A57975:785
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.
12. The Kings absolute pleasure can no more be the genuine sense of a just Law,2 then his absolute pleasure can be a Law, because the genuine sense of the Law is the Law it self, as the formal essence of a thing differeth not really, but in respect of reason from the thing it self. The Pope and Romish Church cannot put on the Scripture, Ex plenitudine potestatis, what ever meaning they will, no more then they can, out of absolute power, make Canonic Scripture. Now so it is, that the King by his absolute power cannot make Law no Law.
12. The Kings absolute pleasure can no more be the genuine sense of a just Law,2 then his absolute pleasure can be a Law, because the genuine sense of the Law is the Law it selfe, as the formall essence of a thing differeth not really, but in respect of reason from the thing it selfe. The Pope and Romish Church cannot put on the Scripture, Ex plenitudine potestatis, what ever meaning they will, no more then they can, out of absolute power, make Canonicke Scripture. Now so it is, that the King by his absolute power cannot make Law no Law.
- 1Argum. 2.
- 2The Will of the King is not the sense of the Law.
11. Because he is King by, or according to Law, but he is not King of Law. Rex est Rex secundum legem, sed non est Dominus & Rex legis.
- 1