A57975:534
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.
Assert. 2. There is something which may be called a Prerogative by way of dispensation.1 There is a threefold dispensation; one of power, another of justice, and a third of grace. A dispensation of power, is, when the will of the Law-giver maketh that act to be no sin, which without that will would have been sin: As if Gods commanding Will had not intervened, the Israelites borrowing the ear-rings and jewels of the Egyptians, and not restoring them, had been a breach of the 8 Commandment: and in this sense no King hath a Prerogative to dispense with a Law.
Assert. 2. There is something which may be called a Prerogative by way of dispensation.1 There is a threefold dispensation; one of power, another of justice, and a third of grace. A dispensation of power, is, when the will of the Law-giver maketh that act to be no sinne, which without that will would have been sinne: As if Gods commanding Will had not interveened, the Israelites borrowing the eare-rings and jewels of the Egyptians, and not restoring them, had been a breach of the 8 Commandement: and in this sense no King hath a Prerogative to dispence with a Law.
- 1A threefold dispensation.
12. There is a dispensation of law and justice, not flowing from any Prerogative, but from the true intent of the Law. And thus the King, yea the inferior Judge, is not to take the life of a man, whom the letter of the Law would condemn; because the Justice of the Law, is the intent and life of the Law: and where nothing is done against the intent of the Law, there is no breach of any Law.
12. There is a dispensation of law and justice, not flowing from any Prerogative, but from the true intent of the Law. And thus the King, yea the inferiour Judge, is not to take the life of a man, whom the letter of the Law would condemne; because the Justice of the Law, is the intent and life of the Law: and where nothing is done against the intent of the Law, there is no breach of any Law.