A92147:341
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 far more a covenant giveth ground of a civill action and claim to a people and the free estates against a King, seduced by wicked counsel to make war against the Land, whereas he did swear by the most high God, that he should be a father and protector of the Church of God. 2. All covenants and contracts between man and man, yea all solemn promises bring the covenante•s under a Law, and a claim before men, if the Oath of God be broken as the Covenant betwixt Abraham and Abimelech, Gen. 21. 27. Jonathan and David, I Sam. 18. 3. the spies profess to Rahab in the covenant that they made with him, Josh. 2. v. 20. And if thou utter this our business (say they) we will be quit of thine Oath, which thou hast made us to swear. There be no mutual contract made upon certain conditions, but if the conditions be not fulfilled, the party injured is loosed from the contract. Barclay saith, That this covenant obligeth the 1King to God, but not the King to the people. Ans. It is a vain thing to say that the people and the King make a covenant, and that David made a covenant with the Elders and Princes of Israel; for if he be obliged to God only, and not to the people by a covenant made with the people, it is not made with the people at all, nay, it is no more made with the people of Israel, nor with the Chaldeans, for it bindeth David no more to Israel, nor to Chaldea, as a covenant made with men. Arnisaeus saith, when two parties contract, if one perform the duty, the other is acquitted. Sect. Ex hujusmod ubi vult just. de duob. reis, l. 3. F. because every one of them are obliged fully. Sect. 1. Just. cod. to God, to whom the Oath is made (for that is his meaning) and if either the people perform what is sworn to the Lord, or the King, yet one of the parties remaineth still under obligation, and neither doth the peoples obedience exempt the King from punishment, ⟨p. 98⟩if he fail, nor the Kings obedience exempt the people, if they fail, but every one beareth the punishment of his own sin; and there is no mutual power in the parties to compel one another to perform the promised duty, because that belongeth to the Praetor or Magistrate, before whom the contract was made. The King hath jurisdiction over the people, if they violate their Oath, but the people hath no power over the Prince, and the ground that Arnisaeus layeth down is that, 1.