A57975:360
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.
4. The Master might in some cases sell the servant for money, yea for his own gain •e might do it, Nehem. 5.8. Eccles. 2.7. 1 King. 2.32. Gen. 9.25. Gen. •6.14. 2 King. 4.1. Gen. 20.14. and might give away his servants; and the servants were the proper goods and riches of the master, Eccles. 2.7. Gen. 30.43. Gen. 20.14. Job. 1.3.15. But the King may not sell his Kingdom or Subjects, or give them away for money, or any other way; for Royalists grant that King to be a Tyrant, and worthy to be dethroned, who shall sell his people: for the King may not dilapidate the rents of the Crown, and give them away to the hurt and prejudice of his successors, L. ult. Sect. sed nostr. C. Comment. de lege, l. peto. 69. Sect. fratrem de lege, 2. l. 32. ultimo. D. T. and far less can he lawfully sell men, and give away a whole Kingdom to the hurt of his successors, for that were to make merchandise of the living Temples of the Holy Ghost. And Arnisaeus, de authorit. Princip. c. 3. n. 7. saith, Servitude is praeter naturam, beside nature; he might have said, contrary to nature, l. 5. de stat. homin. Sect. 2. Just. de jur. perso. c. 3. & Novel. 89. but the subjection of subjects is so consonant to nature, that it is seen in Bees and Cranes. Therefore a dominion is defined a faculty of using of things to what uses you will. Now a man hath not this way an absolute dominion over his beasts, to dispose of them at his will; for a good man hath mercy on the life of his beast,