A92147:850
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.
The Authority, and Gods ordinances can never do wrong; for it commandeth that Vice and wicked men be punished, and Virtue, with virtuous men and just. be maintained: But the corrupt Person placed in this Authority, may offend, and most commonly do contrary to this Authority: and is then the corruption of Man to be followed, by reason that it is clothed with the name of Authority? And they give instance in Pharaoh and Saul, who were lawful Kings, and yet corrupt Men. And certainly, the Man, and the Divine authority, differ as the Subject and the Accident; as that which is under a Law, and can offend God; and that which is neither capable of Law, nor sin. 13. The King, as King, is a just creature, and by office a living and breathing Law: His Will, as he is King, is nothing but a just Law: But the King, as a sinful man, is not a just creature, but one who can sin, and play the Tyrant: and his Will, as a private sinful man, is a private Will, and may be resisted. So the Law saith, The King, as King, can do no wrong: but the King, as a Man, may do a wrong. While as then the Parliaments of both Kingdoms resist the Kings private will, as a Man, and fight against his illegal Cut-throats, sent out by him, ⟨p. 270⟩to destroy his native subjects, they fight for him as a King, and obey his public Legal will, which is his Royall will, de jure, and while he is absent from his Parliaments as a man, he is Legally and in his Law-Power present, and so the Parliaments are as Legal, as if he were personally present with them.
The Authoritie, and Gods ordinances can never doe wrong; for it commandeth that Vice and wicked men be punished, and Vertue, with vertuous men and just. be maintained: But the corrupt Person placed in this Authoritie, may offend, and most commonly doe contrary to this Authoritie: and is then the corruption of Man to be followed, by reason that it is clothed with the name of Authoritie? And they give instance in Pharaoh and Saul, who were lawfall Kings, and yet corrupt Men. And certainly, the Man, and the Divine authoritie, differ as the Subject and the Accident; as that which is under a Law, and can offend God; and that which is neither capable of Law, nor sinne. 13. The King, as King, is a just creature, and by office a living and breathing Law: His Will, as he is King, is nothing but a just Law: But the King, as a sinfull man, is not a just creature, but one who can sinne, and play the Tyrant: and his Will, as a private sinfull man, is a private Will, and may be resisted. So the Law saith, The King, as King, can doe no wrong: but the King, as a Man, may doe a wrong. While as then the Parliaments of both Kingdomes resist the Kings private will, as a Man, and fight against his illegall Cut-throats, sent out by him,