A57975:561
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.
Ans. Aristocracy is no less an ordinance of God, then Royalty, for Rom. 13.1. and 1 Tim. 2.1. All in Authority are to be acknowledged as Gods Vice-gerents, the Senate, the Consuls as well as the Emperor: And so one ordinance of God cannot weaken another, nor can any but by a lawless Animal say, Aristocracy bordereth with confusion; but he must say, Order and Light are sister Germans to confusion and darkness. 2, Though Zedekiah, a man void of God, were over-awed with his Nobles, and so could not help Jeremiah; it followeth not, that because Kings may not do this and this good, therefore they are to be invested with power to do all ill: if they do all the good that they have power to do, they'll find way to help the oppressed Jeremiahs: and because power to do both good and evil is given by the Devil to our Scottish Witches, its a poor consequent, that the States should give to the King power absolute to be a Tyrant.1 3. A State must give a King more power then ordinary, especially to execute Laws, which requireth singular wisdom, when a Prince cannot always have his great Counsel about with him to advise him. But, 1. That is power borrowed, and by loan, and not properly his own; and therefore, it is no sacrilege in the States, to resume what the King hath by a fiduciary Title, and borrowed from them. 2. This power was given to do good, not evil. David had power over Joab, to punish him for his murder, but he executed it not upon carnal fears, and abused his power to kill innocent Uriah, which power neither God nor the States gave him. But how proveth he the States took power from David, or that Joab took power from David, to put to death a murderer, that I see not. 3. If Princes power to do good, be taken from them, they may resume it, when God giveth opportunity; But this is to the Prelate Perjury, that the people by Oath give away their power to their King, and resume it when he abuseth ⟨p. 204⟩it to Tyranny: But it is no perjury in the King to resume a taken away power, which if it be his own, is yet lis sub judice, a great controversie, Quod in Cajo licet, in Nevio non licet. So he teacheth the King, That Perjury and Sacrilege is lawful to him. If Princes power to do ill, and cut the whole Land off, as one neck (which was the wicked desire of Caligula) be taken from them by the States. I am sure, 1.