A57975:284
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.
Doct. Fern is so far with us to father Royalty upon the peoples free election, 1as on the formal cause, that he saith, If to design the person, and to procure limitation of the power in the exercise of it, •e to give the power; we grant the power is from the people, but (saith he) you will have the power originally from themselves; in another sense, for you say, they reserve power to depose and displace the Magistrate, sometime they make the Monarch supreme, and then they devest ⟨p. 81⟩themselves of all power, and keep none to themselves, but before established Government, they have no politic power, whereby they may lay a command on others, but only a natural power of private resistance, which they cannot use against the Magistrate.
Doct. Fern is so farre with us to father Royaltie upon the peoples free election, 1as on the formall cause, that he saith, If to design the person, and to procure limitation of the power in the exercise of it, •e to give the power; we grant the power is from the people, but (saith he) you will have the power originally from themselves; in another sense, for you say, they reserve power to depose and displace the Magistrate, sometime they make the Monarch supreme, and then they devest ⟨p. 81⟩themselves of all power, and keep none to themselves, but before established Government, they have no politique power, whereby they may lay a command on others, but onely a naturall power of private resistance, which they cannot use against the Magistrate.
- 1D. Fern, part 3. sect. 3 p. 14.