A92147:481
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.
Grotius saith, It is here as in a Category: the middle Species is in 1respect of the Superior a Species, in respect of the inferior a Genus; so inferior Magistrates in relation to these who are inferior to them, and under them, they are Magistrates or public persons, but in relation to superior Magistrates, especially the King, they are private persons, and not Magistrates.
Grotius saith, It is here as in a Categorie: the middle Spece is in 1respect of the Superiour a Spece, in respect of the inferiour a Genus; so inferiour Magistrates in relation to these who are inferiour to them, and under them, they are Magistrates or publike persons, but in relation to superiour Magistrates, especially the King, they are private persons, and not Magistrates.
- 1Grotius ibi. species intermedia, si genus respicias, •st species, si speciem infra positam, est genus: ita magistratus illi, inferiorum quidem ratione habita sunt publicae, personae, at superiors si considerentur, sunt privati.Grotius ibi. species intermedia, si genus respicias, •st species, si speciem infra positam, est genus: ita magistratus illi, inferiorum quidem ratione habita sunt publicae, personae, at supper•ores si considerentur, sunt privati.
Answ. Jehoshaphat esteemed not Judges appointed by himself private men, 2 Chron. 19. 6, 7. Ye judge not for men, but for the Lord. 2. We shall prove, that under Judges are powers ordained of God. 3. In Scotland the King can take no mans inheritance from him, because he is King: But if any man possess Lands belonging to the Crown, the King by his Advocate must stand before the Lord-Judges of the Session, and submit the matter to the Laws of the Land; and if the King for property of Goods, were not under a Law, and were not to acknowledge Judges as Judges, I see not how the subject in either Kingdoms have any propriety. 4. I judge it blasphemy to say, That a sentence of an inferior Judge must be no sentence, though never so legal, nor just, if it be contrary to the Kings will, as Grotius saith.