A57975:348
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.
yea should not God have given the sword or power of punishing ill doers, since that power should have been in vain, if there had been no violence, nor bloodshed, or sin on the earth: for the power of the sword and of lawful war, is given to men now in the state of sin. 4. Fatherly government and power is from the bosom and marrow of that fountain law of nature; but Royal power is not from the law of nature, more then Aristocratical or Democratical power.1 D. Ferne saith, Monarchy is not jure divino, (I am not of his mind) nor yet from the law of Nature, but, ductu naturae, by the guidance of nature. Sure it is from a supervenient commandment of God, added to the first law of nature, establishing Fatherly power. 5. Children having their life and first breathings of nature from their parents, must be in a more entire relation from their father, then from their Prince: Subjects have not their Being natural, but their civill, politic and peaceable well-being from their ⟨p. 113⟩Prince. 6. A father is a father by generation, and giving the being of nature to children, and is a natural head and root, without the free consent and suffrages of his children, and is essentially a father to one child, as Adam was to one Cain: but a Prince is a Prince by the free suffrages of a community, and cannot be a King to one only, and he is the politic head of a civill Corporation. 7. A father, so long as his children liveth can never leave off to be a father, though he were mad, and furious, though he be the most wicked man on earth. Qui genuit filium non potest non genuisse filium, what is once past cannot by any power be not passed, a father is a father for ever. But by confession of Royalists, as Barclay, Hug. Grotius, and Arnisaeus and others grant, if a King sell his subjects by sea or land to other nations, if he turn a furious Nero, he may be dethroned, and the power that created the King under such express conditions, as if the King violate them by his own consent, he shall be put from the Throne, may cease to be a King, and if a stronger King conquer a King and his subjects, Royalists say the conqueror is a lawful King; and so the conquered King must also lawfully come down from his Throne, and turn a lawful captive sitting in the dust. 8. Learned Politicians, as Bartholomeus Romulus, Defens. part. 1. num. 153. Joannes de Anania in c. fin.
yea should not God have given the sword or power of punishing ill doers, since that power should have been in vaine, if there had been no violence, nor bloodshed, or sinne on the earth: for the power of the sword and of lawfull warre, is given to men now in the state of sinne. 4. Fatherly government and power is from the bosome and marrow of that fountaine law of nature; but Royall power is not from the law of nature, more then Aristocraticall or Democraticall power.