A92147:464
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.
6. Barclay answereth to that, The mean is inferior to the end, it holdeth not, the Tutor and Curator is for the minor, as for the end, and given for his good; but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superior to the minor. Ans. 1. It followeth well that the Minor virtually, and in the intention of the Law is more excellent then the Tutor, though the Tutor can exercise more excellent acts then the Pupil, by accident, for defect of age in the Minor, yet he doth exercise those acts with subordination to the Minor, and with correction, because he is to render an account of his doings to the Pupil coming to age: so the Tutor is only more excellent, and superior in some respect, [Greek or Hebrew] but not simply, and so is the King in some respect above the people.
6. Barclay answereth to that, The meane is inferiour to the end, it holdeth not, the Tutor and Curator is for the minor, as for the end, and given for his good; but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superiour to the minor. Ans. 1. It followeth well that the Minor virtually, and in the intention of the Law is more excellent then the Tutor, though the Tutor can exercise more excellent acts then the Pupill, by accident, for defect of age in the Minor, yet he doth exercise those acts with subordination to the Minor, and with correction, because he is to render an account of his doings to the Pupill comming to age: so the Tutor is only more excellent, and superiour in some respect, 〈non-Latin alphabet〉 but not simply, and so is the King in some respect above the people.
The P. Prelate beggeth from the Royalists another of our Arguments,1 Quod efficit tale, est magis tale. That which maketh another such, is far more such it self; if the people give Royal Power to the King, then far more is the Royal Power in the people. By this (saith the Prelate) it shall follow if the observator give all his goods to me, to make me rich, the observator is more rich; if the people give most part of their goods to foment the Rebellion, then the people are more rich, having given all they bve upon the Public Faith. Ans. 1. This greedy Prelate was made richer then ten poor Pursuivants, by a Bishopric, it will follow well; ergo the Bishopric is richer then the Bishop, whose goods the curse of God blasteth. 2. It holdeth in efficient causes, so working in other things as the virtue of the effect remaineth in the cause, even after the production of the effect. As the Sun maketh all things light, the Fire all things hot, therefore the Sun is more light, the Fire more hot; but where the cause doth alienate and make over, in a corporal manner, that which it hath to another, as the hungry Prelate would have the Observators goods, it holdeth not; for the effect may