A92147:491
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.
8. If inferior Judges be Deputies of the King, not of God, and have all their authority from the King, then may the King limit the practise of these inferior Judges. Say that an inferior Judge hath condemned to death an Parricide, and he be conveying him to the place of execution, the King cometh with a force to rescue him out of his hand, if this inferior Magistrate bear Gods sword for the terror of ill doers, and to execute Gods vengeance on murderers, he cannot but resist the King in this, which I judge to be his Office: for the inferior Judge is to take vengeance on ill doers, and to use the coactive force of the sword, by virtue of his Office, to take away this Parricide, now if he be the Deputy of the King, he is not to break the jaws of the wicked, Job 29. 17. not to take vengeance 1on evil doers, Rom. 13. 4. nor to execute judgement on the wicked, Ps. 149, 9. nor to execute judgment for the fatherlesse, De. 10. 18. except a mortal man his Creator, the King say, Amen. Now truly then God, in all Israel, was to rebuke no inferior Judge for perverting judgement, As he doth, Exod. 23. 2. 6. Mic. 3. 2, 3, 4. Zach. 3. 3. Numb. 25. 5. Deut. 1. 16. For the King only is Lord of the conscience of the inferior Judge, who is to give sentence, and execute sentence righteously upon condition, that the King the only univocal and proper Judge, first, decree the same, as Royalists teach.
8. If inferiour Iudges be Deputies of the King, not of God, and have all their authority from the King, then may the King limit the practise of these inferiour Iudges. Say that an inferiour Iudge hath condemned to death an Paricide, and he be conveying him to the place of execution, the King commeth with a force to rescue him out of his hand, if this inferiour Magistrate beare Gods sword for the terrour of ill doers, and to execute Gods vengeance on murtherers, he cannot but resist the King in this, which I judge to be his Office: for the inferiour Iudge is to take vengeance on ill doers, and to use the coactive force of the sword, by vertue of his Office, to take away this Paracide, now if he be the Deputy of the King, he is not to breake the jawes of the wicked,