A92147:123
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.
QUEST. XX. Whether Inferior Judges be essentially the immediate Vicegerents of God, as Kings, not differing in essence and nature from Kings. Affirmatur, Proved by twelve Arguments. pag. 159. Inferior Judges the immediate Vicars of God, no l•sse then the King, ibid. The consciences of inferior Judges, immediately subordinate to God, not to the King, either mediately or immediately, p. 160. How the inferior Judge is the deputy of the King? p. 161, 162. He may put to death murderers, as having Gods sword committed to him, no less then the King, even though the King command the contrary; for he is not to execute judgement, and to relieve the oppressed, conditionally, if a mortal King give him leave; but whether the King will or no, he is to obey the King of Kings, p. 160, 161. Inferior Judges are ministri regni, non ministri regis, p. 162, 163. The King doth not make Judges as he is a man, by an act of private good will; but as he is a King, by an act of Royal Justice, and by a power that he hath from the people, who made himself supreme Judge, p. 163, 164, 165. The Kings making of inferior Judges hindereth not, but they are as essentially Judges as the King, who maketh them, not by fountain-power, but by power borrowed from the people, p. 165, 166. The Judges in Israel, and the Kings, differ not essentially, p. 167. Aristocracy as natural as Monarchy, and as warrantable, p. 168, 169. ⟨image 16⟩Inferior Judges depend some way on the King, in fieri, but not, in facto esse, p. 169, 170. The Parliament not Judges by derivation from the King, p. 170. The King cannot, make, nor unmake Judges, ibid. No heritable Judges, ibid. Inferior Judges more necessary then a King, p. 171, 172.
QUEST. XX. Whether Inferiour Judges be essentially the immediate Vicegerents of God, as Kings, not differing in essence and nature from Kings. Affirmatur, Proved by twelve Arguments. pag. 159. Inferiour Iudges the immediate Vicars of God, no l•sse then the King, ibid. The consciences of inferiour Iudges, immediately subordinate to God, not to the King, either mediately or immediately, p. 160. How the inferiour Iudge is the deputy of the King? p. 161, 162. He may put to death murtherers, as having Gods sword committed to him, no lesse then the King, even though the King command the contrary; for he is not to execute judgement, and to relieve the oppressed, conditionally, if a mortall King give him leave; but whether the King will or no, he is to obey the King of Kings, p. 160, 161. Inferiour Iudges are ministri regni, non ministri regis, p. 162, 163. The King doth not make Iudges as he is a man, by an act of private good will; but as he is a King, by an act of Royall Iustice, and by a power that he hath from the people, who made himself supreme Iudge, p. 163, 164, 165. The Kings making of inferiour Iudges hindereth not, but they are as essentially Iudges as the King, who maketh them, not by fountainpower, but by power borrowed from the people, p. 165, 166. The Iudges in Israel, and the Kings, differ not essentially, p. 167. Aristocracy as naturall as Monarchie, and as warrantable, p. 168, 169.