A57975:445
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.
Prelates thinking is short, and no rule to Divines and Lawyers, for to the thinking of the learnedst Jurists this power of the King is but fiduciary, and that is (whether the Prelate think it, or think it not) a sort of power by trust, pawned or loan. Rex director Regni, non proprietarius, 1Molinae. in consuet. Parisi. Tit. 1.9.1. Glos. 7. n. 9. The King is a life-renter, not a Lord, or proprietor of his Kingdom. So Novel. 85. in princip. &c. 18. Quod magistratus sit nudus dispensator & defensor jurium regni, non proprietarius, constat ⟨p. 156⟩ex eo quod non posset alienare imperium, oppida, urbes, regionésve, vel res subditorum, bonàve regni. So Gregory, l. 3. c. 8. de Repub. per c. 1. Sect. praeterea, de propo. feud. Hottoman. quest. illust. 1. Ferdinan▪ Vasquez. l. 1. c. 4. Bossius de princip. & privileg. illius, n. 290. The King is only a steward, and a defender of the laws of the Kingdom, not a proprietor, because he hath not power to make away the Empire, Cities, Townes, Countries, and goods of the Subjects: and, bona commissa Magistratui, sunt subjecta restitutioni, & in prejudicium successorum alienari non possunt, per l. ult. Sect. sed nost. C. Comment. de leg. l. peto 69. fratrem de leg. 2. l. 32. ult. d. t. All the goods committed to any Magistrate, are under Restitution for he hath not power to make them away to the prejudice of his successors. The Prelates thoughts reach not the secrets of Jurists, and therefore he speaketh with a warrant; he will say no more then his short-travelled thoughts can reach; and that is but at the door. 7. Sovereignty is not in the Community (saith the P. Prelate.2) Truly it neither is, nor can be, more then ten, or a thousand, or a thousand thousands, or a whole Kingdom can be one man; for Sovereignty is the abstract, the Sovereign is the concrete: Many cannot be one King or one Sovereign: a Sovereign must be essentially one; and a multitude cannot be one: but what then? may not the Sovereign power be eminently, fontaliter; originally and radically in the people? I think it may, and must be. A King is not an under-Judge, he is not a Lord of Counsel or Session formally, because he is more: The people is not King formally, because the people is eminently more then the King; for they make David King, and Saul King. And the power to make a Lord of Counsel and Session, is in the King (say Royalists.) 8.