A57975:908
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.
Some Royalists are so impudent, as to say that there was no violence here, and that Elisha was an extraordinary man, and that it is not lawful for us to call a King the son of a murderer, as the Prophet Elisha did: but Ferne sect. 2. pag. 9. forgetting himself, saith from hence, It is lawful to resist the Prince himself, thus far, as toward his blows, and hold his hands: But let Ferne answer, if the violent binding of the Princes hands, that he shall not be able to kill, be a greater violence done to his Royal person, then Davids cutting off the lap of Sauls garment; for certainly, the Royal body of a Prince is of more worth then his clothes. Now it was a sin, I judge, that smote Davids conscience, that he being a subject, and not in the act of natural self-defence, did cut the garment of the Lords Anointed. Let Ferne see then how he will save his own principles, for certainly he yieldeth the cause for me; I judge that the person of the King, or any Judge, who is the Lords Deputy, as is the King, is sacred, and that remaining in that honourable case, no subject can without guiltiness before God, put hands in his person, the case of natural self-defence being excepted: for because the Royal dignity doth not advance a King above the common condition of men, and the Throne maketh him not leave off to be a man, and a man that can do wrong; and therefore as one that doth manifest violence to the life of a man, though his subject, he may ⟨p. 346⟩be resisted with •od•ly […] in the case of u•j•st and violent invasion. It is a vain thing to say, Who shall be judge between the King and his subjects? The subject cannot judge the King, because none can be judge in his own cause, and an inferior or equal cannot judge a superior or equal. But I answer, 1. This is the Kings own cause also, and he doth unjust violence as a man, and not as a King, and so he cannot be judge more then the subject. 2. Every one that doth unjust violence as he is such, is inferior to the innocent, and so ought to be judged by some. 3. There is no need of the formality of a judge in things evident to natures eye, such as are manifestly unjust violences: Nature in acts natural of self-defence, is judge, party, accuser, witness, and all; for it is supposed the Judge is absent, when the Judge doth wrong. And for the plea of Elisha's extraordinary spirit;