A57975:306
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.
my answer is, That the subjection of the misery of man by nature, because of sin, is more then the subjection of beasts, comparing species and kind of beasts and birds with mankind, but comparing individuals of the same kind amongst themselves, a Lyon with Lyon, Eagle with Eagle, and so Man with Man; in which respect, because he who is supposed to be the man borne free from subjection politic, even the King borne a King, is under the same state of sin, and so by reason of sin, of which he hath a share equally with all other men by nature, he must be, by nature, borne under as great subjection penal for sin (except the King be borne void of sin) as other men; Ergo, 1he is not borne freer by nature then other men, except he come out of the womb with a Kings crown on his head. 4. To be a King, is a free gift of God, which God bestoweth on some men above others, as is evident, 2 Sam. 12.7, 8▪ Psal. 75.6. Dan. 4.32. and ⟨p. 93⟩therefore all must be borne Kings, if any one man be by nature a King borne, and another a borne subject. But if some be by Gods grace made Kings above others, they are not so by nature; for things which agree to man by nature, agree to all men equally; but all men equally are not borne Kings, as is evident; and all men are not equally borne by nature under politic subjection to Kings, as the Adversaries grant; because those who are by nature Kings, cannot be also by nature subjects.2 5. If men be not by nature free from politic subjection, then must some, by the law of relation, by nature be Kings; But none are by nature Kings, because none have by nature these things which essentially constitute Kings, for they have neither by nature the calling of God, nor gifts for the throne, nor the free election of the people, nor conquest: and if there be none a King by nature, there can be none a Subject by nature. And the Law faith, Omnes sumus naturâ liberi, nullius ditioni subjecti. l. Manumiss. F. de just. & jur. S. jus autem gentium, Ins. de jur. nat. We are all by nature free. and D. L. ex hoc jure cum simil. 6. Politicians agree to this as an undeniable truth,