A92147:760
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.
4. If these be all the differences, it is not much, the Community is the remote and last subject, the representative body the nearest subject, the Nobles a partial subject; the Judges as Judges sent by the King, are so in the game, that when an Arbitrary Prince at his pleasure setteth them up, and at command that they judge for men, and not for the Lord, and accordingly obey, they are by this power to be punished, and others put in their place.
4. If these be all the differences, it is not much, the Community is the remote and last subject, the representative body the nearest subject, the Nobles a partiall subject; the Iudges as Iudges sent by the King, are so in the game, that when an Arbitrary Prince at his pleasure setteth them up, and at command that they judge for men, and not for the Lord, and accordingly obey, they are by this power to be punished, and others put in their place.
5. A true cause of convening Parliaments the prelate maketh a Fancy at this time; it is as if the thieves and robbers should say a Justice Court were a fancy; but if the Prelate might compeare before the Parliament of Scotland (to which he is an out-law, like his father, 2 Thess: 2. 4.) such a fancy I conceive should hang him, and that deservedly.
5. A true cause of convening Parliaments the prelate maketh a Fancie at this time; it is as if the theeves and robbers should say a Iustice Court were a fancie; but if the Prelate might compeare before the Parliament of Scotland (to which he is an out-law, like his father, 2 Thess: 2. 4.) such a fancie I conceive should hang him, and that deservedly.
P. Prelate. The subject of this superintending power must be secured1