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

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That such was the State of the Commonwealth that that of necessity must be governed by the Councel and eare of one And Necessitas est Lex temporis Necessity is the Law of the times which we are forced to obey and against which as one saith Ne dii quidem pugnare possint App. Alexand. de Bello Civilis And therefore the Senate and People of Rome after the Conquest of Pompey as Appian saith did not onely create Caesar perpetual Dictator but with the Dictatorship gave him the perpetual Consulship to the Consulship the Title of Emperour and the sirname of Pater Patriae whereof Cicero was one Neither could the Senate plead any excuse for Caesar's murder whom they themselves acknowledged Supreme But condemned it as an horrid parricide Onely the prevaricator Cicero who as this Impostor saith if he was not conscious of that design yet he affected the honour to be thought so as appeareth by his Philippick and invective Orations for which he justly paid the mult of his head which forged them and his hands which pressed them and were both fastned to the Rostrum wherin he made them which may be the Impostors penalty in the end for his prevaricative and invective pamphlet and that jure who is as faithless and calumnious as the other Insomuch as if Caesar was an Invador as this Impostor conceiveth yet was he rightly fixed and se●led in the Majesty of the Empire by the Decree of the Senate and consent of the people who were so enraged at his death that they unanimously flocked to the houses of the Parricides to punish and tear them in pieces Plut. Vit. Caesaris But I will conclude this Question with the determination of Tholosanus Exempla Tyrannicidarum Syntag. l. 6. c. 20. saith he non hic sunt sequenda The Examples of Tyrannicides are not here to be followed which happened in a free Commonwealth which had no King nor did not subject themselves to him or that those things which were done rashly be measured by the success which this Impostor seems to acknowledge in that he saith That now he will conclude with authorities are much more authentick and Examples we may much more safely imitate as if it were not very safe to imitate the former And now Ventum est ad triarios He is driven to his last refuge The ranks of his many battails are broken and his humane arguments routed and forced to his last reserve and to bring up his triaries and divine authorities into the field on which he chiefly relies but they like a staff of reed will fail him and though primo impetu at the first dispute they seem more then men yet at the second they will prove Minus Faeminarum Weaker then Women and soon overcome But to encounter them in the same order they are ranked Deut. 17. Ch. 12. Ver. The first is drawn from the Law of God which decreeth certain death to that man that doth not hearken as he saith or submit himself to the Judge or the Decision of Justice and thence inferreth that neither that nor any other Law is in force if there were no way to put it in execution and against a Tyrant processe and citation have no place neither have any formal remedies against him and therefore includes that every man may kill him Joan. Sarisb de nug Cur. l. 8. c. 20. But he rowls the same stone he did before and the same answer will satisfie both That a Tyrant is the Minister of God whom any private man ought not to resist but is to be left to the Judgement of the Lord who will either take vengeance on him or permit him for our punishment or trial to remain Regum timendorum in proprios greges Horat. Reges in ipsos Imperium est Jovis The next is taken from the example of Moses every English man saith he hath more cause and as much call as Moses had to slay the Aegyptian But as he hath no cause as hath been manifested so hath he no such call for Moses from the inspiration of God obtained his authority who moved him to this slaughter that he might begin to shew himself an avenger of his people and to kill the publick Enemy which is the interpretation of the best Commentators according to the harmony of the Scriptures For Stephen saith that Moses seeing one of his Brethren suffring wrong Acts 7 Chapt. 24 25. Ver. defended him and smote the Egyptian who oppressed him supposing his Brethren would have understood that God by his hand would have delivered them but they understood not Though Moses did know that he was ordained a Captain from God to vindicate the Hebrews and that he should prepare himself by this slaughter to that charge And though he did fly out of Egypt yet as the Apostle saith by Faith Moses forsook Egypt Heb. 11.27 and feared not the feirceness of the King for he endured as he that saw him which is invisible that is he did it not for fear but believed in his time to deliver Israel What imprudence or impudence is it therefore in this Impostor to aver that Moses had no other call we read of but the necessity his Brother stood in of his help when the contrary is cleared by the Scriptures that he had his call in this action immediately from God who by the smiting of the Egyptian was prepared and animated to the deliverance of Israel The example of Ehud followeth which both his Masters Mariana and Suarez principally urge Suarez in Apol pro Jur. fidel Mor. de Rege Inst l. 1. c. 6. Grotius l. 1. c 4. that he as a private person killed Eglon the King of the Moabites to free the Israelites from his Tyranny But as Grotius saith Sacred authority doth plainly justifie that he was raised by God and by his special command to avenge the Tyranny of the Israelites And that God also by what Ministers he pleased did execute his Judgements against other Kings as he did by Jebu against Joram neither doth it appear saith he that the King of the Moabites had no right to rule by compact which seemeth probable by the whole eighteen years time he ruled them that some consent might passe between them And w●ereas he saith That a Tyrant is not a Devil to be cast out by prayer and Fasting but by a Dagger of a cubit long yet was it the onely and pious meanes the people of God used to free themselves from the Tyranny and Slavery of Nebuchadnezzar and other Princes which at the last they obtained without the helpe of a Dagger but he had rather run to the Devil for a Dagger to execute his revenge then fly to God by prayer for his deliverance Judg. 10. This same answer also may be given to his Example of Sampfon for it is perspicuous by his miraculous acts that he was raised by God to begin to deliver Israel out of the hands of the