A57975:610
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. The P. Prelate objecteth: The most you claim to Parliaments, is a coordinate power, 1which in law and reason run in equal terms. In Law, par in parem non habet imperium; an equal cannot judge an equal, much less may an inferior usurp to judge a superior. Our Lord knew, gratiâ visionis, the woman taken in adultery, to be guilty; bat he would not sentence her: to teach us, not improbably, not to be both Judge and Witness. The Parliament are Judges, accusers, and witnesses against the King in their own cause, against the Imperial laws.
3. The P. Prelate objecteth: The most you claime to Parliaments, is a coordinate power, 1which in law and reason run in equall tearmes. In Law, par in parem non habet imperium; an equall cannot judge an equall, much lesse may an inferiour usurpeto judge a superiour. Our Lord knew, gratiâ visionis, the woman taken in adulterie, to be guilty; bat he would not s•ntence her: to teach us, not improbably, not to be both Judge and Witnesse. The Parliament are Judges, accusers, and witnesses against the King in their owne cause, against the Imperiall lawes.
- 1Sac. sanct. maj. •. 9 p. 103, 104
Ans. 1. The Parliament is coordinate ordinarily with the King, in the power of making Laws:1 but the coordination on the Kings part, is by derivation; on the Parliaments part, originaliter & fontaliter, as in the fountain. 2. In ordinary there is coordination: but if the King turn Tyrant, the Estates are to use their fountain-power. And that of the Law, Par in parem, &c. is no better from his Pen, that stealeth all he hath, then from Barclaius, Grotius, Arnisaeus, Blackwood, &c. It is cold and sour. We hold the Parliament that made the King at Hebron, to be above their own creature the King. Barclaius saith more accurately, l. 5, cont. Monarch. p. 129. It is absurd, that the People should both be subject to the King, and command the King also.