A92147:742
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.
Assert. 7. If a King turn a Parricide, a Lyon, and a waster and destroyer of the people, as a man he is subject to the Coactive power of the Laws of the Land. If any Law should hinder that a Tyrant should not be punished by Law, it must be, because he hath not a superior but God; for Royalists build all upon this, but this ground is false: because the Estates of the Kingdom who gave him the ⟨p. 235⟩Crown, are above him, and they may take away what they gave him; as the Law of Nature and God saith, If they had known he would turn Tyrant, they would never have given him the sword: and so how much ignorance is in the contract they made with the King, as little of will is in it, and so it is not every way willing, but being conditional is supposed to be against their will. 2. They gave the power to him only for their good, and that they make the King, is clear, 2 Chron. 23. 11. 1 Sam. 10. 17, 24. Deut. 17. 14, 15, 16, 17. 2 King. 11. v. 12. 1 King. 16. 21. 2 King. 10. 5. Jud. 9. 6. 2. 2 Chron. 26. 18. fourscore valiant men of the Priests withstood Uzziah in a corporal violence, and thrust him out, and cut him off from the house of the Lord. And,
Assert. 7. If a King turne a Paricide, a Lyon, and a waster and destroyer of the people, as a man he is subject to the Coactive power of the Lawes of the Land. If any Law should hinder that a Tyrant should not be punished by Law, it must be, because he hath not a superiour but God; for Royalists build all upon this, but this ground is false: because the Estates of the Kingdome who gave him the ⟨p. 235⟩Crowne, are above him, and they may take away what they gave him; as the Law of Nature and God saith, If they had knowne he would turne Tyrant, they would never have given him the sword: and so how much ignorance is in the contract they made with the King, as little of will is in it, and so it is not every way willing, but being conditionall is supposed to be against their will. 2. They gave the power to him only for their good, and that they make the King, is cleare,