Kings whose memory is most recent The nobility did so grievously punish the murther of James the first having left as heir his sonâ— of six years of age that by a new and exquisit kind of punishment they put to death severall persons of very eminent families and peers of the land both for wealth and vassalage eminent On the contrary who did condole the death of James the third a man flagitious and cruell far less revenge it But in the death of James the fourth his Son the suspition of the crime was punished with death neither were our Ancestors piously inclined towards good Kings but also gentle mercifull towards wicked Kings For when one of King Culen's Enemies had killed him in his journey whilst he is coming to give an â—ccount of his administration he was severeâ—y punished by a sentence of the Estates of â—arliament And likewise was punished as 〈◊〉 enemy he who had killed Evenus in prison who had been adjudged to perpetuall bonds And the violent death or parricide of him â—hey punished whose wicked and vicious â—ife oll men had hated M. I do not so much â—nquire at present what some time hath been done as by what right Kings reigne amongst us B. That we may therefore returne thereâ—nto as in our first Kings until Kenneth the â—hird who first setled the Kingdome in his own family it is very clear what was the peoples power in creating their Kings and â—aking order with them even so it is necessary we know that he either did that against the peoples will or by perswasion obtained it M. That cannot be denied B. Moreover If by force he compelled the people to obey him then how soone the people began to have confidence in their own strength they might have cast off that violent yoke of Government imposed upon them Seeing all Lawes received by Kings and people do pronounce and nature it self doth call for it that whatever is done by force and violence may be undone by the like violence M. What if the people being by fraud eircumvented or by fear forced did surrender themselves into that slavery what for excuse can be pretended but that they perpetually continue in that case into which it was once agreed they were to be in B. Iâ— you debate with me from that agreement what excuse there is for undoing the same I shall on the other hand lay down some reasons why pactions and agreements may be dissolved And first of all such as are made through force or fear in all common-wealths concerning these there is a sure Law drawâ— from Natures spring Lawes allow restitution to be fully made to such as are by frauâ— circumvented and think that it should be kept for pupills and such other persons who by just Law they would have to be defended What Assembly therefore of meâ— can require more justly to have restitution than a whole people to whom the wrong is done which indeed is not done against one part of the commonwealth but floweth faâ— abroad into all the members of that politick body M. I know this Law to be made use of in the cases of private persons nor is it unjust But there is no necessity we should debate herein seeing it is far more credible which is recorded by Historians that thaâ— right was by the peoples will granted to Kings B. It is also credible that so great a matter was not obtained without some great cause M. I do easily assent thereto B. What do you think was the chief cause thereof M. What other except that which is recorded wearisomness of ambition tumults murthers intestine wars often with with the utter destruction of the one party and alwayes with very great dammage of â—oth For such as did obtain the government endeavoured to cut-off their brethren and almost all their near kinsmen that they might leave the government the more peaceâ—ble to their children even as we hear is done amongst the Turks and as we see amongst the chief of Clanns in our Islands and in Ireland B. To which of the two do â—ou think was that contention most perniciâ—â—s to the people or to the Princes M. Certainly to the Kings seeing the greatest 〈◊〉 of the people securing themselves doth usually stand spectators of Princes contests and yeeld alwayes as a prey to the victors â— It seemes then that Princes rather for themselves than for the good of the people desired to establish the Kingdom in their own family M. That is very probable B. Now that â—hey might obtain that which did so much concerne the perpetual dignity wealth and safety of their family it is probable that they did dispense or remit to one another somewhat of their right and that they might the more easily obtain the peoples goodwill â—iking and consent they on their part gave â—hem some ease M. I believe that B. You will certainly confess it incredible that â—or so great a benefit bestowed on their Kings â—hey should endure to be in a worse case than formerly they were in M. It is altogether incredible B. Neither would Kings have desired it with so great ambition if they had known it would prove hurtfull to their children and unprofitable to the people M. Not at all B. Imagine then that some one in Parliament of the free people did freely ask the King what if to any King should succeed a Son that is a fool or mad Will you set such over us to rule us who cannot rule or governe themselves M. I think there was no need to make use of that exception seeing by the Lawes it is provided against such a case B. Well said indeed Let us then see if Kings had obtained from the people a free power over the lawes whether that had been