A92147:619
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.
Mr. Symmons saith, That Authority is rooted rather in the Prince,1 then in the Law; for as the King giveth Being to the inferior Judge, so he doth to the Law it self, making▪ it authorizable; for propter quod unum-quodque tale, id ipsum magis tale, and therefore the King is greater then the Law: others say, That the King is the Fountain of the Law, and the sole and only Law-giver.
Mr. Symmons saith, That Authoritie is rooted rather in the Prince,1 then in the Law; for as the King giveth Being to the inferiour Iudge, so he doth to the Law it self, making▪ it authorizable; for propter quod unum-quodque tale, id ipsum magis tale, and therefore the King is greater then the Law: others say, That the King is the Fountain of the Law, and the sole and onely Law-giver.
- 1Loyal subjects belief, Sect. 6. p. 19.Loyall subjects belief, Sect. 6. p. 19.
Assert. 1. The Law hath a twofold consideration, 1. Secundum 1esse paenale, in relation to the punishment to be inflicted by man▪ 2. Secundum esse legis, as it is a thing legally good in it self: In the former notion, it is this way true, Humane Laws take life and being,2 in way to be punished, or rewarded by men, from the will of Princes and Law-givers, and so Symmons saith true, Because men cannot punish or reward Laws, but where they are made; and the will of Rulers putteth a sort of stamp on a Law, that it bringeth the Commonwealth under guiltiness, if they break this Law. But this maketh not the King greater then the Law; for therefore do Rulers put the stamp of relation to punishment on the Law, because there is intrinsical worth in the Law, Prior to the Act of the will of Lawgivers, for which it meriteth to be enacted; and therefore, because