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Title:  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.
Author: Rutherford, Samuel, 1600?-1661.
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and England, have power to choose their owne Provests, Rulers, and Majors. 4. If it be warranted by God, that the lawfull Call of God to the Throne, be the election of the people, the call of inferi∣our Iudges must also be from the people, mediatly or immediatly: So I see no ground to say that, the inferiour Iudge is the Kings Vicegerent, or that he is in respect of the King, or in relation to supreme Authority, only a private man. 12. These Iudges cannot but be univocally and essentially Iudges, no lesse then the King, without which in a Kingdome Iustice is Phy∣sically unpossible: and Anarchie and violence and confusion must follow, if they be wanting in the Kingdome. But without inferiour Iudges, though there be a King, Iustice is Physically unpossible, and Anarchie and confusion must follow, &c. Now this Argument is more considerable, that without inferiour Iudges, though there be a King in a Kingdome, Iustice and safety are unpossible, and if there be inferiour Iudges, though there be no King, as in Aristocracy, and when the King is dead, and another not Crowned, or the King is Minor, or absent, or a captive in the enemies Land, yet justice is possible, and the Kingdome preserved; the Medium of the Argument is grounded upon Gods Word, Num. 11. 14, 15. when Moses is unable alone to judge the peo∣ple,Inferiour Iudges more necessary in a large Kingdom then the Kfng, and fo Aristo∣cracy in that more sutable to the naturall end of govern∣ment then Mo∣narchy. seventy Elders re-joyned with him, 16. 17. so were the Elders adjoyned to helpe him, Exo. 24. 1. Deut. 5. 23. c. 22. 16. Iosh. 23. 2. Iudg. 8. 14. Iudg. 11. 5. Iudg. 11. . 1 Sam. 11. 3. 1 King. 20. 7. 2 King. 6. 32. 2 Chro. 34. 29. Ruth 4. 4. Deut. 19. 12. Ezech. 8. 1 Lament. 1. 19. then were the Elders of Moab thought they had a King. 2. The end naturall of Iudges hath been indigence and weaknesse, because men could not in a society defend themselves from violence, therefore by the light of nature they gave their power to one, or more, and made a Iudge, or Iudges to obtaine the end of selfe preservation. But Nature useth the most efficacious meanes to obtaine its end, but in a great society and Kingdome the end is more easily attained by many Governours, then by one only; for where there is but one, he cannot minister Iustice to all, and the farther that the children are removed from their father and tutor, they are the nearer to violence and unjustice. Iustice should be at as easie a rate to the poore, as a draught of water▪ Samuel went yeare∣ly through the Land to Bethell, Gilgall, Mizpeh, 1 Sam. 7. 16. and brought Iustice to the doores of the poore. So were our Kings of 0