A57975:430
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.
3. To this the constituent cause is of more power and dignity then the effect, and so the people is above the King. 1The P. Prelate borrowed an answer from Arnisaeus, and Barclay, and other Royalists, and saith, If we knew any thing in Law, or were ruled by reason; Every constituent (saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words) where the constituent hath resigned all his power in the hand of the Prince whom h• constitutes, is of more worth, and power, then he in whose hand they resign the power: so the proposition is false. The servant who hath constituted his Master Lord of his liberty, is not worthier then his Master whom he hath made his Lord, and to whom he hath given himself a• a slave; for after he hath resigned his liberty he cannot repent, he must keep covenant though to his hurt: yea such a servant is not only not above his Master, but he cannot move his foot without his Master. The Governor of Britain (saith Arnisaeus) being despised by King Philip▪ resigned himself as Vassal to King Edward of England, but did not for that make himself superior to King Edward: indeed he who constituteth another under him as a Legate, is superior; but the people do• constitute a King above themselves, not a King under themselves, and therefore the people are not by this made the Kings superior, but his inferior.
3. To this the constituent cause is of more power and dignity then the effect, and so the people is above the King. 1The P. Prelate borrowed an answer from Arnisaeus, and Barclay, and other Royalists, and saith, If we knew any thing in Law, or were ruled by reason; Every constituent (saith Arnisaeus and Barclay more accurately then the P. Prelate had a head to transcribe their words) where the constituent hath resigned all his power in the hand of the Prince whom h• constitutes, is of more worth, and power, then he in whose hand they resigne the power: so the proposition is false. The servant who hath constituted his Master Lord of his liberty, is not worthier then his Master whom he hath made his Lord, and to whom he hath given himselfe a a slave; for after he hath resigned his liberty he cannot repent, he must keepe covenant though to his hurt: yea such a servant is not only not above his Master, but he cannot move his foot without his Master. The Governour of Britaine (saith Arnisaeus) being despised by King Philip resigned himselfe as Vassall to King Edward of England, but did not for that make himselfe superiour to King Edward: indeed he who constituteth another under him as a Legat, is superiour; but the people do constitute a King above themselves, not a King under themselves, and therefore the people are not by this made the Kings superiour, but his inferiour.