A92147:1105
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.
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.
1 By the Law of nations, if one nation break covenant to another, •••ugh both be independent, yet hath the wronged nation a coactive power, de jure (by accident, because they are weaker, they want strength to compel, yet they have right, and jus to compel them) to force the other to keep covenant, or then to punish them, ⟨p. 400⟩because nature teacheth to repel violence by violence, so it be done without desire of revenge and malice.
1 By the Law of nations, if one nation break covenant to another, •••ugh both be independent, yet hath the wronged nation a coactive power, de jure (by accident, because they are weaker, they want stength to compell, yet they have right, and jus to compell them) to force the other to keep covenant, or then to punish them, ⟨p. 400⟩because nature teacheth to repel violence by violence, so it be done without desire of revenge and malice.
2. This is proved from the nature of a promise or covenant, for Solomon saith, Prov. 6. 1. My son, if thou be surety for thy friend, if thou hast stricken thy hand with a stranger, 2. Thou art snared with the words of thy mouth, & art taken with the words of thy mouth. But whence is it that a man free is now snared as a beast in a gin or trap? Certainly Solomon saith it is by a word and striking of hands, by a word of promise and covenant. Now the Creditor hath coactive power, though he be an equal or an inferior to the man who is surety, even by Law to force him to pay, and the Judge is obliged to give his coactive power to the Creditor, that he may force the surety to pay. Hence it is clear that a Covenant maketh a free man under the coactive power of law to an equal and to weaker, and the stronger is by the law of fraternity to help the weaker, with his coactive power, to cause the superior fulfil his covenant. If then the King (giving, and not granting, he were superior to his whole Kingdom) come under a covenant to them, to seek their good, not his own, to defend true Protestant Religion, they have power to compel him to keep his covenant, and Scotland (if the King be stronger then England, and break his covenant to them) is obliged by Gods law,