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
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
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
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
we shall very easily understand what difference there is betwixt them if set one against another they be duely considered B. And first of all that we may begin at a Tyrants name of what Language it is uncertain I therefore think it now necessary for us to seek therein the Greek or Latine Etymology Now what the Ancients did call Tyranny I think is not unknown to any who are well versed in humane literature For Tyrants were called both by the Greeks and Latines who had the full power of all things in their hands which power was not astricted by any bonds of Lawes nor obnoxious to the cognition of judges Therefore in both languages as you know not only the noble heroes and most famous men but the chiefest of the Gods and so Jupiter also is called Tyrannus and that even by those who both think and speak honourably of the Gods M. I know indeed that well enough and the rather I much admire whence it is come to pass that that name now for so many ages is accounted odious and also amongst the most grievous reproaches B. It seemes certainly to have fallen out in this word which happeneth to be in many others for if you consider the nature of words it hath no evill iâ— it And albeit some words have a more pleasant sound in the ears of hearers and others a more unpleasant yet of themselves they have no such thing so as to stirre up the mind to wrath hatred or hilarity or otherwise to creat pleasure or pain and trouble If any such thing befall us that happens to fall out usually not from the word but from the consuetude of men and image thereof conceived by the hearers Therefore a word which amongst some men 〈◊〉 honest amongst others cannot be heard â—ith some preface of with reverence M â— remember that the like is befallen the â—ames of Nero and Judas whereof the one â—mongst the Romans and the other amongst â—he Jewes was accounted by great men very â—amous and honourable But thereafter by â—o fault of these names but of these two â—en it hath come to pass that even the â—ost flagitious men will not have these names â—o be given their children they being buried â—nder such infamy B The same also is â—erspicuous to have befallen the word Tyrant â—or it is credible that the first Magistrats â—ho were thus called were good men or â—rom hence that this name was sometime so â—onourable that it was attribut to the Gods â—ut those that came afterward made it so famous by their wicked deeds that all â—en abhorred it as contagious and pestilenâ—ous and thought it a more light reproach 〈◊〉 be called an hang-man than a Tyrant M â—erhaps it was the same as befell the Kings 〈◊〉 Rome after the Tarquinii were deposed in â—â—e name Dictator after M. Antonius and 〈◊〉 Dolabella were Consuls B Just so And â—â— the Contrary base and vulgar names have â—een made famous by the vertue of men â—â—lled thereby As amongst the Romans â—â—millus Metellus Scropha and amongst â—â—e Germans Henry Genserick Charles â—his you shall the better understand if taking away the name of Tyrant you consider the thing notwitstanding that this kind of government hath continued in its former honour and respect amongst many famous Nations as the Aesymnetae amongst the Greecians and the Dictators amongst the Romans for both were lawfull Tyrants Now Tyrants they were being more powerfull than the lawes but lawfull they were as being chosen by consent of the people M What am I hearing Tyrants and yet lawfull Indeed I did expect a far other thing from you buâ— now you seeme to confound the difference of all Kings and Tyrants B Indeed boâ—â— Kings and Tyrants amongst the Ancienâ— seeme to have been altogether one and thâ— same but I suppose in diverse ages for 〈◊〉 think the name of Tyrants was more ancient thereafter when they became weary of tâ—â— name in their place succeeded Kings 〈◊〉 more plausible name and more gentle gâ—â—vernment and when they also began to degenerat the moderation of lawes 〈◊〉 adhibited which might set limites to thâ— boundless lusts of their government 〈◊〉 men according to the exigence of times 〈◊〉 their usuall way seeking out new remediâ— became weary of the old way of government and sought out new wayes Now our preseâ—â— purpose is to handle both kinds of governâ—ment namely that wherein as well the â—â—â—vernment of Kings as of lawes is the 〈◊〉 â—owerfull and the worst kind of Tyranny â—herein all things are contrary to a Kingâ—ome and have undertaken to compare â—hem one with another M It is so And earnestly expect you would fall upon that B At first then we had agreed that a King was created for maintaining humane society â—nd we determined his office and duty that by the prescript of lawes he should allow every man his own M I do remember â—hat B First then he that doth not receive â— government by the will of the people but â—y force invadeth it or intercepteth it by fraude how shall we call him M I suppose a Tyrant B. There be also many other differences which I shall briefly run through because any man may easily collect them from Aristotle for the government of Kings is according to nature but that of Tyrants is not A King doth rule his subjects and reigne over them by their own consent Tyrants reigne over them nill they will they A Kingdome is a principality of a Free man among free men Tyranny is a principality of a Master over his slaves For defence of a Kings