A92147:720
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.
Lex, Rex. › Question 26: QUEST. XXVI. Whether the King be above the Law or no?
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.
QUEST. XXVI. Whether the King be above the Law or no?
WE may consider the question of the Laws supremacy over1 the King, either in the supremacy of constitution of the King, 2. or of direction, or 3. of limitation, or 4. of coaction and punishing. Those who maintain this, [The King is not subject to the Law] if their meaning be [The King as King is not subject to 2the Laws direction] They say nothing; for the King as the King is a living Law; then they say [The Law is not subject to the Laws direction] a very improper speech; or, The King as King, is not subject to the coaction of the Law; that is true, for he who is a living Law, as such, cannot punish himself, as the Law saith.
VVE may consider the question of the Laws supremacie over1 the King, either in the supremacie of constitution of the King, 2. or of direction, or 3. of limitation, or 4. of coaction and punishing. Those who maintain this, [The King is not subject to the Law] if their meaning be [The King as King is not subject to 2the Laws direction] They say nothing; for the King as the King is a living Law; then they say [The Law is not subject to the Laws direction] a very improper speech; or, The King as King, is not subject to the coaction of the Law; that is true, for he who is a living Law, as such, cannot punish himself, as the Law saith.
- 1The Law above the King in four considerations.
- 2The meaning of this [The King is not subject to the Law.] The Law above the King in supremacy of constitution