A92147:623
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.
Assert. 2. Nor can it be made good, that the King only hath1 power of making Laws; because his power were then absolute, to inflict penalties on Subjects, without any consent of theirs; and that were a dominion of Masters, who command what they please, and under what pain they please. And the people consenting to be ruled by such a man, they tacitly consent to penalty of laws, because natural reason saith, An ill-doer should be punished. Florianus in l. inde. Vasquez, l. 2. c. 55. n. 3. Therefore they must have some power in making these laws.
Assert. 2. Nor can it be made good, that the King only hath1 power of making Lawes; because his power were then absolute, to inflict penalties on Subjects, without any consent of theirs; and that were a dominion of Masters, who command what they please, and under what paine they please. And the people consenting to be ruled by such a man, they tacitely consent to penaltie of laws, because naturall reason saith, An ill-doer should be punished. Florianus in l. inde. Vasquez, l. 2. c. 55. n. 3. Therefore they must have some power in making these lawes.
- 1The King hath no Nomothetic power, his alone.The King hath no Nomothetick power, his alone.
2. Jer. 26. It is clear, The Princes judge with the people: A nomothetic power differeth gradually only from a judicial power, both being collateral means to the end of Government, the peoples safety. But Parliaments judge, ergo, they have a nomothetic power with the King.
2. Jer. 26. It is cleare, The Princes judge with the people: A nomothetick power differeth gradually only from a judiciall power, both being collarerall meanes to the end of Government, the peoples safetie. But Parliaments judge, ergo, they have a nomothetick power with the King.