A57975:804
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.
3. Queritur, If in that case in which the King is captived, imprisoned, and not sui juris, and awed or over-awed by bloody Papists, and so is forced to command a barbarous and unjust War; and if being distracted Physically or Morally through wicked Counsel, he command that which no father in his sober wits would command, even against Law and Conscience, That the sons should yield obedience and subjection to him, in maintaining with lives and goods, a bloody Religion, and bloody Papists: If in that case, the King may not be resisted in his person, because the power lawful ⟨p. 260⟩and the sinful person cannot be separated? We hold the King using, contrary to the oath of God, and his Royal Office, violence in killing against Law and Conscience his Subjects, by bloody Emissaries, may be resisted by defensive Wars, at the commandment of the Estates of the Kingdom.
3. Queritur, If in that case in which the King is captived, imprisoned, and not sui juris, and awed or over-awed by bloody Papists, and so is forced to command a barbarous and unjust War; and if being distracted Physically or Morally through wicked Counsell, he command that which no father in his sober wits would command, even against Law and Conscience, That the sons should yeild obedience and subjection to him, in maintaining with lives and goods, a bloody Religion, and bloody Papists: If in that case, the King may not be resisted in his person, because the power lawfull ⟨p. 260⟩and the sinfull person cannot be separated? We hold the King using, contrary to the oath of God, and his Royall Office, violence in killing against Law and Conscience his Subjects, by bloody Emissaries, may be resisted by defensive Wars, at the commandment of the Estates of the Kingdom.
1But before I produce Arguments, to prove the lawfulness of resistance, a little of the case of resistance. 1. Doct. Ferne, part. 3. sect. 5. pag. 39. granteth resistance by force to the King to be lawful. 1. When the assault is sudden. 2. Without colour of a Law, and Reason. 3. Inevitable. But if Nero burn Rome, he hath a colour of Law and Reason; yea, if all Rome, and his mother, in whose Womb he lay, were one neck. A man who will with reason go mad, hath colour of Reason, and so of Law, to invade and kill the innocent.