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A Hind Let Loose by Alexander Shields

But that he must be a fiduciary servant


sovereign hath it over malefactors.

Yet giving, and not granting, his power were properly marital: if the case be put, that the man do habitually break the marriage-covenant, or take another wife, and turn also cruel and intolerable in compelling his own wife to wickedness; and put the case also, that she should not get a legal divorce procured, who can doubt but she can disown him, and leave him? For this case is excepted out of that command, 1 Cor. vii. 10. Let not the wife depart from her husband, meaning for mere difference in religion, or other lesser causes; but adultery doth annul the marriage relation. See Pool's Synopsis critic, in locum. So when a prince breaks the royal covenant and turns tyrant, or without any covenant commits a rape upon the common-wealth, that pretended relation may and must be disowned. Hence, we see, there is no relation can bring a king or ruler under the object of the duty of the fifth command, except it be that of a fiduciary patron, or trustee, and public servant: for we cannot own him properly either to be a father, or a master, or a husband. Therefore what can remain, but that he must be a fiduciary servant? Wherefore if he shall either treacherously break his trust, or presumptuously refuse to be entrusted, upon terms and conditions to secure and be accountable for, (before God and man) religion and liberty, we cannot own his usurped authority. That metaphor which the learned Buchanan uses, de jure regni, of a public and politic physician, is not a relation different from
this of a fiduciary servant; when he elegantly represents him as entrusted with the preservation and restoration of the health of the politic body, and endowed with skill and experience of the laws of his craft. If then he be orderly called unto this charge, and qualified for it, and discharges his duty faithfully, he deserves, and we are obliged to give him the deference of an honoured physician; but if he abuse his calling, and not observe the rules thereof, and instead of curing, go about wilfully to kill the body he is entrusted with, he is no more to be owned for a physician: but for a murderer.

9. If we enquire further into the nature of this relation between a king, (whose authority is to be owned) and his subjects; we can own it only as it is reciprocal in respect of superiority and inferiority; that is, whereby in some respects the king is superior to the people, and in some respects the people is inferior to him. The king is superior and supreme as he is called, 1 Pet. ii. 13. In respect of formal sovereignty, and executive authority, and majestic royal dignity, resulting from the peoples devolving upon him that power, and constituting him in that relation over themselves, whereby he is higher in place and power than they, and in respect of his charge and conduct is worth ten thousands of the people, 2 Sam. xviii. 3. and there is no formally regal tribunal higher than his; and though he be lesser than the whole community, yet he is greater than any one, or all the people distributively taken; and though he be a royal vassal of the kingdom, and princely servant of the people; yet he is not their deputy, because he is really their sovereign, to whom they have made over their power of governing and protecting themselves irrevocably, except in the case of tyranny; and in acts of justice, he is not accountable to any, and does not depend on the people as a deputy.

But, on the other hand, the people is superior to the king, in respect of their fountain power of sovereignty, that remains radically and virtually in them, in that they make him their royal servant, and him rather than another, and limit him to the laws for their own good and advantage, and though they give to him a politic power


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