A92147:158
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.
Lex, Rex. › Question 2: QUEST. II. Whether or not, Government be warranted by the Law of nature.
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.
We are to distinguish betwixt a power of Government, and a1 power of Government by Magistracy. That we defend our selves from violence by violence, is a consequent of unbroken and sin-less nature; but that we defend our selves by devolving our power over in the hands of one, or more Rulers, seemeth rather positively moral, then natural, except that it is natural for the child to expect ⟨p. 3⟩help against violence, from his father: For which cause I2 judge that learned Senator fFerdinandus Vasquius said well, That Princedom, Empire, Kingdom, or Jurisdiction hath its rise from a positive and secondary law of Nations, and not from the law of pure Nature. gThe Law saith, there is no law of Nature agreeing to all living creatures for superiority; for by no reason in Nature, hath a Boar dominion over a Boar, a Lyon over a Lyon, a Dragon over a Dragon, a Bull over a Bull: And if all Men be born equally free (as I hope to prove) there is no reason in Nature, why one Man should be King and Lord over another; therefore while I be otherwise taught by the forecasten Prelate Maxwell, I conceive all jurisdiction of Man over Man, to be as it were Artificial and Positive, and that it inferreth some servitude, whereof Nature from the womb hath freed us, if you except that subjection of children to parents, and the wife to the husband; and the hLaw saith, De jure gentium secundarius est omnis principatus. 2. This also the Scripture proveth, while as the exalting of Saul or David above their Brethren to be Kings, and Captains of the Lords people, is ascribed, not to Nature, (for King and Beggar spring of one clay-metal) but to an act of Divine bounty and grace, above Nature, so Psal. 78. 70, 71. He took David from following the Ewes, and made him King and feeder of his people,