A92147:1088
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.
4. By this absoluteness of Majesty, Kings may play the Tyrant as Samuel 1 Sam. 8. 9, 10, 11, 12, 13, 14. foretelleth Saul would do. But I cannot believe that Kings have the same very official absolute power, from whence they do both acts of grace, goodness and justice, such as are to expone Laws extemporally in extraordinary cases, to confer honours upon good and excellent men of grace to pardon offenders upon good grounds, and also-do acts of extreme Tyranny: For out of the same fountain doth not proceed both sweet water and bitter. Then by this absoluteness, Kings cannot do acts of goodness, justice and grace, and so they must do good as Kings, and they must do acts of tyranny, as men, not from absoluteness of majesty.
4. By this absolutnesse of Majesty, Kings may play the Tyrant as Samuel 1 Sam. 8. 9, 10, 11, 12, 13, 14. foretelleth Saul would do. But I cannot beleeve that Kngs have the same very officiall absolute power, from whence they do both acts of grace, goodnesse and justice, such as are to expone Laws extemporally in extraordinary cases, to confer honours upon good and excellent men of grace to pardon offenders upon good grounds, and also-doe acts of extreme Tyrannie: For out of the same fountaine doth not proceed both sweet water and bitter. Then by this absolutenesse, Kings cannot doe acts of goodnesse, justice and grace, and so they must doe good as Kings, and they must doe acts of tyrannie, as men, not from absolutenesse of majesty.
5. Inferior Magistrates, in whom there is no absoluteness of Majesty, according to Royalists, way, may expound laws also extemporally, and do acts of justice, without formalities of civill or municipal laws, so they keep the genuine intent of the Law, as they may pardon one that goeth up to the wall of a City, and discovereth the approach of the enemy, when the watchmen are sleeping, though the Law be, That any ascending to the wall of the City shall die. Also the inferior Judge may make Judges and Deputies under himself.