A57975:677
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.
This supreme Law (saith the Prelate) is not above the Law of Prerogative Royal, the highest Law, nor is Rex above Lex. The Democracy of Rome had a supremacy above Laws, to make and unmake Laws: and will they force this power on a Monarch, to the destruction of Sovereignty?
This supreame Law (saith the Prelate) is not above the Law of Prerogative Royall, the highest Law, nor is Rex above Lex. The Democracie of Rome had a supremacie above Lawes, to make and unmake Lawes: and will they force this power on a Monarch, to the destruction of Soveraigntie?
Answ. This, which is stolen from Spalato, Barclay, Grotius, and others,1 is easily answered. The supremacy of People, is a Law of natures self-preservation, above all positive Laws, and above the King; and is to regulate Sovereignty, not to destroy it. 2. If this supremacy of Majesty was in people, before they have a King, then 1. they lose it not by a voluntary choice of a King; for a King is chosen for good, and not for the peoples loss, ergo they must retain ⟨p. 227⟩this power in habit, and potency, even when they have a King. 2. Then supremacy of Majesty is not a beam of Divinity proper to a King only. 3. Then the people having Royal sovereignty virtually in them, make, and so unmake a King, all which the Prelate denieth.
Answ. This, which is stollen from Spalato, Barclay, Grotius, and others,1 is easily answered. The supremacie of People, is a Law of natures selfe-preservation, above all positive Lawes, and above the King; and is to regulate Soveraigntie, not to destroy it. 2. If this supremacie of Maj•stie was in people, before they have a King, then 1. they lose it not by a voluntary choise of a King; for a King is chosen for good, and not for the peoples losse, ergo they must retain