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
and peace in this life and eternal glory in the life to come Farewell From Stirveling the tenth day of January in the year of mans salvation one thousand five hundred seventy nine A DIALOGUE Concerning that JUS or RIGHT of Government amongst the SCOTS Persons GEORGE BVCHANAN And THOMAS MAITLAND THomas Maitland beeing of late returned home from France and I seriously enquiring of him the state of affaires there began for the love I bear to him to exhort him to continue in that course he had taken to honour and to entertain that excellent hope in the progress of his studies For if I being but of an ordinary spirit and almost of no fortune in an illiterat age have so wrestled with the iniquity of the times as that I seeme to have done somewhat then certainly they who are born in a more happy age who have maturity of years wealth and pregnancy of spirit ought not to be deterred by paines from noble designes nor can such despair beeing assisted by so many helps They should therefore go on with vigour to illustrat learning and to commend themselves and those of their nation to the memory of after ages posterity yea if they would but bestirre themselves herein somewhat actively it might come to pass that they would eradicat out of mens minds that opinion that men in the cold regions of the world are at as great distance from learning humanity all endowments of the mind as they are distant from the Sun For as Nature hath granted to the Affricans Egyptians and many other Nations more subtile motions of the mind and a greater sharpness of wit yet she hath not altogether so far cast off any nation as to shut up from it an entry to vertue and honour Hereupon whilst he did speak meanly of himself which is his modesty but of me more affectionatly than truely at last the tract of discourse drew us on so far that when he had asked me concerning the troubled state of our countrey and I had answered him as far as I judged convenient for that time I began by course to ask him what was the opinion of the Frenches or other Nations with whom he had conversed in France concerning our affaires For I did not question but that the novelty of affaires as is usual would give occasion and matter of discourse thereof to all Why saith he do you desire that of me For seeing you are wel acquaint with the course of affaires and is not ignorant what the most part of men do speak and what they think you may easily guess in your own conscience what is or at least should be the opinion of all B but the further that forrain Nations are at a distance they have the less causes of wrath hatred love and other perturbations which may divert the mind from truth and for the most part they so much the more judge of things sincerely and freely speak out what they think that very freedome of speaking and conferring the thoughts of the heart doth draw forth many obscure things discovers intricacies confirme doubts and may stop the mouth of wicked men and teach such as are weak M Shall I be ingenuous with you B why not M Although I had a great desire after so long a time to visite my native Country Parents Relations and friends yet nothing did so much inflame my desire as the clamour of a rude multitude For albeit I thought my selfe well enough fortified either by my own constant Practice or the morall precepts of the most learned yet when I came to fall upon the present case I know not how I could conceale my pusillanimity For when that horrid villany not long since here perpetrat all with one voice did abominat it the Author hereof not being known the multitude which is more acted by precipitancy than ruled by deliberation did charge the fault of some few upon all and the common hatred of a particular crime did redound to the whole Nation so that even such as were most remote from any suspicion were inflamed with the infamy of other mens crime When therefore this storme of calumny was calmed I betook my self very willingly into this port wherein notwithstanding I am afraid I may dash upon a rock B. Why I pray you M. Because the atrociousness of that late crime doth seeme so much to inflame the minds of all already exasperat that now no place of Apology is left For how shall I be able to sustain the impetuous assaults not only of the weaker sort but also of those who seeme to be more sagacious who will exclaime against us that we were content with the slaughter of an harmeless youth an unheard of cruelty unless we should shew another new example of atrocious cruelty against women which sexe very enemies do spare when cities are taken in by force Now from what villany will any dignity or Majesty deterre those who thus rage against Kings or what place for mercy will they leave whom neither the weakness of sexe nor innocency of age will restrain Equity Custome Lawes the Respect to Soveraignty Reverence of Lawful Magistracy which hence forth they will either retain for shame or coërce for fear when the power of supreame authority is exposed to the ludibry of the basest of the people the difference of equity and iniquity of honesty and dishonesty being once taken away almost by a publick consent there is a degeneracy into cruel barbarity I know I shall hear these and more atrocious than these spoken how soon I shall returne into France again all mens ears in the mean time being shut from admitting any Apology or satisfaction B. But I shall easily liberat you of this fear and our Nation from that false crime For if they do so much detest the atrociousness of the first crime how can they rationally reprehend severity in revenging it or if they take it ill that the Queen is taken order with they must needs approve the first deed choose you then which of the two would you have to seeme cruel For neither they nor you can praise or reproach both provided you understand your selves M. I do indeed abhorre and detest the Kings murther and am glad that the Nation is free of that guilt and that it is charged upon the wickedness of some few But this last fact I can neither allow nor disallow for it seemes to me a famous and memorable deed that by counsel and diligence they have searched out that villany which since the memory of man is the most hainous and do pursue the perpetrators in a hostile manner But in that they have taken order with the chief Magistrat and put contempt upon Soveraignty which amongst all Nations hath been alwayes accounted great and sacred I know not how all the Nations of Europe will relish it especially such as live under Kingly Government surely the greatness and novelty of the fact doth put me to a demurre albeit I am
by the like animadversion may not some Art of Reigning be described as wel as the Art of Physick M. I think there may B. Of what Precepts shall it consist M. I do not know at present B. What if we shall find it out by comparing it with other Arts M. What way B. This way there be some Precepts of Grammar of Physick and Husbandry M. I understand B. Shall we not call these Precepts of Grammarians and Physicians Arts and Lawes also and so of others M. It seems indeed so B. Do not the Civil Lawes seem to be certain Precepts of Royal Art M. They seem so B. He must therefore be acquaint therewith who would be accounted a King M. It seemes so B. What if he have no skill therein Albeit the People shall command him to reigne think you that he should be called a King M. You cause me here hesitate For if I would consent with the former discourse the suffrages of the People can no more make him a King than any other Artist B. What think you shall then be done for unless we have a King chosen by suffrages I am afraid we shall have no lawfull King at all M. And I fear also the same B. Will you then be content that we more accuratly examine what we have last set down in comparing Arts one with another M. Be it so if it so please you B. Have we not called the Precepts of Artists in their several Arts Lawes M. We have done so B. But I fear we have not done it circumspectly enough M. Why B. Because he would seem absurd who had skill in any Art and yet not to be an Artist M. It were so B. But he that doth performe what belongs to an Art we will account him an Artist whether he do it naturally or by some perpetual and constant tenour and faculty M. I think so B. We shall then call him an Artist who knowes wel this rational and prudent way of doing any thing wel providing he hath acquired that faculty by constant practice M. Much better than him who hath the bare Precepts without use and exercitation B. Shall we not then account these Precepts to be Art M. Not at all but a certain similitude thereof or rather a shaddow of Art B. What is then that Governing Faculty of Cities which we shall call Civil Art or Science M. It seemes you would call it Prudence out of which as from a fountain or spring all Lawes provided they be usefull for the preservation of humane society must proceed and be derived B. You have hit the nail on the head if this then were compleat and perfect in any person we might say he were a King by nature and not by suffrages and might resigne over to him a free Power over all things but if we find not such a man we shall also call him a King who doth come nearest to that eminent excellency of Nature embracing in him a certain similitude of a true King M. Let us call him so if you please B. And because we fear he be not firme enough against inordinat affections which may and for the most part use to decline men from truth we shall adjoyn to him the Law as it were a Colleague or rather a bridler of his lusts M. You do not then think that a King should have an arbitrary Power over all things B. Not at all for I remember that he is not only a King but also a man erring in many things