safety the subjects watch and ward For a Tyrant forrainers do watch to oppress the Subjects The one beareth rule for the Subjects welfare the other for himself M. What do you say of those who have gotten into their hand the supreame authority by force and without the peoples consent and yet for many years did so rule that the people were not weary of their government for what could be wanting in Hiero the Syracusan King or in Cosmo 〈◊〉 Mediees the Florentine Duke to make them just Kings except the peoples suffrages B. Indeed we cannot exeeme them out of the number of Tyrants For it was nobly spoken by a notable Historian albeit you may indeed rule your countrey and friends by violence and force and correct their faults yet it is unseasonable Then again such do seeme to do just like robbers who cunningly dividing their ill gotten goods do seek the praise oâ— justice by injury and of liberality by robbery yet do not obtain what they hunt for by the odiousness of one ill deed they lose all the thanks of their ostentative bounty and so much the less assurance of their civill disposition do they give their Subjects and that because they do not that for their Subjects good but for their own government namely that they the more securely may enjoy their own lusts and pleasures and establish a soveraignty over the posterity to come
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
not command the Jewes to obey all Tyrants but the King of Assyria alone Now if you would conclude the forme of a Law from that which is commanded to be done to one single person first you are not ignorant for Logick hath taught you that what a great absurdity you will make next you will be in danger to be assaulted by the opposers of Tyranny with the like weapons for you must either shew what singular thing there is in that matter or propose it to be imitat by all every where or if you cannot do this you must acknowledge that whatever is enjoyned concerning any one person by any speciall command of God it doth alike belong to all If you shall once admit this which you must needs do it will be instantly objected that Ahab was killed by Gods command and a reward was also promised and performed to him that should kill him When ever therefore you betake your self to that refuge you must obey all Tyrants because God by his Prophet did command his people to obey one Tyrant It will be instantly replyed that all Tyrants ought also to be killed because Ahab at the command of God was killed by the Captain of his host Therefore I advise you to provide a more firme defence from Scripture for Tyrants or then laying the same aside at present you may have your recourse to the Philosophers schoole M I shall indeed think upon it But in the mean time let us returne from whence we have disgressed What do you bring from Scripture why Tyrants may be Lawfully killed B First of all I profer this that seeing it is expresly commanded to cut off wickedness and wicked men without any exception of rank or degree and yet in no place of sacred scripture are Tyrants more spared than private persons Next that the definition of powers delivered by Paul doth not wholly belong to Tyrants because they accommodat not the strength of their authority for the benefit of the people but for fulfilling their own lusts Further we should diligently consider how much Power Paul doth grant to Bishops whose function he doth highly and truely praise as being some way like unto Kings as far as the nature of both their functions can admit For Bishops are Physicians of internall diseases as Kings are Physicians of externall distempers and yet he would neither of them to be free from or not liable to the jurisdiction of the other And even as Bishops are subject to Kings in the exercise of their Civil Government so ought Kings tobey the spirituall admonitions of Bishops Now albeit the amplitude and dignity of Bishops be so great yet no law divine or humane doth exeeme them from the punishment of crimes And to pass by others The very Pope who is accounted the Bishop of Bishops who so exalts himself above all Kings that he would be accounted a certain God amongst men yet is he not exempted from the punishment of Lawes no not by his own Canonists a kind of men very devoted to him For seeing they would think it absurd that God for they do not hesitat to call him thus should be obnoxious to mens censure and think it unjust that the greatest crimes and most filthy abominations should pass unpunished in any and yet they have found out a way whereby crimes may be punished and the Pope accounted sacred inviolable For the priviledge of the Pope is one thing and of that man who is Pope is another say they and whilst they exeeme the Pope whom they deny can erre from the cognition of the Lawes yet do they confess him to be a man obnoxious to vices and punishment of vices nor have they more subtilly than severely declared their judgment herein It would be tedious to rehearse what Popes to speak after their usuall way what men personating Popes who not only alive were forced to renounce their popedome but being dead were pulled out of their graves and thrown into Tiber. But to omit old histories The recent memory of pope Paul the fourth is fresh in our mind for his own Rome did witness a publick hatred against him by a new kind of decree For they vented their fury he being by death taken away against his nearest kinsfolk his statues and painted images or pictures Nor should this interpretation seeme more subtil whereby we separat the power from the