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

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what is he angry at but that he shall employ his time and pains to little purpose which he truly divines or to think that any reasons of his or convictions of theirs shall draw men from any thing wherein they shall see profit or security or to any thing wherein they shall see loss and fear of danger which also is true for by the dictate of reason every one is taught and convicted to pursue his own profit and to shun danger neither will any one of sound sense hearken to his unprofitable and unreasonable delusions And that we court our bondage and place it among the requests we put up to him which is illi cordolium and strikes to his heart to see the sincere affection of the Parliament and their respective observance And that he expecteth not onely danger from ill men but disallowance from many which are good that have a zeal but not according to knowledge neither of which he hath which therefore he must expect All his hopes is in honest and wise men which he saith are but few or indeed none at all for what honest or wise man will give ear to his projects which as he confesseth appear so bloody and so cruel unless such discontented and forlorn persons as himself whose life is a death to them and for whom Timon Misanthropos hath prepared a new Gibbet in his Garden expecting daily their desired hansel But his soul Pen bespatters not onely his Highness but his accomplices as he terms them and especially Mr. Speaker by name for giving Mr. Sindercombes traiterous designe the epithites of bloody wicked and proceeding from the prince of darkness fearing that the people judging of things according to their outward appearances without penetrating at all into their causes and natures when they shall read the Pamphlet of Mr. Speaker they will certainly think he gives those plotters the right Titles and not without good reason for though the vulgar do not ordinarily dive into the causes of things are not wise enough to apprehend them yet most of them are so wise as to hearken unto the advice and reports of those whom they know to be wise and able to judge of them whom Aristotle in that respect adjudgeth to be wise men And therefore without doubt they will sooner believe what is declared by Mr. Speaker who is a man of Authority and who hath alwayes been reputed vir bonus sapiens a wise and honest man then that what is feigned and foysted in the Pamphlet of this Impostor an obscure scurril and lying Pasquiller which for it in divers places of the City of London was burnt by the people for want of an Hangman which is notoriously manifest in that he seemeth to doubt of Sindercombes traiterous design and suspitiously to ascribe it to his Highness invention whereas the contrary is made clear by the confession of his confederates and upon sufficient evidence at a publique Trial so adjudged Which is not unlike to his lying protestation to wit that his principal intent in this paper is not to declaim against my Lord Protector or his Accomplices and that were it not more to justifie others then to accuse them he should think their own actions should justifie them sufficiently which as Cicero is magnum impudens mendacium a great and impudent lye For in his Supplication he perswadeth his Highness to his happy expiration and that his death shall something ballance the evils of his life And in his Dedication he inciteth the Officers of the Army against him that they can never redeem their honour untill they see their revenge upon his faithless head And herein in his Preface he justifieth it lawfull for Sindercomb to have killed him as a Tyrant and by consequence for any other private man If then to perswade his Highness to his expiration or to incite the Army to take away his life or to allow it lawfull for any private person to kill him and that as it is probably said tribus bolis he would have him forthwith devoured one way or other be not principally to declaim against his Highness then fools cannot speak nonsence But what will William Allen gain by his lying but that when he speaketh truth no man will beleeve him but say to him as it is said in the Comedy Si dixeris mendacium solens tuo more feceris Plaut Amph. But to pass by his other sensless and superfluous passages and to discuss and examin his three serious questions which contain in them the contagion and venom of this pestilent Pamphlet The first is Whether my Lord Protector be a Tyrant or no which he saith is no question and would disputare ex non concessis but he shall neither find it granted of us nor proved by him The second is If he be whether it it is lawfull to do justice upon him without solemnity that is to kill him The third is If it be lawfull whether it is likely to prove profitable or noxious to the Common-wealth The first question Bartolus makes Tyrants of two sorts In titulo or