by ignorance often failing willingly doing many things by constraint yea a creature easily changeable at the blast of every favour or frown which natural vice a Magistrat useth also to increase so that here I chiefly find that of the Comedy made true All by licence become worse Wherefore the most prudent have thought it expedient to adjoyne to him a Law which may either shew him the way if he be ignorant or bring him back again into the way if he wander out of it by these I suppose you understand as in a representation what I judge to be the duty of a true King M. Of the cause of creating Kings of their name and duty you have fully satisfied me Yet I shall not repine if you please to add ought thereto Albeit my mind doth hasten to hear what yet seemes to remain yet there is one thing which in all your discourse did not a little offend me which I think should not be past over in silence viz. that you seem somewhat injurious to Kings and this very thing I did suspect in you frequently before whilst I often heard you so profusely commend the ancient Common-Wealths and the City of Venice B. You did not rightly herein judge of me For I do not so much look to the different forme of Civil Government such as was amongst the Romans Massilians Venetians and others amongst whom the authority of Lawes were more powerfull than that of men as to the equity of the forme of Government nor do I think it matters much whether King Duke Emperour or Consul be the name of him who is the Chiefest in Authority provided this be granted that he is placed in the Magistracy for the maintenance of equity for if the Government be lawfull we must not contend for the name thereof For he whom we call the Duke of Venice is nothing else but a lawfull King and the first Consuls did not only retain the honours of Kings but also their empire and authority this only was the difference that not one but two of them did reigne which also you know was usual in all the Lacedemonian Kings who were created or chosen not constantly to continue in the government but for one year We must therefore alwayes stand to what we spoke at first that Kings at first were institute for maintaining equity If they could have holden that soveraignty in the case they had received it they might have holden and kept it perpetually but this is free and loosed by Lawes But as it is with humane things the state of affaires tending to worse the Soveraigne Authority which was ordained for publick utility degenerated into a proud Domination For when the lust of Kings stood in stead of Lawes and men being vested with an infinite and immoderate power did not contain themselves within bounds but connived at many things out of favour hatred or self-interest the insolency of Kings made Lawes to be desired For this cause therefore Lawes were made by the People and Kings constrained to make use not of their own licentious wills in judgment but of that Right or Priviledge which the people had conferred upon them For they were taught by many experiences that it was better that their liberty should be concredited to Lawes than to Kings whereas the one might decline many wayes from the Truth but the other being deafe both to intreaties and threats might still keep one and the same tenor This one way of Government is to Kings
own law M It seemes that both doth it by Art For we have before concluded not that to be Art which consists of preceps but vertue contained in the mind which the Artist usually makes use of in handling the matter which is subject to Arts. Now I am glad seeing you speak ingenuously that you being constrained as it were by an interdiction of the very truth do so far restore the King from whence he was by force dejected B Stay you have not yet heard all There is an other inconvenient in the authority of lawes For the law being as it were a pertinacious and a certain rude exactor of duty â—hinks nothing right but what it self doth â—ommand But with a King there is an â—xcuse of infirmity and temerity and place â—f pardon left for one found in an errour The law is deaf cruel and inexorable â— young man Pleads the frailty of his years â— woman the infirmity of her sexe another â—is poverty drunkenness affection What â—aith the law to these excuses Go Officer or â—erjeant conveene a band of men hoodwink him scourge him hang him on a tree Now you know how dangerous a think it is 〈◊〉 so great a humane frailty to have the hope â—f safety placed in innocency alone M In â—ery truth you tell me a thing full of hazard â—â— Surely as oft as these things come into â—ind I perceive some not a little troubled M You speak true B When therefore I â—onder with my self what is before past as â—anted I am afraid lest the comparison of â— Physician and of a King in this case seeme â—ot pertinently enough introduced M In what case B when we have liberat both â—f the servitude of preceps and given them â— most a free liberty of curing M What â—oth herein especially offend you B When â—ou hear it you will then judge Two â—uses are by us set down why it is not expeâ—ient for a people that Kings be loosed from 〈◊〉 bonds of lawes namely love and hatred â—hich drive the minds of men to and fro in judging But in a Physician it is not to be feared lest he faile through love seeing he expecteth a reward from his patient being restored to health But if a patient understand that his Physician is solicited by intreaties promises and money against his life he may call another Physician or if he can find none other I think it is more safe to seek some remedy from books how deaf soever than from a corrupt Physician Now because we have complained of the cruelty of lawes look if we understand one another sufficiently M How so B We judged an excellent King such as we may more see in mind than with bodily eyes not to be bound by any lawes M By none B Wherefore M I think because according to Paul he should be a law to himself and to others that he may express in life what is by law enjoyned B You judge rightly and that you may perhapst the more admire severall ages before Paul Aristotle did see the same following nature as a leader which therefore I say that you may see the more clearly what hath been proved before to wit that the voice of God and nature is the same But that we may prosecute our purpose What shall we say they had a respect unto who first made lawes M Equity I think as hath been said before B. I do not now demand that what end they had before them but rather what patterne they proposed to temselves M Albeit perhaps I understand that yet I would have you to explain it that you may â—onfirme my judgment if I rightly take it 〈◊〉 if not you may amend my error B You know I think what the dominion is â—f the mind over the body M I seem to â—now it B You know this also what â—ver we do not rashly that there is a certain â—dea thereof first in our minds and that it is â— great deale more perfect than the works to â—e done which according to that patterne the â—hiefest Artists do frame and as it were â—xpress M That indeed I find by experiâ—nce both in speaking and writing and perâ—eive no less words in my mind than my â—inds in things wanting For neither can â—ur mind shut up in this dark and troubled â—rison of the body perceive the subtilty of all â—hings nor can we so endure in our mind the â—epresentations of things however foreseen in â—iscourse with others so as they are not â—uch inferiour to these which our intellect â—ath formed to it self B What shall we say â—hen which they set before them who made â—â—wes M I seem almost to understand what you would be at Namly that they in â—ouncill had an Idea of that perfect King and â—hat they did express a certain Image not of â—he body but of the mind according to that â—â—resaid Idea as near as they could And would have that to be in stead of lawes which 〈◊〉 is to think might be good and equitable M You rightly understand it For that is the very thing I would say But now I would have you to consider what manner of King that is which we have constitute at first was he not one firme and stedfast against hatred love wrath envy and other perturbations of the mind M We did indeed imagine him to be such a one or beleeved him to have been such to those Ancients B But do lawes seeme to have been made according to the idea of him M Nothing more likely B A good King then is no less severe and inexorable than a good law M He is even as severe but since I can change neither or ought to desire it yet I would slaken both somewhat if I can B But God desires not that mercy be shewed even to the poor in judgment but commandeth us to respect that one thing which is just and equal and to pronounce sentence accordingly M I do acknowledge that and by truth am overcome Seing therefore it is not lawfull to loose Kings from the bonds of lawes who shal then be the lawgiver Whom shall we give him as a Pedagogue B Whom do you think fittest to performe this duty M If you ask at me I think the King himself For in all other Arts almost we see their precepts are given by the Artists whereof they make use as it were of comments for confirming their memory and putting others in mind of their duty B On the contrary I see no difference let us grant that a King is at liberty and solved from the lawes shall wee grant him the power to comand lawes For no man will willingly lay bonds and fetters upon himself And I know not whether it be better to leave a man without bonds or to fetter him with slight bonds because he may rid himself thereof when he pleases M But when you concredit the helme of government rather to lawes than to Kings beware I pray you lest you make him a Tyrant whom
