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A94382 Killing noe murder. Briefly discoursed in three quæstions. By William Allen. Titus, Silius, 1623?-1704.; Allen, William, Adjutant-general of the army in Ireland, attributed name.; Sexby, Edward, d. 1658. 1657 (1657) Wing T1310; Thomason E501_4; ESTC R203800 27,104 20

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before any judgment past to kill him that but Aspired to Tyranny Likewise the Consular law which was made after the suppression of the Tyranny of the Decemvirate made it lawfull to kill any man that went about to Create Magistrates sine Provocatione c. Without reference and Appeal to the people By these lawes and Innumerable testimonies of Authours it appeares that the Romans with the rest of they re Philosophy had learned from the Grecians what was the naturall Remedie against a lyrant nor did they honour these lesse that durst apply it Who as Polybius Sayes Speaking of Conspiracies against Tyrants were not Hist lib. 6. Deterrimi Civium sed Generosisiimi Quique Maximi Auimi not the worst and meanest of the Cittizens but the most Generous and these of Greatest vertue Soe were most of these that conspired against Julius Caesar He himself thought Brutus worthy to succeed him in the Empire of the world And Cicero who had the title of Pater Patriae if he were not conscious of the designe Yet he at least affected the honour of being thought soe Quae enim Res unquam c. What Act sayes he o Jupiter more glorious Philip. 2. more worthy of Eternall memorie hath beene done not only in this Citty but in the whole world In this designe as the Troyan Horse I willingly suffer my self to be Included with the Princes In the same place he tells us what all vertuous Romans thought of the fact aswell as he Omnes Boni Quantum in ipsis fuit Caesarem occiderunt aliis consilium aliis animus aliis occasio defuit Voluntas nemini All Good men Saith he as much as lay in them killed Caesat Some wanted Capacity some Courage Others opportunity But none the will to doe it But yet we have not declared the extent of theire severity against a Tyrant They exposed him to fraud as well as force and left him no security in Oathes and compacts that neither law nor Religion might defend him that violated Both. Cum Tyranno Romanis nulla fides nulla jurisjurandi Religio Saith Brutus in Appian Appian lib. 7. de Benef. with a Tyrant the Romans thinke no faith to be kept observe no Religion of an Oath Seneca gives the Reason Quia quicquid erat quo mihi cohaereret c. For what ever there was of mutuall obligation betwixt us his destroying the lawes of humane society hath dissolud Sin soe these that thought that there was in hostem nefas that a villany might be committed against an enemie these that profes't non minus juste quam fortiter arma gerere Id. to manage theire armes with justice as well as Courage these that thought faith was to be kept even with the perfidious Saul of (b) Regulus Qui longum semper same c. Senec. in exerc 4.7 Mich. Ephes ad 5. Nich. yet they thought a Tyrant Could receiue no injustice but to be let live and that the most lawfull way to destroy him was the Readiest No matter wether by force or fraud for against Beasts of Prey men use the toyle and the net as well as the speare and the lance But soe great was theire detestation of a Tyrant that it made some take theire opinions from theire passions and vent things which they could but ill justifie to theire morality they thought a Tyrant had soe absolutety forfeited all title to humanity and all kind of Protection they could give him or his that they left his wife without any other Guard for her chastity but age and deformity and thought it not adultery what was committed with her Many mote testimonies might I bring for 't is harder to make choice then to find plenty But I shall conclude with Authorities that are much more Authentique and examples we may much more sately Imitate The law of God it self decree'd Certaine (c) Vtique morietur vir ille Deut. 17.12 death to that man that would doe presumptuously and submit to no Decision of Justice Who can Read this and thinke a Tyrant ought to live But Certainly neither that nor any other law were to any effect if there were no way to put it in execution But in a Tyrants Case Processe and Citation have no place and if we will only have Formall Remedies against him we ave sure to have none There 's ' small hopes of Justice where the Malefactour hath a power to condemn the Judge All remedie therfore against a Tyrant is Ehuds dagger without which all our lawes were fruitlesse and we helplesse This is that high Court of justice where Moses brought the Egyptian whether Ehud brought Eglon Samson the Phililtins Samuel Agag and Jehoiada the she Tyrant Athaliah Let us a little consider in particular these severall examples and see whether they may be proportioned to our purpose First as to the case of Moses and the Egiptian Ex. 2.11.12 certainly every Englishman hath as much call as Moses and more cause then he to slay this Egiptian that is alwayes laying on burdens and alwayes smiting both our brethren and our selves For as to his call he had no other that we read of but the necessity his brother stood in of his help He look't on his brethrens burdens and seeing an Egiptian smiting an Hebrew knowing he was out of the reach of all other kind of justice he slew him Certainly this was and is as lawfull for any man to doe as it was for Moses who was then but a private man and had no authority for what he did but what the law of nature gives every man to oppose force to force and to make justice where he findes none As to the cause of that action we have much more to say then Moses had He saw one Hebrew smitten we many Englishmen murderd He saw his brethrens burdens and their blowes we our brethrens burdens imprisonments and deaths Now sure if it were lawfull for Moses to kill that Egiptian that opprest one man being there was no way to procure an ordinary course of justice agains him It cannot be but absurd to think it unlawfull to kill him (a) vid. Et. Governador Christiano c. 8. p 40. Qualquiera ciudadano me de repeter la fuerta c. that oppresses a whole nation and one that justice as little reaches as it defends The example of Ehud shews us the naturall and almost the only remedie against a Tyrant and the way to free an opprest people from the slavery of an insulting Moabite t is done by prayers and teares with the help of a Dagger by b crying to the Lord and the left hand of an Ehud Devotion and action goe wel together for beleeve it a Tyrant is not of that kinde of Devill that is to be cast out by only fasting and prayer And here the Scripture shews us what the Lord thought a fit message to send a Tyrant from himself Iudg. c. 3. v. 11.19.20 v. 15. A Dagger of