A92147:518
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.
Obj. The King after a more noble way representeth the people, then the Estates doth; for the Princes and Commissioners of Parliament have all their power from the people, and the peoples power is concentricated in the King.
Ans. The Estates taken collectively do represent the people both in respect of Office, and of persons, because they stand Judges for them; for many represent many, ratione numeri & officii, better then one doeth. The King doth unproperly represent the people, ⟨p. 179⟩though the power for actual execution of Laws, be more in the King, yet a legislative power is more in the Estates. Neither will it follow, that if the Estates of a Kingdom do any thing but counsel a King, they must then command him; for a legal and judicial advice hath influence in the effect to make it a Law, not on the Kings Will, to cause him give the being of a Law to that, which without his Will is no Law, for this supposeth that he is only Judge.
Ans. The Estates taken collectively doe represent the people both in respect of Office, and of persons, because they stand Iudges for them; for many represent many, ratione numeri & officii, better then one doeth. The King doth unproperly represent the people, ⟨p. 179⟩though the power for actuall execution of Lawes, be more in the King, yet a legislative power is more in the Estates. Neither will it follow, that if the Estates of a Kingdome doe any thing but counsell a King, they must then command him; for a legall and judiciall advice hath influence in the effect to make it a Law, not on the Kings Will, to cause him give the being of a Law to that, which without his Will is no Law, for this supponeth that he is only Iudge.