A57975:718
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.
Assert. 7. If a King turn a Parricide, a Lyon, and a waster and destroyer of the people, as a man he is subject to the Coactive power of the Laws of the Land. If any Law should hinder that a Tyrant should not be punished by Law, it must be, because he hath not a superior but God; for Royalists build all upon this, but this ground is false: because the Estates of the Kingdom who gave him the ⟨p. 235⟩Crown, are above him, and they may take away what they gave him; as the Law of Nature and God saith, If they had known he would turn Tyrant, they would never have given him the sword•• and so how much ignorance is in the contract they made with the King, as little of will is in it, and so it is not every way willing, but being conditional is supposed to be against their will. 2. They gave the power to him only for their good, and that they make the King, is clear, 2 Chron. 23.11. 1 Sam. 10.17, 24. Deut. 17.14, 15, 16, 17. 2 King. 11. v. 12. 1 King. 16.21. 2 King. 10.5. Jud. 9.6.2. 2 Chron. 26.18. fourscore valiant men of the Priests withstood Uzziah in a corporal violence, and thrust him out, and cut him off from the house of the Lord. And,
Assert. 7. If a King turne a Paricide, a Lyon, and a waster and destroyer of the people, as a man he is subject to the Coactive power of the Lawes of the Land. If any Law should hinder that a Tyrant should not be punished by Law, it must be, because he hath not a superiour but God; for Royalists build all upon this, but this ground is false: because the Estates of the Kingdome who gave him the ⟨p. 235⟩