A92147:726
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.
5. They make him a King, and upon Law-grounds and just demerit, they may unmake him again; for, what men voluntarily do upon condition, the condition being removed, they may undo again.
5. They make him a King, and upon Law-grounds and just demerit, they may unmake him again; for, what men voluntarily doe upon condition, the condition being removed, they may undoe again.
2. Assert. It is denied by none; but the King is under the directive power of the Law, though many liberate the King from the coactive power of a civil Law. But I see not what direction a civil Law can give to the King, if he be above all obedience, or disobedience to a Law, seeing all Law-direction is in ordine ad obedientiam, in order to obey; except thus far, that the light that is in the civil Law, is a moral or natural guide to conduct a King in his walking; but this is the morality of the Law which enlighteneth and informeth, not any obligation that aweth the King; and so the King is under Gods and Natures Law, this is nothing to the purpose.
2. Assert. It is denyed by none; but the King is under the directive power of the Law, though many liberate the King from the coactive power of a civil Law. But I see not what direction a civil Law can give to the King, if he be above all obedience, or disobedience to a Law, seeing all Law-direction is in ordine ad obedientiam, in order to obey; except thus far, that the light that is in the civil Law, is a morall or naturall guide to conduct a King in his walking; but this is the morality of the Law which inlightneth and informeth, not any obligation that aweth the King; and so the King is under Gods and Natures Law, this is nothing to the purpose.
3. Assert. The King is under the Law, in regard of some coercive limitation: