A92147:559
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.
The Third is not unlike unto the Second, when the King expoundeth1 the Law by Grace: and this is twofold; 1. Either when he expoundeth it of his wisdom and merciful nature, inclined to mercy and justice; yet according to the just intent, native sense and scope of the Law, considering the occasion, circumstances of the fact, and comparing both with the Law: and this dispensation of grace I grant to the King; As when the tribute is great, and the man poor,2 the King may dispense with the custom. 2. The Law saith, In a doubtful case the Prince may dispense, because it is presumed, the Law can have no sense against the principal sense and intent of the Law.
The Third is not unlike unto the Second, when the King exponeth1 the Law by Grace: and this is twofold; 1. Either when he exponeth it of his wisdome and mercifull nature, inclined to mercy and justice; yet according to the just intent, native sense and scope of the Law, considering the occasion, circumstances of the fact, and comparing both with the Law: aud this dispensation of grace I grant to the King; As when the tribute is great, and the man poor,2 the King may dispense with the custome. 2. The Law saith, In a doubtfull case the Prince may dispense, because it is presumed, the Law can have no sense against the principall sense and intent of the Law.
- 1A twofold exponing of the Law by grace.
- 2In re dubia possunt dispensare Principes, quia nullus sensus presumitur, qui vincat principalem, l. 1. Sect. initium ib.
But there is another dispensation that Royalists do plead for, and that is, a power in the King, ex mera gratia absolutae potestatis regalis; Out of mere grace of absolute Royal power, to pardon crimes, which Gods law saith, should be punished by death. Now this they call a power of Grace; but it is not a power of mere Grace.