A57975:835
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.
Mr. Symmons. Is authority subjected solely in the Kings Law, and no whit in his Person, though put upon him both by God and Man? 1Or, is Authority only the subject; and the Person exercising the Authority, ⟨p. 276⟩a bare accident to that, being in it only more separably, as pride and folly are in a man: Then if one in Authority command, out of his own Will, and not by Law: if I neither actively, nor passively obey, J do not so much as resist abused Authority: and then must the Prince by his disorderly Will have quite lost his authority, and become like another man; and yet his Authority has not fled from him.
Mr. Symmons. Is authoritie subjected solely in the Kings Law, and no whit in his Person, though put upon him both by God and Man? 1Or, is Authoritie only the subject; and the Person exercising the Authoritie, ⟨p. 276⟩a bare accident to that, being in it only more separably, as pride and folly are in a man: Then if one in Authoritie command, out of his own Will, and not by Law: if I neithr actively, nor passively obey, J doe not so much as resist abused Authoritie: and then must the Prince by his disorderly Will have quite lost his authoritie, and become like another man; and yet his Authoritie has not fled from him.
- 1Loyal Subjects belief. pag. 49.Loyall Subiects beliefe. pag. 49.
Ans. If we speak accurately, neither the Man solely, nor his Power only is resisted: but the Man clothed with lawful habitual power, is resisted, in such and such acts flowing from an abused power. 2. It is an ignorant speech, to ask, Is Authority subjected solely in the Kings Law, and no whit in his Person? for the Authority hath all its power by Law, not from the Mans person; The Authority hath nothing from the Person, but a naked inherency in the Person, as in the subject: and the Person is to be honoured for the Authority, not the Authority for the Person. 3. Authority is not so separable from the person, as that for every act of lawless Will, the King loseth his Royal authority, and ceaseth to be King: no, but every act of a King, in so far can claim subjection of the inferior, as the act of commanding and ruling, hath law for it; and in so far as it is lawless, the Person in that act repugnant to Law, loseth all due claim of actual subjection in that act, and in that act, power actual is loosed, as is clear,