A57975:223
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.
But the question is not of the power of governing in the people, but of the power of Government, that is, of the power of making Governors and Kings, and the community doth put forth in act this power, as a free, voluntary, and active power, for 1. a Community transplanted to India or any place of the world, not before inhabited have a perfect liberty to choose either a Monarchy, or a ⟨p. 51⟩Democracy, or an Aristocracy; for though nature incline them to Government in general, yet are they not naturally determinated to any one of those three, more than another. 2. Israel did of their free will choose the change of government, and would have a King, as the Nations had, ergo they had free will, and so an active power so to do, and not a a passive inclination only to be governed, such as Spalato saith agreeth to the first matter, 3, Royalists teach that a people under Democracy, or Aristocracy have liberty to choose a King, and the Romans did this, ergo they had an active power to do it, ergo the Prelates simile crooks, the matter at its pleasur• cannot shake off its form, nor the wife cast off her husband being once married; but Barclaius, Grotius, Arnisaeus, Blackwood, and all the Royalists teach that the people under any of these two forms of Democracy or Aristocracy, may resume their power, and cast off these forms and choose a Monarch, and if Monarchy be the best government as Royalists say, they may chose the best, and is this but a passive capacity to be governed? 2. Of ten men fit for a Kingdom they may design one, and put the Crown on his head, and refuse the other nine, and Israel crowned Solomon and refused Ad• niah. Is this not a voluntary action, proceeding from a free active, elective power? It will puzzle the pretended Prelate to deny this, that which the community doth freely, they do not from such a passive capacity, as is in the first matter, in regard of the form. 3. It is true that people through corruption of nature are averse to submit to Governors, for conscience sake, and as to the Lord, because the natural man remaining in the state of nature can do nothing that is truly good, but it is false that men have no active Moral power to submit to superiors, but only a passive capacity to be governed, he quite contradicteth himself, for he said before, c. 4. pag. 49.
But the question is not of the power of governing in the people, but of the power of Government, that is, of the power of making Governours and Kings, and the community doth put forth in act this power, as a free, voluntary, and active power, for 1. a Community transplanted to India or any place of the world, not before inhabited have a perfect liberty to choose either a Monarchy, or a