A57975:881
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.
if one fall, his fellow in that exigence is not only not obliged to lift him up, but he and the rest flying, ⟨p. 334⟩though they trample on him and kill him, they are not guilty of murder, seeing they hated him not before. Deut. 19.4.6. so Chemnit. loc. com. de vindic. q. 3. alloweth private defence. 1. When the violence is sudden, And the 2. Violence manifestly inevitable. 3. When the Magistrate is absent and cannot help. 4. When moderation is kept as Lawyers require. 1. That it be done incontinent, if it be done after the injury, it is revenge, not defence. 2. Not of Desire of revenge. 3. With proportion of armour. If the violent invader invade not with deadly weapons, you must not invade him with deadly weapons, and certainly the law, Exod. 22. of a mans defending his house is clear. 1. If he come in the night, it is presumed he is a robber. 2. If he be taken with a weapon breaking the house, he cometh to kill, a man may defend himself, wife, and children, but he is 3. but to wound him, and if he die of the wound, the defender is free, so the defender is not to intend his death, but to save himself.
if one fall, his fellow in that exigence is not onely not obliged to lift him up, but he and the rest flying, ⟨p. 334⟩though they trample on him and kill him, they are not guilty of murther, seeing they hated him not before. Deut. 19.4.6. so Chemnit. loc. com. de vindic. q. 3. alloweth private defence. 1. When the violence is suddaine, And the 2. Violence manifestly inevitable. 3. When the Magistrate is absent and cannot help. 4. When moderation is kept as Lawyers require. 1. That it be done incontinent, if it be done after the injury, it is revenge, not defence. 2. Not of Desire of revenge. 3. With proportion of armor. If the violent invader invade not with deadly weapons, you must not invade him with deadly weapons, and certainly the law, Exod. 22. of a mans defending his house is clear. 1. If he come in the night, it is presumed he is a robber. 2. If he be taken with a weapon breaking the house, he cometh to kill, a man may defend himself, wife, and children, but he is 3. but to wound him, and if he die of the wound, the defender is free, so the defender is not to intend his death, but to save himself.