A treatise of civil policy

Name: A treatise of civil policy
Author: Samuel Rutherford

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.

Samuel Rutherford 1600?–1661London, : 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

[34], 438 p. · 210k words · Wing R2396 · ESTC R207911

Title page typeset from the transcription.

Lex, Rex. › Question 28: QUEST. XXVIII. Whether or no, Wars raised by the Subjects and Estates, for their own ju…

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.

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2. Arnisaeus saith, If the Magistrate proceed extra-judicialiter, ¹without order of Law by violence, the Laws giveth every private man power to resist, if the danger be irrecoverable; yea, though it be recoverable. L. prohibitum, C. de jur. fisc. l. quemadmodum. 39. §.² Magistratus ad l. Aquil. l. nec Magistratibus, 32. de injur. Because while the Magistrate doth against his office, he is not a Magistrate, for Law and right, not injury, should come from the Magistrate. L. meminerint. 6. C. unde vi. Yea, if the Magistrate proceed judicially, and the loss be irrecoverable. Jurists say, That a private man hath the same Law to resist, Marantius▪ dis. 1. n. 35. And in a recoverable loss, they say, every man is holden to resist, si evidenter constet de iniquitate; If the iniquity be known to all, D. D. Jason. n. 19. dec. n. 26. ad l. ut vim de just. & jur.

2. Arnisaeus saith, If the Magistrate proceed extra-judicialiter, ¹without order of Law by violence, the Laws giveth every private man power to resist, if the danger be irrecoverable; yea, though it be recoverable. L. prohibitum, C. de jur. fisc. l. quemadmodum. 39. §.² Magistratus ad l. Aquil. l. nec Magistratibus, 32. de injur. Because while the Magistrate doth against his office, he is not a Magistrate, for Law and right, not injury, should come from the Magistrate. L. meminerint. 6. C. unde vi. Yea, if the Magistrate proceed judicially, and the losse be irrecoverable. Jurists say, That a private man hath the same Law to resist, Marantius▪ dis. 1. n. 35. And in a recoverable losse, they say, every man is holden to resist, si evidenter constet de iniquitate; If the iniquity be known to all, D. D. Iason. n. 19. dec. n. 26. ad l. ut vim de just. & jur.

1De author. Princ. c. 2. n. 10.
2Royalists hold it lawful to resist an inferior Judge.

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The book

Title as printed

Author

Samuel Rutherford 1600?–1661

Place

London

Year

1656

Imprint

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]

Size

[34], 438 p.

Words

210,399

Catalogue

Wing R2396 · ESTC R207911

Text

EEBO-TCP A92147

Passages

1,374

Sections

Title page

A treatise of civil policy

QUEST. XXIX. Whether, in the case of Defensive war, the distinction of the person of the King, as a man, who can commit acts of hostile Tyranny against his Subjects: and of the Office and Royal power that he hath from God, and the People, as a King; can have place?

QUEST. XXIX. Whether, in the case of Defensive warre, the distinction of the person of the King, as a man, who can commit acts of hostile Tyrannie against his Subjects: and of the Office and Royall power that he hath from God, and the People, as a King; can have place?

Transcription key

Reformers309

Puritans1,782

Westminster Assembly24

Evangelicals36

QUEST. XXIX. Whether, in the case of Defensive war, the distinction of the person of the King, as a man, who can commit acts of hostile Tyranny against his Subjects: and of the Office and Royal power that he hath from God, and the People, as a King; can have place?

QUEST. XXIX. Whether, in the case of Defensive warre, the distinction of the person of the King, as a man, who can commit acts of hostile Tyrannie against his Subjects: and of the Office and Royall power that he hath from God, and the People, as a King; can have place?

Transcription key