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cause_n	body_n	great_a	whole_a	1,463	5	4.3473	3	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A29958	De jure regni apud Scotos, or, A dialogue, concerning the due priviledge of government in the kingdom of Scotland, betwixt George Buchanan and Thomas Maitland by the said George Buchanan ; and translated out of the original Latine into English by Philalethes.; De jure regni apud Scotos. English	Buchanan, George, 1506-1582.; Maitland, Thomas.; Philalethes.	1680 (1680)	Wing B5275; ESTC R19572	73,304	148

not command the Jewes to obey all Tyrants but the King of Assyria alone Now if you would conclude the forme of a Law from that which is commanded to be done to one single person first you are not ignorant for Logick hath taught you that what a great absurdity you will make next you will be in danger to be assaulted by the opposers of Tyranny with the like weapons for you must either shew what singular thing there is in that matter or propose it to be imitat by all every where or if you cannot do this you must acknowledge that whatever is enjoyned concerning any one person by any speciall command of God it doth alike belong to all If you shall once admit this which you must needs do it will be instantly objected that Ahab was killed by Gods command and a reward was also promised and performed to him that should kill him When ever therefore you betake your self to that refuge you must obey all Tyrants because God by his Prophet did command his people to obey one Tyrant It will be instantly replyed that all Tyrants ought also to be killed because Ahab at the command of God was killed by the Captain of his host Therefore I advise you to provide a more firme defence from Scripture for Tyrants or then laying the same aside at present you may have your recourse to the Philosophers schoole M I shall indeed think upon it But in the mean time let us returne from whence we have disgressed What do you bring from Scripture why Tyrants may be Lawfully killed B First of all I profer this that seeing it is expresly commanded to cut off wickedness and wicked men without any exception of rank or degree and yet in no place of sacred scripture are Tyrants more spared than private persons Next that the definition of powers delivered by Paul doth not wholly belong to Tyrants because they accommodat not the strength of their authority for the benefit of the people but for fulfilling their own lusts Further we should diligently consider how much Power Paul doth grant to Bishops whose function he doth highly and truely praise as being some way like unto Kings as far as the nature of both their functions can admit For Bishops are Physicians of internall diseases as Kings are Physicians of externall distempers and yet he would neither of them to be free from or not liable to the jurisdiction of the other And even as Bishops are subject to Kings in the exercise of their Civil Government so ought Kings tobey the spirituall admonitions of Bishops Now albeit the amplitude and dignity of Bishops be so great yet no law divine or humane doth exeeme them from the punishment of crimes And to pass by others The very Pope who is accounted the Bishop of Bishops who so exalts himself above all Kings that he would be accounted a certain God amongst men yet is he not exempted from the punishment of Lawes no not by his own Canonists a kind of men very devoted to him For seeing they would think it absurd that God for they do not hesitat to call him thus should be obnoxious to mens censure and think it unjust that the greatest crimes and most filthy abominations should pass unpunished in any and yet they have found out a way whereby crimes may be punished and the Pope accounted sacred inviolable For the priviledge of the Pope is one thing and of that man who is Pope is another say they and whilst they exeeme the Pope whom they deny can erre from the cognition of the Lawes yet do they confess him to be a man obnoxious to vices and punishment of vices nor have they more subtilly than severely declared their judgment herein It would be tedious to rehearse what Popes to speak after their usuall way what men personating Popes who not only alive were forced to renounce their popedome but being dead were pulled out of their graves and thrown into Tiber. But to omit old histories The recent memory of pope Paul the fourth is fresh in our mind for his own Rome did witness a publick hatred against him by a new kind of decree For they vented their fury he being by death taken away against his nearest kinsfolk his statues and painted images or pictures Nor should this interpretation seeme more subtil whereby we separat the power from the person in power than Philosophy doth acknowledge and the Ancient Interpreters do opprove nor is the rude multitude and strangers to subtile disputing ignorant thereof for the meanest tradsmen take it for no blot upon their trade if a Smith or Baker be hanged for robbery but are rather glad that their society is purged of such villains But if there be any of