A57975:787
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.
2. Because although it have a good meaning, which Ulpian saith, Quod principi placet legis vigorem habet The Will of the Prince is the Law, yet the meaning is not that any thing is a just Law, because it is the Princes Will, for its rule formally: for it must be good and just before the Prince can will it, and then he finding it so, he puteth the stamp of a humane Law on it▪
2. Because although it have a good meaning, which Vlpian saith, Quod principi placet legis vigorem habet The Will of the Prince is the Law, yet the meaning is not that any thing is a just Law, because it is the Princes Will, for its rule formally: for it must be good and just before the Prince can will it, and then he finding it so, he puteth the stampe of a humane Law on it▪
13. This is the difference between Gods Will, and the will of the King, or any mortal creature. Things are just and good, because God willeth them, especially things positively good (though I conceive it hold in all things) and God doth not will things, because they are good and just; But the creature, be he King, or any never so eminent, do will things, because they are good and just, and the ⟨p. 255⟩Kings willing of a thing, maketh it not good and just: for only Gods will, not the Creatures will, can be the cause why things are good and just. If therefore it be so, it must undeniably hence follow, that the Kings will maketh not a just Law to have an unjust and bloody sense: and he cannot, as King, by any absolute super-dominion over the Law, put a just sense on a bloody and unjust Law.
13. This is the difference between Gods Will, and the will of the King, or any mortall creature. Things are just and good, because God willeth them, especially things positively good (though I conceive it hold in all things) and God doth not will things, because they are good and just; But the creature, be he King, or any never so eminent, doe will things, because they are good and just, and the