A92147:432
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.
Observe therefore the wickedness of Barclay, contra Monarch. l. 2. p. 56. for he would prove, that a power of doing ill, and that without any punishment to be inflicted by man, is from God; because our Laws punish not perjury, but leaveth it to be punished of God, l. 2. l. de Reb. cred. Cujacius, l. 2. obs. c. 19. And the husband in Moses his law, had power to give a bill of divorce to his wife, and send her away; and the husband was not to be punished. And also Stews and work-houses for harlots, and to take usury, are tolerated in many Christian Commonwealths, and yet these are all sorts of murders, by the confession of Heathen: Ergo, (saith Barclaius) God may give a power for Tyrannous acts to Kings, so as they shall be under no punishment to be inflicted by men.
Observe therefore the wickednesse of Barclay, contra Monarch. l. 2. p. 56. for he would prove, that a power of doing ill, and that without any punishment to be inflicted by man, is from God; because our Lawes punish not perjurie, but leaveth it to be punished of God, l. 2. l. de Reb. cred. Cujacius, l. 2. obs. c. 19. And the husband in Moses his law, had power to give a bill of divorce to his wife, and send her away; and the husband was not to be punished. And also Stewes and work-houses for harlots, and to take usurie, are tolerated in many Christian Commonwealths, and yet these are all sorts of murthers, by the confession of Heathen: Ergo, (saith Barclaius) God may give a power for Tyrannous acts to Kings, so as they shall be under no punishment to be inflicted by men.
Ans. All this is an argument from fact. 1. A wicked Magistracy may permit perjury and lying in the Common-wealth, and1 that without punishment; and some Christian Commonweals, he meaneth his own Synagogue of Rome, spiritual Sodom, a cage of unclean birds, suffereth Harlotry by Law, and the whores pay so many thousands yearly to the Pope, and are free of all punishment by Law, to eschew homicides, adulteries of Romish Priests, and other ⟨p. 137⟩greater sins: Therefore God hath given power to a King to play the Tyrant, without any fear of punishment to be inflicted by man. But 1. if this be a good argument, The Magistrate to whom God hath committed the sword to take vengeance on evil doers,