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Word A Word B Word C Word D Occurrence Frequency Band MI MI Band Prominent
judgement_n defendant_n king_n plaintiff_n 1,446 5 10.0346 5 false
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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

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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