A57975:473
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.
to judge righteously between every man and his brother, and the stranger that is with them. 17. Neither are they to respect persons in judgement, but are to hear the small as well as the great, nor to be afraid of the face of men, the judgement administered by all, is Gods. 2. Chro. 19.6. All are obliged to fear God, Deut. 17.19.20. to keep the words of the Law, not to be lifted up in heart above their brethren, Isaiah 1.17. Jer. 22.2, 3. Let any man show me a difference according to Gods Word, but in the extension that what the King is to do as a King in all the Kingdom, and whole Dominions, (if God give to him many) as he gave to David and Solomon, and Joshua, that the inferior Judges are to do in such and such Circuits, and limited places, and I quit the cause, so as the inferior Judges are little Kings, and the King a great and dilated Judge, as a compressed hand or fist, and the hand stretched out in fingers and thumb, are one hand, so here. 4. God owneth inferior Judges as a congregation of Gods, Ps. 82.1.2. for that God sitteth in a congregation or Senate of Kings or Monarchs I shall not believe, till I see Royalists show to me a Common-wealth of Monarchs convening in one Judicature; all are equally called Gods, Joh. 10.35. Exod. 22.8. if for any cause, but because all Judges even inferior are the immediate Deputies of the King of ⟨p. 167⟩Kings, and their sentence in Judgement as the sentence of the Judge of all the earth, I shall be informed by the P. Prelate when he shall answer my reasons, if his interdicted Lordship may cast an eye to a poor Presbyter below,1 and as wisdom is that by which Kings reign, Prov. 8.15. so also v. 16. by which Princes Rule, and Nobles, even all the Judges of the earth; all that is said against this is: That the King hath a Prerogative Royal, by which he is differenced from all Judges in Israel, called jus regis [Greek or Hebrew] for (saith Barclay) The King as King essentially hath a Domination and power above all, so as none can censure him, or punish him but God, because here be no thrones above his, but the throne of God. The Judges of Israel, […] Samuel, Gideon, &c. had no domination, the dominion was in Gods hand. 2. We may resist an inferior Judge (saith Arnisaeus) otherwise there were no appeal from him, and the wrong we suffer were irreparable, as saith Marantius.