unprofitable especially to those who desired to foresee the good of their own family in time coming M. Why shall we think that that power would be unprofitable B. Because nothing doth so much contribute for the continuance of a Government as that temperament of Government seeing it is both honourable for Kings and Moderat and safe for the people The mind of man hath somewhat sublime and generous imbred therein by nature that it will obey none unless he governe profitably Nor is there any thing more prevalent for maintaining humane society than the mutuall exchange of benefits and therefore Theopompus seemes to have wisely answered his wife â—pbraiding him that by adding the Epbory he â—ad diminished the power of his authority â—nd had left the Kingdome to his Sons less â—han he had gotten it It is saith he so much the more firme and sure M. What you relate of continuance I perceive is most true For I think the Kingdomes of the Scots and Danes are the most ancient of all that are in Europe nor do they seeme by any other means to have attained that antiquity than by the moderation of the supreame authority whilst in the mean time the Kingdomes of the Frenches Englishes
prescribed otherwise free that they should conforme their actions and speech to the Prescripts of Lawes and by the sanctions thereof divide rewards and punishments the greatest bonds of holding fast together humane society And lastly even as saith that famous Legislator A King should be a speaking Law and the Law a dumb King M. At first you so highly praised Kings that you made their Majesty almost glorious and sacred but now as if you had repented in so doing I do not know within what strait bonds you shut them up and being thrust into the prison I may say of Lawes you do scarce give them leave to speak And as for my part you have disappoynted me of my exspectation very farre For I exspected that according to the most famous Historians you should have restored the thing which is the most glorious both with God and man into its own splendor either of your own accord or at my desire in the series of your discourse which being spoiled of all ornaments you have brought it into subjection and that Authority which through all the world is the chiefest you having hedged-in round about and made it almost so contemptible as not to be desired by any man in his right witts For what man in his right witts would not rather live as a private man with a mean fortune than being still in action about other mens affaires to be in perpetual trouble and neglecting his own affaires to order the whole course of his life according to other mens rules But if that be the tearmes of Government every where proposed I fear there will be a greater scarcity of Kings found than was of Bishops in the first infancy of our Religion Nor do I much wonder if Kings be regarded according to this plate-forme being but men taken from feeding cattel and from the plough who took upon them that glorious dignity B. Consider I pray you in how great an errour you are who does think that Kings were created by People and Nations not for Justice but for pleasure and does think there can be no honour where wealth and pleasures abound not wherein consider how much you diminish their grandour Now that you may the more easily understand it compare any one King of those you have seen apparelled like a Childs puppet brought forth with a great deale of pride and a great many attendants meerly for vain ostentation the representation whereof you miss in that King whom we describe Compare I say some one of those who were famous of old whose memory doth even yet live flourisheth is renowned to all posterity Indeed they were such as I have now been describing Have you never heard what an old woman petitioning Philip King of Macedon to hear her cause answered him he having said to her he had no leisure to which she replyed then cease said she to be King Have you never heard I say that a king victorious in so many batells and Conqueror of so many nations admonished to do his duty by a poor old wife obeyed acknowledged that it was the duty of kings so to do Compare then this Philip not only with the greatest Kings that are now in Europe but also with all that can be remembred of old you shall surely find none of them comparable to those either for prudence fortitude or activity few equal to them for largeness of dominions If I should enumerat Agesilaus Leonidas and the rest of the Lacedemonian Kings O how great Men were they I shal seem to utter but obsolete examples Yet one saying of a Lacedemonian maid I cannot pass over with silence her name was Gorgo the daughter of Cleomedes she seeing a servant pulling off the stockings of an Asian Ghuest and running to her father cryed out father the Ghuest hath no hands from which speech of that maid you may easily judge of the Lacedemonian discipline and domestick custome of their Kings Now those who proceded out of this rustick but couragous way of life did very great things but those who were bred in the Asiatick way lost by their luxury and sloth the great dominions given them by their Ancestors And that I may lay aside the Ancients Such a one was Pelagius not long ago among the people of Galicia who was the first that weakned the Saracen forces in Spain yet him and all his the grave did inclose yet of him the Spanish Kings are not ashamed accounting it their greatest glory to be descended of him But seeing this place doth