A92147:741
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.
Ulpianus, l. 31. F. de regibus saith, The Prince is loosed from 1Laws, Bodine de Repub. l. 7. c. 8. Nemo imperat sibi, No man commandeth himself. Tholosanus saith, Ipsius est dare, non accipere leges. The Prince giveth Laws, but receiveth none, De Rep. l. 7. c. 20. Donellus Lib. 1. Comment. c. 17. distinguisheth betwixt a Law, and a Royal Law proper to the King. Trentlerus Volum. 1. 79. 80. saith, The Prince is freed from Laws; and that he obeyeth Laws, de honestate, non de necessitate, Upon honesty, not of necessity. Thomas P. 21. q. 96. Art. 5. and with him Soto, Gregorius de Valentia, and other School-men, subject the King to the directive power of the Law, and liberate him of the coactive power of the Law.
Ʋlpianus, l. 31. F. de regibus saith, The Prince is loosed from 1Lawes, Bodine de Repub. l. 7. c. 8. Nemo imperat sibi, No man commandeth himselfe. Tholosanus saith, Ipsius est dare, non accipere leges. The Prince giveth Lawes, but receiveth none, De Rep. l. 7. c. 20. Donellus Lib. 1. Comment. c. 17. distinguisheth betwixt a Law, and a Royall Law proper to the King. Trentlerus Volum. 1. 79. 80. saith, The Prince is freed from Laws; and that he obeyeth Laws, de honestate, non de necessitate, Ʋpon honesty, not of necessity. Thomas P. 21. q. 96. Art. 5. and with him Soto, Gregorius de Valentia, and other Schoole-men, subject the King to the directive power of the Law, and liberate him of the coactive power of the Law.
- 1Some Lawyers and Schoolmen free the King from the Law.Some Lawyers and Schoolemen free the King from the Law.
- 2Reasons to prove that the King is under the Law. That a King hath no superior but God, a false ground to liberate the the King from the coaction of Law.Reasons to prove that the King is under the Law. That a King hath no superiour but God, a false ground to liberate the the King from the coaction of Law.