person in power than Philosophy doth acknowledge and the Ancient Interpreters do opprove nor is the rude multitude and strangers to subtile disputing ignorant thereof for the meanest tradsmen take it for no blot upon their trade if a Smith or Baker be hanged for robbery but are rather glad that their society is purged of such villains But if there be any of another mind I think it is to be feared that he seemes to be rather grived at those mens punishment with whom he is associat in their villany than for the infamy of their society I am of the opinion if Kings would abandon the counsells of wicked men and flatterers and measure their own greatness rather by duties of vertue than by the impunity of evill deeds they would not be grieved for the punishment of Tyrants nor think that Royall Majesty is lessened by whatsomever destruction of Tyrants but rather be glad that it is purged from a most filthy blot of wickedness especially seeing they use to be highly offended with robbers and that very justly if any of them in their malefices pretend the Kings name M Forsooth they have just cause But laying these things aside a I would have you go on to the other head you proposed B What heads do you mean M Namely in what time and to whom Paul wrote those things for I desire to know what the knowledge thereof doth make for the argument in hand B I shall herein obey you also And first I shall speak of the time Paul wrote these things in the very infancy of the Church in which time it was not only necessary to be blameless but none was to give occasion to such as sought occasion of reproaching and unjust causes of staining the Professors of Christianity Next he wrote to men of severall nations and so gathered together into one society out of the whole body of the Roman Empire amongst whom there were but few very rich yea almost none who either had ruled or could rule or were in any great account amongst their fellow Citizens they were not so many in number and these almost but strangers and for the most part but lately freed of bondage and others but tradsmen and servants Amongst them there were many who did further pretend Christian Liberty than the simplicity of the Gospell could suffer Now this Company of people out of the promiscuous multitude which did won their living though meanly by hard labour was not to be so carefull of the state of the Common wealth of the majesty of the Empire and of the conversation and duty of Kings as
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
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
not ignorant what may be pretended on the contrary and so much the rather because some of the Actors are of my intimate acquaintance B. Now I almost perceive that it doth perhaps not trouble you so much as those of forrain Nations who would be judges of the vertues of others to whom you think satisfaction must be given Of these I shall set down three sorts especially who will vehemently enveigh against that deed The first kind is most pernicious wherein those are who have mancipated themselves to the lusts of Tyrants and think every thing just and lawfull for them to do wherein they may gratify Kings and measure every thing not as it is in it self but by the lust of their Masters Such have so devoted themselves to the lusts of others that they have left to themselves no liberty either to speak oâ— do Out of this Crew have proceeded those who have most cruelly murthered that innocent Youth without any cause of enmity but through hope of gain honour and power at Court to satisfy the lust of others Now whilst such feign to be sorry for the Queens case they are not grieved for her misfortunes but look for their own security and take very ill to have the reward of their most hainous crime which by hope they swallowed down to be pulled out of their throat I judge therefore that this kind of men should not be satisfied so much by reasoning as chastised by the severity of Lawes and force of Armes Others again are all for themselves these men though otherwise not malicious are not grieved for the publick calamity as they would seeme to be but for their own domestick damages and therefore they seeme to stand in need rather of some comfort than of the remedies of perswasive reasoning and Lawes The rest is the rude multitude which doth admire at all novelties reprehend many things and think nothing is right but what they themselvs do or see done For how much any thing done doth decline from an ancient custome so farr they think it is fallen from justice and equity And because these be not led by malice and envy nor yet by self-interest the most part will admitt information and to be weaned from their errour so that being convinced by the strength of reason they yeeld Which in the matter of Religion we find by experience very often in these dayes and have also found it in preceeding ages There is almost no man so wilde that can not be tamed if he will but patiently hearken to instruction M. Surely we have found oftentimes that very true B. When you therefore deale with this kind of People so clamorous and very importunat ask some of them what they think concerning the punishment of Caligula Nero or Domitian I think there will be none of them so addicted to the name King that will not confess they were justly punished M. Perhaps you say right but these very same men will forthwith cry-out that they complain not of the punishment of Tyrants but are grieved at the sad calamities of lawfull Kings B. Do you not then perceive how easily the People may