A57975:722
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.
The assumption is evident: for then the King, turning Tyrant, might ⟨p. 236⟩set an Army of Turks, 1Jews, cruel Papists, to destroy the Church of God, without all fear of L•w or punishment. Yea, this is contrary to the doctrine of Royalists: for, Winzetus adversus Buchana•um, p. 275. s•ith of Nero, that he seeking to destroy the Senate and people of Rom•, and seeking to m•ke new laws for himself, excidit jure Regni, lost right to the Kingdom. And Barclaius advers. Monarcho-Machous, l. 3. c. ult. p. 212, 213. saith, A Tyrant, such as Caligula, spoliare see jure Regni, spoileth himself of the right to the Crown.2 And in that same place: Regem, si regnum suum alienae ditioni manciparit, regno cadere: If the King sell his Kingdom, he loseth the title to the Crown. Grotius de jure belli & pacis, l. 1. c. 4. n. 7, Si Rex hostili animo in totius populi exitium feratur, amittit regnum: If he turn Enemy to the Kingdom, for their destruction, he loseth his Kingdom, because (saith he) Voluntas imperandi, & voluntas perdendi, simul consistere non possunt: A will or mind to govern, and to destroy, cannot consist together in one. Now if this be true, that a King turning Tyrant, loseth title to the Crown; this is either a falling from his Royal title only in Gods court; or it is a losing of it before men, and in the court of his Subjects. If the former be said, 1. He is no King, having before God lost his Royal title: and yet the people is to obey him as the Minister of God, and a power from God, when as he is no such thing. 2. In vain do these Authors provide remedies to save the people from a Tyrannous waster of the people, if they speak of a Tyrant who is no King in Gods court only, and yet remaineth a King to the people in regard of the Law: for the places speak of Remedies that God hath provided against Tyrants cum titulo, such as are lawful Kings, but turn Tyrants. Now by this they provide no remedy at all, if only in Gods court, and not in Mans court also, a Tyrant lose his title. As for Tyrants sine titulo, such as usurp the throne, and have no just claim to it: Barclaius adver. Monarcho-Ma. l. 4. c. 10. p. 268. saith, Any private man may kill him, as a public enemy of the State: but if he lose his title to the Crown in the court of Men, then is there, 1 a Court on Earth to judge the King, and so he is under the coactive power of a Law. 2.