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Title page of A treatise of civil policy, London, 1656

A92147:1047

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.

Samuel Rutherford 1600?–1661London, : 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

[34], 438 p. · 210k words · Wing R2396 · ESTC R207911

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Lex, Rex. › Question 37: QUEST. XXXVII. Whether or no it be lawful that the Estates of Scotland help their oppr…Lex, Rex. › Question 37: QUEST. XXXVII. Whether or no it be lawfull that the Estates of Scotland help their oppr…

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.

[ Earlier:1044–1059 of 1,374

:1044p. 382

7. We are obliged by the union betwixt the Kingdoms concluded to be by the Convention of the Estates of Scotland, An. 1585. at the desire of the General Assembly, 1583. to join forces together at home, and enter in League with Protestant Princes, and Estates abroad, to maintain the Protestant Religion, against the bloody confederacy of Trent; and accordingly this League between the two Crowns was subscribed at Berwick, An. 1586. and the same renewed, An. 1587, 1588. as also the confession of Faith subscribed, when the Spanish Armada was on our coasts.

7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland, An. 1585. at the desire of the Generall Assembly, 1583. to joyne forces together at home, and enter in League with Protestant Princes, and Estates abroad, to maintaine the Protestant Religion, against the bloody confederacy of Trent; and accordingly this League betweene the two Crownes was subscribed at Berwick, An. 1586. and the same renewed, An. 1587, 1588. as also the confession of Faith subscribed, when the Spanish Armado was on our coasts.

:1045p. 382

8. The Law of God, commanding that we love our neighbour as our self, and therefore to defend one another against unjust violence. l. ut vim. ff. de just. & jur. obligeth us to the same, except we think God can be pleased with lip-love in word only, which the Spirit of God condemneth, 1 Joh. 2. 9, 10. cap. 3. 16. and the sum of Law and Prophets, is that as we would nor men should refuse to help us, when we are unjustly oppressed, so neither would we so serve our afflicted brethren. l. in facto ff. de cond. & demonstr. § Siuxor. Justit. de nupt.

8. The Law of God, commanding that we love our neighbour as our selfe, and therefore to defend one another against unjust violence. l. ut vim. ff. de just. & jur. obligeth us to the same, except we thinke God can be pleased with lippe-love in word onely, which the Spirit of God condemneth,

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Title as printed: 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.
Author: Samuel Rutherford 1600?–1661
Place: London
Year: 1656
Imprint: 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]
Size: [34], 438 p.
Words: 210,399
Catalogue: Wing R2396 · ESTC R207911
Text: EEBO-TCP A92147

Passages: 1,374
Sections: 50

The author

Samuel Rutherford 1600?–1661

PuritansScotland

Scottish theologian and commissioner to the Westminster Assembly.

:1046p. 382

9. Every man is a keeper of his brothers life, there is a voluntary homicide, when a man refuseth food or physic necessary for his own life, and refuseth food to his dying brother; and men are not borne for themselves. And when the King defendeth not subjects against their enemies, all fellow-subjects, by the law of Nature, of Nations, the Civill, and cannon Law, have a natural privilege to defend one another, and are mutual Magistrates to one another, when there be no other Magistrates. If an Army of Turks or Pagans would come upon Britain, if the King were dead, as he is civilly dead in this juncture of time, when he refuseth to help his subjects, one part of Britain would help another: As Jehoshaphat King of Judah did right in helping Ahab and Israel, so the Lord had approved of the war. If the left hand be wounded, and the left eye put out, nature teacheth that the whole burden of natural acts is devolved on the other hand and eye, and; so are they obliged to help one another.

9. Every man is a keeper of his brothers life, there is a voluntary homicide, when a man refuseth food or physick necessary for his owne life, and refuseth food to his dying brother; and men are not borne for themselves. And when the King defendeth not subjects against their enemies, all fellow-subjects, by the law of Nature, of Nations, the Civill, and cannon Law, have a naturall priviledge to defend one another, and are mutuall Magistrates to one another, when there be no other Magistrates. If an Army of Turks or Pagans would come upon Britaine, if the King were dead, as he is civilly dead in this juncture of time, when he refuseth to helpe his subjects, one part of Britaine would help another: As Iehoshaphat King of Iudah did right in helping Ahab and Israel, so the Lord had approved of the warre. If the left hand be wounded, and the left eye put out, nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye, and; so are they obliged to helpe one another.