by name you make a King who with authority doth oppress and with fetters and imprisonment doth bind and so let him be sent back to the plough again or to his former condition yet free of fetters B Brave words I impose no lord over him but I would have it in the peoples power who gave him the authority over themselves to prescribe to him a modell of his government and that the King may make use of that justice which the people gave him over themselves This I crave I would not have these lawes to be by force imposed as you interpret it but I think that by a common council with the King that should be generally established which may generally tend to the good of all M You will then grant this liberty to the people B Even to the people indeed unless perhaps you be of another mind M Nothing seemes less equitable B Why so M You know that saying A beast with many heads You know I suppose how great the temerity and inconstancy of a people is B I did never imagine that that matter ought to be granted to the judgment of the whole people in general but that near to our custome a select number out of all estates may conveen with the King in council And then how soon an overturne by them is made that it be deferred to the peoples judgment M I understand well enough your advice But by this so carefull a caution you seem to help your self nothing You will not have a King loosed from lawes why Because I think within man two most cruell monsters lust and wrath are in a continuall conflict with reason Lawes have been greatly desired which might repress their boldness and reduce them too much insulting to regard a just government What will these Counsellours given by the people do Are they not troubled by that same intestine conflict Do they not conflict with the same evils as well as the King The more then you adjoyn to the King as Assessors there will be the greater number of fools from which you see what is to be expected B But I expect a far other thing than you suppose Now I shall tell you why I do expect it First it is not altogether true what you suppose viz. That the assembling together of a multitude is to no purpose of which number there will perhaps be none of a profound wit for not only do many see more and understand more than one of them apart but also more than one albeit he exceed their wit and prudence For a multitude for the most part doth better judge of all things than single persons apart For every one apart have some particular vertues which being united together make up one excellent vertue which may be evidently seen in Physicians pharmacies and especially in that antidot which they call Mithredat For therein are many things of themselves hurtfull apart which being compounded and mingled together make a wholesome remedy against poyson In like manner in some men slowness and lingering doth hurt in others a precipitant temerity both which being mingled together in a multitude make a certain temperament and mediocrity which we require to be in every kind of vertue M Be it so seeing you will have it so let the people make lawes and execute them and let Kings be as it were keepers of Registers But when lawes seeme to clash or are not exact and perspicuous enough in sanctions will you allow the King no interest ormedling here especially since you will have him to judge all things by written lawes there must needs ensue many absurdities And that I may make use of a very common example of that law commended in the Schooles If a Stranger scale a wall let him die What can be more absurd than this that the Author of a publick safety who have thrust down the enemies pressing hard to be up should be drawn to punishment as if he had in hostility attempted to scall the walls B That is nothing M You approve then that old saying the highest justice is the highest injury B. I do indeed If any thing of this kind come into debate there is need of a meek interpreter who may not suffer the lawes which are made for the good of all to be calamitous to good men and deprehended in no crime B. You are very right neither is there any thing else by me fought in all this dispute if you have sufficiently noticed it than that Ciceronian Law might be venerable and inviolable Salus populi suprema Lex esto If then any such thing shall come into debate so that it be clear what is good just the kings duty will be to advert that the Law may reach that rule I spoke of but you in behalf of Kings seems to require more than the most imperious of them assume For you know that this kind of questions is usually deferred to judges when Law seemeth to require one thing and the Lawgiver another even as these lawes which arise from an ambiguous right or from the discord of Lawes amongst themselves Therefore in such cases most grievous contentions of Advocats arise in Judicatories and Orators preceps are diligently produced M. I know that to be done which you say But in this case no less wrong seemes to be done to Lawes than to Kings For I think it better to end that debate presently from the saying of one good man than to grant the power of darkning rather than interpreting Lawes to subtile men and sometimes to crafty Knaves for whilst not only contention ariseth betwixt Advocat for the causes of parties contending but also for glory contests are nourished in the mean time right or wrong equity or iniquity is called in question what we deny to a King we grant to men of inferiour rank who study more to debate than to find out the truth B. You seeme to me forgetfull of what we lately agreed upon M. What is that B. That all things are to be so freely granted to an excellent King as we have described him that there might be no need of any Lawes But whilst this honour is conferred to one of the people who is not much more excellent than others or even inferiour to some that free and loose licence from lawes is dangerous M. But what ill doth that to the interpretation of law B. Very much Perhaps you do not consider that in other words we restore to him that infinit and immoderat power which formerly we denyed to a King namely that according to his own hearts lust he may turn all things upside down M. If I do that then certainly I do it imprudently B. I shall tell you more plainly that you may understand it· When you grant the interpretation of Lawes to a King you grant him such a licence as the Law doth not tell what the Lawgiver meaneth or what is good and equall for all in generall but what may make for the Interpreters benefit
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
Subjects or a domestick war within doores or else they are still in fear thereof Neither do they expect aid any where but by a mercenary way they dare not hire good men nor can they trust bad men what then in all their life can be to them pleasant Dionysius would not let his daughters once become women to trim him fearing to let the razor come to his throat Temoleon was killed by his own brother Alexander Pheraeus by his own wife and Sp Cassias by his own father He that still hath such examples set before his eyes what a torture do you imagine he carryeth about in his breast Seeing he thinks that he is the mark set for all mankind to shoot at Neither is he only while awake tormented with these tortures of conscience but also is awakned out of his sleep by terrifying sights both of the living and dead and agitat by the fire brands of hellish furies For the season which nature doth grant for rest to all creatures and also to men for relaxation of their cares to him is turned into horrours and punishment M. Forsooth you have handled these things very acutely but I know not if truely also but yet if I mistake not they make not so much for our purpose For they who have the power to choose what Kings they please in them is the power to bind by lawes such as they have chosen But you know that our Kings are not chosen but born Kings To whom I have alwayes thought it to be no less hereditary that their will and pleasure should stand for law than the Kingdome it self Nor am I rashly induced to be of this opinion but convinced by severall great Authors with whom I am not ashamed to be mistaken if at all I be in any mistake or errour For not to make mention of others Lawyers do affirme that by the Royall law which is made for the government of Kings all the peoples power is so transmitted into them that their will and pleasure should be accounted for lawes And indeed from this law did those threatnings of a certain Emperour arise that he would quite take away from lawyers all their science wherein they so much boast by one Edict B. You do very well that whilst you cite a most wicked Author of one of the greatest deeds thought good to suppress his name For that was C Caligula who wished but one neck for all the people of Rome Now in that Emperour there was nothing of a man far less of a King beside his shape you are not then ignorant how much authority may be due to him But as for the Royal law what it is when by whom and in what words it was made the very lawyers make no mention For that power was never in any of the Roman Emperours seeing from them appeals were made to the people But that ordinance whereby L Flaccus having oppressed the liberty of the people of Rome established by the silence of other lawes the Tyranny of L Sylla no man did ever hold for a law For of that ordinance such was the strength that whatever L Sylla had done should be ratified Which law never any free people was so infatuat as willingly to permit to be imposed on them Or if any such were he were indeed worthy to serve perpetually Tyrants and be punished for his folly But if any such law have been let us think it was an example proposed to us for caution but not for imitation M. Indeed you admonish well But that admonition belongeth to them in whose power it is to creat such Kings as most please them but to