A92147:626
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.
4. If the Kingly line be interrupted, if the King be a Child, or a Captive, they make Laws, who make Kings; Ergo, this nomothetic power recurreth into the States, as to the first subject.
4. If the Kingly line be interrupted, if the King be a Childe, or a Captive, they make Lawes, who make Kings; Ergo, this nomothetick power recurreth into the States, as to the first subject.
Obj. The King is the fountain of the law, and Subjects cannot1 make Laws to themselves, more then they can punish themselves. He is only the Supreme.
Obj. The King is the fountaine of the law, and Subjects cannot1 make Lawes to themselves, more then they can punish themselves. He is only the Supreme.
- 1Symmons, Loyal Subject, Sect. 5. pag. 8.Symmons, Loyall Subject, Sect. 5. pag. 8.
Answ. The People being the fountain of the King, must rather be the fountain of Laws. 2. It is false, that no man maketh laws to himself. Those who teach others, teach themselves also, 1 Tim. 2. 12. 1 Cor. 14. 34. though Teaching be an act of authority. But they agree to the penalty of the Law secondarily only; and so doth the King, who, as a father, doth not will evil of punishment to his children, but by a consequent will. 3. The King is the only Supreme, in the power ministerial of executing laws: but this is a derived power, so as no one man is above him; but in the fountain-power of Royalty, the States are above him.