another mind I think it is to be feared that he seemes to be rather grived at those mens punishment with whom he is associat in their villany than for the infamy of their society I am of the opinion if Kings would abandon the counsells of wicked men and flatterers and measure their own greatness rather by duties of vertue than by the impunity of evill deeds they would not be grieved for the punishment of Tyrants nor think that Royall Majesty is lessened by whatsomever destruction of Tyrants but rather be glad that it is purged from a most filthy blot of wickedness especially seeing they use to be highly offended with robbers and that very justly if any of them in their malefices pretend the Kings name M Forsooth they have just cause But laying these things aside a I would have you go on to the other head you proposed B What heads do you mean M Namely in what time and to whom Paul wrote those things for I desire to know what the knowledge thereof doth make for the argument in hand B I shall herein obey you also And first I shall speak of the time Paul wrote these things in the very infancy of the Church in which time it was not only necessary to be blameless but none was to give occasion to such as sought occasion of reproaching and unjust causes of staining the Professors of Christianity Next he wrote to men of severall nations and so gathered together into one society out of the whole body of the Roman Empire amongst whom there were but few very rich yea almost none who either had ruled or could rule or were in any great account amongst their fellow Citizens they were not so many in number and these almost but strangers and for the most part but lately freed of bondage and others but tradsmen and servants Amongst them there were many who did further pretend Christian Liberty than the simplicity of the Gospell could suffer Now this Company of people out of the promiscuous multitude which did won their living though meanly by hard labour was not to be so carefull of the state of the Common wealth of the majesty of the Empire and of the conversation and duty of Kings as

science of grammer should not herein availe him M Nothing at all B Nor the art of painting availe the other if the debate be concerning Grammer M Not a white more B A judge then in judgment must acknowledge but one name to wit of the Crime or guilt whereof the Adversary or plaintife doth accuse his party or defendant to be guilty M No more B What if a King be guilty of parricide hath he the name of a King and what ever doth belong to a judge M Nothing at all but only of a parricide for he commeth not into controversy concerning his Kingdome but concerning his parricide B What if two parricides be called to answer in judgment the one a King and the other a poor fellow shall not there be a like way of procedure by the judge of both M The very same with both so that I think that of Lucan is no less true than elegantly spoken Viz Cesar was both my leader and fellow in passing over the Rhine Whom a malefice doth make guilty it maketh alike B True indeed The process then is not here carried on against a King and a poor man but against their parricides For then the process should be led on concerning the King if it should be asked which of the two ought to be King Or if it come into question whether Hiero be King or a Tyrant or if any other thing come into question which doth properly belong to the Kings function Even as if the sentence be concerning a painter when it is demanded hath he skill in the art of painting M What if a King will not willingly compear nor by force can be compelled to compear B Then the case is common with him as with all other flagitious persons For no Thief or warlock will willingly compear before a judge to be judged But I suppose you know what the Law doth permit namely to kill any way a thief stealing by neight and also to kill him if he defend himself when stealing by day But if he cannot be drawn to compear to answer but by force you remember what is usually done For we pursue by force and armes such robbers as are more powerfull than that by Law they can be reached Nor is there almost any other cause of all the warres betwixt Nations people and Kings than those injuries which whilst they cannot be determined by justice are by armes decided M Against enemes indeed for these causes warres use to be carried on but the case is far otherwise with Kings to whom by a most sacred oath interposed we are bound to give obedience B We are indeed bound but they do first promise that they shall rule in equity and justice M It is so B There is then a mutuall paction betwixt the King and his subjects M It seemes so B Doth not he who first recedes from what is covenanted and doth contrary to what he hath covenanted to do break the contract and covenant M He doth B The bond then being loosed which did hold fast the King with the people what ever priviledge or right did belong to him by that agreement and covenant who looseth the same I suppose is lost M It is lost B He then with whom the Covenant was made becometh as free