A57975:537
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.
But there is another dispensation that Royalists do plead for, and that is, a power in the King, ex mera gratia absolutae potestatis regalis; Out of mere grace of absolute Royal power, to pardon crimes, which Gods law saith, should be punished by death. Now this they call a power of Grace; but it is not a power of mere Grace.
But there is another dispensation that Royalists doe plead for, and that is, a power in the King, ex mera gratia absolutae potestatis regalis; Out of meere grace of absolute Royall power, to pardon crimes, which Gods law saith, should be punished by death. Now this they call a power of Grace; but it is not a power of meere Grace.
But, 1. Though Princes may do some things of Grace, yet not of mere Grace: because, what Kings do, as Kings, and by virtue ⟨p. 195⟩of their Royal office, that they do ex debito officii, 1by debt and right of their office; and that they cannot but do, it not being arbitrary to them to do the debtfull acts of their office: But what they do of mere grace, that they do as good men, and not as Kings: and that they may not do. As for example: Some Kings, out of their pretended prerogative, have given four pardons to one man, for four murders: Now this the King might have left undone without sin; But of mere grace he pardoned the murderer, who killed four men. But the truth is, the King killed the three last; because he hath no power in point of Conscience, to dispute with blood, Num. 35.31. Gen. 9.6. These pardons are acts of mere grace to one man; but acts of blood to the Community.
But, 1. Though Princes may doe some things of Grace, yet not of meere Grace: because, what Kings doe, as Kings, and by vertue ⟨p. 195⟩