A92147:453
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.
3. To this the constituent cause is of more power and dignity then1 the effect, and so the people is above the King. The P. Prelate borrowed an answer from Arnisaeus, and Barclay, and other Royalists, and saith, If we knew any thing in Law, or were ruled by reason; Every constituent (saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words) where the constituent hath resigned all his power in the hand of the Prince whom he constitutes, is of more worth, and power, then he in whose hand they resign the power: so the proposition is false. The servant who hath constituted his Master Lord of his liberty, is not worthier then his Master whom he hath made his Lord, and to whom he hath given himself as a slave; for after he hath resigned his liberty he cannot repent, he must keep covenant though to his hurt: yea such a servant is not only not above his Master, but he cannot move his foot without his Master. The Governor of Britain (saith Arnisaeus) being despised by King Philip, resigned himself as Vassal to King Edward of England, but did not for that make himself superior to King Edward: indeed he who constituteth another under him as a Legate, is superior; but the people do constitute a King above themselves, not a King under themselves, and therefore the people are not by this made the Kings superior, but his inferior.
3. To this the constituent cause is of more power and dignity then1 the effect, and so the people is above the King. The P. Prelate borrowed an answer from Arnisaeus, and Barclay, and other Royalists, and saith, If we knew any thing in Law, or were ruled by reason; Every constituent (saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words) where the constituent hath resigned all his power in the hand of the Prince whom he constitutes, is of more worth, and power, then he in whose hand they resigne the power: so the proposition is false. The servant who hath constituted his Master Lord of his liberty, is not worthier then his Master whom he hath made his Lord, and to whom he hath given himselfe as a slave; for after he hath resigned his liberty he cannot repent, he must keepe covenant though to his hurt: yea such a servant is not only not above his Master, but he cannot move his foot without his Master. The Governour of Britaine (saith Arnisaeus) being despised by King Philip, resigned himselfe as Vassall to King Edward of England, but did not for that make himselfe superiour to King Edward: indeed he who constituteth another under him as a Legat, is superiour; but the people doe constitute a King above themselves, not a King under themselves, and therefore the people are not by this made the Kings superiour, but his inferiour.