as ever he was before the stipulation M He doth clearly enjoy the same priviledge the same liberty B Now if a King do those things which are directly for the dissolution of society for the continuance where of he was created how do we call him M A Tyrant I suppose B Now a Tyrant hath not only no just authority over a people but is also thier enemy M He is indeed an enemy B Is there not a just and Lawfull war wich an enemy for grievous and intolerable injuries M It is for sooth a just war B What war is that which is carried on with him who is the enemy of all mankind that is a Tyrant M A most just war B Now a Lawfull war being once undertaken wich an enemy and for a just cause it is Lawfull not only for the whole people to kill that enemy but for every one of them M I confess that B May not every one out of the whole maltitude of mankind assault with all the calamities of war a Tyrant who is a publick enemy with whom all good men have a perpetuall warfare M I perceive all Nations almost to have been of that opinion For Thebe is usually commended for killing her husband Timoleon for killing his brother and Cassius for killing his Son and Ful vius for killing his own son going to Catiline and Brutus for killing his own sons and kinsmen having understood they had conspired to introduce Tyranny again and publick rewards were appointed to be given and honours appointed by severall Cities of greece to those that should kill Tyrants So that as is before said they thought there was no bond of humanity to be kept with Tyrants But why do I collect the assent of some single persons since I can produce the testimony almost of the whole world For who doth not sharply rebuke Domitius Corbulo for neglecting the safety of mankind who did not thrust Nero out of his Empire when he might very easily have done it And not only was he by the Romans reprehended but by Tyridates the Persian King being not at all afraid lest it should afterward befall an example unto himself But the minds of most wicked men enraged wich cruelty are not so void of this publick hatred against Tyrants but that sometimes it breaketh out in them against their will and forceth them to stand amazed with terrour at the sight of such a just and Lawfull deed When the Ministers of Casus Caligula a most cruel Tyrant were with the like cruelty tumultuating for the slaughter of thier Lord and Master and required those that had killed him to be punished now and then crying aloud who had killed the Emper our Valerius Asiaticus one of the Senators standing in an eminent high place from whence he might be heard cryed out aloud I wish I had killed him At which word these tumultuary persons void of all humanity stood as it were astonished and so fore bore any more to cry out tumultuously For there is so great force in an honest deed that the very lightest shew there of being presented to the minds of men the most violent assaults are allayed and fierce fury doth languish and madness nill it will it doth acknowledge the soveraignty of reason Neither are they of another judgment who with their loud cryes mixe heaven and earth together Now this we do easily understand either from hence that they do reprehend what now is done but do commend and approve the same seemingly more atrocious when they are recorded in an old history and thereby do evidently demonstrat that they are more obsequious to their own particular affections than moved by any publick dammage But why do we seek a more

certain witness what Tyrants do deserve than their own Conscience thence is that perpetuall fear from all and chiefly from good men and they do constantly see hanging above their own necks the sword which they hold still drawn against others and by their own hatred against others they measure other mens minds against them But contrariwise good men by fearing no man do often procure their own hazard whilst they weigh the good will of others towards them not from the vicious nature of men but from their own desert towards others B You do then judge that to be true that Tyrants are to be reckoned in the number of the most cruell brute beasts and that Tyrannicall violence is more unnatuall than poverty sickness death and other miseries which may befall men naturally M Indeed when I do ponder the weight of your reasons I cannot deny but these things are true But whilst hazards and in conveniences do occurre which follow on the back of this opinion my mind as it were tyed up with a bridle doth instantly I know not how faile me and bendeth from that too stoicall and severe right way towards utility almost falleth away For if it shall be lawfull for any man to kill a Tyrant see how great a gape you do open for wicked men to commit any mischief and how great hazard you creat to good men to wicked men you permit licentiousness and le ts out upon all the perturbation of all things For he that shall kill a good King or at least none of the worst may he not pretend by his wicked deed some shew of honest and Lawfull duty or if any good Subject shall in vain attempt to kill a Prince worthy of