A92147:482
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.
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.
Answ. Jehoshaphat esteemed not Iudges appointed by himself private men, 2 Chron. 19. 6, 7. Yee judge not for men, but for the Lord. 2. We shall prove, that under Iudges 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 possesse Lands belonging to the Crown, the King by his Advocate must stand before the Lord-Iudges of the Session, and submit the matter to the Laws of the Land; and if the King for propertie of Goods, were not under a Law, and were not to acknowledge Iudges as Iudges, I see not how the subject in either Kingdoms have any proprietie. 4. I judge it blasphemie to say, That a sentence of an inferiour Iudge must be no sentence, though never so legall, nor just, if it be contrary to the Kings will, as Grotius saith.
He citeth that of Augustine: If the Consul command one thing,1 and the Emperor another thing, you contemn not the power, but you choose to obey the highest: Peter saith, He will have us one way to be subject to the King, as to the supreme, sine ulla exception, without any exception, but to these who are sent by the King, as having their power from the King.