us it doth not at all belong who do not by suffrages elect the best Kings but accept of those that by chance are given us That also of a certain lawyer seemes properly to quadrat with us who have given to our Kings Ancestors that right and authority over us and our posterity that they and their posterity should perpetually hold their empire and authority over us I wish then you had admonished them I mean our Ancestors who once had it in their own power entirely to admit such Kings as they pleased But now that counsell of yours too late serves only for this not to amend the faults that are not in our power but deplore our Ancestors folly and acknowledge the misery of our condition For what can be left to those that are made slaves but to be punished for other mens folly And that our punishment may be made more light let us asswage them by patience let us not provoke their wrath by tumultuating importunely whose dominion over us we cannot cast off nor diminish their power nor flee from their force or weakness Now that Royal law to which you are so much an Adversary was not made in favours of Tyrants as you would have it seeme to be because it was approved by Justinian a very Just Prince With whom so plain flattery would not have had place For with a foolish Prince that of the Poet would prevaile whom doth false honour help or lying infamy terrify but a lewd man and a lyar B. Indeed Justinian as history reports was a great mighty man albeit some do report him to have been cruelly ingrate to Bellisarius But let him be such as you judge he was yet you may remember that it is recorded by some almost of that same age with him that Tribonius a chief man amongst the compilers of these lawes was a very wicked man and so might easily be induced to gratify also a very bad Prince But even good Princes do not hate this kind of flattery For Even those who will not kill any man do yet desire to have it in their power and there is nothing which he dare not believe of himself seeing his power equall to that of the Gods is commended But let us returne to our own Princes to whom you say the Kingdome doth come by inheritance and not by suffrages Now of our own only I speak for if I shall digress to speak of forrain Princes I fear lest our discourse become more prolixe than we intended M. I think you should do so For forrain affaires do not much belong to our dispute in hand B. That I may therefore begin at the first Principles This is sufficiently agreed upon that our Princes were chosen for their vertue who should governe others M. So do the writers of our affaires record B. Nor is this less known that many who have reigned cruelly and wickedly have been called to account by their Subjects some adjudged to perpetuall imprisonment others punished partly by exile and partly by death against whose killers no inquisition was ever made even when their Sons or kinsmen were assumed into their stead But who ever had killed good Kings were most severely punished so as no where else was murther more severely revenged And because it would be tedious to rehearse every one I shall produce some few of these last
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
will it more follow that we should not punish the rapines of Robbers for whom we are also commanded to Pray And if we should obey a good Prince it will not therefore follow that we should not resist a wicked Prince But if you consider the reason which did move Paul to write these things look that the place or argument make not much against you For he wrote this to chastise the rashness of some who did deny the authority of Magistrats to be necessary for Christians· For since the power of Magistrats is ordained against wicked men that we may all live righteously and an example of divine Justice might remain amongst men they affirmed that there was no use thereof amongst men who abhorre so much the contagion of vices as that they are a Law to themselves Paul doth not therefore speak of those who bear rule as Magistrats but of Magistracy it self that is of the function and office of those who rule nor yet of one or other Kind of Magistracy but of every forme of a Lawfull Magistracy Nor doth he debate with those who think that wicked Magistrats should be restrained but with those men who deny all authority of Magistrats who absurdly interpreting Christian liberty did affirme it to be an indignity for those that were made free by the Son of God and ruled by the Spirit of God to be under the power of any man That Paul might refute their errour he sheweth that Magistracy is a thing not only good but also sacred namely an ordinance of God and for that end institute that the assemblies and incorporations of men might be so continued that they might acknowledge Gods benefites towards them and might forbear to wrong one another God commanded them to be keepers of his Lawes who were constitute in dignity Now if we confess Lawes to be good as indeed they are and the keepers thereof worthy of honour we will be forced to confess that the office of the keepers is a good and profitable thing But Magistracy is terrible but to whom to the good or bad to the good it is not a terrour it being to them a defence from injury but to wicked men it is a terrour it is not so to you who are ruled by the Spirit of God But you will say to me what need have I then to be subject to Magistracy if I be the Lords freeman yea that you may approve your self to be the Lords freeman obey his Lawes for the Spirit of the Lord by whom you boast to be led and governed is both the Law-giver and approver of Magistrats and also the author of obedience to Magistrats We therefore in this will easily agree together that there is need of Magistracy even in the best common-wealths and that we should every way honour the same But if any man think otherwise we account him mad infamous and worthy of all punishment For he doth plainly contraveen the will of God revealed to us in the Scriptures But as for Caligula Nero Domitian and such like Tyrants why they should not be punished as breakers of divine and humane Law you have nothing here from Paul who treats of the power of Magistrats but not of the wicked Ministers of that power nor will they be at all Magistrats if you examine that Kind of Tyrants according to Pauls rule But if any will debate that wicked Princes are also ordained by God look that this his discourse be not captious For as they say in proverb God may put a hard wedge to cleave a hard knot so doth he set up a wicked man for punishing of wicked men but no man in his right wits dare affirme that God is therefore the Author of evill or wickedness even as no man is ignorant that he is the Author of punishing wicked men A good Magistrat also for the most part chooseth a wicked man to be an hangman for punishing guilty persons And albeit indeed that a Magistrat doth assume such an hangman for that office yet no impunity is granted him or all his misdeeds Nor will the Magistrat have him to be so above the Lawes as that he cannot be questioned thereby I will not stay longer upon this similitude lest Court flatterers cry out that I speak basely of the supreame Magistrat But however they exclaime certainly this they cannot deny that the hangmans function is a part of the publick office and perhaps of the Royall office or at least by the testimony of very Kings who complain that their Majesty and person is wronged as oft as any of their publick Ministers is wronged or violence done to them Now the punishment of wicked Malefactors and what ever else of that kind doth belong to the Kings office What say you of Majors or Provosts in Towns what of Generals of Armies what of Baillies What of Sherifs doth not Paul command us to be subject to them doth he hold them for private persons Now an account useth to be taken for mal-administration of all not only of Inferiour Magistrats but also of such as are equal to Kings I would therefore have them who from Pauls words do dreame that so great a power is given to Kings to shew me from him that Kings only are here to be understood by the name of power and therefore they only are to be exeemed from the punishment of Lawes or if when we say powers other Magistrats be also understood by the same Author who are ordained by God for the same use I would have them also to shew me where all Magistrats are loosed from the Lawes and pronounced free from the fear of punishment or if this immunity be granted to Kings only but denyed to others who are set in authority M. But Paul will have all to be subject to the higher powers B He commandeth so indeed but by this name of Power he must needs comprehend other Magistrats unless perhaps we imagine that Paul doth think no power at all to be in those Commonwealths which have not Kingly Government but plainly an anarchy therein M I do not believe that nor is it probable and the rather I am of this opinion because the current of all the most learned Interpreters on the place make for you who think that Pauls dispute there was against those that affirmed that no Lawes and Magistrats did at all belong to them B What say you to that which I lately spoke Do you think that those Tyrants before mentioned of all men the most cruell are meant by the Apostle M Yes but what produce you against me to hinder me from the belief thereof especially seeing Jeremy doth earnestly advise the Jewes and that by command of God to obey the King of Assyria and by no means to reject his authority and thence they inferre by the like reason that obedience should be given to other Tyrants also how cruell soever B That I may answer first to what you last spoke you must take notice that the Prophet doth
