A57975:151
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.
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.
12. The Royal power is three ways in the people; 1. Radically and virtually, as in the first subject. 2. Collativè vel communicativè, by way of free donation, they giving it to this man, not to this man that he may rule over them. 3. Limitatè; They giving it so, as these three acts remain with the people; 1. That they may measure out, by ounce weights, so much Royal power, and no more, and no less. 2. So as they may limit, moderate, and set banks, and marches to the exercise. 3. That they give it out, conditionatè, upon this, and this condition, that they may take again to themselves what they gave out, upon condition, if the condition be violated: The first I conceive is clear, 1. because if every living creature have radically in them a power of self-preservation to defend themselves from violence, as we see Lyons have paws, some beasts have horns,2 some claws; men being reasonable creatures, united in society, must have power in a more reasonable and honourable way to put this power of warding off violence, in the hands of one or moe Rulers, to defend themselves by Magistrates. 2. If all men be borne, as concerning civill power, alike; (for no man cometh out of the womb with a Diadem on his head, or a Sceptre in his hand) and yet men united in a society may give crown and sceptre to this man, and not to this man; then this power was in this united society, but it was not in them formally, for they should then all have been one King, and so both above and superior, and below and inferior to themselves, which we cannot say: therefore this power must have been virtually in them, because neither man, nor community of men can give that which they neither have formally, nor virtually in them. 3. Royalists cannot deny, but Cities have power to choose and create inferior Magistrates, ergo, many Cities united have power to create an higher Ruler; for Royal power is but the united and superlative power of inferior Judges, in one greater Judge, whom they call a King.
12. The Royall power is three wayes in the people; 1. Radically and virtually, as in the first subject. 2. Collativè vel communicativè, by way of free donation, they giving it to this man, not to this man that he may rule over them. 3. Limitatè; They giving it so, as these three acts remaine with the people; 1. That they may measure out, by ounce weights, so much Royall power, and no more, and no lesse. 2. So as they may limit, moderate, and set banks, and marches to the excercise. 3. That they give it out, conditionatè, upon this, and this condition, that they may take again to themselves what they gave out, upon condition, if the condition be violated: The first I conceive is cleere, 1. because if every living creature have radically in them a power of selfe-preservation to defend themselves from violence, as we see Lyons have pawes, some beasts have hornes,