A57975:271
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.
Answ. We read in the Word of God, That the people made Solomon King, not that David, or any King can leave in his Testament, a Kingdom to his son. 2. He saith, The son hath not the right of reigning, 1as the patrimony of the people, but as a propriety, given by the Law of the Kingdom, by his parents: Now this is all one, as if he said, The son hath not the right of the Kingdom, as the patrimony of the people, but as the patrimony of the people, which is good non-sense; For the propriety of reigning, given from father to son, by the Law of the Kingdom, is nothing but a right to reign, given by the Law of the people, and the very gift and patrimony of the people, for Lex regni, This Law of the Kingdom is the Law of the people, tying the Crown to such a Royal Family; and this Law of the people is prior and ancienter then the King, or the right of reigning in the King, or which the King is supposed to have from his Royal father, because it made the first father, the first King of the Royal Line. For I demand, How doth the son succeed to his fathers Crown, and Throne? Not by any promise of a divine Covenant, that the Lord maketh to the father, as he promised, that Davids seed should sit on his throne, till the Messiah should come: this, as I conceive, is vanished with the Commonwealth of the Jews, nor can we now find any immediate divine constitution, tying the Crown now to such a race: nor can we say, this cometh from the will of the father King, making his son King: For 1. there is no Scripture can warrant us to say,2 The King maketh a King, but the Scripture holdeth forth, that the people made Saul and David, Kings. 2. This may prove, That the father is some way a cause, why this son succeedeth King; but he is not the cause of the Royalty conferred upon the whole Line; because the question is, Who made the first father a King? Not himself; nor doth God now immediately by Prophets anoint men to be Kings, then need force, the people choose the first man, then must the peoples election of a King, be prior and more ancient then the birth-law to a Crown: And election must be a better right then birth. 2. The question is, Whence cometh it that not only the first father should be chosen King; but also •hence is that, whereas it is in the peoples freewill to make the succession of Kings go by free election, as it is in Denmark and Pol;