A57975:535
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.
12. There is a dispensation of law and justice, not flowing from any Prerogative, but from the true intent of the Law. And thus the King, yea the inferior Judge, is not to take the life of a man, whom the letter of the Law would condemn; because the Justice of the Law, is the intent and life of the Law: and where nothing is done against the intent of the Law, there is no breach of any Law.
12. There is a dispensation of law and justice, not flowing from any Prerogative, but from the true intent of the Law. And thus the King, yea the inferiour Judge, is not to take the life of a man, whom the letter of the Law would condemne; because the Justice of the Law, is the intent and life of the Law: and where nothing is done against the intent of the Law, there is no breach of any Law.
- 1A dispensation, 1. of sole pleasure, 2. of justice, 3. of grace.A dispensation, 1. of sole pleasure, 2. of •ustice, 3. of grace.
The Third is not unlike unto the Second, when the King expoundeth the Law by Grace:1 and this is twofold; 1. Either when he expoundeth it of his wisdom and merciful nature, inclined to mercy and justice; yet according to the just intent, native sense and scope of the Law, considering the occasion, circumstances of the fact, and comparing both with the Law: and this dispensation of grace I grant to the King; As when the tribute is great, and the man poor, the King may dispense with the custom. 22. The Law saith, In a doubtful case the Prince may dispense, because it is presumed, the Law can have no sense against the principal sense and intent of the Law.