call for a more large discourse let us returne from whence we have digressed For I desire to shew you with the first what I promised namely that this forme of government hath not been contrived by me but seemes to have been the same to the most famous men in all ages and I shall briefly shew you the spring from whence I have drawn these things The books of M Tullius Cicero which are intituled of Offices are by common consent of all accounted most praise worthy in the second book thereof these words are set down verbatim It seemes as Horodotus saith that of old well bred Kings were created not amongst the Medes only but also amongst our Ancestors for executing of justice for whilst at first the people were oppressed by those that had greatest wealth they betook themselves to some one who was eminent for vertue who whilst he kept off the weakest from injuries establishing equity he hemmed in the highest with the lowest by equall lawes to both And the reason of making lawes was the same as of the Creation of Kings for it is requisite that justice be alwayes equall for otherwise it were not justice If this they did obtain from one good and just man they were therewith well pleased when that did not occurre lawes were made which by one and the same voice might speak to all alike This then indeed is evident that those were usually chosen to governe of whose justice the people had a great opinion Now this was added that these Rulers or Kings might be accounted prudent there was nothing that men thought they could not obtain from such Rulers I think you see from these words what Cicero judgeth to be the reason of requiring both Kings and lawes I might here commend Zenophon a witness requiring the same no less famous in war-like affairs than in the study of Philosophy but that I know you are so well acquaint with his writings as that you have all his sentences marked I pass at present Plato and Aristotle albeit I am not ignorant how much you have them in estimation For I had rather adduce for confirmation men famous in a midle degree of affaires than out of Schools Far less do I think fit to produce a Stoick King such as by Seneca in Thyestes is described Not so much because that idea of a King is not perfect as because that examples of a good Prince may be rather impressed in the mind than at any
time hoped for But lest in those I have produced there might be any ground of calumny I have not set before you Kings out of the Schythian solitude who did either ungird their own horses or did other servile work which might be very far from our manner of living but even out of Greece and such who in these very times wherein the Grecians did most flourish in all liberall sciences did rule the greatest nations or wel governed Cities and did so rule that whilst they were alive were in very great esteeme amongst their people and being dead left to posterity a famous memory of them selves M. If now you ask me what my judgment is I scarce dare confess to you either mine inconstancy or timidity or by what other name it shall please you to call that vice For as often as I read these things you have now recited in the most famous Historians or hear the same commended by very wise men whose authority I dare not decline and that they are approved by all good and honest men to be not only true equitable sincere but also seeme strong and splendid Again as oft as I cast mine eyes on the neatness and elegancy of our times that antiquity seemeth to have been venerable and sober but yet rude and not sufficiently polished but of these things we may perhaps speak of hereafter at more leisure Now if it please you go on to prosecute what you have begun B. May it please you then that we recollect briefly what hath been said so shall we understand best what is past and if ought be rashly granted we shall very soon retract it M. Yes indeed B First of all then we agree that men by nature are made to live in society together and for a communion of life M. that is agreed upon B That a King also chosen to maintain that society is a man eminent in vertue M it is so B And as the discords of men amongst themselves brought in the necessity of creating a King so the injuries of Kings done against their Subjects were the cause of desiring lawes M I acknowledge that B we held lawes to be a proofe of the Art of government even as the preceps of Physick are of the medicinal Art M it is so B. But it seems to be more safe because in neither of the two have we set down any singular and exact skill of their severall arts that both do as speedily as may be heal by these prescripts of Art M It is indeed safest B Now the precepts of the Medicinal Art are not of one kind M How B For some of them are for preservation of health others for restauration thereof M. Very right B. What say you of the governing Art M I think there be as many kinds B Next then it seems that we consider it Do yo think that Physicians can so exactly have skill of all diseases and of their remedies as nothing more can be required for their cure M Not at all for many new kinds of diseases arise almost in every age and new remedies for each of them almost every yeer are by mens industry found out or brought from far countries B what think you of the lawes of Commonwealths M Surely their case seemes to be the same B Therefore neither Physicians nor Kings can evite or Cure all diseases of Commonwealths by the precepts of their Arts which are delivered to them in