A57975:595
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.
Mr. Symmons saith, That Authority is rooted rather in the Prince, 1then in the Law; for as the King giveth Being to the inferior Judge, so he doth to the Law it self, making it authorizable; for propter quod unum-quodque tale, id ipsum magis tale, and therefore the King is greater then the Law: others say, That the King is the Fountain of the Law, and the sole and only Law-giver.
Mr. Symmons saith, That Authoritie is rooted rather in the Prince, 1then in the Law; for as the King giveth Being to the inferiour Iudge, so he doth to the Law it self, making it authorizable; for propter quod unum-quodque tale, id ipsum magis tale, and therefore the King is greater then the Law: others say, That the King is the Fountain of the Law, and the sole and onely Law-giver.
- 1Loyal subjects belief, Sect. 6. p. 19.Loyall subjects belief, Sect. 6. p. 19.
Assert. 1. The Law hath a twofold consideration,1 1. Secundum esse paenale, in relation to the punishment to be inflicted by man. 2. Secundum esse legis, as it is a thing legally good in it self: In the former notion, it is this way true,2 Humane Laws take life and being, in way to be punished, or rewarded by men, from the will of Princes and Law-givers, and so Symmons saith true, Because men cannot punish or reward Laws, but where they are made; and the will of Rulers putteth a sort of stamp on a Law, that it bringeth the Common-wealth under guiltiness, if they break this Law. But this maketh not the King greater then the Law; for therefore do Rulers put the stamp of relation to punishment on the Law, because there is intrinsical worth in the Law, Prior to the Act of the will of Law-givers, for which it meriteth to be enacted; and therefore,