:1052p. 383–384

Answ. Hell and the Devil cannot say, that a thought was in any heart, against the Kings person: He slept in Scotland safe, and at Westminster in his own Palace, when the Estates of both Kingdoms, would not so much as take the water-pot from his bed-side, and his Spear; and Satan instilled this traitorous lye, first in Prelates, then in Papists. 2. The King professeth his maintenance of the true Protestant Religion, in his Declarations, since he took Arms; but if Saul had put Arms in the hands of Baals Priests, and in an Army of Sidonians, Philistines, Ammonites, professing their quarrel against Israel was not to defend the King, but their Dagon and false gods; clear it were, Sauls Army should not stand in relation of helpers of the Kings, but of advancers of their own Religion. Now Irish Papists and English in Arms, press the King to cancel all Laws against Popery, and make Laws for the ⟨p. 384⟩free liberty of Mass, and the full power of Papists, then the King must use Papists as Papists in these wars.

Answ. Hell and the Devill cannot say, that a thought was in any heart, against the Kings person: He sleeped in Scotland safe, and at Westminster in his owne Palace, when the Estates of both Kingdomes, would not so much as take the water-pot from his bed-side, and his Speare; and Satan instilled this traiterous lye, first in Prelates, then in Papists. 2. The King professeth his maintenance of the true Protestant Religion, in his Declarations, since he tooke Armes; but if Saul had put Armes in the hands of Baals Priests, and in an Armie of Sidonians, Philistims, Ammonites, professing their quarrell against Israel was not to defend the King, but their Dagon and false gods; cleere it were, Sauls Armie should not stand in relation of helpers of the Kings, but of advancers of their owne Religion. Now Irish Papists and English in Armes, presse the King to cancell all Lawes against Popery, and make Laws for the ⟨p. 384⟩free liberty of Masse, and the full power of Papists, then the King must use Papists as Papists in these warres.

:1055p. 384–385

But observe I pray you, 1. That M. Symmons, and this poor Prelate, ¹do so extol Monarchy, that there is not a government save Monarchy only, all other governments are deviations; and therefore M. Symmons saith, pag. 8. If I should affect another government then Monarchy, I should neither fear God, nor the King, but associate my self with the seditious: and so the question of Monarchy is, 1. Which is the choicest government in it self; or, which is the choicest government in policy, and in the condition of man fallen in the state of sin. 2. Which is the best government, that is, the most profitable, or the² most pleasant, or the most honest? For we know that there be these three kinds of good things; things useful and profitable, bona, utilia; things pleasant, jucunda; things honest, honesta; and the question may be of every one of the three. 3. The question may be, which of these governments be most agreeable to nature? that is, either to nature in it self, as it agreeth. communiter, to all natures of elements, birds, beasts, Angels, Men, to lead them, as a governor doth, to their last end, or which government is most agreeable to men, to sinful men, to sinful men of this, or this Nation; for some Nations are more ambitious, some more factious; some are better ruled by one, some better ruled by many, some by most and by the people. 4. The question may be in regard of the facility or difficulty of loving, fearing, obeying and serving; and so it may be thought easier to love, fear and obey one Monarch then many Rulers, in respect that our Lord saith, it is difficult to serve two Masters, and possibly more difficult to serve twenty or an hundred. 5. The question may be in regard of the power of commanding, or ⟨p. 385⟩of the justice and equity of commanding; hence from this last I shall set down the first Thesis.

