A57975:441
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.
6. Barclay answereth to that, The mean is inferior to the end, it holdeth not, the Tutor and Curator is for the minor, as for the end, 1and given for his good; but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superior to the minor. Ans. 1. It followeth well that the Minor virtually, and in the intention of the Law is more excellent then the Tutor, though the Tutor can exercise more excellent acts then the Pupil, by accident, for defect of age in the Minor, yet he doth exercise those acts with subordination to the Minor, and with correction, because he is to render an account of his doings to the Pupil coming to age: so the Tutor is only more excellent, and superior in some respect, [Greek or Hebrew] but not simply, and so is the King in some respect above the people.
6. Barclay answereth to that, The meane is inferiour to the end, it holdeth not, the Tutor and Curator is for the minor, as for the end, 1and given for his good; but it followeth not that therefore the Tutor in the administration of the minor or Pupils inheritance is not superiour to the minor. Ans. 1. It followeth well that the Minor virtually, and in the intention of the Law is more excellent then the Tutor, though the Tutor can exercise more excellent acts then the Pupill, by accident, for defect of age in the Minor, yet he doth exercise those acts with subordination to the Minor, and with correction, because he is to render an account of his doings to the Pupill comming to age: so the Tutor is only more excellent, and superiour in some respect, 〈non-Latin alphabet〉 but not simply, and so is the King in some respect above the people.
- 16 Rep. Barc. l. 4. con•. Monar•bo. c. 11 pag. 27.