A57975:272
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.
yet the people doth freely choose, not only the first man to be King, but also the whole race of the first born of this mans Family to be Kings. All here ⟨p. 77⟩must be resolved in the free will of the Community; now since we have no immediate and prophetical enthroning of men: it is evident, That the lineal deduction of the Crown from father to son, through the whole line, is from the people, not from the parent.
yet the people doth freely choose, not only the first man to be King, but also the whole race of the first born of this mans Family to be Kings. All here ⟨p. 77⟩must be resolved in the free will of the Communitie; now since we have no immediate and propheticall enthroning of men: it is evident, That the lineall deduction of the Crown from father to son, through the whole line, is from the people, not from the parent.
Hence I add this, as my sixth Argument,1 That which taketh away that natural aptitude, and natures birth-right, in a Community given to them by God and nature, to provide the most efficacious, and prevalent mean for their own preservation and peace in the fittest Government, that is not to be holden, but to make birth the best title to the Crown, and better then free election, taketh away and impedeth that natural aptitude, and natures birth-right of choosing, not simply a Governor, but the best, the justest, the more righteous, and tieth, and fettereth their choice to one of a house, whether he be a wise man, and righteous, and just, or a fool and an unjust man; therefore to make birth the best title to the Crown, is not to be holden.
Hence I adde this, as my sixth Argument,1 That which taketh away that naturall aptitude, and natures birth-right, in a Communitie given to them by God and nature, to provide the most efficacious, and prevalent mean for their own preservation and peace in the fittest Government, that is not to be holden, but to make birth the best title to the Crown, and better then free election, taketh away and impedeth that naturall aptitude, and natures birth-right of chosing, not simply a Governour, but the best, the justest, the more righteous, and tyeth, and fettereth their choice to one of a house, whether he be a wise man, and righteous, and just, or a fool and an unjust man; therefore to make birth the best title to the Crown, is not to be holden.