A57975:993
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.
QUEST. XXXVI. Whether the power of War be only in the King?
QUEST. XXXVI. Whether the power of Warre be onely in the King?
IT is not hard to determine this question: The Sword in a constitute Common-wealth is given to the Judge supreme, or subordinate, Rom. 13.4. He beareth not the sword in vain, in the Empire; the use of Armour is restricted to the Emperor by a positive Law; so the Law saith, Armorum officia nisi jussu Principis sunt interdi••a, lib. de Cod. de Lege. 1. Imperat Valentinian. nulli, nobis inconsultis, usus armorum tribuatur, ad 1. Jul. Mai. l. 3. War is a species, and a particular, the sword is a general.
IT is not hard to determine this question: The Sword in a constitute Common-wealth is given to the Judge supreme, or subordinate, Rom. 13.4. He beareth not the sword in vaine, in the Empire; the use of Armour is restricted to the Emperour by a positive Law; so the Law saith, Armorum officia nisi jussu Principis sunt interdi••a, lib. de Cod. de Lege. 1. Imperat Valentinian. nulli, nobis inconsultis, usus armorum tribuatur, ad 1. Jul. Mai. l. 3. Warre is a species, and a particular, the sword is a generall.