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A43095 Killing is murder, and no murder, or, An exercitation concerning a scurrilous pamphlet of one William Allen, a Jesuitical impostor, intituled, Killing no murder wherein His Highness honor is vindicated and Allens impostors discovered : and wherein the true grounds of government are stated, and his fallacious principles detected and rejected : as also his calumnious scoffs are perstringed and cramb'd down his own throat / by Mich. Hawke, of the Middle-Temple, Gentl. Hawke, Michael. 1657 (1657) Wing H1171; ESTC R12455 71,020 66

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what is he angry at but that he shall employ his time and pains to little purpose which he truly divines or to think that any reasons of his or convictions of theirs shall draw men from any thing wherein they shall see profit or security or to any thing wherein they shall see loss and fear of danger which also is true for by the dictate of reason every one is taught and convicted to pursue his own profit and to shun danger neither will any one of sound sense hearken to his unprofitable and unreasonable delusions And that we court our bondage and place it among the requests we put up to him which is illi cordolium and strikes to his heart to see the sincere affection of the Parliament and their respective observance And that he expecteth not onely danger from ill men but disallowance from many which are good that have a zeal but not according to knowledge neither of which he hath which therefore he must expect All his hopes is in honest and wise men which he saith are but few or indeed none at all for what honest or wise man will give ear to his projects which as he confesseth appear so bloody and so cruel unless such discontented and forlorn persons as himself whose life is a death to them and for whom Timon Misanthropos hath prepared a new Gibbet in his Garden expecting daily their desired hansel But his soul Pen bespatters not onely his Highness but his accomplices as he terms them and especially Mr. Speaker by name for giving Mr. Sindercombes traiterous designe the epithites of bloody wicked and proceeding from the prince of darkness fearing that the people judging of things according to their outward appearances without penetrating at all into their causes and natures when they shall read the Pamphlet of Mr. Speaker they will certainly think he gives those plotters the right Titles and not without good reason for though the vulgar do not ordinarily dive into the causes of things are not wise enough to apprehend them yet most of them are so wise as to hearken unto the advice and reports of those whom they know to be wise and able to judge of them whom Aristotle in that respect adjudgeth to be wise men And therefore without doubt they will sooner believe what is declared by Mr. Speaker who is a man of Authority and who hath alwayes been reputed vir bonus sapiens a wise and honest man then that what is feigned and foysted in the Pamphlet of this Impostor an obscure scurril and lying Pasquiller which for it in divers places of the City of London was burnt by the people for want of an Hangman which is notoriously manifest in that he seemeth to doubt of Sindercombes traiterous design and suspitiously to ascribe it to his Highness invention whereas the contrary is made clear by the confession of his confederates and upon sufficient evidence at a publique Trial so adjudged Which is not unlike to his lying protestation to wit that his principal intent in this paper is not to declaim against my Lord Protector or his Accomplices and that were it not more to justifie others then to accuse them he should think their own actions should justifie them sufficiently which as Cicero is magnum impudens mendacium a great and impudent lye For in his Supplication he perswadeth his Highness to his happy expiration and that his death shall something ballance the evils of his life And in his Dedication he inciteth the Officers of the Army against him that they can never redeem their honour untill they see their revenge upon his faithless head And herein in his Preface he justifieth it lawfull for Sindercomb to have killed him as a Tyrant and by consequence for any other private man If then to perswade his Highness to his expiration or to incite the Army to take away his life or to allow it lawfull for any private person to kill him and that as it is probably said tribus bolis he would have him forthwith devoured one way or other be not principally to declaim against his Highness then fools cannot speak nonsence But what will William Allen gain by his lying but that when he speaketh truth no man will beleeve him but say to him as it is said in the Comedy Si dixeris mendacium solens tuo more feceris Plaut Amph. But to pass by his other sensless and superfluous passages and to discuss and examin his three serious questions which contain in them the contagion and venom of this pestilent Pamphlet The first is Whether my Lord Protector