A92147:701
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.
This supreme Law (saith the Prelate) is not above the Law of Prerogative Royal, the highest Law, nor is Rex above Lex. The Democracy of Rome had a supremacy above Laws, to make and unmake Laws: and will they force this power on a Monarch, to the destruction of Sovereignty?
This supreame Law (saith the Prelate) is not above the Law of Prerogative Royall, the highest Law, nor is Rex above Lex. The Democracie of Rome had a supremacie above Lawes, to make and unmake Lawes: and will they force this power on a Monarch, to the destruction of Soveraigntie?
Answ. This, which is stolen from Spalato, Barclay, Grotius, and1 others, is easily answered. The supremacy of People, is a Law of natures self-preservation, above all positive Laws, and above the King; and is to regulate Sovereignty, not to destroy it. 2. If this supremacy of Majesty was in people, before they have a King, then 1. they lose it not by a voluntary choice of a King; for a King is chosen for good, and not for the peoples loss, ergo they must retain ⟨p. 227⟩this power in habit, and potency, even when they have a King. 2. Then supremacy of Majesty is not a beam of Divinity proper to a King only. 3. Then the people having Royal sovereignty virtually in them, make, and so unmake a King, all which the Prelate denieth.
Answ. This, which is stollen from Spalato, Barclay, Grotius, and1 others, is easily answered. The supremacie of People, is a Law of natures selfe-preservation, above all positive Lawes, and above the King; and is to regulate Soveraigntie, not to destroy it. 2. If this supremacie of Majestie was in people, before they have a King, then 1. they lose it not by a voluntary choise of a King; for a King is chosen for good, and not for the peoples losse, ergo they must retain ⟨p. 227⟩