Exercitio the one is called a Tyrant because he hath no Right to govern and the other because he governeth not rightly or as he Phraseth it Tyrannically and at last inferreth that the Protector may with great Justice put in this claime to both Titles but how unjustly the conclusion will manifest And then saith that we shall sufficiently demonstrate who they are that have not right to govern if we shew who they are that have Arist Polit. l. 1. c. 1. And first he premiseth truely that the supreame Power was first placed in Fathers of Families as Aristotle tells us from Homer that every one gives Laws to his Wife and Children so Adam was the King and Lord of his Family and a Son a subject and a Servant was then one and the same thing and this power was exercised everywhere where Families were dispersed and some small time in some places after Commonwealths were constituted but whereas William Allen assumeth that after of many Houses and Families a Society was made the supreame Power was designed and setled in one man by the consent and Election of the people where the immediate appointment of God himself did not interpose William Allen must give me leave to leave him for after the fall of our first Parents the natural State of men before they were setled in a Society as Master Hobbs truely saith was a meer Warre and as Cicero saith Rules concerning Governement F. 14. tantum haberent quantum manu ac viribus per caedem vulnera eripere retinere potuissent had so much as by force and might through wounds and slaughters they could obtain and retain and as his Master Mariana in those times Vbique latrocinia direptiones caedesque grassabantur everywhere Robbery Rapine and Slaughter did rage De Regis Institut Fo. 16. Gen. 6. Lib. 1. which abhorreth not much from the Sacred
that all just Power of Government is not founded upon those two bases of Gods immediate appointment or the peoples consent as he would have it but datur tertium to wit Warre and Victory which he might have learned of the ancient Father Tertullian Imperia armis quaeri Apoll. Resp ad Apollo Jur. F. 124. Victoriis propagari that Empires are purthased by Armes and pronagated by Victories or else of his new Master Suares Solent i●terdum provinciae seu populi liberi involuntarie subjici regibus per bellum Provinces and free people are unwillingly sometimes made subject by Warre but this hapneth to be done justly or injustly when therefore Warre hath a just Title the people is justly deprived of the power they had and the Victor that prevaileth against them hath true Right and Dominion over them For jus est in Armis there is Right in Armes and it is the most potent Right which the Roman Civilian Cicero was at the last forced to confesse Ep. ad Atticum Nullum Jus plus potest quam arma ut enim quisque potentissimus est it a justissime dicere facere omnia videtur no Law hath more power then Armes for as every one is more potent so doth he seem to say and do all things most justly By this it is perspicuous that there are three bases of all just power of Government the immediate appointment of God Warre and Victory and the Election and consent of the people And therefore this Impostor shall give me leave to inferre his conclusion that whosoever doth arrogate to himself that power or any part of it and cannot produce any of these three Titles is not a Ruler but a Tyrant And now let this Impostor dare to ask his Highness Quis te constituit Principem Judicem super nos who made the Prince and Judge over us and he shall be fully answered to wit that he was made a Prince and Judge over us by the immediate appointment of God by the Right of Warre and by the consent of the people which two Titles dimane also from the Divine providence as shall be in the sequel showed but first of the immediate appointment of God The power of all Kings Princes and Rulers immediately proceeds from God though not by his special revelation which was onely incident to some of the Kings of Israel Rom. 13.1 yet by particular designation which is common to all and is a matter of Faith if we will believe St. Paul who saith There is no power but of God which he useth as a reason to perswade due obedience to the Prince and that God is the immediate Dispensator of that power he proveth by the Authority God hath given to a Prince to revenge and execute wrath upon him that doth evil Ib. 2.4 by depriving him of life if it be requisite as he saith that he beareth not the Sword in vain which is onely in the gift and power of God who is Dominus vitae necis the Lord of life and death for no man hath power to take away his own life without the guilt of being a Murderer and therefore are Princes called by the Prince of Poets 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Gods Son and Schollers and by a more Divine Poet Homer Gods Dixi quod dii estis I have said you are Gods because they immediately have their power from God