A92147:1112
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.
Arnisaeus maketh a second oath of absolute Kings, who swear they shall reign according to equity and justice; and he saith, There is no need of this oath, a promise is enough, for an oath increaseth not the obligation. L. fin. de non num. pec. Only it addeth the bound of Religion, for there is no use of an oath, where there is no paction of law against him that sweareth, if he violate his oath. There followeth only the punishment of Perjury. And the word of a Prince is as good as his oath, only he condescendeth to swear to please the people, out of ⟨p. 402⟩indulgence, not out of necessity. And the King doth not therefore swear because he is made King, but because he is made King he sweareth. And he is not King because he is crowned, but he is crowned because he is King. Where the Crown goeth by succession, the King never dieth; and he is King by nature before he be crowned.
Arnisaeus maketh a second oath of absolute Kings, who sweare they shall raigne according to equitie and justice; and he saith, There is no need of this oath, a promise is enough, for an oath encreaseth not the obligation. L. fin. de non num. pec. Onelie it addeth the bound of Religion, for there is no use of an oath, where there is no paction of law against him that sweareth, if he violate his oath. There followeth onelie the punishment of Perjurie. And the word of a Prince is as good as his oath, onelie he condescendeth to sweare to please the people, out of ⟨p. 402⟩indulgence, not out of necessitie. And the King doth not therefore sweare because he is made King, but because he is made King he sweareth. And he is not King because he is crowned, but he is crowned because he is King. Where the Crowne goeth by succession, the King never dieth; and he is King by nature before he be crowned.
Answ. 1. This oath is the very first oath spoken of before, included in the covenant that the King maketh with the people, 2 Sam▪ 5. 2, 3, 4. For absolute Princes, by Arnisaeus his grant, doth swear to do the duties of a King, as Bodinus maketh the oath of France, de Rep. l. 1. c. 8. Juro ego, per deum, ac promitto me justè regnaturum judicium, equitatem, ac misericordiam facturum. And papir. Mass. l. 3. Chron. hath the same expressly in the particulars. And by this a King sweareth he shall not be absolute, and if he swear this oath, he bindeth himself not to govern by the Law of the King, whereby he may play the Tyrant as Saul did,