A57975:283
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.
12 Assert. But to speak of them, ex natura re•, and according to the first mould and pattern of a King by law. A King by election is more principally King (magis univoce & per se) then an hereditary Prince; 1. Because in hereditary Crowns, the first family being chosen by the free suffrages of the people, for that cause ultimate, the hereditary Prince cometh to the throne, because his first father, and in him the whole line of the family was chosen to the Crown, and, propter quod unumquodque tale, id ipsum magis tale. 2. The first King ordained by Gods positive law, must be the measure of all Kings, and more principally the King, then he who is such by derivation. But the first King is a King by election, not by birth, Deut. 17.15. Thou shalt in any wise set (him) King over thee, whom the Lord thy God shall choose, (One) from amongst thy brethren shalt thou set over thee. If the free will of the people be not the nearest cause of the first moulded King, God could have made no positive law to choose such a man, not such a man; for all positive laws presuppose free election. 3. The Law saith, Surrogatum fruitur privilegiis ejus, in cujus locum surrogatur: He who is substituted in the place of another, enjoyeth the privileges of him in whose place be succeedeth. But the hereditary King hath Royal privileges from him who is chosen King. Solomon hath the Royal privileges of David his father, and is therefore King by birth, because his father David was King by election. And this I say, not because I think sole birth is a just title to the Crown, but because it designeth him who indeed virtually was chosen, when the first King of the race was chosen. 4. Because there is no dominion of either Royalty, or any other way by nature, no more then an Eagle is born King of Eagles, a Lyon, King of Lyons; neither is a man by nature, born King of men: and therefore, he who is made King by suffrages of the people, must be more principally King, then he who hath no title, but the womb of his mother.
12 Assert. But to speake of them, ex natura re•, and according to the first mould and paterne of a King by law. A King by election is more principally King (magis univoce & per se) then an hereditarie Prince; 1. Because in hereditary Crownes, the first familie being chosen by the free suffrages of the people, for that cause ultimate, the hereditary Prince commeth to the throne, because his first father, and in him the whole line of the familie was chosen to the Crowne, and, propter quod unumquodque tale, id ipsum magis tale. 2. The first King ordained by Gods positive law, must be the measure of all Kings, and more principally the King, then he who is such by derivation. But the first King is a King by election, not by birth,