A57975:322
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.
2 Assert. When the covenant is betwixt God, on the one part, and the King, Priests, and people on the other part, it is true, if the one perform for his part to God, the whole duty, the other is acquitted; as if two men be indebted to one man ten thousand pounds, if the one pay the whole sum, the other is acquitted: but the King and People are not so, contracting parties in covenant with God, as that they are both indebted to God for one and the same sum of complete obedience, so as if the King pay the whole sum of obedience to God, the people is acquitted; and if the People pay the whole sum, the King is acquitted: for every one standeth obliged to God for himself; for the people must do all that is their part, in acquitting the King from his Royal duty, that they may free him and themselves both from punishment, if he disobey the King of Kings: Nor doth the Kings obedience acquit the people from their duty. And Arnisaeus dreamed▪ if he believed that we make King and People this way party contractors in covenant with God. Nor can two co-partners in covenant with God, so mutually compel one another to do their duty; for we hold, that the covenant is made betwixt the King and the People, betwixt mortal men; but they both bind themselves before God to each other. But, saith Arnisaeu•, It belongeth to a Praetor or Ruler, 1who is above both King and People, to compel each of them; the King to perform his part of the covenant to the people, and the people to perform their part of the covenant to the King. Now there is no Ruler but God, above both King and People. But let me answer: The consequence is not needful, no more then when the King of Judah and the King of Israel make a covenant to perform ⟨p. 101⟩mutual duties one to another: no more then it is necessary that there should be a King and superior Ruler above the King of Israel and the King of Judah, who should compel each one to do a duty to his fellow King; for the King and People are each of them above, and below others in divers respects: The People, because they create the man King, they are so above the King, and have a virtual power to compel him to do his duty: and the King, as King, hath an authoritative power above the People, because Royalty is formally in him, and originally and virtually only in the People; therefore may he compel them to their duty, as we shall hear anon;