A57975:458
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.
Grotius saith, It is here as in a Category: 1the middle Species is in respect of the Superior a Species, in respect of the inferior a Genus; so inferior Magistrates in relation to these who are inferior to them, and under them, they are Magistrates or public persons, but in relation to superior Magistrates, especially the King, they are private persons, and not Magistrates.
Grotius saith, It is here as in a Categorie: 1the middle Spece is in respect of the Superiour a Spece, in respect of the inferiour a Genus; so inferiour Magistrates in relation to these who are inferiour to them, and under them, they are Magistrates or publike persons, but in relation to superiour Magistrates, especially the King, they are private persons, and not Magistrates.
- 1Grotius ibi. species intermedia, si genus respicias, est species, si speciem infra positam, est genus: ita magistratus illi, inferiorum quidem ratione habita sunt publicae, personae, at supper ores si considerentur, sunt privati.
Answ. Jehoshaphat esteemed not Judges appointed by himself private men, 2 Chron. 19.6, 7. Ye judge not for men, but for the Lord. 2. We shall prove, that under Judges are powers ordained of God. 3. In Scotland the King can take no mans inheritance from him, because he is King: But if any man possess Lands belonging to the Crown, the King by his Advocate must stand before the Lord-Judges of the Session, and submit the matter to the Laws of the Land; and if the King for property of Goods, were not under a Law, and were not to acknowledge Judges as Judges, I see not how the subject in either Kingdoms have any propriety. 4. I judge it blasphemy to say, That a sentence of an inferior Judge must be no sentence, though never so legal, nor just, if it be contrary to the Kings will, as Grotius saith.