A57975:806
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. Arnisaeus saith, If the Magistrate proceed extra-judicialiter, without order of Law by violence, the Laws giveth every private man power to resist, if the danger be irrecoverable; yea, though it be recoverable. L. prohibitum, C. de jur. fisc. l. quemadmodum. 39. §. Magistratus ad l. Aquil. l. nec Magistratibus, 232. de injur. Because while the Magistrate doth against his office, he is not a Magistrate, for Law and right, not injury, should come from the Magistrate. L. meminerint. 6. C. unde vi. Yea, if the Magistrate proceed judicially, and the loss be irrecoverable. Jurists say, That a private man hath the same Law to resist, Marantius, dis. 1. n. 35. And in a recoverable loss, they say, every man is holden to resist, si evidenter constet de iniquitate; If the iniquity be known to all, D. D. Jason. n. 19. dec. n. 26. ad l. ut vim de just. & jur.
12. Arnisaeus saith, If the Magistrate proceed extra-judicialiter, without order of Law by violence, the Laws giveth every private man power to resist, if the danger be irrecoverable; yea, though it be recoverable. L. prohibitum, C. de jur. fisc. l. quemadmodum. 39. §. Magistratus ad l. Aquil. l. nec Magistratibus, 232. de injur. Because while the Magistrate doth against his office, he is not a Magistrate, for Law and right, not injury, should come from the Magistrate. L. meminerint. 6. C. unde vi. Yea, if the Magistrate proceed judicially, and the losse be irrecoverable. Jurists say, That a private man hath the same Law to resist, Marantius, dis. 1. n. 35. And in a recoverable losse, they say, every man is holden to resist, si evidenter constet de iniquitate; If the iniquity be known to all, D. D. Iason. n. 19. dec. n. 26. ad l. ut vim de just. & jur.
- 1De author. Princ. c. 2. n. 10.
- 2Royalists hold it lawful to resist an inferior Judge.Royalists hold it lawfull to resist an inferiour Iudge.