be a Tyrant or no which he saith is no question and would disputare ex non concessis but he shall neither find it granted of us nor proved by him The second is If he be whether it it is lawfull to do justice upon him without solemnity that is to kill him The third is If it be lawfull whether it is likely to prove profitable or noxious to the Common-wealth The first question Bartolus makes Tyrants of two sorts In titulo or Exercitio the one is called a Tyrant because he hath no Right to govern and the other because he governeth not rightly or as he Phraseth it Tyrannically and at last inferreth that the Protector may with great Justice put in this claime to both Titles but how unjustly the conclusion will manifest And then saith that we shall sufficiently demonstrate who they are that have not right to govern if we shew who they are that have Arist Polit. l. 1. c. 1. And first he premiseth truely that the supreame Power was first placed in Fathers of Families as Aristotle tells us from Homer that every one gives Laws to his Wife and Children so Adam was the King and Lord of his Family and a Son a subject and a Servant was then one and the same thing and this power was exercised everywhere where Families were dispersed and some small time in some places after Commonwealths were constituted but whereas William Allen assumeth that after of many Houses and Families a Society was made the supreame Power was designed and setled in one man by the consent and Election of the people where the immediate appointment of God himself did not interpose William Allen must give me leave to leave him for after the fall of our first Parents the natural State of men before they were setled in a Society as Master Hobbs truely saith was a meer Warre and as Cicero saith Rules concerning Governement F. 14. tantum haberent quantum manu ac viribus per caedem vulnera eripere retinere potuissent had so much as by force and might through wounds and slaughters they could obtain and retain and as his Master Mariana in those times Vbique latrocinia direptiones caedesque grassabantur everywhere Robbery Rapine and Slaughter did rage De Regis Institut Fo. 16. Gen. 6. Lib. 1. which abhorreth not much from the Sacred
Scriptures as is plain by the Tragedy of Abel and the Murtherous minde of Lamech And what may be meant by the Giants who were mighty men and in the old time men of renown but such as Thucydides writes of who by force and rapine did snatch and catch what they could from others holding it an honour and no disgrace so it was Valiantly done all which continually happened before the setlement of a Society by a Supreame Governor how then was it possible for such a discordant multitude of people solemnly to concurre or unanimously to consent in the Election and approbation of a Supreame Magistrate which indeed at that time was bellua multorum Capitum and though God for the special care he had of the People of Israel did sometime after a special manner choose their King whom the people afterwards did accept and approve yet cannot this Impostor find any Place or Text in the Scripture where any Power or Commission is given to the people to govern themselves or choose themselves a Governor or to alter the manners of Governement at their pleasure though this Impostor would obtortâ gula wrest the Text of Deut. 17.14 15. to that purpose If thou say I will set a King over me like as all the Nations are about me Thou shalt make a King over thee such as the Lord thy God shal choose so as notwithstanding their saying the choise and nomination of their King was to proceed from God and therefore according to that prediction when the people did ask a King 1 Sam. 6.5 and that Samuel would make them a King to Judge them like other Nations he shewed them Saul saying See you him whom the Lord hath chosen 1 Sam. 6.5 which the people acknowledged showting and saying God save the King And in that he saith it is plain in that place that God gives the people the choise of their King for there he instructs them whom they shall choose one of the midst of their Brethren This is otherwise for he there saith not they shall choose a King from among their Brethren but they shall make a King over them 1 Sam. 10.1 from among thy Brethren whom the Lord God shall choose that is to say shall approve and confirme Gods choise So Saul was chosen by God and anointed by Samuel but was made that is confirmed King by all the people in Gilgal so David was chosen by God and anointed by the same Prophet but was afterwards confirmed by the people of Juda and the Elders of Israel 1 Sam. 16.2.14 And if the peoples consent were alone sufficient then was Gods choice in vain but I hope this Impostor will not be so vain in this as in other things he is to make Gods Election and choice vain to please the people for Deus natura nil faciunt frustra God and nature do nothing in vain Much more he saith he could say if it were a lesse Manifest truth to wit for the Election of the people but how can it be a Manifest truth is so