A92147:1084
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.
I Conceive Kings are conceived to have a threefold supreme power.1 1. Strictly absolute, to do what they please, their will being simply a law; this is Tyrannical, some Kings have it, de facto, ex consuetudine, but by a divine law none have it; I doubt if any have it by a human positive law, except the great Turk, and the King of Spain over his conquest without the borders of Europe, and some few other conquerors. There is another 2. power limited to Gods law, the due proper right of Kings, Deut. 17. 18. 19. 20. There is 3. a potest as intermedia, a middle power, not so vast as that which is absolute and tyrannical, which yet is some way humane: this I take Jurists call jus regium, lex regia, jura Regalia regis, Cicero2 jura Majestatis, Livius, jura imperii, and these Royal privileges are such common and high dignities, as no one particular magistrate can have, seeing they are common to all the kingdom, as that Cesar only should coin money in his own name. Hence the penny given to Christ, because it had Caesars image and superscription. Math. 22. 20, 21. Infer by way of argumentation, [Greek or Hebrew], &c. give therefore tribute to Cesar, as his due, so the Magazine and Armoury for the safety of the Kingdom is in the Kings hand, the King hath the like of ⟨p. 390⟩these privileges, because he is the common, supreme, public officer and Minister of God for the good of the whole Kingdom, and amongst these Royal privileges, I reckon that power that is given to the King, when he is made King, to do many things without warrant of the letter of the law, without the express consent of his council, which he cannot always carry about with him, as the law saith. The King shall not raise arms without consent of the Parliament, but if an army of Irish, or Danes, or Spaniards should suddenly land in Scotland, he hath power without a formally convened Parliament, to command them all to rise in arms against these invaders, and defend themselves, this power no inferior Magistrate hath as he is, but such a Magistrate. And in many such exigences, when the necessity of justice or grace requireth an extemporal exposition of Laws, Prorenat, for present necessary execution, some say only the Emperor, others all Kings have these privileges. I am of the mind of Arnisaeus, that these privileges are not rewards