A57975:770
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.
Answ. All this is beside the question, and proveth nothing less, then that Peers and Community, may not resume their power to curb an Arbitrary power: For in the first case, there is neither Arbitrary, nor lawful supreme Judge. 2. If the first prove any thing, it proveth, That it was rebellion in the inferior Judges▪ and Community of Israel, to fight against foreign Kings, not set over them by God; and that offensive wars against any Kings whatsoever, because they are Kings, though strangers, are unlawful. Let Socinians and Anabaptists consider, if the P. Prelate help not them in this, and may prove all wars to be unlawful. 3. He is so Malignant to all inferior Judges, as if they were not powers sent of God, and to all Governors, that are not Kings, and so upholders of Prelates, and of himself as he conceiveth, that by his arguing, he will have all deliverance by Kings only, the only lawful means in ordinary providence: and so Aristocracy and Democracy except in Gods extraordinary providence, and by some divine dispensation must be extraordinary, and ordinarily unlawful 2. The Acts of a State, when a King is dead, and they choos• another, shall be an Anticipating of Gods providence. 3. If the King be a child, a captive, or distracted, and the Kingdom oppressed with Malignants, they are to wait, while God immediately from Heaven, create a King to them, as he did Saul long ago. But have we now Kings immediately sent as Saul was? 1. How is the spirit of Prophecy and Government infused in them, as in King Saul? Or are they by prophetical inspiration, anointed as David was: I conceive their calling to the throne on Gods part, do differ as much from the calling of Saul and David, in some respect, as the calling of ordinary Pastors, who must be gifted by industry and learning, and called by the Church, and the calling of Apostles. ⟨p. 249⟩4. God would deliver his people from Babylon, by moving the heart of Cyrus immediately, the people having no hand in it, not so much as supplicating Cyrus. Ergo, The People and Peers who made the King, cannot curb his Tyrannical power, if he make captives and slaves of them, as the Kings of Chaldea made slaves of the people of Israel. What? Because God useth another mean. Ergo, This mean is not lawful. It followeth in no sort;
Answ. All this is beside the question, and proveth nothing lesse, then that Peers and Communitie, may not resume their power to curbe an Arbitrary power: For in the first case, there is neither Arbitrary, nor lawfull supreme Iudge. 2. If the first prove any thing, it proveth, That it was rebellion in the inferiour Iudges and Communitie of Israel, to fight against forraign Kings, not set over them by God; and that offensive wars against any Kings whatsoever, because they are Kings, though strangers, are unlawfull. Let Socinians and Anabaptists consider, if the P. Prelate help not them in this, and may prove all wars to be unlawfull. 3. He is so Malignant to all inferiour Iudges, as if they were not powers sent of God, and to all Governours, that are not Kings, and so upholders of Prelates, and of himself as he conceiveth, that by his arguing, he will have all deliverance by Kings onely, the onely lawfull means in ordinary providence: and so Aristocracy and Democracy except in Gods extraordinary providence, and by some divine dispensation must be extraordinary, and ordinarily unlawfulh 2. The Acts of a State, when a King is dead, and they choos another, shall be an Anticipating of Gods providence. 3. If the King be a childe, a captive, or distracted, and the Kingdom oppressed with Malignants, they are to waite, while God immediately from Heaven, create a King to them, as he did Saul long ago. But have we now Kings immediately sent as Saul was? 1. How is the spirit of Prophecie and Government infused in them, as in King Saul? Or are they by propheticall inspiration, anointed as David was: I conceive their calling to the throne on Gods part, do differ as much from the calling of Saul and David, in some respect, as the calling of ordinary Pastors, who must be gifted by industry and learning, and called by the Church, and the calling of Apostles.