A92147:466
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.
The Prelate answereth that Maxime, Quod efsicit tale, id ipsum1 est magis tale. That which maketh another such, it is it self more such. It is true, De principio formali effectivo (as I learned in the University) of such an Agent as is formally such in it self, as is the effect produced. Next, it is such as is effective and productive of it self, as when fire heateth cold water, so the quality must be formally inherent in the Agent, as Wine maketh drunk, it followeth not, Wine is more drunk, because Drunkenness is not inherent in the Wine, nor is it capable of drunkenness; and therefore Aristotle qualifieth the Maxim with this, Quod efficit tale est magis tale, modo utrique insit. And it holdeth not in Agents, who operate by donation, if the right of the King be transferred from the people to the King. The donation devesteth the people totally of it, except the King have it by way of loan, which to my thinking, never yet any spoke—Sovereignty never was, never can be in the Community; Sovereignty hath power of life and death, which none hath over himself, and the community conceived without government, all as equal, endowed with Natures and native liberty, of that community can have no power over the life of another. And so the Argument may be turned home, if the people be not tales, such by nature (as hath formally Royal power, he should say) they cannot give the King Royal Power. Also none hath power of life and death either eminenter or formally, the people either singly or collectively have not power over their own life, much less over their neighbours.
The Prelate answereth that Maxime, Quod efsicit tale, id ipsum1 est magis tale. That which maketh another such, it is it selfe more such. It is true, De principio formali effectivo (as I learned in the Ʋniversity) of such an Agent as is formally such in it selfe, as is the effect produced. Next, it is such as is effective and productive of it selfe, as when fire heateth cold water, so the quality must be formally inherent in the Agent, as Wine maketh drunke, it followeth not, Wine is more drunke, because Drunkennesse is not inherent in the Wine, nor is it capable of drunkennesse; and therefore Aristotle qualifieth the Maxime with this, Quod efficit tale est magis tale, modo utrique insit. And it holdeth not in Agents, who operate by donation, if the right of the King be transferred from the people to the King. The donation devesteth the people totally of it, except the King have it by way of loane, which to my thinking, never yet any spoke—Soveraignty never was, never can be in the Community; Soveraignty hath power of life and death, which none hath over himselfe, and the community conceived without government, all as equall, endowed with Natures and native liberty, of that community can have no power over the life of another. And so the Argument may be turned home, if the people be not tales, such by nature (as hath formally Royall power, he should say) they cannot give the King Royall Power. Also none hath power of life and death either eminenter or formally, the people either singly or collectively have not power over their owne life, much lesse over their neighbours.