A92147:1125
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. A contract, the conditions whereof are violated, by neither side, cannot be dissolved, but by the joint consent of both; and in buying and selling, and in all contracts unviolated, the sole will of neither side can violate the contract, of this speaketh the law. But I ask the Royalist, if the contract betwixt the spies sent to view Jericho and Rahab the harlot, had not been null, and the spies free from any obligation, if Rahab had neglected to keep within doors, when Jericho was taken, though Rahab and the spies had never consented expressly to break the covenant? We h•ld that the law saith with us, that vassals lose their farm, if they pay not what is due: Now what are Kings but vassals to the State, who if they turn Tyrants, fall1 from their Right?
Answ. A contract, the conditions whereof are violated, by neither side, cannot be dissolved, but by the joynt consent of both; and in buying and selling, and in all contracts unviolated, the sole wil of neither side can violate the contract, of this speaketh the law. But I ask the Royalist, if the contract betwixt the spies sent to view Iericho and Rahab the harlot, had not been null, and the spies free from any obligation, if Rahab had neglected to keep within doors, when Iericho was taken, though Rahab and the spies had never consented expresly to break the covenant? We h•ld that the law saith with us, that vassals lose their farme, if they pay not what is due: Now what are Kings but vassals to the State, who if they turne Tyrants, fall1 from their Right?
- 1Bartol. in. l. 1. n. 4. de his qui not. infam. Arnisae. cap. 6. An princeps qui jura• subditis, &c.Bartol. in. l. 1. n. 4. de his qui not. infam. Arnisae. cap. 6. An princeps qui iura• subditis, &c.