A57975:488
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.
are but sent by the King, ergo, they are so Judges, as they are but messengers, and are to adhere to the Royal pleasure of the Prince that sent them.
are but sent by the King, ergo, they are so Iudges, as they are but messengers, and are to adhere to the Royall pleasure of the Prince that sent them.
1Ans. 1. The Ambassador is not to accept an unjust Embassy, that fighteth with the Law of nature. 2. The Ambassador and the Judge differ, the Ambassador is the King and States Deputy, both in his call to the Embassy, and also in the matter of the Embassy; for which cause he is not to transgress what is given to him in Writ, as a Rule; but the inferior Judges, and the high Court of Parliament, though they were the Kings Deputies (as the Parliament is in no sort his Deputy, but he their Deputy Royal) yet it is only in respect of their call, not in respect of the matter of their Commission, for the King may send the Judge to judge in general according to the Law, and Justice and Religion, but he cannot depute the sentence, and command the conscience of the Judge to pronounce such a sentence, not such, the inferior Judge in the act of judging is as independent, and his conscience as immediately subject to God, as the King, therefore the King owes to every sentence his approbative suffrage as King, but not his either directive suffrage, nor his imperative suffrage of absolute pleasure, 6. If the King should sell his Country, and bring in a foreign Army, the estates are to convene, to take course for the safety of the Kingdom. 7. If David exhort the Princes of Israel to help King Solomon in governing the Kingdom,2 in building the Temple, 2 Chron. 32.3. Hezekiah took counsel with his Princes, and his mighty men in the matter of holding off the Assyrians, who were to invade the Land, if David 1 Chron. 13.1, 2, 3, 4