Solomon the Wisest of Kings acknowledged this By me Kings Raign and Princes degree Justice Prov. 14.21 And Daniel who was wiser then all the Astrologers and Magitians taught Nebuchadnezzar this lesson Thou O King art King of Kings for the Lord of Heaven hath given thee a Kingdom power strength Dan. 2.21 Apology fetcht out of Allen. and glory and that he changeth the times and seasons he removeth Kings and setteth up Kings which none will deny but he that saith in his heart there is no God but nature to which purpose speaks some of the Papists and Jesuits and especially Bellarmine Bellarm. de conc l. 2. c. 19. In regnis hominum potestas Regis est à populo c. In the Kingdom of men the power of the King is from the people which power is immediately in the multitude as in the Subject and Suares second to none in subrility says that God is said to give this power to the Prince because he hath immediately given it to the people who transferres it to the Prince and this saith he is modus maxime connaturalis optimus qui intra latitudinem naturalis rationis cogitaripotest the most connatural and best meanes Resp ad Apollo Jur. fidel F. 127. which can be thought or found within the Latitude and extent of natural reason Which to confirme he produceth Scripture that whereas St. Paul saith there is no power but of God he doth not say that every Prince is constituted of God for his saying is not of any Prince but of the power and so as he said before the power being immediately in the people from God is immediately by them conveyed to the Prince yet will he not allow the power to be immediately in the people Ex peculiari institutione donatione divina from the peculiar institution and Divine gift sed per naturalem consequutionem ex vi primae creationis but by natural consequence from the force of his first creation in which they seem to ascribe more to natural reason and production then to Divine patesaction But St. Paul is his own Interpreter for after his general Doctrine of obedience to the power he expoundeth it in the singular and applyeth it to the Prince in particular as he is the Minister of God to thee and then again that he beareth not the Sword for nought and least they should forget it he reiterateth it for he is a Minister of God c. But it is objected that though St. Peter makes the King Supreame yet he tells us the King is an humane Ordinance or creature of the people for the words are Submit your selves to every Ordinance of man for the Lords sake but it is answered 1 Pet. 2.11 Kings may be called an humane Ordinance for being made of one of the people and not by the people and are humane in regard of their material cause though not of their efficient and if Peter had meant that Kings had been made by the people he must also have meant that the Governors had been made by the people for he saith they are sent by him not by them for the punishment of evil Doers so as the Governors are sent by the King not by the people This needs no application were it not for this Impostors exprobations for who but such a blind Bayard will question who made his Highness a Prince and Judge over us and cannot see what wondrous works the immediate hand of God hath wrought by him who as Moses delivered this captive Nation from the bondage and Tyranny
〈◊〉 that he either have a good minde to virtue or else that he be half good and not altogether vicious and doth not say that he would have him really good but that he would have him like a Prince be as good as possibly may be And whereas he saith that this half good is too great a proportion for his Highness and more then his temper will bear It is onely his saying as if his Ipse dixit like the Pope his Holy Fathers Sentence were definitive and to be rested in See the humble advice of Parl. 1656. though the contrary be humbly acknowledged by the Parliament which is of more authority then his finxit or the Popes dixit In conclusion he supposeth That if his Highness be not a Tyrant then there is no description of a Tyrant And because he hath put an if to it he hath invited me to shew him that some have affirmed 1 Kings 1.11 1. Justin l. 1. Esay 45.1 there are no Tyrants in Titulo and others no Tyrants in Exercitio and divers no Tyrants at all according to his Hypothesis And for that there are no Tyrants in Titulo some alleadge the example of Jeroboam who invaded the right of Rehoboan yet was he by Holy Writ neither reputed an Usurper or Tyrant but on the contrary that the ten Tribes were given him by God And so say they Cyrus invaded the Kingdome of Harpagus to which he had no Title though the Sonne of his Daughter and did beat him out of his Kingdome yet is he by the Prophet Esay called the Lords anointed Others to prove there are no Tyrants in Exercitio produce the example of Nebuchadnezzar whose cruelty and Tyranny in Sacred Writ is generally expressed but in especial for erecting his golden Image and