A57975:891
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.
And as Nature, so the Law saith, When the losses are such as can never be repaired, as Death, Mutilation, l•sse of Chastity, Quoniam ⟨p. 338⟩facta infecta fieri nequeunt, things of that kind once done, can never be undone, we are to prevent the enemy, l. Zonat. tract. defens. par. 3. l. in bello §. factae de capit. notat. Gloss. in l. si quis provocatione. If the King send an Irish Rebel to cast me over a bridge, and drown me in a water, I am not to do nothing, while the Kings emissary first cast me over, and then in the next room I am to defend my self; but nature and the law of self-defence warranteth me (if I know certainly his aim) to horse him first over the bridge, and then consult how to defend my s•lfe at my own leisure.
And as Nature, so the Law saith, When the losses are such as can never be repaired, as Death, Mutilation, l•sse of Chastity, Quoniam ⟨p. 338⟩facta infecta fieri nequeunt, things of that kinde once done, can never be undone, we are to prevent the enemy, l. Zonat. tract. defens. par. 3. l. in bello §. factae de capit. notat. Gloss. in l. si quis provocatione. If the King send an Irish Rebell to cast me over a bridge, and drowne me in a water, I am not to do nothing, while the Kings emissary first cast me over, and then in the next room I am to defend my self; but nature and the law of self-defence warranteth me (if I know certainly his ayme) to horse him first over the bridge, and then consult how to defend my s•lfe at my own leasure.
Royalists object that David in his defence never invaded and persecuted Saul; yea, when he came upon Saul and his men sleeping, he would not kill any; but the Scottish and Parliaments Forces not only defend, but invade, offend, kill and plunder; and this is clearly an offensive, not a defensive war.