A92147:531
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.
But that God hath given no absolute and unlimited power to a King, above the law, is evident by this:
Arg. 1. He who in his first institution, is appointed of God, by1 office, even when he sitteth on the throne, to take heed to read on a written copy of Gods law, that he may learn to fear the Lord his God, and keep all the words of this law, &c. He is not of absolute power above law. But, Deut. 17. 18, 19▪ the King, as King, while he sitteth on the Throne, is to do this; Ergo, the Assumption is clear: for this is the law of the King, as King; and not of a man, as a man. But as he sitteth on the Throne, he is to read on the book of the Law: and ver. 20. Because he is King, his heart is not to be lifted up ⟨p. 184⟩above his brethren. And as King, v. 16. he is not to multiply horses, &c. So Politicians make this argument good: They say, Rex est lex viva, animata▪ & loquens lex: The King, as King, is a living, breathing,2 and speaking Law. And there be three reasons of this: 1. If all were innocent persons, and could do no violence one to another; the Law would rule all, and all men would put the Law in execution, agendo sponte, by doing right of their own accord; and there should be no need of a King to compel men to do right. But now, because men are, by nature, averse to good laws, therefore there was need of a Ruler, who by office should reduce the Law into practice: and so is the King the Law reduced in practice. 2. The Law is ratio sive mens, the reason or mind, free from all perturbations of anger, lust, hatred, and cannot be tempted to ill; and the King, as a man, may be tempted by his own passions; and therefore as King, he cometh by office out of himself to reason and law; and so much as he hath of Law, so much of a King; and in his remotest distance from Law and Reason, he is a Tyrant. 3. Abstracta concretis sunt puriora & perfectiora. Justice is perfecter then a just man, Whiteness perfecter then the white wall: so the nearer the King comes to a Law, for the which he is a King, the nearer to a King; Propter quod unumquodque tale, id ipsum magis tale. Therefore Kings throwing laws to themselves, as men, whereas they should have conformed themselves to the Law, have erred. Cambyses the son of Cyrus, because he loved his own sister, would have the marriage of the brother with the sister, lawful. Anaxarchus said to Alexander, grieved in mind that he had killed Clytus: Regi ac Jovi Themin atque Justitiam assidere: