A57975:485
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.
And against Achabs will and mind, 1 King 18, 19. Elijah causeth to kill the Priests of Baal, according to Gods express law. It is true, it was extraordinary; but no otherwise extraordinary then it is at this day. When the supreme Magistrate will not execute the judgement of the Lord, Those who made him supreme Magistrate under God, who have, under God, sovereign liberty to dispose of crowns and kingdoms, are to execute the judgement of the Lord, when wicked men make the law of God of none effect. 1 Sam. 15.32. so Samuel killed Hagage, whom the Lord expressly commanded to be killed; because Saul disobeyed the voice of the Lord. I deny not but there is necessity of a clear warrant that the Magistrate neglect his duty, either in not convening the States, or not executing the judgement of the Lord. 3. I see not how the convening of a Parliament is extraordinary to the States; for none hath power ordinary when the King is dead, or when he is distracted, or captive in ⟨p. 174⟩another land, to convene the Estates and Parliament, but they only; and in their defect, by the law of Nature, the people may convene. But, 4. If they be essentially Judges no less then the King. as I have demonstrated to the impartial Reader, in the former Chapter; I conceive, though the State make a positive law, for Orders cause, that the King ordinarily convene Parliaments; Yet, if we dispute the matter in the court of Conscience, the Estates have intrinsically (because they are the Estates, and essentially Judges of the Land) ordinary power to convene themselves: 1. Because when Moses, by Gods rule, hath appointed seventy men to be Catholic Judges in the Land, Moses upon his sole pleasure and will, hath not power to restrain them in the exercise of judgment given them of God: 1for as God hath given to any one Judge power to judge righteous judgement, though the King command the contrary; so hath he given to him power to sit down in the gate, or the bench, when and where the necessity of the oppressed people calleth for it: For, 1. the express commandment of God, which saith to all Judges, Execute judgement in the morning; involveth essentially a precept to all the Physical actions, without which it is impossible to execute judgement: As namely, if by a divine precept the Judge must execute judgement;