A57975:225
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.
1P. Prelate. If Sovereignty be originally inherent in the people, then Democracy, or Government by the people, were the best Government, because it cometh nearest to the fountain and stream of the first and radical power in the people, yea and all other forms of government were unlawful; and if Sovereignty be natively inherent in the multitude, it must be proper to every individual of the community, which is against that false Maxim of theirs, Quisque nascitur liber, every one by nature is borne a free man, and the posterity of those who first contracted with their elected King, are not bound to that Covenant, but upon their native rest and liberty, may appoint another King without breach of covenant. The posterity of Joshua, and the Elders in their time, who contracted with the Gibeonites to incorporate them, though in a serving condition, might have made their fathers government nothing.
1P. Prelate. If Soveraignty be originally inherent in the people, then Democracy, or Government by the people, were the best Government, because it commeth nearest to the fountaine and streame of the first and radicall power in the people, yea and all other formes of government were unlawfull; and if Soveraignty be natively inherent in the multitude, it must be proper to every individuall of the community, which is against that false Maxime of theirs, Quisque nascitur liber, every one by nature is borne a free man, and the posterity of those who first contracted with their elected King, are not bound to that Couenant, but upon their native rest and liberty, may appoint another King without breach of covenant. The posterity of Ioshua, and the Elders in their time, who contracted with the Gibeonites to incorporate them, though in a serving condition, might have made their fathers government nothing.
- 1Pag. 95, 96.
Ans. The P. Prelate might thank Spalato for this Argument also,1