A57975:757
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. He calleth it not Protestant Religion, either here, or elsewhere; but cautiously giveth a name that will agree to the Roman Catholic Religion: For the Dominicans, Franciscans, and the Parisian Doctors and Schoolmen, following Occham, Gerson, Alma••, and other Papists, call themselves Reformed Catholics. 2. He layeth this for a ground, in 3 or 4 pages, where these same Arguments are again and again repeated in terminis, as his second Reason, p. 149. was handled ad nauseam, p. 148. his 3. Reason is repeated in his 6. Reason, p. 151. He layeth (I say) down this ground, which is the begged Conclusion, and maketh the Conclusion the Assumption, in 8 raw and often repeated Arguments: to wit, That the Parliaments coercing and restraining of Arbitrary power, is rebellion, and resisting the Ordinance of God. But he dare not look the place Rom. 13. on the face: other Royalists have done it with bad success. This I desire to be weighed, and I retort the Prelates argument. ⟨p. 245⟩But it is indeed the trivial Argument of all Royalists, especially of Barclay, obvious in his 3. Book. If Arbitrary and Tyrannical power above any Law that the lawful Magistrate commandeth under the pain of death, (Thou shalt not murder one man) (Thou shalt not take away the vineyard of one Naboth violently) be lawful and warrantable by Gods word; then an Arbitrary power above all Divine laws, is given to the keeping of the Civill Magistrate. And it is no less lawful Arbitrary, or rather Tyrannical power, for David to kill all his Subjects, and to plunder all Jerusalem, (as I believe, Prelates, and Malignants, and Papists would serve the three Kingdoms, if the King should command them) then to kill one Uriah, or for Ahab to spoil one Naboth. The essence of •inne must agree alike to all, though the degrees vary.
2. He calleth it not Protestant Religion, either here, or elsewhere; but cautelously giveth a name that will agree to the Roman Catholique Religion: For the Dominicans, Franciscans, and the Parisian Doctors and Schoolemen, following Occham, Gerson, Alma••, and other Papists, call themselves Reformed Catholiques. 2. He layeth this for a ground, in 3 or 4 pages, where these same Arguments are againe and againe repeated in terminis, as his second Reason, p. 149. was handled ad nauseam, p. 148. his 3. Reason is repeated in his 6. Reason, p. 151. He layeth (I say) down this ground, which is the begged Conclusion, and maketh the Conclusion the Assumption, in 8 raw and often repeated Arguments: to wit, That the Parliaments coercing and restraining of Arbitrarie power, is rebellion, and resisting the Ordinance of God. But he dare not looke the place