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 Printed in the Year 1680. The TRANSLATOR To the READER Candide Reader I Have presumed to trouble your attention with the Ceremony of a Preface the end and designe of which is not to usher in my Translation to the world with curious embellishments of Oratory that serving only to gratify or enchaunt a Luxuriant fancy but allennatly to apologize for it in case a Zoilus or a Momus shall happen to peruse the same Briefly then I reduce all that either of these will as I humbly perceive object against this my Work to these two Generals Prevarication and Ignorance First they will call me a Prevaricator or prevaricating Interpreter and that upon two accounts 1. Because I have say they sophisticated the genuine sense and meaning of the learned Author by interpreting and foisting in spurious words of mine own Secondly That I have quite alienated the literal sense in other places by a too Paraphrastical exposition To the first I answer that none are ignorant that the Original of this piece is a lofty Laconick stile of Latine Now I once having undertaken Provinciam Interpretis behoved to render my interpretation somewhat plain and obvious which I could never do in some places without adding some words claritatis gratiâ but alwayes I sought out the scope as far as my shallow capacity could reach and suited them thereunto Wherein I am hopfull that no ingenuous impartial Reader not prepossessed wiih prejudice against the matter contained in the Original and consequently against the Translation thereof will find much matter of quarrell upon that account if he will but take an overly view of the Original and so compare the Translation therewith For I have been very sparing in adding ought of my own To the second branch of the first challenge I answer briefly there are none who have the least smattering of common sense but know wel enough that it is morally impossible for an Interpreter to make good language of any Latine piece if he shall alwayes verbum verbo redere I mean if he adhere so close to the very rigour of the Original as to think it illicite to use any Paraphrase although the succinctness and summary comprehensiveness of the Original stile even cry aloud for it as it were but to silence in a word these Critical Snarlers where ever I have used any Paraphrase I likewise have set down the exposition ad verbum to the best of my knowledge as near as I could The Second Challenge is of Ignorance that because I have passed by some Latine verses of Seneca which are at the end of this Dialogue containing the Stoicks description of a King without translating them into English Now true it is I have done so not because I knew not how to interpret them for I hope Candide Readers at least will not so judge of me but because I thought it not requisite to meddle with them unless I could have put as specious a lustre upon them as my pen would have pulled off them for otherwise I would have greatly injured them which could never be done without a sublime veine of Poesy wherein I ingenuously profess ignorance so that if the last challenge be thus understood transeat because Nec fonte labra prolui Cabalino Nec in bicipiti somniasse Parnasso Memini ut repente sic Poeta prodirem And hence it is that all the Latine verses which occurre in this Dialogue are by me translated into Prose as the rest But I fear I have wearied your patience too long already and therefore I will go no further I wish you satisfaction in the Book and so Vive Vale. A DIALOGUE Treating of the JUS OR RIGHT which the Kings of Scotland have for exercising their Royal Power GEORGE BUCHANAN Author George Buchanan to King James the Sixth of that name King of Scots wisheth all health and happiness I Wrote several years ago when amongst us Affaires were very turbulent a Dialogue of the Right of the Scots Kings wherein I endeavoured to explain from the very beginning if I may so say what Right or what Authority both Kings and People have one with another Which book when for that time it seemed somewhat profitable as shutting the mouths of some who more by importunat clamours at that time than what was right inveighed against the course of affaires requiring they might be levelled according to the rule of right reason but matters being somewhat more peaceable I also having laid down my armes very willingly devoted my self to publick concord Now having lately fallen upon that disputation which I found amongst my papers and perceiving therein many things which might be necessary for your age especially you being placed in that part of humane affaires I though good to publish it that it might be a standing witness of mine affection towards you and admonish you of your duty towards your Subjects Now many things perswaded me that this my endeavour should not be in vain especially your age not yet corrupted by prave opinions and inclination far above your years for undertaking all heroicall and noble attempts spontaneously making haste thereunto and not only your promptitude in obeying your Instructors and Governours but all such as give you sound admonition and your judgment and diligence in examining affaires so that no mans authority can have much weight with you unless it be confirmed by probable reason I do perceive also that you by a certain natural instinct do so much abhorre flattery which is the nurse of Tyranny and a most grievous plague of a Kingdome so as you do hate the Court solaecismes barbarismes no less than those that seeme to censure all elegancy do love and affect such things every where in discouse spread abroad as the sawce thereof these titles of Majesty Highness and many other unsavoury compellations Now albeit your good natural disposition sound instructions wherein you have been principled may at present draw you away from falling into this errour yet I am forced to be some what jealous of you lest bad company the fawning foster-mother of all vices draw aside your soft and tender mind into the worst part especially seeing I am not ignorant how easily our other senses yeeld to seduction This book therefore I have sent unto you to be not only your monitor but also an importunat and bold Exactor which in this your tender and flexible years may conduct you in safety from the rocks of flattery and not only may admonish you but also keep you in the way you are once entred into and if at any time you deviat it may reprehend and draw you back the which if you obey you shall for your self and for all your Subjects acquire tranquillity
moderat and wholesome temperament confirme the infirme parts and compesce redundant humours and so take care of all the members that the weaker may not languish for want of nutrition nor the stronger become luxuriant too much M. Truely it must needs be so B. How then shall we call him who performeth these things in a Civil Body M. I am not very anxious about his name for by what name soever he be called I think he must be a very Excellent and Divine Person wherein the wisdom of our Ancestors seemeth to have much foreseen who have adorned the thing in it self most illustrious with an illustrious name I suppose you mean King of which word there is such an emphasis that it holds forth before us clearly a function in it self very great and excellent B. You are very right for we designe GOD by that name For we have no other more glorious name whereby we may declare the excellency of his glorious nature nor more suteable whereby to signify his Paternal care and Providence towards us What other names shall I collect which we translate to denote the function of a King Such as Father Aeneas Agamemnon Pastor of the People also a Leader Prince Governour By all which names such a signification is implyed as may shew that Kings are not ordained for themselves but for the People Now as for the name we agree wel enough If you please let us conferre concerning the function insisting in the same footsteps we began upon M. Which I pray B. Do you remember what hath been lately spoken that an Incorporation seemeth to be very like our body Civil commotions like to diseases and a King to a Physician If therefore we shall understand what the duty of a Physician is I am of the opinion we shall not much mistake the duty of a King M. It may be so for the rest you have reckoned are very like and seem to me very near in kin B. Do not expect that I will here describe every petty thing for the time will not permit it neither doth the matter in hand call for it but if briefly these agree together you shall easily comprehend the rest M. Go on then as you are doing B. The scope seemeth to be the same to us both M. Which B. The health of the body for curing of which they are adhibited M. I understand you for the one ought to keep safe the humane body in its state and the other the Civil body in its state as far as the nature of each can bear and to reduce into perfect health the body diseased B. You understand very wel for there is a twofold duty incumbent to both the one is to preserve health the other is to restore it if it become weak by sickness M. I assent to you B. For the diseases of both are alike M. It seemeth so B. For the redundance of things hurtfull and want or scarcity of things necessary are alike noxious to both and both the one and other body is cured almost in the same manner namely either by nourishing that which is extenuat and tenderly cherishing it or by asswaging that which is full and redundant by casting out superfluities and exercising the body with moderat labours M. It is so but here seems to be the difference that the humours in the one and manners in the other are to be reduced into a right temperament B. You understand it wel for the Body Politik as wel as the Natural hath its own proper temperament which I think very rightly we may call Justice For it is