spring from nature and how that is true every man is born free and how servitude is contrary to nature I Conceive it to be evident that Royall dignity is not immediately and without the intervention of the peoples consent given by God to any one person 2. That conquest and violence is no just title to a Crown Now the question is If Royalty flow from nature if Royalty be not a thing meerly naturall neither can subjection to Royall power be meerly naturall but the former is rather civill then naturall and the question of the same nature is Whether subjection or servitude be naturall I conceive that there be divers subjections to these that are above us some way naturall and therefore I rank them in order thus 1. There is a subjection in respect of naturall being as the effect to the cause so though Adam had never sinned this morality of the fifth command should have stood in vigour that the son by nature without any positive Law should have been subject to the father because from him he hath his being as from a second cause But I much doubt if the relation of a father as a father doth necessarily infer a Royall or Kingly authority of the father over the son or by natures Law that the father hath power of life and death over or above his children and the reasons I give are 1. Because power of life and death is by a positive Law presupposing sin and the fall of man and if Adam standing in innocency could lawfully kill his son though the son should be a Malefactor without any positive Law of God I much doubt 2. I judge that the power Royall and the fatherly power of a father over his children shall be found to be different and the one is founded on the Law of nature the other to wit Royall power on a meere positive Law The 2. degree or order of subjection naturall is a subjection in respect of gifts or age so Aristotle 1 Polit. cap. 3. saith that some are by nature servants his meaning is good that some gifts of nature as wisedom naturall or aptitude to govern hath made some men of gold fitter to command and some of iron and clay fitter to be servants and slaves But I judge this title to make a King by birth seeing Saul whom God by supervenient gifts made a King seemeth to ow small thanks to the womb or nature that he was a King for his crueltie to the Lords Priests speaketh nothing but naturall basenesse It s possible Plato had a good meaning Dialog 3. de legib who made six orders here 1. That fathers command their sons 2. The noble the ignoble 3. The elder the younger 4. The masters the servants 5. The stronger the weaker 6. The wiser the ignorant 3. Aquinas 22. q. 57. art 3. Driedo de libert Christ l. 1. pag. 8. following Aristotle polit l. 7. c. 14. hold though man had never sinned there should have been a sort of dominion of the more gifted and wiser above the lesse wise and weaker not antecedent from nature properly but consequent for the utilitie and good of the weaker in so far as it is good for the weaker to be guided by the stronger which cannot be denyed to have some ground in nature but there is no ground for Kings by nature here 1. Because even these who plead that the mothers womb must be the best title for a Crown and make it equivalent to Royall unction are to be corrected in memory thus That it is meerly accidentall and not naturall for such a son to be born a King because the free consent of the people making choice of the first father of that Line to be their King and in him making choice of the first born of the family is meerly accidentall to father and son and so cannot be naturall 2. Because Royall gifts to reign are not holden by either us or our adversaries to be the specifice essence of a King for if the people Crown a person their King say we if the womb bring him forth to be a King say the opponents he is essentially a King and to be obeyed as the Lords annointed though nature be very Parca sparing and a niggard in bestowing Royall gifts Yea though he be an idiot say some if he be the first born of a King he is by just title a King but must have Curators and Tutors to guide him in the exercise of that Royall right that he hath from the womb But Buchanan saith well He who cannot govern himself shall never govern others 1 Assert de facto As a man commeth into the world a member of a politick societie he is by consequence borne subject to the laws of that societie but this maketh him not from the wombe and by nature subject to a King as by nature he is subject to his Father who begat him no more then by nature a Lyon is borne subject to another King-Lyon for it is by accident that he is borne of parents under subjection to a Monarch or to either Democraticall or Aristocraticall governours for Cain and Abel were borne under none of these formes of Government properly and if he had been borne in a new planted Colonie in a wildernesse where no government were yet established he should be under no such Government 2 Assert Slavery of servants to Lords or Masters such as were of old amongst the Iews is not naturall but against nature 1. Because slaverie is malum naturae a penall evill and contrary to nature and a punishment of sinne 2. Slaverie should not have been in the world if man had never sinned no more then there could have been buying and selling of men which is a miserable consequent of sin and a sort of death when men are put to the toyling paines of the hireling who longeth for the shadow and under iron harrowes and sawes and to hew wood and draw water continually 3. The originall of servitude was when men were taken in warre to eschew a greater evill even death the captives were willing to undergoe a lesse evill slaverie S. Servitus 1. de jur Pers 4. A man being created according to Gods image he is res sacrae a sacred thing and can no more by natures law be sold and bought then a religious and sacred thing dedicated to God S. 1. Instit do invtil scrupl l. inter Stipulantem S. Sacram. F. de verber Obligat 3 Assert Every man by

