A57975:213
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.
for a power to do violence and injuries, is not liberty, but servitude and bondage. But the Prelate talketh of Royalty, as of mere Tyranny, as if it were a proper Dominion, and servile Empire, that the Prince hath over his people, and not more paternal and fatherly, then lordly, or masterly. 5. He saith, Violation of faith plighted in a contract amongst equals, cannot be called disobedience, but disobedience to the authority of the Sovereign is not only breach of Covenant, but high disobedience and contempt. But violation of faith amongst equals, as equals, is not properly disobedience; for disobedience is betwixt a superior and an inferior: but violation of faith amongst equals, when they make one of their equals their Judge and Ruler, is not only violation of truth, but also disobedience. All Israel and Saul while he is a private man seeking his fathers Asses, are equals by Covenant obliged one to another; and so any injury done by Israel to Saul in that case, is not disobedience, but only violation of faith; but when all Israel maketh Saul their King, and sweareth to him obedience, he is not now their equal, and an injury done to ⟨p. 45⟩him now, is both a violation of their faith, and high disobedience also. Suppose a City of Aldermen, all equal amongst themselves indignity and place, take one of their number, and make him their Major and Provost; a wrong done to him now, is not only against the rules of fraternity, but disobedience to one placed by God in authority over them. 6. 1 Sam. 11.7. The fear of the Lord fell on the people, and they came out with one consent to obey Saul. Ergo, God hath placed authority in Kings, which is not in people: It is true, because God hath transferred the scattered authorities that are in all the people, in one Mass; and by virtue of his own Ordinance, hath placed them in one man who is King. What followeth? Ergo, God conferreth this authority immediately upon the King, without the mediation of any action of the people; yea, the contrary rather followeth. 7. God looseth the bond of Kings; that is,1 when God is to cast off Kings, he causeth them to lose all authority, and maketh them come in contempt with the people. But what doth this prove? That God taketh away the majesty and authority of Kings Immediately; And therefore God gave to Kings this authority Immediately, without the peoples conveyance?