A57975:693
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.
Lex, Rex. › Question 26: QUEST. XXVI. Whether the King be above the Law or no?
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.
QUEST. XXVI. Whether the King be above the Law or no?
1WE may consider the question of the Laws supremacy over the King, either in the supremacy of constitution of the King, 2. or of direction, or 3. of limitation, or 4. of coaction and punishing. Those who maintain this, [The King is not subject to the Law] if their meaning be [The King as King is not subject to the Laws direction] They say nothing;2 for the King as the King is a living Law; then they say [The Law is not subject to the Laws direction] a very improper speech; or, The King as King, is not subject to the coaction of the Law; that is true, for he who is a living Law, as such, cannot punish himself, as the Law saith.
1WE may consider the question of the Laws supremacie over the King, either in the supremacie of constitution of the King, 2. or of direction, or 3. of limitation, or 4. of coaction and punishing. Those who maintain this, [The King is not subject to the Law] if their meaning be [The King as King is not subject to the Laws direction] They say nothing;2 for the King as the King is a living Law; then they say [The Law is not subject to the Laws direction] a very improper speech; or, The King as King, is not subject to the coaction of the Law; that is true, for he who is a living Law, as such, cannot punish himself, as the Law saith.
- 1The Law above the King in four considerations.
- 2The meaning of this [The King is not subject to the Law] The Law above the King in supremacy of constitution