A57975:501
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.
2. We plead not at this time (saith the Prelate stealing from Grotius, 1Barclaius, Arnisaeus, who spake it with more sinews of reason) for a (masterly, or) despotical, or rather a slavishing Sovereignty, which is Dominium herile, an absolute power, such as the great Turk this day exerciseth over his subjects, and the King of Spain hath over, and in his territories without Europe: we maintain only regiam potestatem, quae fundatur in paterna, such royal fatherly Sovereignty as we live under, blessed be God, and our predecessors. This (saith he) as it hath its Royal Prerogative inherent to the Crown naturally, and inseparable from it, so it trencheth not upon the liberty of the person, or the property of the goods of the subject, but in, and by the lawful and just acts of jurisdiction.
2. We plead not at this time (saith the Prelate stealing from Grotius, 1Barclaius, Arnisaeus, who spake it with more sinewes of reason) for a (masterly, or) despoticall, or rather a slavishing Soveraignty, which is Dominium herile, an absolute power, such as the great Turke this day exerciseth over his subjects, and the King of Spaine hath over, and in his territories without Europe: we maintain only regiam potestatem, quae fundatur in paterna, such royall fatherly Soveraignty as we live under, blessed be God, and our predecessors. This (saith he) as it hath its Royall Prerogative inherent to the Crowne naturally, and inseparable from it, so it trencheth not upon the liberty of the person, or the property of the goods of the subject, but in, and by the lawfull and just acts of jurisdiction.
- 1Sacr. sanc. Maj. […]. 14 p. 163.Sacr. sanc. Maj. 〈…〉. 14 p. 163.
Ans. 1. Here is another absolute power disclaimed to be in the King, he hath not such a masterly and absolute liberty as the Turk hath. Why? John P. P. in such a tender and high point as concerneth soul and body of subjects in three Christian Kingdoms, you should have taught us 1. What bonds and fetters any covenant or paction betwixt the King and people layeth upon the King, why he hath not as King the power of the great Turk. I will tell you. The Great Turk may command any of his subjects to leap into a mountain of fire, and burn himself quick, in conscience of obedience to his Law. And what if the subject disobey the Great Turk? if the Great Turk be a lawful Prince, as you will not deny. And if the King of Spain should command foreign conquered slaves to do the like. By your Doctrine neither the one, nor the other were obliged to resist by violence,