A57975:813
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. There is not a stricter Obligation Moral betwixt King and people, then betwixt Parents and Children, Master and servant,1 Patron and Clients, Husband and Wife, the Lord and the Vassal; between the Pilot of a Ship and the Passengers, the Physician and the sick, the Doctor and the scholars: but the Law granteth l. Minime 35. De Relig. & sumpt. funner. If these betray their trust committed to them▪ they may be resisted; if the father turn distracted, and arise to kill his sons, his sons may violently apprehend him, and ⟨p. 262⟩bind his hands, and spoil him of his Weapons: for in that he is not a father, Vasquez, Lib. 1. Illustr. question. c. 8. n. 18. Si dominus subditum enormiter & atrociter oneraret, princeps superior vassallum posset ex toto e•imere a sua jurisdictione, & etiam tacente subdito & nihil petente. Quid papa in suis decis. Parliam. grat. decis. 62. si quis Baro. abutentes dominio privari possunt. The servant may resist the Master, if he attempt unjustly to kill him; so may the Wife do to the Husband: if the Pilot should wilfully run the ship on a Rock to destroy himself and his Passengers, they might violently thrust him from the Helm. Every Tyrant is a furious man, and is morally distracted, as Althusius saith, Politi. c. 28. n. 30. & seq.
3. There is not a stricter Obligation Morall betwixt King and people, then betwixt Parents and Children, Master and servant,1 Patron and Clients, Husband and Wife, the Lord and the Vassell; between the Pilot of a Ship and the Passengers, the Physitian and the sick, the Doctor and the schollars: but the Law granteth l. Minime 35. De Relig. & sumpt. funer. If these betray their trust committed to them▪ they may be resisted; if the father turne distracted, and arise to kill his sonnes, his sonnes may violently apprehend him, and ⟨p. 262⟩bind his hands, and spoile him of his Weapons: for in that he is not a father, Vasquez, Lib. 1. Illustr. question. c. 8. n. 18. Si dominus subditum enormiter & atrociter oneraret, princeps superior vassallum posset ex toto eimere a sua jurisdictione, & etiam tacente subdito & nihil petente. Quid papa in suis decis. Parliam. grat. decis. 62. si quis Baro. abutentes dominio privari possunt. The servant may resist the Master, if he attempt unjustly to kill him; so may the Wife doe to the Husband: if the Pilot should wilfully run the ship on a Rock to destroy himselfe and his Passengers, they might violently thrust him from the Helme. Every Tyrant is a furious man, and is morally distracted, as Althusius saith, Politi. c. 28. n. 30. & seq.