But observe I pray you, 1. That M. Symmons, and this poore Prelate, ¹do so extoll Monarchy, that there is not a government save Monarchy onely, all other governments are deviations; and therefore M. Symmons saith, pag. 8. If I should affect another government then Monarchy, I should neither feare God, nor the King, but associate my selfe with the seditious: and so the question of Monarchy is, 1. Which is the choisest government in it selfe; or, which is the choisest government in policie, and in the condition of man falne in the state of sinne. 2. Which is the best government, that is, the most profitable, or the² most pleasant, or the most honest? For wee know that there bee these three kinds of good things; things usefull and profitable, bona, utilia; things pleasant, jucunda; things honest, honesta; and the question may be of every one of the three. 3. The question may be, which of these governments be most agreeable to nature? that is, either to nature in it selfe, as it agreeth. communiter, to all natures of elements, birds, beasts, A•gels, Men, to lead them, as a governour doth, to their last end, or which government is most agreeable to men, to sinfull men, to sinfull men of this, or this Nation; for some Nations are more ambitious, some more factious; some are better ruled by one, some better ruled by many, some by most and by the people. 4. The question may be in regard of the facility or difficulty of loving, fearing, obeying and serving; and so it may be thought easier to love, feare and obey one Monarch then many Rulers, in respect that our Lord saith, it is difficult to serve two Masters, and possibly more difficult to serve twenty or an hundred. 5. The question may be in regard of the power of commanding, or ⟨p. 385⟩of the justice and equity of commanding; hence from this last I shall set downe the first Thesis.

1Loyal subjects belief. sect. 4. pag. 7. Sacr. sanct. Reg. maj. c. 2. pag. 26. 27.Loyall subjects beliefe. sect. 4. pag. 7. Sacr. sanct. Reg. maj. c. 2. pag. 26. 27.
2The question concerning the excellency of Monarchy above other forms, various according to divers considerations.The question concerning the excellency of Monarchy above other formes, various according to divers considerations.

:1056p. 385

Assert. 1. An absolute and unlimited Monarchy is not only not¹ the best form of Government, but it is the worst, and this is against our Petty Prelate, and all Royalists. My reasons be these, 1. Because it is an unlawful Ordinance, and God never ordained it; and I cannot ascribe the superlative degree to any thing, of which I deny the positive: Absolute government in a sinful and peccable man is a wicked government, and not a power from God, for God never gave a power to sin. Plenitudo potestatis ad malum & injuriam non extenditur. Sozenus Junior cons. 65. in causa occurrenti, l. 2. Ferdinand. Loazes in suo cons. pro March. de Velez. pag. 54. n. 65. And so that learned Senator Ferdin. Vasquez. pag. 1. lib. 1. cap. 5. n. 17. 2. It was better for the State that Epaminondas could not² sleep, then that he could sleep, when the people was dancing, because, said he, I wake that you may have leave to sleep and be secure; for he was upon deep cogitations, how to do good to the Common-wealth, when the people were upon their pleasures. Because all Kings since the fall of the Father-King Adam, are inclined to sin and injustice, and so had need to be guided by a Law, even because they are Kings, so they remain men. Omnipotency in one that can sin, is a cursed power. With reason all our Divines say, the state of saving grace in the second Adam, where there is non posse deficere, they cannot fall away from God, is better then the³ state of the first Adam, where there was posse non deficere, a power not to fall away; and that our free-will is better in our country in Heaven, where we cannot sin, then in the way to our country on earth, where we have a power to sin, and so Gods people is in a better case, Hos. 2. 6, 7. Where her power to overtake her lovers is closed up with an hedge of thorns that she cannot find her paths; then the condition of Ephraim, of whom God saith, Hos. 4. 17. Ephraim is joined to Idols, let him alone. So cannot that be a good government when the supreme power is in a sinful man, as inclinable to injustice by nature as any man, and more inclinable to injustice by the condition of his place then any: and yet by office he is one that can do no injustice against his subjects; he is a King, and so may destroy Uriah, kill his subjects, but cannot sin; and this is to flattering Royalists the best government in the world.