commanding that they who resused to worship it should be cast into a fiery Furnace Jer. 15.9.24.17 Baruch 1. by which he would have enforced and compelled the consciences of men to his prophane superstitions which is the most execrable Tyranny Carnificina Animorum a Torture and Torment of mens Souls yet God calleth him his Servant and the Prophet Jeremy and Baruch did write to the Jews to pray for the life of him and Baltazar his Son And further say that God stirreth up the spirits of wicked Princes to do his will and that if they abuse their authority they are to be judged by God onely who is onely their Superiour yet say they God reserveth them to the sorest Tryal Horribly and suddenly will the Lord appear unto them and an hard Judgement shall they have In Gen. 10. And those who maintaine there are no Tyrants at all argue from the name of a Tyrant which as Musculus saith signifieth nothing but as a Monarch a Prince and a King though of late it hath been taken in the worser sense Act 19. 19. which though it be frequent in every mans mouth and our old English Translation useth sometimes the word Tyrant yet the Authors of the New Translation have not once used the words because they find no Hebrew word in the Scripture to signifie a Tyrant Neither do Aristotle Bodin or Sir Walter Rawleigh agree in the distinction or description of Tyranny and therefore question whether any man can describe what a Tyrant is and then who can tell who was ever a Tyrant according to that description Pardon me for this digression for my intention is not to assert any of these opinions but onely to give this Impostor a glance and a touch for his if who will be of any opinions which may serve his turn But now this Impostor shall give me leave to rowl up the conclusion which things seeing they are so It is certo certius and not lyable to exception that according to his distinction and description of a Tyrant His Highness without question is no Tyrant in Titulo nor in Exertio neither in Title nor in Practice and that he is a Lawful and Legitimate Prince ordained by God warranted by the Sword and approved by the People And triplex nodus non facile est solvendus A triple wreath is not easily loosened And this is the prime and peremptory question upon which the other two depend which being defunct the other two dye with it For to refricate your memories The first Question was whether his Highness was a Tyrant or no upon which it is resolved upon the Votes of the Scripture Reason and Parliament that he is no Tyrant The second Question is If he be a Tyrant whether it be lawful for any private person to kill him Thirdly If it be lawful whether it is likely to prove profitable or noxious to the Commonwealth So as it is as cleer as the Day-star that the first question which is the Foundation of the other being resolved against him the other two which are built upon it will of themselves fall to the ground for Sublato Fundamento corruit Opus The Foundationing failing the Work falleth And now me thinks I hear my Genius calling on me Heus tu Cic. Epist ad Att. manum de tabula Hark Sir Stay your Hand and spare your Pen least it may seem over-long and troublesome And so I would were it not to be feared that some of the Impostors swearing Auditors will be made by his Enchantements Jurare in verba Magistri to swear what he saith or through simplicity or prejudice will not or cannot conceive or weigh the premisses in the golden Scales of true Judgement and distinguish real Demonstrations from glistring probalities Whereby they may be seduced to imagine his Highness to be one of his Tyrants and his Ears to be Horns and his Justice Tyranny And consequently to be lawful for every person to do Justice upon him without solemnity as he saith that is to kill him according to his seditious inference For what reverence and obedience will be given to a Prince without which what is his power when the people are perswaded that under pretences and colour of Tyranny every private Subject may vindicate his own quarrel and be a Judge and Executioner of his Right and Actions Which preposterous inconveniences to prevent I thought it necessary to continue this discourse and further to proceed in the refutation of his strange absurdites and according to my design of brevity will succinctly consider his material passages omitting his superfluous Tautologies First Therefore he proposeth that Supream Magistrates who degenerate into Tyrants are not be censured by private persons and that none of sober sense do make them Judges of their actions But he findes none have been such great enemies to Comon Justice or to the Liberty of mankind to give any kind of indemnity to an Vsurper who can pretend no title but that of being the stronger nor to have the peoples obedience upon any other Obligation then that of necessity or fear Wherin by the way I cannot supersede Sir Edward Coke's Rule of State Cooks Com.
