Front Page Titles (by Subject) §47 - The Divine Feudal Law: Or, Covenants with Mankind, Represented
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§47 - Samuel von Pufendorf, The Divine Feudal Law: Or, Covenants with Mankind, Represented 
The Divine Feudal Law: Or, Covenants with Mankind, Represented, trans. Theophilus Dorrington, ed. with an Introduction by Simone Zurbruchen (Indianapolis: Liberty Fund, 2002).
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This Covenant is less properly call’d a Testament. But before we come to explain the Condition of this Covenant, it must be briefly observ’d, that altho’ it is commonly in the Old and New Testament, express’d by the Word Berith and Diathekes, which has the Signification of a Covenant as a solemn Agreement in One only Place, as I remember, which is Heb. 9:16, 17, 18. that Word Diathekes has the Signification of a Testament or last Will. For it is not necessary that this Word be translated by Testament in Gal. 3:15. since it may be said of a solemn Covenant, that, being rightly made, it is not liable to change. And nevertheless, the vulgar Translation does almost everywhere give the Name of Testament to that which, in the Books we call the Old Testament, is call’d a Covenant; which Translation Luther also follow’d in that which he made in the German Language. When yet the Sence seems to be much more clear and manifest, by retaining the Word Covenant. Certainly there is a great Difference between a Covenant and a Testament, as by the Elements of the Civil Law is manifest to any one. Forasmuch as a Testament is the Act of One Party, that of Two Parties; or for the making a Testament, the Will of One Person suffices, but to the making of a Covenant there must be a Concurrence of Two Wills. A Covenant is in Being between Two Parties that are existing, and when one is dead, it is at an end; but a Testament is not of Force unless he be dead who made it. In a Testament the Benefit which is dispos’d of thereby then passes to another, when the Dominion of the Testator ceases by his Death: But in a Covenant the Benefits agreed on are communicated on both Sides between Two living Parties. If any one does not embrace a Testament, but refuses it, he seems not to do any Injury to the Testator, nor to incurr any Punishment: But one Party cannot depart from a Covenant without Injury therein done to the other. These Things, with many more, perhaps, have no Place in that Engagement which God hath made with Man, nor can they be applied to it. So also in the Old Testament, as it is call’d, the Testator did not die; for the Death which was then interpos’d, as is acknowledg’d in the very Epistle to the Hebrews, was not that of the Testator, but of Bulls and Goats, which were used as Victims to confirm the Covenant. In the foremention’d Place then of the Epistle to the Hebrews we must understand St. Paul does not speak exactly according to the Law Sence of the Word he uses, but takes it in a larger Signification, and compares that Covenant of God with Man, as agreeing in this third Particular with a Testament; that as in this the Death of the Testator intervenes, and his Goods are devolv’d upon the Heir by the free Will of the Testator, without any equivalent perform’d by the Heir, whereby to purchase or deserve them, so Christ the Mediator of the Covenant has by his Death procur’d for us the Goods promised by the Covenant, without any equivalent Performance on our part. And as the Death of the Testator gives a particular Ratification and Solemnity to a Testament, so by the Death of the Saviour is that Covenant rendred much more August and Solemn. And the Case is the same with the Words Heir and Inheritance, which are frequently used in this Matter, but less properly, and in this Respect alone; that as a Patrimony descends from the Father to the Children by the Title of an Inheritance, so our Salvation proceeds from the Father, not by our Merit, but by the Son, whose Co-heirs we are said to be; and therefore also we are call’d the Sons of God, Exod. 4:22. That is, we are made Partakers of that Glory into which he by his Death is entred. Otherwise an Heir does not enjoy the Goods of a Testator, but when the Testator loses his Dominion over them by his Death. Tho’ κληρονομία does not precisely signifie an Inheritance, but also whatever comes to any one by Lot, or any the like gracious Assignation, as the Land of Canaan was divided by Lot among the Tribes of Israel, Psal. 16:6.