A57975:705
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.
1. Because there is no absolute power given to him to do what he listeth, as a man. And because,
2. God, in making Saul a King, doth not by any Royal stamp give him a power to sin, or to play the Tyrant; for which cause I expone these of the Law, Omnia sunt possibilia Regi, 1Imperator omnia potest. Baldus in §. F. de no. for. fidel. in F. & in prima constitut. C. col. 2. Chassanaeus in Catalogue. gloriae mundi. par. 5. considerat. 24. & tanta est ejus celsitudo, ut non posset ei imponi lex in regno suo. Curt. in consol. 65. col. 6. ad. F. Petrus Rebuff. Notab. 3. repet. l. unicae. C. de sentent. quae pro eo quod nu. 17. pag. 363. All these go no otherwise but thus, The King can do all things which by Law he can do, and that holdeth him: id possumus quod jure possumus. ⟨p. 232⟩And therefore the King cannot be above the Covenant and Law made betwixt him and his people, at his Coronation-oath; for then the Covenant and Oath should bind him only, by a natural obligation, as he is a man, not by a civil or politic obligation, as he is a King.
2. God, in making Saul a King, doth not by any Royall stamp give him a power to sin, or to play the Tyrant; for which cause I expone these of the Law, Omnia sunt possibilia Regi, 1Imperator omnia potest. Baldus in §. F. de no. for. fidel. in F. & in prima constitut. C. col. 2. Chassanaeus in Catalog. gloriae mundi. par. 5. considerat. 24. & tanta est ejus celsitudo, ut non posset ei imponi lex in regno suo. Curt. in consol. 65. col. 6. ad. F. Petrus Rebuff. Notab. 3. repet. l. unicae. C. de sentent. quae pro eo quod nu. 17. pag. 363. All these go no otherwise but thus, The King can do all things which by Law he can do, and that holdeth him: id possumus quod jure possumus. ⟨p. 232⟩