A57975:444
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.
Ans. 1. The Prelate would make the maxim true of a formal cause, and this he learned in the University of St. Andrews, ⟨p. 155⟩he wrongeth the University, he rather learned it while he kept the Calves of Craile, the wall is white from whiteness,1 ergo whiteness is more white by the Prelates learning; never such thing was taught in that learned University. 2. Principium formale effectivum is as good Logic, as principium effectivum materiale, formale, finale. The Prelate is in his accuracy of Logic now, he yet maketh the causality of the formal cause all one with the causality of the efficient, but he is weak in his Logics. 3. He confoundeth a cause equivocal, and a cause univocal, and in that case the Maxim holdeth not. Nor is it necessary to make true the maxim, that the quality be inherent in the cause, the same way. For a City maketh a Major, but to be a Major is one way in the City, and another way in him who is created Major; and the Prelates Maxim would help him, if we reasoned thus: The people maketh the King, ergo the people is more a King, and more formally a Sovereign then the King. But that is no more our Argument, then the simile that Maxwell used, as near heart and mouth both. Wine maketh drunk the Prelate, ergo Wine is more drunk. But we reason this, the Fountain-power of making six Kings is in the people, ergo there is more fountain-power of Royalty in the people then in any one King; for we read that Israel made Saul King, and made David King, and made Abimelech King; but never that King Saul made another King, or that an earthly King made another Absolute King. 4. The Prelate will have the Maxim false, where the Agent worketh by donation, which yet holdeth true by his own grant, c. 9. pag. 98. The King giveth power to a Deputy, ergo there is more power in the King. 5. He supposeth that which is the Basis and foundation of all the question, that people devesteth themselves totally of their Fountain power, which is most false. 6. Either they must devest themselves totally (saith he) of their power, or the King hath power from the people, by way of loan, which to my thinking never any yet spake. But the P.
Ans. 1. The Prelate would make the maxime true of a formall cause, and this he learned in the University of St. Andrewes, ⟨p. 155⟩