A57975:135
Lex, Rex
Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the aid and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet entitled Sacro-sancta regum majestas, or, The sacred and royal prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelate. : with a scriptural confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.Lex, rex The law and the prince : a dispute for the just prerogative of king and people : containing the reasons and causes of the most necessary defensive wars of the kingdom of Scotland and of their expedition for the ayd and help of their dear brethren of England : in which their innocency is asserted and a full answer is given to a seditious pamphlet intituled Sacro-sancta regum majestas, or, The sacred and royall prerogative of Christian kings, under the name of J. A. but penned by Jo. Maxwell the excommunicate P. Prelat. : with a scripturall confutation of the ruinous grounds of W. Barclay, H. Grotius, H. Arnisœus, Ant. de Domi P. Bishop of Spalata, and of other late anti-magistratical royalists, as the author of Ossorianum, D. Fern, E. Symmons, the doctors of Aberdeen, &c. : in XLIV questions.
London: printed for John Field, 1644London: printed for Iohn Field, 1644
Title page typeset from the transcription.
Lex, Rex. › Question 2: QUEST. II. Whether or not, Government be warranted by the Law of nature.
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.
There is no cause why Royalists should deny Government to be natural, but to be altogether from God, and that the Kingly power is immediately and only from God; because it is not natural to us to subject to Government, but against Nature, and against the hair for us to resign our liberty to a King, or any Ruler or Rulers; for this is much for us, and proveth not but Government is natural; it concludeth that a power of Government tali modo, by Magistracy, is not natural, but this is but a Sophism; a [Greek or Hebrew], ad illud quod est dictum [Greek or Hebrew] this special of Government, by resignation of our liberty, is not natural; Ergo, power of Government is not natural; it followeth not, a negatione sp•ciei non sequitur negatio generis, non est homo, ergo non est animal. 1And by the same reason I may by an antecedent will, agree to a Magistrate and a Law, that I may be ruled in a politic Society, and by a consequent will only, yea and conditionally only agree to the penalty and punishment of the Law; and it is most true, no man by the instinct of Nature giveth consent to Penal Laws as Penal, for Nature doth not teach a man, nor incline his spirit to yield that his life shall be taken away by the sword, and his ⟨p. 4⟩blood shed, except in this remote ground, a man hath a disposition, that a vein be cut by the Physician, or a Member of his body cut off, rather then the whole body and life perish by some contagious disease; but here reason in cold blood, not a natural disposition is the nearest prevalent cause, and disposer of the business. When therefore a community by natures instinct and guidance, incline to Government, and to defend themselves from violence; they do not by that instinct formally agree to Government by Magistrates; and when a natural conscience giveth a deliberate consent to good Laws, as to this, He that doth violence to the life of a man, by man shall his blood be shed, Gen. 9.6. He doth tacitly consent that his own blood shall be shed; but this he consenteth unto consequently, tacitly, and conditionally. If he shall do violence to the life of his brother: Yet so as this consent proceedeth not from a disposition every way purely natural.
There is no cause why Royallists should deny Government to be naturall, but to be altogether from God, and that the Kingly power is immediatly and only from God; because it is not naturall to us to subject to Government, but against Nature, and against the hair for us to resign our liberty to a King, or any Ruler or Rulers; for this is much for us, and proveth not but Government is naturall; it concludeth that a power of Government tali modo, by Magistracy, is not naturall, but this is but a Sophisme; a , ad illud quod est dictum this speciall of Government, by resignation of our liberty, is not naturall; Ergo, power of Government is not naturall; it followeth not, a negatione spciei non sequitur negatio generis, non est homo, ergo non est animal.