writ M I think indeed they cannot B what if we shall further try of what things lawes may be established in Commonwealths and what cannot be comprehended within lawes M That will be worth our pains B There seems to be very many and weighty things which cannot be contained within lawes First all such things as fall into the deliberation of the time to come M All indeed B next many things already past such are these wherein truth is sought by conjecturs confirmed by witnesses or extorted by torments M Yes indeed B In unfolding then these questions what shal the King do M I see here there is no need of a long discourse seeing Kings do not so arrogat the supream Power in those things which are institute with respect to the time to come that of their own accord they call to councill some of the most prudent B What say you of those things which by conjectures are found out and made out by witnesses such as are the crimes of murther adultery and witchcraft M These are examined by the skill of Lawyers Discovered by diligence and these I find to be for the most part left to the judgment of Judges B And perhaps very right for if a King would needs be at the private causes of each Subject when shal he have time to think upon peace war and those affaires which maintain and preserve the safety of the commonwealth And lastly when shall he get leave to rest M neither would I have the cognition of every thing to be brought unto a King neither can one man be sufficient for all the causes of all men if they be brought unto him that counsel no less wise than necessary doth please me exceeding well which the father in law of Moses gave him in dividing amongst many the burden of hearing causes whereof I shall not speak much seeing the history is known to all B But I think these judges must judge according to law M They must indeed do so But as I conceive there be but few things which by lawes may be provided against in respect of those which cannot be provided against B There is another thing of no less difficulty because all these things which call for lawes cannot be comprehended by certain prescriptions M How so B Lawyers who attribute very much to their own Art and who would be accounted the Priests of justice do confess that there is so great a multitude of affaires that it may seeme almost infinit and say that daily arise new crimes in Cities as it were severall kinds of ulcers what shall a lawgiver do herein who doth accommodat lawes both to things present and preterit M Not much unless he be some divine-like person B An other difficulty doth also occurre and that not a small one that in so great an Inconstancy of humane frailty no Art can alnost prescribe any things altogether stable and firme M There is nothing more true than that B It seemeth then most safe to trust a skilfull physician in the health of the patient and also the Kings in the state of the Common wealth For a Physician without the rule of Art will often times cure a weak patient either consenting thereto or against his will and a king doth either perswade a new law yet usefull to his subjects or else may impose it against their will M I do not see what may hinder him therein B Now seeing both the one and the other do these things do you think that besides the law either of them makes his
nor doth it only refute what you spoke of the greatness of that power but that also which you most shun it perspicuously declareth what power they granted to others of answering rightly was not denyed to themselves if they had been pleased to exerce that office or could have done it by reason of greater affaires B As for those Roman Emperours whom the Souldiers did choose indeliberatly without any regard to the common good of all These fall not under this notion of Kings which we have described so that by those that were most wicked were they chosen who for the most part were most wicked or else laid hold upon the Government by violence Now I do not reprehend them for granting power to Lawyers to interpret the Law And albeit that power be very great as I have said before it is notwithstanding more safely concredited to them to whom it cannot be an instrument of Tyranny Moreover it was concredited to many whom mutuall reverence did hold within the bounds of duty that if one decline from equity he might be refuted by another And if they should have all agreed together into fraud the help of the judge was above them who was not obliged to hold for Law what ever was given by Lawyers for an answer And over all was the Emperour who might punish the breach of Lawes They beeing astricted by so many bonds were hemmed in and did fear a more grievous punishment than any reward of fraud they could expect you see I suppose then that the danger to be feared from such kind of men was not so great M. Have you no more to say of a King B. First if you please let us collect together what is already spoken so that the more easily we may understand if any thing be omitted M. I think we should do so B. We seemed to be at accord sufficiently concerning the origine cause of creating Kings making Lawes but of the Lawgiver not so but at last though somewhat unwillingly I seeme to have consented being enforced by the strength of truth M. Certainly you have not only taken from a King the power of commanding Lawes but also of interpreting them even whilst I as an Advocat strongly protested against it Wherein I am afraid if the matter come to publick hearing lest