A57975:226
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 thank Spalato for this Argument also,1 for it is stolen, but he never once nameth his name, lest his theft should be deprehended; so are his other Arguments stolen from Spalato, but the Prelate weakeneth them, and it is seen, stolen goods are not blessed. Spalato saith then, by the law of nature every Common-wealth should be governed by the people, and by the law of nature, the people should be under the badest▪ Government, but this consequence is nothing; for community of many families ⟨p. 53⟩is formally and of themselves under no government, but may choose any of the three,2 for popular government is not that wherein all the people are Rulers, for this is confusion, no government, because all are Rulers, and none are governed and ruled; but in popular government many are chosen out of the people to rule, and that this is the worst government, is said gratis, without warrant, and if Monarchy be the best of it self, yet when men are in the state of sin, in some other respects, it hath many inconveniences. 2. I see not how Democracy is best, because nearest to the multitudes power of making a King; for if all the three depend upon the free will of the people, all are alike a far off, and alike near hand, to the peoples free choice, according as they see most conducible for the safety and protection of the Common-wealth: And seeing the forms of Government are no more natural, then politic Incorporations of Cities, yea, then of Shires: But from a positive institution of God who erecteth this form, rather then this, not immediately now, but mediately by the free will of men; not one cometh formally, and ex naturâ rei, nearer to the fountain then another, except that materially Democracy may come nearer to the peoples power, then Monarchy, but the excellency of it above Monarchy, is not hence concluded; for by this reason, the number of four should be more excellent then the number of five, of ten, of an hundred, of a thousand, or of millions, because four cometh near to the number of three, which Aristotle calleth the first persit number, cui additur [Greek or Hebrew] of which yet formally all do alike share in the nature and essence of number. 2. It is denied, that it followeth from this antecedent, The people have power to chose their own Governors.