A92147:587
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.
P. Prelate. It is a poor shift to acknowledge no more for the Royal Prerogative, then the Municipal Law hath determined, as some smatterers in the Law say. They cannot distinguish betwixt a Statute Declarative, and a Statute Constitutive: but the Statutes of a Kingdom do declare only, what is the Prerogative Royal, but do not constitute or make it, God Almighty ••th by himself constituted it: It is laughter to say, the Decalogue was not a Law, till God wrote it.
P. Prelate. It is a poor shift to acknowledge no more for the Royall Prerogative, then the Municipall Law hath determined, as some smatterers in the Law say. They cannot distinguish betwixt a Statute Declarative, and a Statute Constitutive: but the Statutes of a Kingdom do declare onely, what is the Prerogative Royall, but do not constitute or make it, God Almightie ••th by himself constituted it: It is laughter to say, the Decalogue was not a Law, till God wrote it.
Answ. Here a profound Lawyer calleth all smatters in the Law, who cannot say, that non ens, a Prerogative Royal, that is, a power contrary to God and mans Law, to kill and destroy the innocent, came not immediately down from Heaven: but I profess my self no Lawyer, but do maintain against the Prelate, that no Municipal Law can constitute a power to do ill; nor can any Law, either justly constitute, or declare such a fancy as a Prerogative Royal; so far is it from being like the Decalogue, that is, a Law before it be written, that this Prerogative is neither Law, before it be written, nor after Court Placebo's have written for it: for it must be eternal as the Decalogue, if it have any blood from so noble a house. 2. In what Scripture hath God Almighty spoken of a fancied Prerogative Royal?
Answ. Here a profound Lawyer calleth all smatters in the Law, who cannot say, that non ens, a Prerogative Royall, that is, a power contrary to God and mans Law, to kill and destroy the innocent, came not immediately down from Heaven: but I professe my self no Lawyer, but do maintain against the Prelate, that no Municipall Law can constitute a power to do ill; nor can any Law, either justly constitute, or declare such a fancie as a Prerogative Royall; so far is it from being like the Decalogue, that is, a Law before it be written, that this Prerogative is neither Law, before it be written, nor after Court Placebo's have written for it: for it must be eternall as the Decalogue, if it have any blood from so noble a house. 2. In what Scripture hath God Almightie spoken of a fancied Prerogative Royall?