A92147:526
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.
leave the Kingdom empty to Papists, Prelates and Atheists.
leave the Kingdome empty to Papists, Prelates and Atheists.
3. All power restrained, that it cannot arise from ten degrees1 to fourteen, from the Kingly power of Saul, 1 Sam. 8. 9, 11. to the Kingly power of the Great Turk, to fourteen; 1. must either be restrained by Gods law; 2. or by Mans law; or 3. by the innate goodness and grace of the Prince; or 4. by the providence of God. A restraint from Gods law is vain: for it is no question between us and Royalists, but God hath laid a moral restraint on Kings, and all men, that they have not moral power to sin against God. 2. Is the restraint laid on by mans law? What law of man? 1. The Royalist saith, 1. The King, as King, is above all law of man. Then (say I) no law of man can hinder the Kings power of ten, to arise to the Turkish power of fourteen. 2. All law of man, as it is mans law, is seconded either with Ecclesiastical and spiritual coaction, such as Excommunication; ▪or with Civill and temporal coaction, such as is the Sword, if it be violated. But Royalists deny, that either the sword of the Church in Excommunication, or the Civill sword, should be drawn against the King. 3. This law of man should be produced by this profound Jurist, the P. Prelate, who mocketh at all the Statists and Lawyers of Scotland. It is not a covenant betwixt the King and People, at his Coronation: for though there were any such covenant, yet the breach of it doth bind before God, but not before man: nor can I see, or any man else, how a law of man can lay a restraint on the Kings power of two degrees, to cancel it within a Law, more then on a power of ten, or fourteen degrees. If the King of Spain, the lawful Sovereign of those over-European ⟨p. 182⟩people, (as Royalists say) have a power of fourteen degrees over those conquered Subjects, as a King; I see not how he hath not the like power over his own Subjects of Spain, to wit, even of Fourteen: for what agreeth to a King, as a King, (and Kingly power from God he hath as King) he hath it in relation to all Subjects, except it be taken from him in relation to some Subjects, and given by some law of God; or in relation to some other Subjects. Now, no man can produce any such law. 4. The nature of the goodness and grace of the Prince, cannot lay bonds on the King, to cancel his power, that he should not usurp the power of the King of Spain toward his over-Europeans. 1.