A92147:1113
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.
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, 1 Sam. 8. 9, 10, 11, 12, &c. As all Royalists expound the place.
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. Iuro ego, per deum, ac promitto me justè regnaturum judicium, equitatem, ac misericordiam facturum. And papir. Mass. l. 3. Chron. hath the same expresly 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 governe by the Law of the King, whereby he may play the Tyrant as Saul did, 1 Sam. 8. 9, 10, 11, 12, &c. As all Royalists expound the place.
2. It is but a poor evasion to distinguish betwixt the Kings promise1 and his oath, for the promise and covenant of any man, and so of the King doth no less bring him under a civil obligation and politic coaction, to keep his promise, then an oath, for he that becometh surety for his friend doth by no civil Law, swear he shall be good for the son, or perform in lieu and place of the friend, what he is to perform, he doth only covenant and promise, and in law and politic obligation he is taken and snared by that promise, no less then if he had sworn. Reuben offereth to be caution to bring Benjamin safe home to his old father,