A57975:902
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.
Answ. Wh•n one man with a multitude invadeth one man, that one man may pursue, as he seeth most conducible for self-defence. Now the Law saith, Threatenings and terror of Armour maketh imminent danger, and the case of pursuit in self-defence lawful; i• therefore an Army of Irish Rebels and Spaniards were sleeping in their Camp, and our King in a deep sleep in the midst of them, and these R•b•ls actually in the Camp besieging the Parliament, and the City of London, most unjustly to take away Parliament, Laws, and Liberties of Religion, it should follow that General Essex ought not to kill the Kings Majesty in his sleep, for he is the Lords Anointed, but 1. will it follow that General Essex may not kill the Irish Rebels sleeping about the King? and that he may not rescue the Kings Person out of the hands of the Papists and Rebels, ensnaring the King, and leading him on to Popery, and to employ his Authority to defend Popery, and trample upon Protestant Parliaments, and Laws? Certainly from this example this cannot be concluded. For Armies in actual pursuit of a whole Parliament, Kingdom, Laws, and Religion, (though sleeping in the Camp) because in actual pursuit, may be invaded, and killed, though sleeping. And David useth no argument from conscience, why he might not kill Sauls Army, (I conceive he had not Arms to do that) and should have created more enemies to himself, and hazard his own life, and the life of all his men, if he had of purpose killed so many sleeping men; yea the inexpedience of that, for a private wrong to kill Gods mis-led people, should have made all Israel enemies ⟨p. 343⟩to David. But David useth an Argument from Conscience only, to prove it was not lawful for him to stretch forth his hand against the King; and for my part, so long as he remaineth King,1 and is not dethroned by those who made him King at Hebron, to put hands on his person, I judge utterly unlawful: one man sleeping cannot be in actual pursuit of another man; so that the self-defender may lawfully kill him in his sleep; but the case is far otherwise in lawful wars, the Israelites might lawfully kill the Philistines encamping about Jerusalem to destroy it, and Religion, and the Church of God, though they were all sleeping; even though we suppose King Saul had brought them in by his Authority, & though he were sleeping in the midst of the uncircumcised Armies;