A92147:1370
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.
and this is evident by Law, because one may give most unjustly moneys to his neighbour, under the notion of loan, which yet hath nothing of the essence of loan and debt, but is mere delapidation, and cannot properly be debt by Gods Law; for the Law regulateth a man in borrowing and lending, as in other politic actions: if I, out of desire of revenge, should lend moneys to a robber, to buy powder and fuel to burn an innocent City, or to buy armour to kill innocent men, I deny that that is legally debt. I dispute not, whether A. B. borrowing money formally, that thereby he may buy a Whore, shall be obliged to repay it to C. D. under the reduplication of debt; or if the borrower be obliged to pay what the lender hath unjustly lent. I dare not pray to God, That all our Kings debts may be payed; I have scarce faith so to do.
and this is evident by Law, because one may give most unjustly moneys to his neighbour, under the notion of loan, which yet hath nothing of the essence of loan and debt, but is meer delapidation, and cannot properly be debt by Gods Law; for the Law regulateth a man in borrowing and lending, as in other politike actions: if I, out of desire of revenge, should lend moneys to a robber, to buy powder and fewel to burn an innocent Citie, or to buy armour to kill innocent men, I deny that that is legally debt. I dispute not, whether A. B. borrowing money formally, that thereby he may buy a Whore, shall be obliged to repay it to C. D. under the reduplication of debt; or if the borrower be obliged to pay what the lender hath unjustly lent. I dare not pray to God, That all our Kings debts may be payed; I have scarce faith so to do.
Quest. 20. Whether Subsidies be due to the King as King?] Answ. 1There is a twofold Subsidy; one Debitum, of deb•, another Charitativum, By way of charity: a Subsidy of debt, is rather the Kingdoms due for their necessity, then the Kings due, as a part of his rent; we read of Custom due to the King as King, and for ⟨p. 466⟩