A92147:1089
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.
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.
5. Inferiour Magistrates, in whom there is no absolutenesse of Majesty, according to Royalists, way, may expound laws also extemporally, and doe acts of justice, without formalities of civill or municipall 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 enemie, when the watchmen are sleeping, though the Law be, That any ascending to the wall of the Citie shall die. Also the inferiour Judge may make Judges and Deputies under himselfe.
6. This Distinction is neither grounded upon Reason or Laws, nor on any Word of God. Not the former, as is proved before, for there is no absolute power in a King to do above, or against law; all the official power that a King hath, is a Royal power to do good, for the safety and good of his subjects, and that according to law and ⟨p. 392⟩reason, and there is no other power given to a King as a King, and for Scripture Arnisaeus, ibid. allegeth 1 Sam. 8. The manner or law of the King. ver. 9. 11. And he saith, it cannot be the custom and manner of the King, but must be the law of absolute Majesty. 1. Because it was the manner of inferior judges, as Tiberius said of his judges, to flea the people, when they were commanded to shear them only. 2. Samuel's sons who wrested judgment and perverted the law, had this manner and custom to oppress the people, as did the sons of Eli: and therefore without reason is it called the law of Kings, jus regum, if it was the law of the judges, for if all this law be Tyrannical and but an abuse