A57975:511
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.
1Arg. 2. The power that the King hath (I speak not of his gifts) he hath it from the people, who maketh him King, as I proved before: but the people have neither formally nor virtually any power absolute to give the King, all the power they have, is a legal and natural power to guide themselves in peace and godliness, and save themselves from unjust violence, by the benefit of Rulers. Now an absolute power above a Law is a power to do ill, and to destroy the people, and this the people have not themselves, it being repugnant to nature, that any should have a natural power in themselves to ⟨p. 185⟩destroy themselves, or to inflict upon themselves an evil of punishment to destruction. Though therefore it were given, which yet is not granted, that the people had resigned all power that they have into their King, yet if he use a Tyrannical power against the people for their hurt and destruction, he useth a power that the people never gave him; and against the intention of nature: for they invested a man with power to be their father, and defender for their good, And he faileth against the peoples intention in usurping an over power to himself, which they never gave, never had, never could give, for they cannot give what they never had, and power to destroy themselves they never had.
1Arg. 2. The power that the King hath (I speak not of his gifts) he hath it from the people, who maketh him King, as I proved before: but the people have neither formally nor virtually any power absolute to give the King, all the power they have, is a legall and naturall power to guide themselves in peace and godlinesse, and save themselves from unjust violence, by the benefit of Rulers. Now an absolute power above a Law is a power to doe ill, and to destroy the people, and this the people have not themselves, it being repugnant to nature, that any should have a naturall power in themselves to ⟨p. 185⟩destroy themselves, or to inflict upon themselves an evill of punishment to destruction. Though therefore it were given, which yet is not granted, that the people had resigned all power that they have into their King, yet if he use a Tyrannicall power against the people for their hurt and destruction, he useth a power that the people never gave him; and against the intention of nature: for they invested a man with power to be their father, and defender for their good, And he faileth against the peoples intention in usurping an over power to himselfe, which they never gave, never had, never could give, for they cannot give what they never had, and power to destroy themselves they never had.