be pacified M. Not indeed unless you say some other thing B. But I shall cause you understand it in few words the People you say approve the murther of Tyrants but compassionat the misfortune of Kings would they not then change their opinion if they clearly understood what the difference is betwixt a Tyrant and a King Do you not think that this might come to pass as in many other cases M. If all would confess that Tyrants are justly killed we might have a large entry made open to us for the rest but I find some men and these not of small authority who while they make Kings liable to the penalties of the Lawes yet they will maintain Tyrants to be sacred persons but certainly by a preposterous judgment if I be not mistaken yet they are ready to maintain their Government albeit immoderat and intolerable as if they were to fight for things both Sacred Civil B. I have also met with several Persons oftentimes who maintain the same very pertinaciously but whether that opinion be right or not we shall further discuss it hereafter at better conveniency In the mean time if you please let us conclude upon this upon condition that unless hereafter it be not sufficiently confirmed unto you you may have liberty to retract the same M. On these termes indeed I will not refuse it B. Let us then conclude these two to be contraries a King and a Tyrant M. Be it so B. He therefore that shall explain the Original and cause of Creating Kings and what the duties of Kings are towards their people and of people towards their Kings will he not seeme to have almost explained on the other hand what doth pertain to the nature of a Tyrant M. I think so B. The representation then of both being laid out do you not think that the people will understand also what their duty is towards both M. It is very like they will B. Now Contrary wise in things that are very unlike to one another which yet are contained under the same genus there may be some similitudes which may easily induce imprudent persons into an errour M. Doubtless there may be such and especially in the same kind where that which is the worst of the two doth easily personat the best of both and studies nothing more than to impose the same upon such as are ignorant Buc. Have you not some representation of a King and of a Tyrant impressed in your mind For if you have it you will save me much pains M. Indeed I could easily express what Idea I have of both in my mind but I fear it may be rude and without forme therefore I rather desire to hear what your opinion is lest whilst you are a refuting me our discourse become more prolixe you being both in age and experience above me and are well acquaint not only with the opinions of others but also have seen the customes of many and their Cities B. I shall then do it and that very willingly yet will I not unfold my own opinion so much as that of the Ancients that thereby a greater authority may be given to my discourse as not being such as is made up with respect to this time but taken out of the opinions of those who not being concerned in the present controversy have no less eloquently than briefly given their judgment without hatred favour or envy whose case was far from these things and their opinions I shall especially make use of who have not frivolously trifled away their time but by vertue and counsel have flourished both at home and abroad in well governed Common wealths But before I produce these witnesses I would ask you some few things that seeing we are at accord in some things of no smal importance there may be no necessity to digress from the
having somewhat mitigated the peoples hatred Which when they have once done they turne back again to their old manners For the fruit which is to follow may easily be known by the sower thereof For he hath the same strength and power to revoke all things at his pleasure and to transferre unto himself the strength of all lawes even as if he would abrogat all lawes But this kind of Tyrants had been perhaps tolerable if without the common destruction of all it could have been taken away even as we do endure some bodily diseases rather than throw our life into the hazard of a doubtsome cure But they who bear rule not for their Countrey 's good but for their own self interests have no regard to the publick utility but to their own pleasure and lust they place the stability of their authority in the peoples weakness and think that a Kingdom is not a procuration concredited to them by God but rather a prey put into their hands Such are not joyned to us by any civil bond or bond of humanity but should be accounted the greatest enemies of God and of all men For all the actions of Kings should aime at the publick safety of their Subjects and not at their own wealth By how much Kings are raised above other men so much should they imitat the celestiall bodies which having no good offices of ours given to them yet do infuse on humane affaires a vital and bountifull vertue of heat and light Yea the very titles wherewith we have honoured Kings if you remember might put them in mind of their munificence M Me thinks I remember namely that they should use a paternal indulgence towards their Subjects committed to them as towards children the care of a Shepherd in procuring their profit as Generals in maintaining their safety as Governours in excellency of vertues and as Emperours commanding those things which might be usefull B. Can he then be called a father who accounts his Subjects slaves or a Shepherd who doth not feed his flock but devoureth them or