A57975:540
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.
3. If the King from any supposed prerogative Royal, may do acts of mere grace, without any warrant of Law, because he is above Law, by office: then also may he do acts of mere rigorous Justice, and kill and destroy the innocent, out of the same supposed ⟨p. 196⟩Prerogative;1 For Gods word equally tieth him to the place of a mere minister in doing good, as in executing wrath on evil doers, Rom. 13.3, 4. And reason would say, he must be as absolute in the one, as in the other, seeing God tieth him to the one, as to the other, by his office and place: yea by this, acts of Justice to ill-doers, and acts of reward to well-doers, shall be arbitrary morally, and by virtue of office to the King, and the word Prerogative Royal saith this; for the word Prerogative is a supreme power absolute, that is loosed from all Law, and so from all reason of Law, and depending on the Kings mere and naked pleasure and will; and the word Royal or Kingly, is an Epithet of office, and of a Judge, a created and limited Judge, and so it must tie this supposed Prerogative to Law, Reason, and to that which is debitum legal officii, and a legal duty of an office; and by this our masters the Royalists make God to frame a rational creature, which they call a King, to frame acts of Royalty, good and lawful, upon his own mere pleasure, and the super-dominion of his will, above a Law and Reason. And from this it is that deluded Counsellors, made King James (a man not of shallow understanding) and King Charles, to give pardons to such bloody murderers, as James a Grant, and to go so far on, by this supposed Prerogative Royal, that King Charles in Parliament at Edinburgh, 1633. did command an high point of Religion, That Ministers should use in officiating in Gods service, such Habits and Garments as he pleaseth; that is, all the Attire and Habits of the idolatrous Mass-Priests, that the Romish Priests of Baal useth in the oadest point of idolatry (the adoring of Bread) that the earth has; and by this Prerogative, the King commanded the Service Book in Scotland, An. 1637. without or above Law and Reason.2 And I desire any man to satisfy me in this, If the Kings Prerogative Royal, may over-leap Law and Reason in two degrees, and if he may as King, by a Prerogative Royal, command the body of Popery in a Popish Book;