A57975:433
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.
What if he turn Tyrant, and destroy his Subjects with the sword? The Royalists say, they may fly: but when they made him King, they resigned all their power to him, even their power of flying; for they bound themselves by an oath (say Royalists) to all passive and lawful active obedience: and, I suppose, to stand at his Tribunal, if he summoned the three Estates, upon Treason, to come before him, is contained in the oath, that Royalists say, bindeth all, and is contradictory to flying.
What if he turne Tyrant, and destroy his Subjects with the sword? The Royalists say, they may flie: but when they made him King, they resigned all their power to him, even their power of flying; for they bound themselves by an oath (say Royalists) to all passive and lawfull active obedience: and, I suppose, to stand at his Tribunal, if he summoned the three Estates, upon Treason, to come before him, is conteined in the oath, that Royalists say, bindeth all, and is contradictorie to flying.
Arnisaeus, a more learned Jurist and Divine then the P. Prelate, answereth the other Maxim,1 The end is worthier then the mean leading to the end, because it is ordained for the end. These means, saith he, which refer their whole nature to the end, and have all their excellency from the end, and have excellency from no other thing but from the end, are less excellent then the end; that is true, such an end as medicine is for health. And Hugo Grotius, l. 1. c. 3. n. 8. Those means which are only for the end, & for the good of the end, and are not for their own good, also are of less excellency, and inferior to the end. But so the assumption is false. But those means which beside their relation to the end, have an excellency of nature in themselves, are not always inferior to the end. The Disciple, as he is instituted, is inferior to the Master; but as he is the son of a Prince, he is above the Master. But by this reason, the shepherd should be inferior to brute beasts, to sheep. And the master of the family is for the family, and referreth all that he hath for the entertaining of the family: but it followeth not therefore the family is above him. The form is for the action, therefore the action is