A92147:357
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.
For in positive covenants that is true, and in such contracts as are made according1 to the Civill or Municipal laws, or the secondary law of Nations: But the general covenant of nature is presupposed in making a King, where there is no vocal or written covenant, if there be no conditions betwixt a Christian King and his people, then those things which are just and right according to the law of God, and the rule of God in moulding the first King, are understood to regulate both King and People, as if they had been written: and here we produce our written covenant, Deut. 17. 15. Josh. 1. 8, 9. 2▪ Chr. 31▪ 32. 1. Because this is as much against the King as the people, and more; for if the first King cannot bring forth his written and authentic tables to prove that the Crown was given to him and his heirs, and his successors absolutely and without any conditions, so as his will shall be a law, ca lit causa, he loseth his cause (say they) The King is in possession of the Royal power absolutely, without any condition, and you must put him from his possession by a law. I answer, this is most false; 1. Though he were in mala fide, and in unjust possession, the law of Nature will warrant the people to repeal their right, and plead for it, in a matter which concerneth their heads, lives, and souls▪ 2. The Parliaments of both Kingdoms standing in possession of a nomothetic power to make laws, proveth clearly that the King is in no possession of any Royal dignity conferred absolutely and without any condition upon him: and therefore it is the Kings part by law to put the Estates out of possession. And so ⟨p. 107⟩though there were no written covenant, the standing law and practice of many hundred acts of Parliament, is equivalent to a written covenant.
For in positive covenants that is true, and in such contracts as are made according1 to the Civill or Municipall lawes, or the secondary law of Nations: But the generall covenant of nature is presupposed in making a King, where there is no vocall or written covenant, if there be no conditions betwixt a Christian King and his people, then those things which are just and right according to the law of God, and the rule of God in moulding the first King, are understood to regulate both King and People, as if they had been written: and here we produce our written covenant,