A57975:605
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.
5. The Civil law is clear, that the laws of the Emperor have force only from this fountain, because the People have transferred their power to the King. Lib. 1. digest. tit. 4. de constit. Princip. leg. 1. sic Ulpian. Quod Principi placuit, (loquitur de Principe formaliter, qua Princeps est, non qua est homo) legis habet vigorem, utpote cum lege ⟨p. 209⟩Regia, quae de imperio ejus lata est. populus ei, & in eum, omne suum imperium & potestatem conferat. Yea, the Emperor himself may be convened before the Prince Elector. Aurea Bulla Carol. 4. Imper. c. 5. The King of France may be convened before the Senate of Paris. The States may resist a Tyrant, as Bossius saith, de Principe, & privileg. jus, n. 55. Paris de puteo, ju tract. syno. tit. de excess. Reg. c. 3. Divines acknowledge that Elijah rebuked the halting of Israel betwixt God and Baal, that their Princes permitted Baals Priests to converse with the King. And is not this the sin of the Land, that they suffer their King to worship Idols? and therefore the Land is punished for the sins of Manasseh, as Knox observeth in his Dispute with Lethington, where he proveth that the States of Scotland should not permit the Queen of Scotland to have her abominable Mass: Hist. of Scotland, l. 4. p. 379. edit. an. 1644. Surely the power or Sea-Prerogative of a sleepy or mad Pilot to split the ship on a rock, as I conceive, is limited by the Passengers.1 Suppose a father, in a distemper, would set his own house on fire, and burn himself, and his ten sons; I conceive, his Fatherly prerogative, which neither God nor Nature gave, should not be looked to in this; but they may bind him. Yea, Althusius, polit. c. 39. n. 60. answering that, That in Democracy the people cannot both command and obey; saith, It is true, secundum ideus, ad idem, & eodem tempore: But the people may (saith he) choose Magistrates by succession. Yea, I say, 1. they may change Rulers yearly, to remove envy: A yearly King were more dangerous, the King being almost above envy; Men incline more to flatter then to envy Kings. 2. Aristotle saith, polit. l. 4. c. 4. l. 6. c. 2. The people may give their judgement of the wisest.
5. The Civil law is cleare, that the laws of the Emperor have force only from this fountaine, because the People have transferred their power to the King. Lib. 1. digest. tit. 4. de constit. Princip. leg. 1. sic Vlpian. Quod Principi placuit, (loquitur de Principe formaliter, qua Princeps est, non qua est homo) legis habet vigorem, utpote cum lege