A57975:341
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.
but notwithstanding there be such a covenant, it followeth not from this, saith Arnisaeus, that if the Prince break his covenant and rule tyrannically, the people shall be free, and the contract or covenant nothing. Ans. The covenant may be materially broken, while the King remaineth King, and the subjects remain subjects, but when it is both materially and formally declared by the States to be broken, the people must be free from their Allegiance; but of this more hereafter.
but notwithstanding there be such a covenant, it followeth not from this, saith Arnisaeus, that if the Prince breake his covenant and rule tyrannically, the people shall be free, and the contract or covenant nothing. Ans. The covenant may be materially broken, while the King remaineth King, and the subjects remaine subjects, but when it is both materially and formally declared by the States to be broken, the people must be free from their Allegiance; but of this more hereafter.
Arg. 7. If a Master bind himself by an Oath to his servant, he shall not receive such a benefit of such a point of service; if he violate the Oath, his Oath must give his servant Law and right, both to challenge his Master, and he is freed from that point of service; an Army appointeth such a one their Leader and Captain, but they refuse to do it, except he swear he shall not betray them to the enemy, he doth betray them, then must the soldiers be loosed from that contract; if one be appointed Pilate of a ship, and not but by an Oath, if he sell the Passengers to the Turk, they may challenge the Pilate of his Oath; and it is clear that 1. the estates should refuse to give the Crown, to him who would refuse to govern them according to Gods Law, but should profess that he would make his own will a Law, therefore the intention of the Oath is clearly conditional. 2. When the King sweareth the Oath, he is but King in fieri, and so not as King above the States of Kingdoms, now his being King doth not put him in a case above all civill obligation of a King to his subjects, because the matter of the Oath is, that he shall be under them so far, in regard of the Oath of God.