A92147:1097
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.
there must be (saith he) necessity to make it lawful to use the plenitude of this power justly; therefore Ahab sinned, in that he unjustly possessed Naboths vineyard, though he sinned specially in this, that he came to the possession by murder, and it was peculiar to the Jews, that they could not transfer their possessions from one tribe to another. But if it be so, then this power of absoluteness is not given, by permissive Law, by which God permitted putting away of wives, for the object of a permissive Law is sin, but this plenitude of power may be justly put forth in act (saith he) if the public good may be regarded: I would know what public good can legitimate Tyranny and killing of the innocent, the intentions of men can make nothing intrinsically evil to become good. And 6. How can that be a permissive Law of God, and not his approving Law by which Kings create inferior judges? for this is done by Gods approving will. 7. It is evident that Arnisaeus his mind is, that Kings may take their subjects vineyards, and their goods, so they err not in the manner, and ⟨p. 397⟩way of the act, so be like, if there had not been a peculiar Law that Naboth should not sell his vineyard, and if the King had had any public use for it, he might have taken Naboths vineyard from him, but he specially sinned (saith he) in eo maxim culpatur, &c. that he took away the mans vineyard by murdering of him, therefore saith Arnisaeus c. 1. de potest. maj. in bona privato. 2. that by the Kings Law 1 Sam. 8. There is given to the King, a dominion over the peoples sons, daughters, fields, vineyards, olive-yards, servants and •lockes. So he citeth that that Daniel putteth all places, the Rocks of the Mountains, the birds of the heaven Dan. 2. under the Kings power. So all is the Kings in dominion, and the subjects in use only.
there must be (saith he) necessity to make it lawfull to use the plenitude of this power justly; therefore Ahab sinned, in that he unjustly possessed Naboths vineyard, though he sinned specially in this, that he came to the possession by murther, and it was peculiar to the Iewes, that they could not transfer their possessions from one tribe to another. But if it be so, then this power of absolutenesse is not given, by permissive Law, by which God permitted putting away of wives, for the object of a permissive Law is sinne, but this plenitude of power may be justly put forth in act (saith he) if the publique good may be regarded: I would know what publique good can legittimate Tyranny and killing of the innocent, the intentions of men can make nothing intrinsecally evil to become good. And 6. How can that be a permissive Law of God, and not his approveing Law by which Kings create inferiour judges? for this is done by Gods approving will. 7. It is evident that Arnisaeus his minde is, that Kings may take their subjects vineyards, and their goods, so they erre not in the manner, and