A57975:222
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.
Ans. The P. Prelate might have thanked Spalato for this Argument, but he doth not so much as cite him, for fear his theft be deprehended, but Spalato hath it set down with stronger nerves, then the Prelates head was able to copy out of him. But (a)Jac. de Almain, and (b)Navarrus, with the Parisian Doctors said in the Council of Paris, that politic power is immediately from God, but first from the community; but so, that the community apply their power to this o• that Government, not of liberty, but by natural necessity, but Spal•to and the Plagiarist Prelate do both look beside the book. The question is not now concerning the vis rectiva the power of governing in the people, but concerning the power of government, for these two differ much, the former is a power of ruling and Monarchical commanding of themselves, this power is not formally in the people, but only virtually; and no reason can say, that a virtual power is idle, because it cannot be actuated by that same subject that it is in, for then it should not be a virtual, but a formal power. Do not Philosophers say such a Herb virtually maketh hot, and can the sottish Prelate say, this virtual power is idle,(c) and in vain given of God, because it doth not formally heat your hand when you touch it.(d) 2. The P. Prelate who is excommunicated for Popery, Socinianism, Arminianism, and is now turned Apostate to Christ, and his Church must have changed his faith,5 not we, and be reasonlessly ignorant to press that axiom, that the power is idle that cannot be reduced to acts; for a generative power is given to living and sensitive creatures, this power is not idle though it be not reduced in act, by all and every individual sensitive creature. A power of seeing is given to all who naturally do, or ought to see, yet it is not an idle power, because divers are blind, seeing it is put forth in action in divers of the kind; so this power in the community is not idle, because it is not put forth in acts in the people, in which it is virtually, and is put forth in action in some of them, whom they choose to be their Governors; nor is it reasonable to say that it should be put forth in action by all the people, as if all should be Kings and Governors.