A57975:778
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.
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.
For this Public, the Law hath one fundamental rule, Salus populi, like the King of Planets the Sun, which lendeth Star-light to all Laws, and by which they are exponed; whatever interpretation swerveth either from fundamental Laws of policy, or from the Law of Nature,1 and the Law of Nations, and especially from the safety of the public, is to be rejected as a perverting of the Law: and therefore, Conscientia humani generis, the natural conscience of all men, to which the oppressed people may appeal unto, when the King expoundeth a Law unjustly, at his own pleasure, is the last rule on earth, for exponing of Laws. Nor ought Laws to be made so obscure, as an ordinary wit cannot see their connection with fundamental truths of policy, and the safety of the people, and therefore I see no inconvenience, to say that, The Law it self is Norma & regula juduicandi, the Rule and directory to square the Judge, and that the Judge is the public practical▪ interpreter of the Law▪
For this Publicke, the Law hath one fundamentall rule, Salus populi, like the King of Planets the Sunne, which lendeth Star-light to all Lawes, and by which they are exponed; whatever interpretation swarveth either from fundamentall Lawes of policy, or from the Law of Nature,1 and the Law of Nations, and especially from the safety of the publick, is to be rejected as a perverting of the Law: and therefore, Conscientia humani generis, the naturall conscience of all men, to which the oppressed people may appeale unto, when the King exponeth a Law unjustly, at his owne pleasure, is the last rule on earth, for exponing of Lawes. Nor ought Lawes to be made so obscure, as an ordinary wit cannot see their connexion with fundamentall truths of policy, and the safety of the people, and therefore I see no inconvenience, to say that, The Law it selfe is Norma & regula juduicandi, the Rule and directory to square the Iudge, and that the Iudge is the publicke practicall▪ interpreter of the Law▪
- 1A Rule to expone Laws.