A92147:794
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.
Lex, Rex. › Question 26: QUEST. XXVI. Whether the King be above the Law or no?
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.
Answ. All this is beside the question, and proveth nothing less, then that Peers and Community, may not resume their power to curb an Arbitrary power: For in the first case, there is neither Arbitrary, nor lawful supreme Judge. 2. If the first prove any thing, it proveth, That it was rebellion in the inferior Judges, and Community of Israel, to fight against foreign Kings, not set over them by God; and that offensive wars against any Kings whatsoever, because they are Kings, though strangers, are unlawful. Let Socinians and Anabaptists consider, if the P. Prelate help not them in this, and may prove all wars to be unlawful. 3. He is so Malignant to all inferior Judges, as if they were not powers sent of God, and to all Governors, that are not Kings, and so upholders of Prelates, and of himself as he conceiveth, that by his arguing, he will have all deliverance by Kings only, the only lawful means in ordinary providen••: and so Aristocracy and Democracy except in Gods extraordinary providence, and by some divine dispensation must be extraordinary, and ordinarily unlawful: 2. The Acts of a State, when a King is dead, and they choose another, shall be an Anticipating of Gods providence. 3. If the King be a child, a captive, or distracted, and the Kingdom oppressed with Malignants, they are to wait, while God immediately from Heaven, create a King to them, as he did Saul long ago. But have we now Kings immediately sent as Saul was? 1. How is the spirit of Prophecy and Government infused in them, as in King Saul? Or are they by prophetical inspiration, anointed as David was: I conceive their calling to the throne on Gods part, do differ as much from the calling of Saul and David, in some respect, as the calling of ordinary Pastors, who must be gifted by industry and learning, and called by the Church, and the calling of Apostles. ⟨p. 249⟩4. God would deliver his people from Babylon, by moving the heart of Cyrus immediately, the people having no hand in it, not so much as supplicating Cyrus. Ergo, The People and Peers who made the King, cannot curb his Tyrannical power, if he make captives and slaves of them, as the Kings of Chaldea made slaves of the people of Israel. What? Because God useth another mean. Ergo, This mean is not lawful. It followeth in no sort;
Answ. All this is beside the question, and proveth nothing lesse, then that Peers and Communitie, may not resume their power to curbe an Arbitrary power: For in the first case, there is neither Arbitrary, nor lawfull supreme Iudge. 2. If the first prove any thing, it proveth, That it was rebellion in the inferiour Iudges, and Communitie of Israel, to fight against forraign Kings, not set over them by God; and that offensive wars against any Kings whatsoever, because they are Kings, though strangers, are unlawfull. Let Socinians and Anabaptists consider, if the P. Prelate help not them in this, and may prove all wars to be unlawfull. 3. He is so Malignant to all inferiour Iudges, as if they were not powers sent of God, and to all Governours, that are not Kings, and so upholders of Prelates, and of himself as he conceiveth, that by his arguing, he will have all deliverance by Kings onely, the onely lawfull means in ordinary providen: and so Aristocracy and Democracy except in Gods extraordinary providence, and by some divine dispensation must be extraordinary, and ordinarily unlawfull: 2. The Acts of a State, when a King is dead, and they choose another, shall be an Anticipating of Gods providence. 3. If the King be a childe, a captive, or distracted, and the Kingdom oppressed with Malignants, they are to waite, while God immediately from Heaven, create a King to them, as he did Saul long ago. But have we now Kings immediately sent as Saul was? 1. How is the spirit of Prophecie and Government infused in them, as in King Saul? Or are they by propheticall inspiration, anointed as David was: I conceive their calling to the throne on Gods part, do differ as much from the calling of Saul and David, in some respect, as the calling of ordinary Pastors, who must be gifted by industry and learning, and called by the Church, and the calling of Apostles.