A57975:443
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.
The Prelate answereth that Maxime, Quod ef•icit tale, id ipsum est magis tale. 1That which maketh another such, it is it self more such. It is true, De principio formali effectivo (as I learned in the University) of such an Agent as is formally such in it self, as is the effect produced. Next, it is such as is effective and productive of it self, as when fire heateth cold water, so the quality must be formally inherent in the Agent, as Wine maketh drunk, it followeth not, Wine is more drunk because Drunkenness is not inherent in the Wine, nor is it capable of drunkenness; and therefore Aristotle qualifieth the Maxim with this, Quod efficit tale est magis tale, modo utrique insit. And it holdeth not in Agents, who operate by donation, if the right of the King be transferred from the people to the King. The donation devesteth the people totally of it, except the King have it by way of loan, which to my thinking, never yet any spoke— Sovereignty never was, never can be in the Community; Sovereignty hath power of life and death, which none hath over himself, and the community conceived without government, all as equal, endowed with Natures and native liberty, of that community can have no power over the life of another. And so the Argument may be turned home, if the people be not tales, such by nature (as hath formally Royal power, he should say) they cannot give the King Royal Power. Also none hath power of life and death either eminenter or formally, the people either singly or collectively have not power over their own life, much less over their neighbours.
The Prelate answereth that Maxime, Quod ef•icit tale, id ipsum est magis tale. 1That which maketh another such, it is it selfe more such. It is true, De principio formali effectivo (as I learned in the Vniversity) of such an Agent as is formally such in it selfe, as is the effect produced. Next, it is such as is effective and productive of it selfe, as when fire heateth cold water, so the quality must be formally inherent in the Agent, as Wine maketh drunke, it followeth not, Wine is more drunke because Drunkennesse is not inherent in the Wine, nor is it capable of drunkennesse; and therefore Aristotle qualifieth the Maxime with this, Quod efficit tale est magis tale, modo utrique insit. And it holdeth not in Agents, who operate by donation, if the right of the King be transferred from the people to the King. The donation devesteth the people totally of it, except the King have it by way of loane, which to my thinking, never yet any spoke— Soveraignty never was, never can be in the Community; Soveraignty hath power of life and death, which none hath over himselfe, and the community conceived without government, all as equall, endowed with Natures and native liberty, of that community can have no power over the life of another. And so the Argument may be turned home, if the people be not tales, such by nature (as hath formally Royall power, he should say) they cannot give the King Royall Power. Also none hath power of life and death either eminenter or formally, the people either singly or collectively have not power over their owne life, much lesse over their neighbours.