I be accused of prevarication for having so easily suffered a good cause as it seemed at first to be wrung out of my hands B. Be of good courage for if any accuse you of prevarication in this case I promise to be your defence M. Perhaps we will find that shortly B. There seems to be many kinds of affaires which can be comprehended within no Lawes whereof we laid over a part on ordinary judges a part on the Kings councill by the Kings consent M. I do remember we did so indeed And when you was doing that wot you what came into my mind B. How can I unless you tell me M. Me thought you made Kings in a manner like stone seals which for the most part so seeme to lean on the tops of pillars as if they did sustain the whole fabrick whereas in effect they bear no more burden than any other stone B. What good Advocat of Kings do you complain that I lay on them a little burden seeing both day and night they do nothing else than seek out others to bear burden with them or upon whom they may altogether lay the burden so disburden themselves And in the mean time you seeme to take it in ill part that I afford them help labouring under their burden M. I also very willingly admit these auxiliaries but such would I have as may serve but not command such as may shew the way but not Lead in the way or more truly draw or rush them forward as some warlike engine and leave a King no other power but to assent to them Therefore I presently expect that having ended our discourse concerning a King you would step aside to speak of Tyrants or some where else For you have inclosed a King within so narrow bounds that I am afraid lest if we tarry longer therein you drive him out of his greatest wealth highest dignity banish him as it were into some desert Island where being spoiled of all his honour he wax old in poverty misery B. You feared as you pretend the crime of prevarication but I am afraid lest in calumniating you wrong the King whom you endeavour to defend First I would not have him to be idle unless you would appoint idle master builders secondly you deprive him of good Ministers friends whom I have adjoyned unto him not as keepers but would have them called by him to bear a part of his labour these being driven away you surround him with a band of Knaves who make him to be feared by his subjects neither do you think he will be formidable unless we allow him a great power of doing wrong I would have him to be by his subjects beloved not to be guarded by the terrour but goodwill of his subjects which armes alone do make Kings invincible unless you gainsay this I trust I shall shortly prove it For I shall lead him out of these you call straits into light by one Law shall give him so much authority and enlargment that if he desire more he may seeme impudent M. Indeed I long to heare that B. I shall then fall upon that matter that I may satisfy your desire as soon as I can A little before we have confessed that no Law can be so accurately cautioned concerning any affair but that malicious subtilty may invent some fraud This perhaps will be the better understood by the example already proposed By the Law it is ordained that no parents transmit their benefices to their bastards Here in effect the Law seemes clear yet a cheat is found out that the father substitute some other man that he may deliver that same benefice to the bastard of the former possessor Thereafter when as it was carefully ordained by Law that the son should by no means enjoy that benefice which his father had possessed before yet by this caution it was never a white the better For against that Law a paction was found out amongst Priests that each of them should substitute the Son of the other in his office And when that was also forbidden the Law was also eluded by another kind of cheat a pretender was set up against the father who might pretend he had a right to that benefice Whilst the father seemingly is a contending with this supposed Sycophant the Son doth petition the Pope for the benefice if so be that the right unto that benefice belong not to either of the parties contending for it and so the son by his fathers prevarication doth enjoy his fathers benefice and over cometh both the parties who willingly freely yeeld up their plea. Thus you soe how many Kinds of
and Spaniards have past so often out of one family into another But I do not know if our Kings have been so wise as Theopompus B. As they have not been so prudent do you imagine that the people were so foolish as to neglect an occasion so opportune put into their hand or that they were so struck with fear or seduced by flatteries as to give themselves over into slavery willingly M. Perhaps it was not But if the people which indeed might be were so blind that they did not see what might concerne their own good or being careless would not see what might be for their benefit so as to contemne it should they not then be justly punished for their folly B. It is not probable that any such thing was done seeing we may see the contrary to be observed even to our dayes For besides that wicked Kings as often as they intended tyranny over their Subjects were alwayes restrained some vestiges 〈◊〉 the ancient customes do yet continue in somâ— ancient familes For the Old Scots even 〈◊〉 our very dayes do choose their heads of clans and having chosen them do give them council of Elders to which councill who soever gives not obedience is deprived 〈◊〉 all honour and dignity What