A92147:462
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.
5. If the people (saith the Prelate, begging the answer from Barclay) the constituent be more excellent then the effect, and so the people above the King, because they constitute him King. Then the Counties and Corporations may make void all the Commissions given to the Knights and Burgesses of the House of Commons, and send others in their place, and repeal their Orders, therefore Buchanan saith, that Orders and Laws in Parliament were but [Greek or Hebrew] preparatory consultationis, and had not the force of a Law, till the people give their consent, and have their influence authoritative, upon the ⟨p. 152⟩Statutes and Acts of Parliament. But the observator holdeth that the legislative power is whole and entire in the Parliament. But when the Scots were preferring Petitions and Declarations, they put all power in the collective body, and kept their distinct tables. Ans. There is no consequence here, the Counties and Incorporations that send Commissioners to Parliament, may make void their Commissions and annul their Acts, because they constitute them Commissioners; if they be unjust acts, they may disobey them, and so disannul them, but it is presumed God hath given no moral power to do ill, nor can the Counties and Corporations give any such power to evil, for they have not any such from God, if they be just acts,1 they are to obey them, and cannot retract Commissions to make just Orders. Illud tantum possumus quod jure possumus, and therefore as power to govern justly is irrevocably committed by the three estates who made the King, to the King, so is that same power committed by the Shires and Corporations to their Commissioners, to decree in Parliament, what is just and good irrevocably▪ and to take any just power from the King which is his due, is a great sin; but when he abuseth his power to the destruction of his subjects, it is lawful to throw a sword out of a mad-mans hand, though it be his own proper sword, and though he have due right to it, and a just power to use it for good, for all fiduciary power abused may be repealed;
5. If the people (saith the Prelate, begging the answer from Barclay) the constituent be more excellent then the effect, and so the people above the King, because they constitute him King. Then the Counties and Corporations may make voyd all the Commissions given to the Knights and Burgesses of the House of Commons, and send others in their place, and repeal their Orders, therefore Buchanan saith, that Orders and Lawes in Parliament were but preparatorie consultationis, and had not the force of a Law, till the people give their consent, and have their influence authoritative, upon the