A57975:381
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.
That the power of the King is fiduciary, that is given to him immediately by God in trust,1 Royalists deny not; but we hold that the trust is put upon the King by the people. 2. We deny that the people give themselves to the King as a gift, for what is freely given cannot be taken again▪ but they gave themselves to the King as a pawn; and if the pawn be abused, or not used in that manner as it was conditionated to be used, the party in whose hand the pawn is entrusted, faileth in his trust.
THat the power of the King is fiduciarie, that is given to him immediatly by God in trust,1 Royallists deny not; but we hold that the trust is put upon the King by the people. 2. We deny that the people give themselves to the King as a gift, for what is freely given cannot be taken againe▪ but they gave themselves to the King as a pawne; and if the pawne be abused, or not used in that manner as it was conditionated to be used, the party in whose hand the pawne is intrusted, faileth in his trust.
- 1The Kings power fiduciary.The Kings power fiduciarie.
11. Assertion. The King is more properly a Tutor then a Father, 1. Indigency is the original of Tutors, the Parents dye; what then shall become of the Orphan and his inheritance? he cannot guide it himself; therefore nature devised a Tutor to supply the place of a father,2 and to govern the Tutor; but with this consideration, the father is Lord of the inheritance, and if he be distressed, may sell it, that it shall never come to the son, and the father for the bad deserving of his son may dis-inherit him; but the Tutor being but a borrowed father, cannot sell the inheritance of the pupil, nor can he for the pupils bad deserving, by any dominion of Justice over the pupil, take away the inheritance from him, and give it to his own son; so a Community of it self, because of sin, is a naked society that can but destroy it self, and every one eat the flesh of his brother, therefore God hath appointed a King or governor, who shall take care of that community, rule them in peace, and save all from reciprocation of mutual acts of violence, yet so, as because a trust is put on the Ruler of a community, which is not his heritage, he cannot dispose of it as he pleaseth, because he is not the proper owner of the inheritance.