Tyrannous invader and the King of Iudah the Lords Annoynted 3. The people also conspired with Manasseh as with Ahab Ier. 15. 4. 4. Of Emperours persecuting Christians we shall heare anon 5. Deut. 13. None are excepted by a synecdoche the dearest are expressed sonne daughter brother the friend that is as thine own soul Ergo fathers also And husbands are to love their lives Ephes 5. 25. Yet to execute judgement on them without pitty Deut. 13. 8. 9. The father is to love the son yet if the son prophecy falsely in the name of the Lord to kill him Zach. 13. 3. Hence love fear reverence toward th● King may be commanded and defensive warres also 6. Christ fled from Herod and all his actions and sufferings are mysteries and instructions saith the poor Prelate 1. Christ kissed the man that to his knowledge came to betray him Christ fled not but knowing where and when his enemy should apprehend him came willingly to the place Ergo we should not flee 2. His actions are so mysterious that Iohn P. P. in imitation of Christs fourty dayes fast will fast from flesh in lent and the Prelate must walk on the sea and work miracles if all Christs actions be our instructions 7. He might with more then twelve Legions of Angels defend himself but he would not not because resistance was unlawfull no shadow for that in the text but because it was Gods will that he should drink the cup his Father gave him because to take the sword without Gods warrant subjecteth the usurper of Gods place to perish with the sword Peter had Gods revealed wil that Christ behoved to suffer Math. 26. 52 53. Math. 16. 21 22 23. Gods positive command that Christ should die for sinners Iohn 10. 24. may well restraine an act of lawfull self-preservation hic nunc and such an act as Christ lawfully used at another time Luk. 4. 29 30. Ioh. 11. 7 8. we give no new creed but this apostate hath forsaken his old creed the religion of the Church of Scotland in which he was Baptised 9. Nor do we expunge out of the Creed Christs descension into hell the communion of Saints as the apostate saith but the Popish locall descension of Christ the Popish advancing of the Churches power above the Scriptures the intercession prayers to the saints or of the saints for us we deny this Prelate though he did swear the doctrine of the Church of Scotland preached expresly all these many other poynts of Popery in the Pulpits of Edenburgh 10. We beleeve that Christ suffered under Pontius Pilat but that Pilat had any legal power to condemne Christ but onely a power by a permissive Decree Act. 4. 27 28. Such as Devils had by Gods permission Luke 22. 53. we utterly deny 11. The Prelat saith it is his resolution for our sin of naturall selfe defence to dissolve in tears because his Bishopricke I conceive by which he was wont to dissolve in cups being drunk on the Lords day after he with other Prelates had been at the Lords Supper while the Chamber wherein they were was dissolved in vomitting was taken from him 12. The prophets cry against all sins but never against the sin of non-resistance and yet they had very Tyrannous and Idolatrous Kings 1. This is but a weak argument 1. The Prophets cry not out against all sins they cry not out against men-stealers and killers of father and mother in expresse tearmes yet do they by consequence condemne all these sins and so do they condemne non-resistance in wars by consequence when they cry out Ier. 5. 31. The Prophets prophesie falsly and the Priests beare rule by their meanes and my people love to have it so And when they complaine Ezek. 22. 26 27 28. That the Prophets and Priests violate the Law her Princes are like wolves ravening the prey to shed blood and the people use oppression and exercise robbery and vexe the poore And when they say Ier. 22. 2. not to the King onely but also to his servants and the people that enter in by the gates 3. Execute judgement and righteousnesse and deliver the spoiled out of the hand of the oppressour I pray you who are the oppressors I answer The murthering Judges Esa 1. 21. And Esa 3. 12. As for my people children are their oppressors and women rule over them And ver 14 15. The ancients of the people grind the faces of the poore and when they are not valiant for the truth upon the earth And Prov. 24. 11. the Lord shal render to th●se men according to their works which forbeare to help men that are drawn to death and those that be ready to be slaine if they shift the businesse and say Behold we know not doth not he that pondereth the heart consider it When therefore the Lords Prophets complaine that the people execute not judgement relieve not the oppressed help not and rescue not those that are drawn to death unjustly by the King or his murthering Judges they expresly cry out against the sin of non-resistance 2. The Prophets cannot expresly and formally cry out against the Judges for non-resisting the King when they joyne as ravening wolves with the King in these same acts of oppression even as the Judge cannot formally impannell 24● men sent out to guard the travellers from an arch robber if these men joyne with the robber and rob the travellers and become cut-throats as the arch robber is he cannot accuse them for their omission in not guarding the innocent travellers but for a more hainous crime that not onely they omitted what was their duty in that they did not rescue the oppressed out of the hands of the wicked but because they did rob and murther and so the lesser sinne is swallowed up in the greater The under-Judges are watchmen and a guard to the Church of God if the King turn a bosome robb●r their part is Ier. 22. 3. to deliver the spoiled out of the hand of the oppressour to watch against domestick and forraine enemies and to defend the flock from wolves Ezek. 23. 2 3 4. Ier. 50. 6. to let the oppressed goe free and to break every yoak Esay 58. 6. to break the jawes of the wicked and pluck the spoile out of his ●e●th Job 29. 17. Now if these Judges turne Lyons and ravening Wolves to prey upon the flock and joyne with the King as alwayes they did when the King was an oppressor his Princes made him glad with their lies and joyned with him and the people with both Ier. 1. 18. Ier. 5. 1. Ier. 9. 1. Mic. 7. 1. Ezek. 22. 24 25 26 27 28 29 30 31. Ier. 15. 1 2 3. It is no wonder if the Prophets condemne and cry out against the hugest and most bloody crime of positive oppression formally and expresly and in that their negative murthers in not releeving the oppressed must also be cryed out against 13. The