A treatise of civil policy

6. A Supreme Judge, is a supreme father of all his children, and all their causes; and to be a supreme Father, cannot be contrary to a supreme Judge: but contrary it must be, if this supremacy make over to the Prince, a power of devouring as a Lyon, and that by a regal privilege, and by office, whereas he should be a father to save; or if a Judge kill an ill-doer, though that be an act destructive to one man, yet is it an act of a father to the Commonwealth. An act of supreme and absolute Royalty is often an act of destruction to one particular man, and to the whole Commonwealth. For example, when the King out of his Absolute Prerogative, pardoneth a murderer, and he killeth another innocent man, and out of the same ground, the King pardoneth him again, and so till he kill twenty (for by what reason the Prerogative giveth one pardon, he may give twenty, there is a like reason above Law for all.) This act of Absolute Royalty, is such an act of murder, as if ⟨p. 437⟩a shepherd would keep a Woolf in the fold with the sheep, he were guilty of the loss of these sheep. Now an act of destroying, cannot be an act of judging, far less of a supreme Judge, but of a supreme Murderer; 7. Whereas he is called Absolute Prince, and Supreme Judge, in all Causes, Ecclesiastical and Civill. It is to be considered, 1. That the Estates profess in these acts, not to give any¹ new Prerogative, but only to continue the old power, and that only with that amplitude, and freedom, which the King and his Predecessors did enjoy and exercise of before: the extent whereof, is best known from the Acts of Parliament, Histories of the time, and the Oaths of the Kings of Scotland. 2. That he is called Absolute Prince, not in any relation of freedom, from Law, or Prerogative above Law; whereunto as unto the norma, regula, ac mensura potestatis suae, ac subjectionis meae, He is tied by the Fundamental Law, and his own Oath, but in opposition to all foreign Jurisdiction or principality above him, as is evident, by the Oath of Supremacy set down, for acknowledging of his power in the first Act of Parliament 21. K. Jam. 6. 3. They are but the same expressions, giving only the same power before acknowledged in the 129. Act. Parl. 8. K. Jam. 6. And that only over Persons or Estates, considered Separatim, and over Causes;

6. A Supreme Iudge, is a supreme father of all his children, and all their causes; and to be a supreme Father, cannot be contrary to a supreme Iudge: but contrary it must be, if this supremacy make over to the Prince, a power of devouring as a Lyon, and that by a regall priviledge, and by office, whereas he should be a father to save; or if a Iudge kill an ill-doer, though that be an act destructive to one man, yet is it an act of a father to the Commonwealth. An act of supreme and absolute Royaltie is often an act of destruction to one particular man, and to the whole Commonwealth. For example, when the King out of his Absolute Prerogative, pardoneth a murtherer, and he killeth another innocent man, and out of the same ground, the King pardoneth him again, and so till he kill twenty (for by what reason the Prerogative giveth one pardon, he may give twenty, there is a like reason above Law for all.) This act of Absolute Royaltie, is such an act of murther, as if