A57975:440
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.
and if the Knights and Burgesses of the House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations, who put the trust on them, the observator did never say that Parliamentary power was so entire and irrevocably in them, as that the people may not resist them, annul their Commissions, and rescind their acts, and denude them of fiduciary power, even as the King may be denuded of that same power by the three estates, for particular Corporations are no more to be denuded of that fountain-power of making Commissioners, and of the self preservation, then the three estates are. 2. The P. Prelate cometh not home to the mind of Buchanan, who knew the fundamental Laws of Scotland, & the power of Parliaments, for his meaning was not to deny a legislative power in the Parliament, but when he calleth their Parliamentary declarations [Greek or Hebrew] his meaning is only that which Lawyers and School-men both say,1 Leges non promulgatae non habent vim legis actu completo obligatoriae, Laws not promulgated do not oblige the subject while they be promulgated, ⟨p. 153⟩but he falsifies Buchanan, when he saith, Parliamentary Laws must have the authoritative influence of the people, before they can be formal Laws, or any more then [Greek or Hebrew] or preparatory notions. And it was no wonder,2 when the King denied a Parliament, and the supreme Senate of the secret Counsel was corrupted, then that the people did set up Tables, and extraordinary judicatures of the three estates, seeing there could not be any other government for the time.
and if the Knights and Burgesses of the House of Commons abuse their fiduciary power to the destruction of these Shires and Corporations, who put the trust on them, the observator did never say that Parliamentary power was so intire and irrevocably in them, as that the people may not resist them, anull their Commissions, and rescind their acts, and denude them of fiduciary power, even as the King may be denuded of that same power by the three estates, for particular Corporations are no more to be denuded of that fountain-power of making Commissioners, and of the self preservation, then the three estates are. 2. The P. Prelate commeth not home to the mind of Buchanan, who knew the fundamental Lawes of Scotland, & the power of Parliaments, for his meaning was not to deny a legislative power in the Parliament, but when he calleth their Parliamentary declarations his meaning is only that which Lawyers and Schoole-men both say,