A57975:249
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.
Covaruv. a great Lawyer, saith,(a) 1. that all Civill power is penes remp. in the hands of the Common-wealth. 1. Because Nature hath given to man to be a social creature, and impossible he can preserve himself in a society, except he being in community, transform his power to an head. 2. He saith; Hujus vero civilis societatis & resp. rector ab alio quam ab ipsamet repub. constitui non potest justè & absque Tyrannide. Siquidem ab ipso Deo constitutus non est, nec electus cuilibet civili societati immediatè Rex aut Princeps. Arist. polit. 3. c. 10. saith, It is better that Kings got by election then by birth; because Kingdoms by succession are verè regia, truly Kingly: these by birth are more Tyrannical, masterly, and proper to Barbarous Nations. And Covarruvias, tom. 2. pract. quest. de jurisd. Castellan. Reip. c. 1. n. 4. saith, Hereditary Kings are also made hereditary by the tacit consent of the people, and so by law and consuetude.
Covaruv. a great Lawyer, saith,(a) 1. that all Civill power is penes remp. in the hands of the Common-wealth. 1. Because Nature hath given to man to be a sociall creature, and impossible he can preserve himselfe in a societie, except he being in communitie, transforme his power to an head. 2. He saith; Hujus vero civilis societatis & resp. rector ab alio quam ab ipsamet repub. constitui non potest justè & absque Tyrannide. Siquidem ab ipso Deo constitutus non est, nec electus cuilibet civili societati immediatè Rex aut Princeps. Arist. polit. 3. c. 10. saith, It is better that Kings got by election then by birth; because Kingdomes by succession are verè regia, truly Kingly: these by birth are more Tyrannicall, masterly, and proper to Barbarous Nations. And Covarruvias, tom. 2. pract. quest. de jurisd. Castellan. Reip. c. 1. n. 4. saith, Hereditary Kings are also made hereditary by the tacit consent of the people, and so by law and consuetude.
- (a)Covarruvias, tom. 2. pract. •uest.. c. 1. n. 2 3 4▪