A92147:1368
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.
Quest. 18. Whether or no, the convening of the subjects without the Kings will, be unlawful?] Answ. The convention of men of it self, is an indifferent thing, and taketh its specification from its causes, and manner of convening, though some convention of the Subjects without the King, be forbidden; yet Ratio Legis est anima Legis, The reason and intent of the Law, is the soul of the Law. Convention of the Subjects in a tumultuary way, for a seditious end, to make war without warrant of Law, is forbidden; but not when Religion, Laws, Liberties, Invasion of foreign Enemies, necessitateth the Subjects to convene, though the King and ordinary Judicatures, going a corrupt way to pervert Judgement, shall refuse to consent to their conventions: Upon which ground, no convention of Tables at Edinburgh, or any other place, An. 1637. 1638. 1639. can be judged there unlawful; for if these be unlawful, because they are convention of the Leagues, without express Act of Parliament, then the convention of the Leagues to quench a house on fire, and the convention of a Country, to pursue a Wolf entered in the Land, to destroy women and children, which are warranted by the Law of nature, should be lawless, or against Acts of Parliament.
Quest. 18. Whether or no, the convening of the subjects without the Kings will, be unlawfull?] Answ. The convention of men of it self, is an indifferent thing, and taketh its specification from its causes, and manner of convening, though some convention of the Subjects without the King, be forbidden; yet Ratio Legis est anima Legis, The reason and intent of the Law, is the soul of the Law. Convention of the Subjects in a tumultuary way, for a seditious end, to make war without warrant of Law, is forbidden; but not when Religion, Laws, Liberties, Invasion of forraign Enemies, necessitateth the Subjects to conveen, though the King and ordinary Iudicatures, going a corrupt way to pervert Iudgement, shall refuse to consent to their conventions: Upon which ground, no convention of Tables at Edinburgh, or any other place, An. 1637. 1638. 1639. can be judged there unlawfull; for if these be unlawfull, because they are convention of the Leagues, without expresse Act of Parliament, then the convention of the Leagues to quench a house on fire, and the convention of a Countrey, to pursue a Wolf entered in the Land, to destroy women and children, which are warranted by the Law of nature, should be lawlesse, or against Acts of Parliament.