that which doth regard every member and cureth it so as to be kept in its function This sometimes is done by letting of blood sometimes by the expelling of hurtfull things as by egestion and sometimes exciting cast-down and timorous minds and comforting the weak and so reduceth the whole body into that temperament I spoke of and being reduced exerciseth it with convenient exercises and by a certain prescribed temperature of Labour and rest doth preserve the restored health as much as can be M. All the rest I easily assent to except that you place the temperament of the body Politik in Justice seing temperance even by its very name and profession doth justly seem to claime these parts B. I think it is no great matter on which of them you conferre this honour For seing all vertues whereof the strength is best perceived in action are placed in a certain mediocrity and equability so are they in some measure connected amongst themselves and cohere so as it seems to be but one office in all that is the moderation of lusts Now in whatsoever kind this moderation is it is no great matter how it be denominat albeit that moderation which is placed in publick matters and mens mutual commerces doth seem most fitly to be understood by the name of Justice M. Herein I very willingly assent to you B. In the creation of a King I think the Ancients have followed this way that if any among the Citizens were of any singular excellency and seemed to exceed all others in equity and prudence as is reported to be done in bee-hives they willingly conferred the government or kingdom on him M. It is credible to have been so B. But what if none such as we have spoken of should be found in the City M. By that law of Nature whereof we formerly made mention equals neither can nor ought to usurpe dominion for by nature I think it just that amongst these that are equal in all other things their course of ruling and obeying should be alike B. What if a People wearied with yearly ambition be willing to elect some certain Person not altogether endowed with all Royal Vertues but either famous by his Noble descent or warlike valour will you not think that he is a lawfull King M. Most lawfull for the People have power to conferre the Government on whom they please B. What if we shall admitt some acute man yet not endowed with notable skill for curing diseases shall we presently account him a Physician as soon as he is chosen by all M. Not at all for by learning and the experience of many arts and not by suffrages is a man made a Physician B. What maketh Artists in other Arts M. I think there is one reason of all B. Do you think there is any Art of Reigning or not M. Why not B. Can you give me a reason why you think so M. I think I can namely that same which is usually given in other Arts. B. What is that M. Because the beginnings of all Arts proceed from experience For whilst many did rashly and without any reason undertake to treat of many things and others again through exercitation and consuetude did the same more sagaciously noticing the events on both hands and perpending the causes thereof some acute men have digested a certain order of Precepts and called that Description an Art B. Then
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
of the publick tranquility and their domestick affairs nor could they justly claime any more than to ly lurking under the shadow of what ever Government they were under If that people had attempted to lay hold upon any part of Government they should have been accounted not only foolish but mad Nor should they come out of their lurking holes to breed trouble to those that did hold the helme of publick affaires in hand Immature licentiousnes was also to be repressed an unfit interpreter of Christian liberty What then doth Paul write doubtless new precept no but only these usuall precepts namely that Subjects should obey their Rulers servants their Masters and wives their hus bands nor should we think the Lords yoke how light soever doth liberat us of the bonds of our duty but vvith a more attentive mind than before to be bound thereunto so that we should omit nothing through all the degrees of duties in our relations that might any wayes make for acquiring the favour and goodwill of men And so it should come to pass that the name of God should be well spoken of amongst the Gentiles because of us and the glory of the Gospell more largely propagate For Performing of these things there was need of publick peace the keepers whereof were Princes and Magistrats albeit wicked May it please you that I set before you a manifest representation hereof Imagigine that one of our Doctors doth write to the Christians that live under the Turks to men I say of mean fortune fore dejected in mind weak and few in number and exposed to the injuries of all and every one What else I ask you would he advise them than what Paul did advise the Church that then was at Rome or what Jeremy advised the exiles in Assyria Now this is a most sure argument that Paul had a regard to those mens condition to whom he did write and not to all others because he diligently sets home the mutuall duties of husbands towards thier wives of wives towards thier hus bands of Parents towards thier children and of children towards their parents of servants towards thier Masters and of Masters towards thier servants And albeit he writes what the duty of a Magistrat is yet he doth not give them any particular compellation as he had done in the preceeding relations For which cause we shall judge that he gave no other precepts for Kings and others in Authority especially seeing thier lust was to be much more restrained that of private persons What other cause may we imagine than that at that time there were no Kings or Magistrats in the Church to whom he might write Imagine that Paul doth now live in our dayes wherein not only the people but Princes also Profess Christianity At the same time let there be some Prince who doth conceive that not only should humane Lawes but also divine Lawes be subject to his lust and pleasure and who will have not only his decrees but also his very nods to be accounted for Lawes like that man in the Gospel who neither did feare God nor reverence man who distributes the Church revenues amongst villains and rascals if I may so say and doth mock the sincere worshipers of God and accounts them but fools and mad men or fanaticks what would Paul write of such to the Church If he were like himself he would certainly deny that he should be accounted a Magistrat He would interdict all Christians to have any communion with him either in dyet speech or converse and Leave him to the people to be punished by the Lawes and would think they did nothing but their duty if they should account him not to be their King with whom they were to have no fellowship by the Law of God But there will not be wanting some Court slaves or Sycophants who finding no honest refuge become so impudent as to say that God being angry against a people doth set Tyrants over them whom as hangmen he appoints for punishing them Which to be true I do confess yet it is true that God many times doth stirre up from amongst the lowest of the people some very mean and obscure men to revenge tyrannicall pride and weakness For God as before is said doth command wicked men to be cut-off and doth except neither degree sexe or condition nor yet any man For Kings are not more acceptable to him than beggars Therefore we may truely averre that God being alike the â—â—her of all to whose providence nothing lyes 〈◊〉 and whose power nothing can resist will 〈◊〉 leave any wickedness unpunished Moreâ—â—er another will stand up and ask some â—â—ample out of Scripture of a King punished 〈◊〉 his Subjects which albeit I could not proâ—â—ce yet it will not presently follow that â—ecause we do not read such a thing therein to â—â—ve been done that it should be accounted 〈◊〉 an high crime and malefice I may rehearse â—mongst many Nations very many and sound â—awes whereof in holy write there is no â—xample For as the consent of all Nations â—oth approve that what the Law doth comâ—and is accounted just and what it forbidâ—eth is unjust so since the memory of man 〈◊〉 was never forbidden that what should not â—e contained in Lawes should not at all be â—one For that servitude was never received â—or will the nature of things so fruitfull of new examples suffer the same to be received that whatever is not by some Law commanded or recorded by some famous example should be accounted for a great crime and malefice If therefore any man shall ask of me an example out of the sacred Scriptures wherein the punishment of wicked Kings is approven I shall again ask him where is the same reprehended But if nothing done without some example doth please how many Civil statutes shall we have continued with us how many Lawes for the greatest Part thereof is not taken out of any old example but established against new deceits and that withoâ—â— example But we have already answered thâ—â—se that require examples more than was neeâ—â—full Now if the Jewish Kings were not pâ—â—nished by their Subjects they make not mucâ— for our purpose in hand For they were not first created by the people but were by Goâ— given them And therefore very justly 〈◊〉 who was the Author of that honour was 〈◊〉 punish their misdeeds But we debate thâ—â— the people from whom our Kings enjoy whâ—â—â—ever priviledge they claime is more powâ—â—â—full than their Kings and that the whoâ—â— people have that same priviledge over them which they have over every one in particulaâ— of the whole people All the rights and privâ—â—ledges of forrain nations who live undeâ— Lawfull Kings do make for us all the Nationâ— which are Subject to Kings chosen by themselves do commonly agree herein that whatever priviledge the people hath given to any the same they may require again very justly All commonwealths have still retained thâ—â— priviledge Therefore Lentulus having conâ—spired