Assert. 1. An absolute and unlimited Monarchy is not onely not¹ the best forme of Government, but it is the worst, and this is against our Petty Prelat, and all Royalists. My reasons be these, 1. Because it is an unlawfull Ordinance, and God never ordained it; and I cannot ascribe the superlative degree to any thing, of which I deny the positive: Absolute government in a sinfull and peccable man is a wicked government, and not a power from God, for God never gave a power to sin. Plenitudo potestatis ad malum & injuriam non extenditur. Sozenus Iunior cons. 65. in causa occurrenti, l. 2. Ferdinand. Loazes in suo cons. pro March. de Velez. pag. 54. n. 65. And so that learned Senator Ferdin. Vasquez. pag. 1. lib. 1. cap. 5. n. 17. 2. It was better for the State that Epiminondas could not² sleepe, then that he could sleepe, when the people was dancing, because, said he, I wake that you may have leave to sleepe and be secure; for he was upon deepe cogitations, how to doe good to the Common-wealth, when the people were upon their pleasures. Because all Kings since the fall of the Father-King Adam, are inclined to sin and injustice, and so had need to be guided by a Law, even because they are Kings, so they remaine men. Omnipotency in one that can sin, is a cursed power. With reason all our Divines say, the state of saving grace in the second Adam, where there is non posse deficere, they cannot fall away from God, is better then the³ state of the first Adam, where there was posse non deficere, a power not to fall away; and that our free-will is better in our countrey in Heaven, where we cannot sin, then in the way to our countrey on earth, where we have a power to sin, and so Gods people is in a better case, Hos. 2. 6, 7. Where her power to overtake her lovers is closed up with an hedge of thornes that she cannot finde her paths; then the condition of Ephraim, of whom God saith, Hos. 4. 17. Ephraim is joyned to Idols, let him alone. So cannot that be a good government when the supreme power is in a sinfull man, as inclinable to injustice by nature as any man, and more inclinable to injustice by the condition of his place then any: and yet by office he is one that can doe no injustice against his subjects; he is a King, and so may destroy Vriah, kill his subjects, but cannot sinne; and this is to flattering Royalists the best government in the world.

1An absolute Monarchy the baddest of governments
2Epiminondas his watchfulness.Epiminondas his watchfulnesse.
3A power to sin worse then a power of nonsinning.

:1057p. 385–386

As if an unchained Lion were the best governor, because unchained, to all ⟨p. 386⟩the beasts, sheep and lambs and all others, which with his teeth and paws he may reach, and that by virtue of an ordinance of God. 3. What is on man under no restraint, but made a God on earth, and so drunk with the grander of a sinning-God, here under the Moon and Clouds? who may hear good counsel, from men of his own choosing, yet is under no restraint of Law to follow it, being the supreme power absolute, high, mighty, and an impeccable god on earth: Certainly this man may more easily err, and break out in violent acts of injustice, then a number of Rulers, grave, wise, under a Law. One being a sinful man, shall sooner sin and turn a Nero (when he may go to hell, and lead thousands to hell with him gratis) then a multitude of sinful men, who have less power to do against Law: and a tyrannous killing of innocents, and a subversion of Laws, Liberties and Religion, by one who may by office, and without resistance of mortal men, do all ill, is more dangerous and hurtful, then division and fraction incident to Aristocracy. 4. Caesar is great, but Law and reason is greater: by an absolute Monarchy all things are ruled by will and pleasure above Law; then this government cannot be so good, as Law and Reason in a government by the best, or by many. 5. Under absolute Monarchy a free people is, actu primo, and in themselves enslaved, because though the Monarch so absolute should kill all, he cannot be controlled; there is no more but flight, prayers and tears remaining, and what greater power hath a Tyrant? none at all, so may we say. An absolute Monarch is, actu primo, a sleeping Lion, and a Tyrant is a waking and a devouring Lion, and they differ in accidents only. 6. This is the Papists way, Bellarmine de Pontif. l. 1. c. 1. and Sanderus de visibili Monarchia, l. 3. c. 3. Turrere in sum. de Eccles. l. 2. c. 2. prove that the government of the Church is by an absolute Monarch and Pope, because that is the best government, which yet is in question. So Royalists prove Common-wealths must be best governed by absolute Monarchs, because that is the best government, but the Law saith, it is contrary to nature, even though people should paction to make a King absolute: Conventio procuratoria ad dilapidandum & dissipandum jury naturali contraria nulla est, l. filius 15.