therefore 〈◊〉 with very great care observed in the parts would they be negligent of for the security and safety of all And would they willinglâ— redact themselves into bondage to him whâ—â— was to possess a lawfull Kingdome in steaâ— of some benefit and would they freely givâ— over their liberty acquired by vertue defendâ—ed by armes not interrupted for so many ages to one not expecting it without forceâ— without war For the calamity of John Balâ—oâ— doth shew that that power was never granted to our Kings besides the punishments so often taken for their Maladministration Who about two hundred and sixty years ago was by the nobility rejected because he had subjected himself and his Kingdome to the authority of Edward King of England and Robert the first was substitute in his stead The same doth also shew that perpetual custome continued from the beginning of our Government M. What custome do you speak of B. When our Kings are publickly inaugurat they solemnely promise to all the People that they will observe the Lawes rites and old statutes of their predecessors use the â—ame power which they have received from them that whole order of ceremonies doth shew the first entry of our Kings into every City from all which it may be easily understood what kind of power they did receive from our predecessors to wit none other than that they swear to maintain the Lawes being chosen by suffrages This condition of reigning did God propose to David and his posterity and promiseth they should reigne so long as they should obey the Lawes he had given them those things indeed they do as is probable that our Kings received from our Ancestors a power not immense but within certain limites bounded and limited And further there was the confirmation of a long time and the usurpation of a perpetual right by the people never reprehended by a publick decree M. But I fear it cannot be easily obtained of Kings as being perswaded by that probability to condescend to these Lawes however sworn unto or usurped by the people B. I also believe it is no less hard to perswade the people to pass from the right received from their Ancestors approved by the use of so many ages and practised by one continuall tenour I do not think it needfull to proceed by conjectures what the people is to do since I see what they have done already But if by the obstinat pertinacy of both the business come to armes he that prevaileth will give what Law and right he pleaseth to the vanquished but this will not longer continue than he who is vanquished having again gathered together his forces shall take up Armes again In all which contentions men usually still fight with very great damage of the People but with the utter overthrow of Kings For from this spring do flow all the destructions of all Kingdoms M. It must needs be so B. I have perhaps gone back further than was needfull to the end you might clearly understand what kind of Government there was amongst us of old For if I had reasoned with you according to the rigour of the Law I might have gained my poynt in a far more compendious way M. Albeit you have almost satisfied me already yet I shall willingly hear what that is B. I would then have you first of all to answer me this question Do you not approve the definition of Law set down by Lawyers who say that Law is that which the People knew when demanded by him to whom the prerogative of demanding belongeth M. Indeed I do approve it B. We have agreed that the faults of Lawes being found out they may be amended or abrogat by the Law givers M. We did so B. I suppose you perceive now that such as are borne Kings are by the Lawes and Suffrages of the People created no less than those whom we said were elected â—n the beginning And that in receiving of Lawes there will not be remedies wanting in â—he People who are the Lawgivers not onâ—y against force and fraud but also against neâ—ligence M. I perceive that clearly â— Only here is the difference that the Law â—oncerning our Kings was made severall ages â—efore and when any doth enter into the â—ingdome there useth to be no new Law â—ade but the old Law is approven and â—â—tified But amongst those who have their â—eeting of Estates at the election of every â—ing the Law useth to be made the King â—reated and approved and so to enter into â—s Government M. It is so B. Now if â—ou please let us briefly recapitulat what we â—re at accord in from the very beginning â—o that if ought be rashly approven it may â—e retracted M. I am content B. First â—f all then it seemes that a King is created 〈◊〉 the peoples sake and that nothing more â—xcellent is given us of God than a good King â—nd more pestilentious than a wicked King â— Very right B We have also said that wicked King is called a Tyrant M· We â—â—ve said so B. And because there is not â—â—ch plenty of good men so as to choose those â—ho may prove good Kings nor so great a â—â—ppiness of birth as that good Luck may â—â—fer us those that are good if we have not â—â—ch as we would wish yet we have such as â—ther consent hath approved or chance hath â—â—fered Now the hazard that occureth either in choosing new Kings or in approâ—ving such as are given us by birth was thâ— cause that we desired Lawes which mighâ— modify the Government of Kings Noâ— these Lawes should be nothing else but thâ— express image as far as may be of a gooâ— Prince M. We are at accord in that alsâ— B
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