with Catiline for overturning the commonwealth of Rome was compelled to renounce his Praetorship and the Decemviri the makers of the Roman Lawes were taken order with even whilst they enjoyed thâ— supream authority Some Dukes of Venice and Chilpericus King of france laying aside their Royall honours as private men spenâ— their dayes in Monasteries And not long ago Christiernus King of the Danes twenty years almost after he was deprived of his Kingdome did end his life in prison Now the Dictatorship which was a Kind of Tyranny was in the peoples power And this priviledge hath been constantly observed that publick benefices granted amiss and the liberty granted to ingrate persons set at liberty whom Lawes do very much favour might be taken back again These things we have spoken of forrain Nations lest we alone seeme to have usurped any new priviledge against our Kings But as to what doth properly belong to us the matter might have been handled in few words M What way For this I am very desirous to heare B I might enumerat twelve or more Kings who for great crimes and flagitious deeds have been either adjudged to perpetuall imprisonment or escaped the just punishment of their wickedness either by exile or voluntary death But lest any blame me for relating old and obsolete stories if I should make mention of Culen Even and Ferchard I shall produce some few within the memory of our forefathers All the Estates in a publick convention judged James the third to have been justly killed for his great cruelty and flagitious wickedness towards his Subjects and did caution that none of them who had aided consented or contributed money or had been active therein to be called thereafter into question therefore That they therefore did judge the deed to be duely and orderly done it being once down doubtless they desired it might be set down for an example in timâ— coming surely no less than L Quintiuâ— sitting in judgment did Commend Serviliuâ— Ahalus for having killed before the bench Spâ— Mellus turning his back and refusing to comâ—pear into judgment and that he was not guilty of blood shed but thought him to be nobiâ—litat by the slaughter of a Tyrant and alâ— posterity did affirme the same What Subjecâ— hath ever approved the slaughter of one affecâ—ting Tyranny what do you suppose would he have done with a Tyrant robbing the good of his Subjects and shedding their blood What hath our men done do not they seemâ— to have made a Law who by a publick decreâ— without any punishment have past by a flagitiâ—ous crime committed if such like shall happeâ— in time coming for at most there is no diffeâ—rence whether you judge concerning thaâ— which is done or make a Law concerning what is to be done For both wayes a judgâ—ment is past concerning the Kind of the crime and concerning the punishment or reward oâ— the actor M. These things will perhaps havâ— some weight amongst us But I know not how other Nations abroad will take them You seâ— I must satisfy them Not as in a judiciall way I were to be called in question for the crime but openly amongst all concerning the fame not mine for I am far from any suspition thereof but of my countrey men For I am afraid lest forrain Nations will rather blamâ— the decrees wherewith you suppose you are sufficiently protected than the crime it self full of cruelty and hatred But you know if I mistake not what is usually spoken according to the disposition and opinion of every one on both hands concerning the examples you have proposed I would therefore because you seeme to have expeded what is past not so much from the decrees of men as from the springs of Nature you would briefly expound if you have ought to â—ay for the equity of that Law B. Albeit that may seeme unjust to stand at the bar to plead amongst forrainers for a Law approved from the very first times of our Scots Government by Kings by the constant practice of so many ages ago necessary for the people not unjust for Kings but Lawfull but now at last accused of illegality yet for your sake I shall try it And as if I were debating with those very men who would trouble you I first ask this What do you think here worthy of reprehension Is it the cause why is it sought for or is it the Law it self which you reprehended for the Law was sought for repressing the unjust lusts of Kings Whoever doth condemne this must likewise condemne all the Lawes of all Nations for all Lawes were desired for the very same cause Do you reprehend the Law it self do you think it Lawfull that Kings be exempted of or not lyable to the Lawes let us then see if that be also expedient And for proving that it is not expedient for the people there needs not many words For it in the former discourse we have rightly compared a King to a Physician as it is not expedient for people that impunity be permitted to a Physician for killing whom he pleaseth so it is not for the good of all that a promiscuous licence be granted to Kings for making havock of all We have no cause then to be offended with a people whose chief power it is in making Lawes if as they desire a good King to be set over them even so a Law to be set over a King none of the best But if this Law be not for the Kings use or profit let us see if the people should be dealt with to remit somewhat of their priviledge and of abrogating it not for the space of three dayes but according to our usuall way we indict a Parliament to meet within fourty dayes In the mean time that we may reason together concerning the Law tell me doth he seeme to respect the good of a mad man who looseth his bonds M. Not at all B. What do you think of him who giveth to a man sick of a feaver so as he is not far from madness a drink of cold water though earnestly craving it do you think he deserveth well of that sick man M. But I speak of Kings of a sound mind I deny that there is any need of medicine for such as are in health nor of Lawes for Kings of a sound mind But you would have all Kings to seeme wicked for you impose Lawes upon all B. I do not think that all Kings are wicked Nor do I think all the people to be wicked and yet the Law in one voice doth speak to the whole people Now wicked men are afraid at that voice good people do not think it belongs to them Thus good Kings have no cause to be offended at this Law and wicked Kings if they were wise would render thanks to the Law giver who hath ordained what he understood would not be proâ—â—table for them nor to be Lawfull for them to do Which indeed they will not do if so be they shall
once returne again to their right mind Even as they who are restored to health do render thanks to their Physician whom before they had hated because he would not grant their desires whilst they were sick But if Kings continue in their madness who ever doth most obey them is to be judged their greatest enemy Of this sort are flatterers who by flattering their vices do cherish and increase their disease and at last together almost with Kings are utterly ruined M. I cannot indeed deny but that such Princes have been may be restrained by Law-bonds For there is no monster more violent and more pestiferous than man when as it is in the Poets fables he is once degenerat into a beast B. You would much more say so if you consider how many wayes a man becomes a beast and of how many severall monsters he is made Which thing the old Poets did acuely observe and notably express when they say that Prometheus in the framing of man did give him some particle out of every living creature It would be an infinite work for me to relate the natures of all one by one But certainly two most vile monsters do evidently appear in man wrath and lust But what else do Lawes act or desire but that these monsters be obedient to right reason and whilst they do not obey reason may not Lawes by the bonds of their sanctions restrain them who ever theâ— doth loose a King or any other from these bonds doth not loose one man but throwes in against reason two monsters exceeding cruell and armeth them for breaking asunder the barrs of Lawes so that Aristotle seemeth to have rightly and truely said that he who obeyeth the Law doth obey both God and the Law but he that obeyeth the King doth obey both a man and a beast M. Albeit theâ—se things seeme to be said appositely enough yet I think we are in a mistake two wayes First because the last things we have spoken seem not to agree well enough with the first Next because as we may well know wâ— seem not to have yet come to the main poinâ— of our debate For a litle before we were aâ— agreement that the voice of the King and Law ought to be the same here again we make him Subject to the Lawes Now though we grant this to be very true what have we gaineâ— by this conclusion for who shall call to aâ— account a King become a Tyrant for I fear priviledge without strength will not be poâ—werfull enough to restrain a King forgetfuâ—â— of his duty and unwilling to be drawn untâ— judgment to answer for maladministration B. I fear ye have not well pondered what we have before debated concerning the royall power For if ye had well considered it you had easily understood what you now have said that betwixt them there is no contradiction But that you may the more easily take it up first answer we when a Magistrat or clerk doth utter the words of a proclamation before an Herauld Is not the voice of both one and the same I say of an herauld and of a clerk M. It is the same indeed B. Which of the two seeme greatest M. He who first doth utter the words B. What is the King