A57975:339
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.
15. Arg. If a King because a King were privileged from all covenant obligation to his subjects, then could no Law of men lawfully reach him for any contract violated by him, then he could not be a debtor to his subjects, if he borrowed money from them, and it were utterly unlawful either to crave him money, or to sue him at Law for debts, yet our Civill Laws of Scotland tieth the ⟨p. 93⟩King to pay his debts, as any other man; yea and King Solomons trafficking, and buying and selling betwixt him and his own subjects would seem unlawful; for how can a King buy and sell with his subjects if he be under no covenant obligation to men, but to God only. Yea then a King could not marry a wife, for he could not come under a covenant to keep his body to her only, nor if he committed adultery, could he sin against his wife, because being immediate unto God, and above all obligation to men, he could sin against no covenant made with men, but only against God.
15. Arg. If a King because a King were priviledged from all covenant obligation to his subjects, then could no Law of men lawfully reach him for any contract violated by him, then he could not be a debtor to his subjects, if he borrowed mony from them, and it were utterly unlawfull either to crave him mony, or to sue him at Law for debts, yet our Civill Lawes of Scotland tyeth the ⟨p. 93⟩King to pay his debts, as any other man; yea and King Solomons traffiquing, and buying and selling betwixt him and his owne subjects would seeme unlawfull; for how can a King buy and sell with his subjects if he be under no covenant obligation to men, but to God only. Yea then a King could not marry a wife, for he could not come under a covenant to keepe his body to her only, nor if he committed adultery, could he sin against his wife, because being immediate unto God, and above all obligation to men, he could sin against no covenant made with men, but only against God.
- 1The King could not buy or sell, borrow or contract debt if his covenant with men did not bind him.