a Pilot who doth alwayes study to make shipwrack of the goods in his ship and who as they say makes a leck in the very ship wherein he sailes M. By no means B. What is he then who doth not rule for the peoples good but still doth all for himself who doth not strive with good men in vertue but contendeth to exceed the most flagitious wretch in vices who leadeth his subjects into manifest snares M. Indeed such shall not be by me accounted either a generall or Emperour or Governour B. If you then shal see any usurping the name of a King and in no kind of vertue excelling any of the people but inferiour to many therein not fatherly affectionat towards his subjects but rather oppressing them by arrogant domineering and that thinketh the people is concredited to him for his own gain and not for their safeguard Will you imagine that such a man is truely a King albeit he goes vapouring with a great many in guard about him and openly be seen with gorgeous aparrell and make a shew of punishments can he conciliat the people and catch their applause by rewards games pompous shewes and even mad underminings and what ever is thought to be magnificent will you I say account such a man a King M. Not indeed If I would understand my self aright but void of all humane society B. Within what limites do you circumscribe humane society M. Within the very same limites wherein by your preceeding discourse you seemed to include it namely within the hedge of lawes Which whosoever transgress be they Robbers Thieves or Adulteres I see them publickly punished and that to be accounted a just cause of their Punishment because they transgressed the limites of humane society B. What say you of those who would never once enter within these hedges M. I think they should be accounted enemies to God and men and reckoned amongst wolves or some other kind of noisome beasts rather than amongst men which whosoever doth nourish he nourisheth them for his own destruction and others whosoever killeth them doth not only good to himself but to all others But if I had power to make a law I would command which the Romans were wont to do with monsters such kind of men to be carried away into solitary places or to be drowned in the depths of the sea afar from the sight of any land lest by the contagion of their carcases they might infect other men And rewards to the killers of them to be discerned not only by the whole people but by every particulaâ— person as useth to be done to those who have killed wolves or namely that these Spirits beares or apprehended their whelpes For if such a monster should be borne speak with a mans voice have the face of a man likeness of other parts I would have no fellowship with him or if any man divested of humanity should degenerat into such cruelty as he would not meet with other men but for their destruction I think he should be called a man no more than Satyres Apes or bears albeit they should resemble man in countenance gesture and speech B. Now If I mistake not you understand what a King and what a Tyrant the wisest Ancients meant in their writings Will it please you then that we propose some idea of a Tyrant also such as we gave in speaking of a King M. Yes that I do earnestly desire if it be not a trouble to you B. You have not forgot I suppose what by the poets is spoken of the Furies and by our divines of the nature of evill Spirits are enemies of mankind who whilst they are in perpetuall torments yet do rejoice in the torments of men This is indeed the true idea of Tyranny But because this idea can only be discerned in the imagination but not by any of the senses I shall set before you another idea which not only the mind may discerne but the senses also perceive and as it were represented to the very eye Imagine you see a ship tossed by waves in the sea and all the shoares round about not only without haven or harbour but also full of most cruell enemies and the Master of the Ship in contest with the Company and yet to have no other hope of safety than in their fidelity and the same not certain as Knowing well that he puts his life into the hands of a most barbarous kind of men and void of all humanity whom by money he may hold trusty and who for greater gain may be conduced to fight against him Such indeed is that life which Tyrants embrace as happy They are afraid of enemies abroad and of their Subjects at home and not only of their subjects but of their domesticks Kinsfolk brethren wives children and near relations And therefore they have alwayes war either a forrain war with their neighbours civil war with their
science of grammer should not herein availe him M Nothing at all B Nor the art of painting availe the other if the debate be concerning Grammer M Not a white more B A judge then in judgment must acknowledge but one name to wit of the Crime or guilt whereof the Adversary or plaintife doth accuse his party or defendant to be guilty M No more B What if a King be guilty of parricide hath he the name of a King and what ever doth belong to a judge M Nothing at all but only of a parricide for he commeth not into controversy concerning his Kingdome but concerning his parricide B What if two parricides be called to answer in judgment the one a King and the other a poor fellow shall not there be a like way of procedure by the judge of both M The very same with both so that I think that of Lucan is no less true than elegantly spoken Viz Cesar was both my leader and fellow in passing over the Rhine Whom a malefice doth make guilty it maketh alike B True indeed