who is the Author of the Edict M. Greater than both B. Then according to this similitude let us set down the King the Law and the people The voice is the same both of King and Law Which of the two hath the authority from the other The King from the Law or the Law from the King M. The King from the Law B. From whence collect you that M. Because the King was not sought for to restrain the Law but the Law to restrain the King And from the Law he hath that whereby he is a King for without the Law he would be a Tyrant B. The Law then is more powerfull than the King and is as a Governess and moderatrix both of his lust and actions M. That is already granted B. What Is not the voice of the people and the Law the same M. The very same B. Which of the two is most powerfull the people or the Law M. I think the whole people B. Why do you think so M. Because the people is as it were the parent of the Law certainly the Author thereof they being able to make or abrogat it as they please B. Seeing then the Law is more powerfull than the King and the people more powerfull than the Law we must see before which we may call the King to answer in judgment Let us also discuss this Are not the things which for some others sake are institute of less account than those for whose sake they are required or sought M. I would have that more clearly explained B. Follow me thus is not a bridle made for the horse sake M. It is so B. Are not sadless girdings and spurrs made for horses M. They are B. Now if there were no horse there should be no use of such things M. None at all B. A horse is then better than all these M. Why not B. Why a horse for what use is he desired M. For very many uses and first of all for obtaining victory in war B. We therefore do esteeme the victory to be of more worth than horses armes and other things which are prepared for the use of war M. Of more worth indeed it is B. What did men especially regard in creating a King M. The peoples good as I suppose B. But would there be no need of Kings if there were no socities of men M. None at all B. The people then is better than the King M. It must needs be so B. If the people to better they are also greater When a King then is called to judgment before a people the lesser is called in to judgment before the greater M. But when shall we hope for that happiness that the whole people agree unto that which is right B. That indeed is scarce to be hoped for And to expect it is certainly needless otherwise a Law could neither be made nor a Magistrat created For neither is almost any Law alike to all nor is there almost any man in that popular favour so as to have no man either an enemy to him or envious or slanderer of him this now is desired that the Law be usefull for the greatest part and that the greatest part have a good opinion of him that is to be chosen What if the greatest part of the people may enjoyne a Law to be made and creat a Magistrat what doth hinder but that they also may judge him and appoint judges over him Or if the Tribunes of the people of Rome and the Lacedemonian Ephori were sought to modify the power of Magistracy should it seeme unjust to any man if a free people either upon the like or different account did foresee their own good in suppressing the bitterness of Tyranny M. Now I
seeme almost to preceive what a people can do but it is a matter of difficulty to judge what they will do or appoint to be done For the greatest part almost doth require old and usuall customes and hateth novelty which the rather is to be admired seeing there is so great an inconstancy in meat apparell buildings and in all houshold furniture B. Do not think that these things are spoken by me that I would have any new thing in this Kind to be done but that I might shew you it hath been of old that a King should answer in judgment before Judges which you did believe to be almost incredible or at least a novelty For to pass over how often it hath been done by our Ancestors as partly before we have said and you may also easily collect from history did you never hear of those who contended for the Kingdome to have appealed to Arbiters M. I have indeed heard it to have been sometimes done amongst the Persians B. And our writers affirme that the same was done by Grimas and Milcolumbus But lest you alleadge that that Kind of Arbiters were wount to be assumed by the Contenders own consent let us come to the ordinary Judges M. Here I am afraid you may as far prevail as if a man should spread nets in the sea to catch whales B. Why so I pray you M. Because all apprehending restraint and punishment is carryed on by the more powerfull against the weaker But before what judges will you command a King to compear Before them over whom he hath the supream power to judge whom he can compesce by this one word I Forbid B. What if some greater power be found which hath that right priviledge or jurisdiction over Kings which Kings have over others M. I desire to hear that B. We told you if you remember that this power is in the people M. In the whole people indeed or in the greatest part thereof I also yeeld thus further that it is in those to whom the people or the greatest part of them shall transmit that power B. You do well in holding in my pains M. But you know that the greatest part of the people is corrupted either through fear or reward or through some hope of a bribe and impunity so as they preferre their own benefit and pleasures or lusts to the publick utility and also safety Now there are very few who are not hereby moved according to that of the Poet. Good people are indeed rare scarce so many in number as there be gates in Thebes or issues of the River Nilus Now all the rest being a naughty rable fatned with blood and rapine enjoy their venal liberty and envy the liberty of others Now that I may pass from those with whom the name of wicked Kings also is sacred I also omit those who albeit they are not ignorant what is Lawfull and just or right yet preferre a quiet slougfulness to honest hazards and hesitating in their minds do frame their consultations on the expectation of the event or follow the good fortune of either party but not the cause How great this multitude will be you see B. Great indeed but yet not very great For the wrong of Tyrants may reach many but their good deeds very few For the advarice of the vulgar is insatiable as a fire is the more vehemently kindled by adding few all thereto But what is by force taken away from many doth rather increase the hunger of some few than satiat their lust And further the fidelity of such men for the most part is unstable As saith the Poet. Fidelity doth stand and fall with fortune But if they would also continue firme in their judgment they should not be accounted in the number of good subjects for they are the violators or rather betrayers of humane society which vice if not sufferable in a King is far less tolerable in a private person Who then are to be accounted the right subjects they who give obedience to the Lawes maintain and defend humane society who rather undergo all paines and Labours and all hazards for common safety than spend their time sluggishly in idleness void of all honesty who set before their eyes not their present enjoyments but the remembrance of eternity But if there be any whom fear and self interest recall from hazards yet the splendor of some notable atchievment and the beauty of vertue will raise up dejected minds and those who dare not be Authors or Leaders will not decline to become associats If therefore subjects be reckoned not by number but by dignity and worth not only the better part but also the greater part will stand for their liberty honesty and safety But if the whole common people dissent this sayes nothing to our present debate for we demand not what is to be done but what may Lawfully be done But now let us come to the ordinary judiciall sentences M That I just now look for B If any private man contend that his inheritance or some part of his land is unjustly detained by the King what do you think should this privat man do shall he pass from his land because he cannot set a judge over the King M Not at all but he may command not the King but his proxy to compear in judgment B Now see what strength that refuge hath whereof you make use For it is all one to me whether the King compear or his proxy or Advocat for both wayes the litis-contestation will redound to the Kings loss the dammage or gain will redound to him not to his Advocat by the event of the sentence In end he is found guilty that is he whose cause is agitat Now I would have you consider not only how absurd it is but also unjust to pass sentence against a King for a perty inheritance for lights in a house or for ease droppings thereof and no sentence to be past for parricide witchcraft or treason To make use of the severity of the Law in lesser matters and the greatest licence and impunity to be permitted in the greatest crimes So that that old proverb seemes plainly true Lawes are very like spiders webs which hold flies fast but let bigger beasts pass through Nor is that complaint and indignation of some just who say that it is neither honest nor equitable that judgment should pass against a King by a man of an inferrour rank seeing they see it received and admitted in debate about money or land and the greatest peers next to the King for the most part compear before the Judges who are inferiour to them in riches nobility and valour And not much above the vulgar rank and far more below the guilty than the greatest Peers are below Kings Nor yet for all this do these Noble men or Peers think it any derogation to their dignity Now if we shall once admit this that no man can be sisted before a judge unless the judge be every