A57975:563
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.
P. Prelate. It is a poor shift to acknowledge no more for the Royal Prerogative, then the Municipal Law hath determined, as some smatterers in the Law say. They cannot distinguish betwixt a Statute Declarative, and a Statute Constitutive: but the Statutes of a Kingdom do declare only, what is the Prerogative Royal, but do not constitute or make it, God Almighty hath by himself constituted it: It is laughter to say, the Decalogue was not a Law, till God wrote it.
P. Prelate. It is a poor shift to acknowledge no more for the Royall Prerogative, then the Municipall Law hath determined, as some smatterers in the Law say. They cannot distinguish betwixt a Statute Declarative, and a Statute Constitutive: but the Statutes of a Kingdom do declare onely, what is the Prerogative Royall, but do not constitute or make it, God Almightie hath by himself constituted it: It is laughter to say, the Decalogue was not a Law, till God wrote it.
Answ. Here a profound Lawyer calleth all smatters in the Law, who cannot say, that non ens, a Prerogative Royal, that is, a power contrary to God and mans Law, to kill and destroy the innocent, came not immediately down from Heaven: but I profess my self no Lawyer, but do maintain against the Prelate, that no Municipal Law can constitute a power to do ill; nor can any Law, either justly constitute, or declare such a fancy as a Prerogative Royal; so far is it from being like the Decalogue, that is, a Law before it be written, that this Prerogative is neither Law, before it be written, nor after Court Placebo's have written for it: for it must be eternal as the Decalogue, if it have any blood from so noble a house. 2. In what Scripture hath God Almighty spoken of a fancied Prerogative Royal?
Answ. Here a profound Lawyer calleth all smatters in the Law, who cannot say, that non ens, a Prerogative Royall, that is, a power contrary to God and mans Law, to kill and destroy the innocent, came not immediately down from Heaven: but I professe my self no Lawyer, but do maintain against the Prelate, that no Municipall Law can constitute a power to do ill; nor can any Law, either justly constitute, or declare such a fancie as a Prerogative Royall; so far is it from being like the Decalogue, that is, a Law before it be written, that this Prerogative is neither Law, before it be written, nor after Court Placebo's have written for it: for it must be eternall as the Decalogue, if it have any blood from so noble a house. 2. In what Scripture hath God Almightie spoken of a fancied Prerogative Royall?