As if an unchained Lion were the best governour, because unchained, to all ⟨p. 386⟩the beasts, sheepe and lambs and all others, which with his teeth and pawes he may reach, and that by vertue of an ordinance of God. 3. What is on man under no restraint, but made a God on earth, and so drunk with the graunder of a sinning-God, here under the Moone and Clouds? who may heare good counsell, from men of his owne choosing, yet is under no restraint of Law to follow it, being the supreme power absolute, high, mighty, and an impeccable god on earth: Certainly this man may more easily erre, and break out in violent acts of injustice, then a number of Rulers, grave, wise, under a Law. One being a sinfull man, shall sooner sin and turne a Nero (when he may goe to hell, and leade thousands to hell with him gratis) then a multitude of sinfull men, who have lesse power to doe against Law: and a tyrannous killing of innocents, and a subversion of Lawes, Liberties and Religion, by one who may by office, and without resistance of mortall men, doe all ill, is more dangerous and hurtfull, then division and fraction incident to Aristocracy. 4. Caesar is great, but Law and reason is greater: by an absolute Monarchy all things are ruled by will and pleasure above Law; then this government cannot be so good, as Law and Reason in a government by the best, or by many. 5. Under absolute Monarchy a free people is, actu primo, and in themselves inslaved, because though the Monarch so absolute should kill all, hee cannot be controlled; there is no more but flight, prayers and teares remaining, and what greater power hath a Tyrant? none at all, so may we say. An absolute Monarch is, actu primo, a sleeping Lion, and a Tyrant is a waking and a devouring Lion, and they differ in accidents onely. 6. This is the Papists way, Bellarmine de Pontif. l. 1. c. 1. and Sanderus de visibili Monarchia, l. 3. c. 3. Turrere in sum. de Eccles. l. 2. c. 2. prove that the government of the Church is by an absolute Monarch and Pope, because that is the best government, which yet is in question. So Royalists prove Common-wealths must be best governed by absolute Monarchs, because that is the best government, but the Law saith, it is contrary to nature, even though people should paction to make a King absolute: Conventio procuratoria ad dilapidandum & dissipandum juri naturali contraria nulla est, l. filius 15.

:1059p. 386–387

Assert. 2. Monarchy in its latitude as heaven and earth and all the host therein are Citizens, is the best government absolutely, ⟨p. 387⟩because Gods immediate government must be best, but that other governments are good or best so far as they come near to this, must prove that there is a Monarchy in Angels, if there be a government, and a Monarchy amongst Fishes, Beasts, Birds, &c. and that, if Adam had never sinned there should be one Monarchy amongst all mankind. I profess I have no eye to see what Government could be in that State, but paternal, or marital; and by this reason there should be one Catholic Emperor over all the Kings of the earth; A position holden by some Papists, and Interpreters of the cannon Law, which maketh all the Princes of the earth to be usurpers, except these who acknowledge a Catholic dominion of the whole earth in the Emperor, to whom they submit themselves as Vassals. If Kings were Gods and could not sin, and just as Solomon in the beginning of his reign, and as David, I could say Monarchy so limited must be better then Aristocracy, or Democracy. 1. Because it is farthest from injustice, nearest to peace and godliness; m. l. 3. §. aparet. ff. de administrat. tutor. l. 2. §. novissime. ff. de Orig. jur. Aristot. pol. l. 8. c. 10. Bodin. de Rep. l. 6. c. 4. 2. Because God ordained this government in his people. 3. By experience it is known to be less obnoxious to change, except that some think the Venetian Common-wealth best; but with reverence, I see small difference between a King, and the Duke of Venice.

Assert. 2. Monarchy in its latitude as heaven and earth and all the hoast therein are Citizens, is the best government absolutely, ⟨p. 387⟩because Gods immediate government must be best, but that other governments are good or best so farre as they come neere to this, must prove that there is a Monarchy in Angels, if there be a government, and a Monarchy amongst Fishes, Beasts, Birds, &c. and that, if Adam had never sinned there should be one Monarchy amongst all mankinde. I professe I have no eye to see what Government could be in that State, but paternall, or maritall; and by this reason there should be one Catholique Emperour over all the Kings of the earth; A position holden by some Papists, and Interpreters of the cannon Law, which maketh all the Princes of the earth to be usurpers, except these who acknowledge a Catholique dominion of the whole earth in the Emperour, to whom they submit themselves as Vassals. If Kings were Gods and could not sin, and just as Solomon in the beginning of his reigne, and as David, I could say Monarchy so limited must be better then Aristocracy, or Democracy. 1. Because it is farthest from injustice, neerest to peace and godlinesse; m. l. 3. §. aparet. ff. de administrat. tutor. l. 2. §. novissime. ff. de Orig. jur. Aristot. pol. l. 8. c. 10. Bodin. de Rep. l. 6. c. 4. 2. Because God ordained this government in his people. 3. By experience it is knowne to be lesse obnoxious to change, except that some think the Venetian Common-wealth best; but with reverence, I see small difference betweene a King, and the Duke of Venice.