A57975:889
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.
The King hath aimed at the destruction of his Subjects, through the power of wicked counsellors, and we are to consider not the intention of the works, but the nature and intention of the work; Papists are in arms, their religion, the Conspiracy of Trent, their conscience (if they have any) their malice against the covenant of Scotland which abjureth their Religion to the full, their ceremonies, their Prelates lead, and necessitate them to root out the name of Protestant, Religion, yea and to stab a King who is a Protestant. Nor is our King remaining a Protestant, and adhering to his oath made at his Coronation in both kingdoms, Lord of his own person, ⟨p. 337⟩master of himself, nor able as King to be a King over Protestant subjects, if the Papists now in arms under his standard, shall prevail.
The King hath aimed at the destruction of his Subjects, through the power of wicked counsellors, and we are to consider not the intenton of the workes, but the nature and intention of the work; Papists are in armes, their religion, the Conspiracy of Trent, their conscience (if they have any) their malice against the covenant of Scotland which abjureth their Religion to the full, their ceremonies, their Prelates lead, and necessitate them to root out the name of Protestant, Religion, yea and to stab a King who is a Protestant. Nor is our King remaining a Protestant, and adhering to his oath made at his Coronation in both kingdomes, Lord of his own person, ⟨p. 337⟩master of himself, nor able as King to be a King over Protestant subjects, if the Papists now in armes under his standard, shall prevail.
The King hath been comp•lled to go against his own oath and the Laws which he did swear to maintain: The Pope sendeth to his popish armies both dispensations, bulls, mandates, encouragements: The King hath made a cessation with the bloody Irish, and hath put arms in the hands of Papists. Now he being under the oath of God, tied to maintain the Protestant Religion, he hath a metaphysically subtle, piercing faith of miracles, who believeth armed Papists, and Prelates shall defend Protestants, their Religion, and these who have abjured Prelates as the lawful sons of the Pope, that [Greek or Hebrew], and as the law saith, Quilibet in dubio praesumitur bonus. L. merito praesumi. L. non omnes § à Barbaris de re milit. Charity believeth not ill: So Charity is not a fool to believe all things. So saith the Law, Semel malus, semper praesumitur malus, in eodem genere. C. semel malus de jure gentium in 6. Once wicked is always wicked in that kind. Marius Salamonius I. C. in L. ut vim atque injuriam ff. de just. & jure. We are not to wait on strokes, the terror of armour, omnium consensu, by consent of all is sufficient. n. 3. If I see (saith he) the enemy take an arrow out of the Quiver, before he bend the bow, it is lawful to prevent him with a blow—cunctatio est periculosa. The Kings coming with armed men, to demand the Five Members, into the House of Commons, is very symbolical, and War was printed on that fact, he that runneth may read. His coming to Hull with an Army, saith not he had no errand there, but ask what it was in the clock. See Novellus that learned Venetian Lawyer, in a Treatise for defence, he maketh continuatam rixam, a continued upbraiding a sufficient ground of violent defence. He citeth Doctores Comniter. in L. ut vim. ff. de just. & jure. Yea he saith, Drunkenness, defens. n. 44. Error, n. 46. Madness, n. 49, 50. Ignorance, n. 51, 52. Impudence, n. 54. Necessity, n. 56. Lasciviousness, 58. Continual reproaches, 59. The fervour of anger, 64. Threatening, 66. Fear of imminent danger, 67. Just grief do excuse a man from homicide, and that in these he ought to be more mildly punished, Quia obnubilatum & mancum est consilium, Reason in these being lame and clogged. Ambros. l. 1. offic. Qui non repellit injuriam à socio, cum potest, tam est in vitio, quam ille quifacit.