A92147:846
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.
1. Assert. It is evident from Rom. 13. That all subjection and ⟨p. 266⟩obedience to higher powers commanded there is subjection to the power and office of the Magistrate in abstracto, or (which is all one) to the person using the power lawfully, and that no subjection is due by that text, or any Word of God, to the abused and Tyrannical power of the King, which I evince from the Text, and from other Scriptures. 1. Because the Text saith, Let every soul be subject to the higher powers. But no powers commanding things unlawful, and killing the innocent people of God, can be [Greek or Hebrew] higher powers, but in that lower powers. 1. He that commandeth not what God commandeth, and punisheth and killeth where God is personally and immediately present, would neither command nor punish, is not in these acts to be subjected unto, and obeyed as a superior power, though in habit he may remain a superior power, for all habitual, all actual superiority is a formal participation of the power of the most high. 2. Arnisaeus well saith, That1 of Aristotle must be true, It is against nature, that better and worthier men should be in subjection to unworthier, and more wicked men: but in this when Magistrates command wickedness, and killeth the innocent, the non-obeyers eatenus in so far, are worthier the commanders (whatever they be in habit and in office) actually, or in these wicked acts are unworthier and inferior, and the nonobeyers are in that worthier, as being zealous adherents to Gods Command, and not to mans will. I desire not to be mistaken, if we speak of habitual excellency, godly and holy men as the Witnesses of Christ in things lawful, are to obey wicked and Infidel Kings and Emperors, but in that these wicked Kings have an excellency2 in respect of office above them; but when they command things unlawful, and kill the innocent, They do it not by virtue of any office, and so in that they are not higher powers, but lower and weak ones. Laertius doth explain Aristotle well, who defineth a Tyrant by this, That he commandeth his subjects by violence, and Arnisaeus 3condemneth Laertius for this, Because one Tyrannical action doth no more constitute a Tyrant, then one unjust action doth constitute an unjust man. But he may condemn (as he doth indeed) for this also Covarruvias pract. quest. c. 1. and Vasquez Illustr. quest. l. 1. c. 47. nu. 1. 12.