The process then is not here carried on against a King and a poor man but against their parricides For then the process should be led on concerning the King if it should be asked which of the two ought to be King Or if it come into question whether Hiero be King or a Tyrant or if any other thing come into question which doth properly belong to the Kings function Even as if the sentence be concerning a painter when it is demanded hath he skill in the art of painting M What if a King will not willingly compear nor by force can be compelled to compear B Then the case is common with him as with all other flagitious persons For no Thief or warlock will willingly compear before a judge to be judged But I suppose you know what the Law doth permit namely to kill any way a thief stealing by neight and also to kill him if he defend himself when stealing by day But if he cannot be drawn to compear to answer but by force you remember what is usually done For we pursue by force and armes such robbers as are more powerfull than that by Law they can be reached Nor is there almost any other cause of all the warres betwixt Nations people and Kings than those injuries which whilst they cannot be determined by justice are by armes decided M Against enemes indeed for these causes warres use to be carried on but the case is far otherwise with Kings to whom by a most sacred oath interposed we are bound to give obedience B We are indeed bound but they do first promise that they shall rule in equity and justice M It is so B There is then a mutuall paction betwixt the King and his subjects M It seemes so B Doth not he who first recedes from what is covenanted and doth contrary to what he hath covenanted to do break the contract and covenant M He doth B The bond then being loosed which did hold fast the King with the people what ever priviledge or right did belong to him by that agreement and covenant who looseth the same I suppose is lost M It is lost B He then with whom the Covenant was made becometh as free as ever he was before the stipulation M He doth clearly enjoy the same priviledge the same liberty B Now if a King do those things which are directly for the dissolution of society for the continuance where of he was created how do we call him M A Tyrant I suppose B Now a Tyrant hath not only no just authority over a people but is also thier enemy M He is indeed an enemy B Is there not a just and Lawfull war wich an enemy for grievous and intolerable injuries M It is for sooth a just war B What war is that which is carried on with him who is the enemy of all mankind that is a Tyrant M A most just war B Now a Lawfull war being once undertaken wich an enemy and for a just cause it is Lawfull not only for the whole people to kill that enemy but for every one of them M I confess that B May not every one out of the whole maltitude of mankind assault with all the calamities of war a Tyrant who is a publick enemy with whom all good men have a perpetuall warfare M I perceive all Nations almost to have been of that opinion For Thebe is usually commended for killing her husband Timoleon for killing his brother and Cassius for killing his Son and Ful vius for killing his own son going to Catiline and Brutus for killing his own sons and kinsmen having understood they had conspired to introduce Tyranny again and publick rewards were appointed to be given and honours appointed by severall Cities of greece to those that should kill Tyrants So that as is before said they thought there was no bond of humanity to be kept with Tyrants But why do I collect the assent of some single persons since I can produce the testimony almost of the whole world For who doth not sharply rebuke Domitius Corbulo for neglecting the safety of mankind who did not thrust Nero out of his Empire when he might very easily have done it And not only was he by the Romans reprehended but by Tyridates the Persian King being not at all afraid lest it should afterward befall an example unto himself But the minds of most wicked men enraged wich cruelty are not so void of this publick hatred against Tyrants but that sometimes it breaketh out in them against their will and forceth them to stand amazed with terrour at the sight of such a just and Lawfull deed When the Ministers of Casus Caligula a most cruel Tyrant were with the like cruelty tumultuating for the slaughter of thier Lord and Master and required those that had killed him to be punished now and then crying aloud who had killed the Emper our Valerius Asiaticus one of the Senators standing in an eminent high place from whence he might be heard cryed out aloud I wish I had killed him At which word these tumultuary persons void of all humanity stood as it were astonished and so fore bore any more to cry out tumultuously For there is so great force in an honest deed that the very lightest shew there of being presented to the minds of men the most violent assaults are allayed and fierce fury doth languish and madness nill it will it doth acknowledge the soveraignty of reason Neither are they of another judgment who with their loud cryes mixe heaven and earth together Now this we do easily understand either from hence that they do reprehend what now is done but do commend and approve the same seemingly more atrocious when they are recorded in an old history and thereby do evidently demonstrat that they are more obsequious to their own particular affections than moved by any publick dammage But why do we seek a more
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