A57975:712
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.
2. It is the Law, Imperator L. 4. digna v•x. C. de lege & tit. Quod quisque juris in alium statuit, eodem & ipse utatur. Julius Caesar commanded the youth who had deflowered the Emperors daughter, to be scourged, above that which the Law allowed. The youth said to the Emperor,1 Dixisti legem Caesar; You appointed the Law, Caesar. The Emperor was so offended with himself, that he had failed against the Law, that for the whole day he refused to taste meat.
2. It is the Law, Jmperator L. 4. digna v•x. C. de lege & tit. Quod quisque juris in alium statuit, eodem & ipse utatur. Iulius Caesar commanded the youth who had defloured the Emperours daughter, to be scourged, above that which the Law allowed. The youth said to the Emperour,1 Dixisti legem Caesar; You appointed the Law, Caesar. The Emperor was so offended with himself, that he had failed against the Law, that for the whole day he refused to taste meat.
- 1Plutarch in Apoth•g. l. 4.
Assert. 5. The King cannot but he subject to the coactive power of Fundamental Laws: 1Because this is a Fundamental Law, that the free Estates lay upon the King, that all the power that they give to the King as King, is for the good and safety of the people; and so what he doth to the hurt of his subjects, he doth it not as King.
Assert. 5. The King cannot but he subject to the coactive power of Fundamentall Laws: 1