absonant from reason for it is averse from reason that men who are free by nature should by free Elections expose themselves to imperious subjection without fear or force Oratio ad Caesarem for by nature every one asperrime Rectorem patitur un willingly and stubbornly endureth a Ruler especially to have the Power of life and death over him as every Ruler hath whereupon Patricius inferreth this conclusion Nulla gens sine aliquo metu De rep F. 6. vel vi supremo Magistratui se subjecit and therefore as Bodin saith Aristotle is deceived in supposing that Kings where chosen by the suffrages of the people fallit enim Aristoteles saith he Bodin de repub l. 2. c. 2. qui aureum illud genus hominum Fabalis Poetarum quam ipsa re illustrius Reges Heroas suffragio creasse prodidit Aristotle deceiveth in that he sheweth that the people who lived in the Golden Age did create their Heroique Kings by suffrages which is more Illustrious by Poetical Figments then by real truths for it is perspicuous that the first Kingdom and Royalty was constituted by Nimrod whom the Sacred Letters call a mighty Hunter because by force he gained his Kingdom for before his age Liberty was equal to all and he was the first that compelled Free men to subjection and therefore is called Nimrodus In. Gen. 10. that is Dominus metuendus a terrible Lord and as Tostatus was the first King and Monarch because we read of none in Holy Scriptures Reigned before him But against this I surmise this Impostor will object who goeth about to make all Princes Tyrants in Titulo whose Power is not founded on popular Election or consent that Nimrod was a Tyrant because he was a mighty Hunter Populosque vi armis Sceptro subjecit and subjected the people by force and Armes to his Scepter but on the contrary he is said to be a mighty Hunter before the Lord because as Chrysostome saith Cajus in Arist Fo. 3. c. 10. Cornelius de lapide Melchior Canus Aben Ezra in 10. Gen. Barcl contrae Monarch F. 281. Acq. sum pa. 1. q. 63. Ar. 4. Syntag. Ic. l. 18. c. 18. c. 12. robur acceperat à Domino he had received his strength from the Lord by which he subdued the people that lived in that age and that he nutu beneplacito Dei by the impulse good pleasure of God had forced the barbarous and rude people unto a Civil life and stoutly ruled them by the Power of the Sword as many Commentators on that place observe so as if this Impostor will make Nimrod a Tyrant he must make the will and power of God Tyranny by which he obtained his Royalty for as Aquinas effectus semper convertitur in suum principium the effect is alwayes converted into his principle It is clear therefore that if we respect the foundation of Governement it is not Election or consent of the people as this Impostor would have it but force and Armes which first raised and established it which is also confirmed by Judicions Tholosanus primus vi constituit imperium alii partim successione alii Electione facti sunt reges The first by force constituted a Kingdom others were partly by succession and partly by Election made Kings Election then hath no priviledge in a Commonwealth which was first constituted by force neither in a setled Commonwealth hath it any power where succession reigneth which is almost universal and where it hath any vigor it is but little and in part for many Princes are and have been chosen by some part of the people but by the whole or major part none at all but most have been by the nobility Gentlemen and Princes of the blood as in Poland Denmark Swethland and Germany and not by any collective or representative body of a Nation whence this Impostor may learn if he scorn not instruction
that all just Power of Government is not founded upon those two bases of Gods immediate appointment or the peoples consent as he would have it but datur tertium to wit Warre and Victory which he might have learned of the ancient Father Tertullian Imperia armis quaeri Apoll. Resp ad Apollo Jur. F. 124. Victoriis propagari that Empires are purthased by Armes and pronagated by Victories or else of his new Master Suares Solent i●terdum provinciae seu populi liberi involuntarie subjici regibus per bellum Provinces and free people are unwillingly sometimes made subject by Warre but this hapneth to be done justly or injustly when therefore Warre hath a just Title the people is justly deprived of the power they had and the Victor that prevaileth against them hath true Right and Dominion over them For jus est in Armis there is Right in Armes and it is the most potent Right which the Roman Civilian Cicero was at the last forced to confesse Ep. ad Atticum Nullum Jus plus potest quam arma ut enim quisque potentissimus est it a justissime dicere facere omnia videtur no Law hath more power then Armes for as every one is more potent so doth he seem to say and do all things most justly By this it is perspicuous that there are three bases of all just power of Government the immediate appointment of God Warre and Victory and the Election and consent of the people And therefore