206 Mr. Baxter's opinion of Chriß's'Suretyshipe examined. C H A p. 14. as the payment & Satisfacion of the Principal Debtors. His Novices, that look into Calo. Lex. lurid. for Fidejuffor & Sponfor will finde nothing con' trary to this ; Yea they will finde that fdejuffòr dicitur, ejui pro alio fidern. (team obligat , e fide fua , id eß , periculo fuo effe jubet , quad aliur debet; & that , ffdejuffbr proprie dicitur debitor ; & that even fidejufjorcon_litionalisno- mine debitorir continetur ; & frdeju fforem proprie eye debitorem fare omnes tradunt, quia jura eum plerumque appellant debitorem. The fame is to be feen in Spigelitts. As for that, which Mr Baxter addeth , that fide juflor non elf con - veniendur, nifi prius principali debitore Convento it neither altereth theca - fe , nor was it univerfally fo , but only in fotne certaine cafes , as he mili have read in the faire place. So that it full holdeth true , that the Spon'[òr & the Debitor are one perfon in Law; & that fo , that if the De- bi for pay , the Sponfor is free; & if the Sponfor pay the Debitoris free. See infitt. lib, 3. Tit. 30. quibus modis tolliturobl D'atio & 1. 13. . f fide juf for; D. de Acceptil. Where it is Paid , that the debitor is liberat, if the Sponfor give only that which is called , folutio imaginatia. There mull be ( faith he ) fame what more than the bare 'f'-/^/:»-, once utèdof Chrifi , as Mediator of Gods Covenant; or the name of a Surety as now ufeda- rnong men , that mute go to prove , that the Mediator d the feveral ftnnerrare the Jame legal Perfenr in Godr account. Ant: What he meaneth by God's co- venant , he would, do well to explaine. That the name ;'y'vp- is ufed of (Thrift , as Mediator , if he take this as reduplicatively , he fhould prove. When he faith , the Mediator ¿s the feveral f nners are the fame Legal Per- font, it is ambiguoufly uttered & no clear Declaration of our minde. But as to the thing , we would faine know a reafon , why we may not ta- ke this word , in its common acceptation among men , icing there is no- thing in Scripture to the contrary ? yea , though this greek word be but here only found; yet, as we faw, we have an hebrew word of the fame Import , feveral times ufed in the old Tefi; & the whole master, thatwe Peek after , clearly held forth thereby , if the places be but lookt in- to To put a clofe to this , we would call to mind that five fold Law -iden- tity & famenefr, that is betwixt Chriit the Surety & Sinners,for whom He fatiffied , mentioned by worthy Mr. R.utherfoord, in his Treatife of the co- venant part 2 pag, 251. which are there, a. Though Phyfically the Surety & the Debtor be two different Men; yet in Law they are one & the fame Perlon , & one & the fame Legal par- ty, & the fame objetofjuflice, who-b in Law purfueth the Surety doth all() purfue the Debtor. 2. The Debt & Summe is one ; not two Debts, not two Ranfomes, or two Punifhments; nor two Lives to lofe, but one. 3. It is one & the fame Solution , & Satiffatiorl ; there cannot in Law - jultice come another Reckoning, Dying , & payment afking , after the Su- rety bath payed. 4. There is one & the fame Acceptation upon the creditor's Part; if be accept of Satiffation in the payment made by the Surety , he cannot bus legally
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