A92147:1103
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.
Aristotle saith, Ethic. 8. c. 12. [Greek or Hebrew]. A Tyrant seeketh his own, a King the good of the Subjects, for he is no King who is not content, and excelleth in goodness. The former part of these words distinguish1 essentially the King by his office, from the Tyrant. Now every office requireth essentially a duty to be performed by him that is in office; and where there is a duty required, there is some obligation; if it be a politic duty, it is a politic obligation. Now amongst politic duties betwixt equal and equal, superior and inferior, that is not, de facto, required coaction for the performance thereof, but de jure, there is, for two neighbour Kings and two neighbour Nations, both being equal and independent, the one toward the other, the one owe a duty to the other, and if the Ammonites do • ⟨p. 399⟩wrong to David and Israel, as they are equall de facto, the one cannot punish the other, though the Ammonites do a disgrace to Davids messengers, yet de jure, David and Israel may compel them to politic duties of politic consociation; (for betwixt independent kingdoms there must be some politic government, and some politic and civil Laws, for two or three making a society, cannot dwell together without some policy) and David and Israel as by2 the Law of nature they may repel violence with violence, so if the laws of neighbour-hood and nations be broken, the one may punish the other, though there be no relation of superiority and inferiority betwixt them. 2. Where ever there is a covenant and oath betwixt equals, yea or superiors and inferiors, the one hath some coactive power over the other; if the father give his bond to pay to his son ten thousand pounds, as his patrimony to him, though before the giving of the bond the father was not obliged, but only by the Law of nature to give a patrimony to his son, yet now by a politic obligation of promise, covenant and writ he is obliged so to his son to pay ten thousand pounds, that by the Law of Nations and the civil Law, the son hath now a coactive power by Law to compel his father, though his superior, to pay him no less then ten thousand pounds of patrimony. Though therefore the King should stand simply superior to his kingdom and estates (which I shall never grant) •t if the King come under covenant with his kingdom, as I have proved at length c. 13.