this Impostor shall give me leave to inferre his conclusion that whosoever doth arrogate to himself that power or any part of it and cannot produce any of these three Titles is not a Ruler but a Tyrant And now let this Impostor dare to ask his Highness Quis te constituit Principem Judicem super nos who made the Prince and Judge over us and he shall be fully answered to wit that he was made a Prince and Judge over us by the immediate appointment of God by the Right of Warre and by the consent of the people which two Titles dimane also from the Divine providence as shall be in the sequel showed but first of the immediate appointment of God The power of all Kings Princes and Rulers immediately proceeds from God though not by his special revelation which was onely incident to some of the Kings of Israel Rom. 13.1 yet by particular designation which is common to all and is a matter of Faith if we will believe St. Paul who saith There is no power but of God which he useth as a reason to perswade due obedience to the Prince and that God is the immediate Dispensator of that power he proveth by the Authority God hath given to a Prince to revenge and execute wrath upon him that doth evil Ib. 2.4 by depriving him of life if it be requisite as he saith that he beareth not the Sword in vain which is onely in the gift and power of God who is Dominus vitae necis the Lord of life and death for no man hath power to take away his own life without the guilt of being a Murderer and therefore are Princes called by the Prince of Poets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods Son and Schollers and by a more Divine Poet Homer Gods Dixi quod dii estis I have said you are Gods because they immediately have their power from God Solomon the Wisest of Kings acknowledged this By me Kings Raign and Princes degree Justice Prov. 14.21 And Daniel who was wiser then all the Astrologers and Magitians taught Nebuchadnezzar this lesson Thou O King art King of Kings for the Lord of Heaven hath given thee a Kingdom power strength Dan. 2.21 Apology fetcht out of Allen. and glory and that he changeth the times and seasons he removeth Kings and setteth up Kings which none will deny but he that saith in his heart there is no God but nature to which purpose speaks some of the Papists and Jesuits and especially Bellarmine Bellarm. de conc l. 2. c. 19. In regnis hominum potestas Regis est à populo c. In the Kingdom of men the power of the King is from the people which power is immediately in the multitude as in the Subject and Suares second to none in subrility says that God is said to give this power to the Prince because he hath immediately given it to the people who transferres it to the Prince and this saith he is modus maxime connaturalis optimus qui intra latitudinem naturalis rationis cogitaripotest the most connatural and best meanes Resp ad Apollo Jur. fidel F. 127. which can be thought or found within the Latitude and extent of natural reason Which to confirme he produceth Scripture that whereas St. Paul saith there is no power but of God he doth not say that every Prince is constituted of God for his saying is not of any Prince but of the power and so as he said before the power being immediately in the people from God is immediately by them conveyed to the Prince yet will he not allow the power to be immediately in the people Ex peculiari institutione donatione divina from the peculiar institution and Divine gift sed per naturalem consequutionem ex vi primae creationis but by natural consequence from the force of his first creation in which they seem to ascribe more to natural reason and production then to Divine patesaction But St. Paul is his own Interpreter for after his general Doctrine of obedience to the power he expoundeth it in the singular and applyeth it to the Prince in particular as he is the Minister of God to thee and then again that he beareth not the Sword for nought and least they should forget it he reiterateth it for he is a Minister of God c. But it is objected that though St. Peter makes the King Supreame yet he tells us the King is an humane Ordinance or creature of the people for the words are Submit your selves to every Ordinance of man for the Lords sake but it is answered 1 Pet. 2.11 Kings may be called an humane Ordinance for being made of one of the people and not by the people and are humane in regard of their material cause though not of their efficient and if Peter had meant that Kings had been made by the people he must also have meant that the Governors had been made by the people for he saith they are sent by him not by them for the punishment of evil Doers so as the Governors are sent by the King not by the people This needs no application were it not for this Impostors exprobations for who but such a blind Bayard will question who made his Highness a Prince and Judge over us and cannot see what wondrous works the immediate hand of God hath wrought by him who as Moses delivered this captive Nation from the bondage and Tyranny