all punishment or accomplish what he intended to do how great a confusion of all things do you suppose most needs follow there upon Whilst the wicked do tumultuat raging that their head and leader is taken away from them neither will all good men approve the deed nor will all those who do approve the deed defend the doer and author of their liberty against a wicked crew And many under an honest pretext of peace will vaile their own laziness or rather calumniat the vertue of others than confess their own slothfulness Surely this remembrance of self interest and excuse of leaving the publick cause and the fear of dangers if it doth not break the courage yet it weakneth the same and compelleth it to preferre tranquillity albeit not very sure to an uncertain expectation of liberty B If you well remember what is before spoken this your fear will be easily discussed For we told you that there be some Tyrannies allowed by the free suffrages of a people which we do honour with royall titles because of the moderat administration No man with my will shall put violent hand on any such nor yet on any of those who even by force or fraud have acquired soveraignty providing they use a moderat way in their government Such amongst the Romans were Vespasianus Titus Pertinax Alexander amongst the Grecians and Hiero in Syracusa Who albeit they obtained the Government by force and armes yet by their justice and equity deserved to be reckoned amongst just Kings Besides I do only shew what may be Lawfully done or ought to be done in this case but do not exhort to attempt any such thing For in the first a due consideration of the case and a clear explanation thereof is sufficient but in the last there is need of good counsell in undertaking of prudence in assaulting and courage in acting Now seeing these things are either promoved or overturned by the circumstances of time person place and other instruments in carrying on the business if any shall rashly attempt this the blame of his fault can be no more imputed to me than his fault to a Physician who hath duely described the remedies of diseases but were given by another to the patient unseasonably M One thing seemes yet to be wanting to put an end to this dispute which if you shall add I shall think I have received a very singular Kindness of you the matter is this let me understand if there be any Church Censures against Tyrants B You may take it when you please out of the first Epistle of Paul to the Corinthians where the Apostle doth forbid to have any fellowship either at meat or discourse with openly lewd and flagitious men If this were observed amongst Christians such lewd men unless they did repent might perish by hunger cold and nakedness M A grievous sentence indeed that is But I do not know if a people that allow so much liberty every way to their Rulers will believe that Kings should be punished after this manner B Surely the Ancient Ecclesiastick writers without exception did thus understand that sentence of Paul For Ambrose did hold out of the Assembly of the Christians Theodosius the Emperour and Theodosius obeyed the said Bishop and for what I know Antiquity doth more highly extoll the deed of no other so much nor is the modesty of any other Emperour more commended But to our purpose what difference is there betwixt the exclusion out of Christian fellowship and the interdiction from fire and water this last is a most grievous sentence imposed by Rulers against such as refuse to obey their commands and the former is a sentence of Church men Now the punishment of the contempt of both authorities is death but the Secular judge denounceth the death of the body the Ecclesiastick judge denounceth the destruction of the whole man Therefore the Church will not account him worthy of death whom it doth expell out of the fellowship of christians while he is alive and banisheth him into the fellowship of Divils when dead Thus according to the equity of the cause I think I have spoken abundantly if therewith any Forrainers be displeased I desire they would consider how unjustly they deal with us For whilst there be many Nations both great and wealthy in Europe having all their own peculiar Lawes they deale arrogantly who would prescribe to all that modell and forme of government which they them selve● enjoy The Helvetians government is a common wealth Germany useth the name or Title of Empire as a lawfull government Some Cities in Germany as I am informed are under the rule of Princes The Venetians have a Seignory tempered of these Muscovia hath a very Tyranny in stead of government We have indeed but a little Kingdome but we enjoy it these two thousand years free of the empire of forrain Nations We did Creat at first Lawfull Kings we did impose upon our selves and them equall and just Lawes the long continuance of time doth shew they were usefull For more by the observation thereof than by force of armes hath this Kingdom stood intire hitherto Now what iniquity is this that we should desire either to abrogat or neglect the Lawes the good whereof we have found by