what an abhominable and odious crime it is to betray their Lord and Master not onely in respect of them to whom by mutual relation they are obliged to be faithful but in the apprehension of others and even of those who have instigated them to commit such a detestable fact and received benefit by it and yet punishing them for it As we read of Publius Servilius Patric de Princip Tit. 20. who being with C. Marius and L. Sylla Condemned as Enemies of the people of Rome hid himself in a private Village but was betrayed by his Servant and so slain whom for his prodition they first rewarded and then as a Proditor precipitated from the Tarpeian stone And so Sylla the Daughter of Nysus who inflamed with the love of Minois Patric de Princip Tit. 20. upon his promise to her of marriage betrayed her Fathers Palace to him but in stead of standing to his promise he married her to the Ocean and precipitated her to the bottom of the Sea And so it is also related of Claudius that before he had gotten the Empire he was assured it by Cassius Cheraea and Lapys who slew Caligula yet after he had possessed it Dion l. 60. he caused them to be punished with death Because though Caligula for his cruelty deserved to be cut off yet ought it not to have been done by Cheraea his Tribune to whom the safety of the Prince was committed for how can a Prince expect that he will be faithful to him was perfidious to another And if Philip of Macedon Niceph. l. 14. c. 16. who above all other Princes approved Proditors will give them a reward yet did he permit his Souldiers to taunt them and call a Spade a Spade To which purpose Nicephorus reported of Constantius that when he had conquered Zadochius who rebelled against him and put him to flight and forced him to repair to his familiar Friend Eudicius for refuge who had received many benefits from him yet in the night ungratefully cut off his head and in all haste carried it to Constantius who gave him thanks for it but would not permit him to remain with him neither did he think the company of a perfidious Friend to be good matter or example to himself or army Insomuch as if Proditors sometimes escape capital punishment yet can they never avoid capital hatred By such Patterns and Examples as these which his Highnesse Gentlemen and Servants have learned in their Academy for what is his Court but a little University so studious are they of any erudition are they settled and confirmed in their fidelity and allegeance that his Highness doth not stand in need of another Guard to guard them as this Impostor pretendeth for they are his privy and Cabinet-guard and nearer to him then his Life-guard who in all privy and secret passages are prompt at hand girded with their Swords to guard and defend his person with hazard of their Lives Pol. Virgil. l. 1. c. 17. As the couragious Servant of Maurice Duke of Saxony did who of late years seeing his Master suddainly assaulted by certain Turks that lay in ambush and cast from his Horse covered him with his own Body and valiantly repelled the Enemy until certain Horse-men came in and saved the Prince but died himself a little while after being hurt and wounded in every part of his Body Or as the undaunted and adventurous Esquire of the Duke of Guyse Jean de Seres Charry f. 446. who seriously surveying a Trenche a certain Souldier levelled a Harquebusse at him which his Squire espying as it was firing suddainly casting himself between them and with the losse of his own Life guarded his Masters Or else as that affectionate Servant of Vrbinus Macrob. Sat. l. 1. c. 11. who being commanded to be slain hid himself in a secret place but being betrayed one of his Servants changed his apparel with him and put his Ring on his finger whom the Souldiers rushing into his Bed-chamber supposing him to be his Master suddainly slew him by which meanes his Master escaped I could furnish you with many more Examples of such Noble Servants who have sacrificed their Lives for their Masters safety but I hasten to an end Pulchrum est pro Domino mori It is a most glorious act to die for a Master for which many Servants have been graced with Noble Elogies and registred in the Monuments of Eternal Memory At the last this Hobgoblin would fright his Highness with the formidable judgements of God out of the Scriptures which he abuseth as the Devil did when he tempted our Saviour and have more analogy and proportion to this Impostor then to his Highness For those places of Scripture which he thundreth out of Job against him are judgements generally denounced by the Spirit of God against the wicked for their evil and wicked imaginations and machinations and therefore I do truly and properly applie them to himself Job 20.24 Death and Destruction pursues him wheresoever he goes they follow him everywhere Darkness is hid in his secret places A fire not blown shall consume him he shall flee from the Iron Weapon and a Bow of Steel shall strike him through The Heavens shall reveal his iniquity and the Earth shall rise up against him Ver. 27. That the eyes of the wicked shall fail and they shall not escape their hope shall be at the giving up the ghost And so I fear it will be with him Job 10.21 for before the giving up the ghost he will never repent or be good But to his Highness the antecedent Verses may justly be ascribed Thou shalt be secure because there is hope thou shalt digge about thee and thou shalt take thy rest in safety Also thou shalt lye down and none shall make thee afraid yea many shall make suite unto thee Rex eris ajunt Horat. Ep. Si rectè facias hic murus abeneus esto Nil conscire sibi nulla pallescere culpa Thus would this Monopoly of mischief have frighted his Highness with pernicious and deadly Threates who though Pyrrhus and Hanibal were ad portas yet would he not fear them no not the principalities and powers that dwell in high places nor all the crafts and subtilities of the Devil or this Impostor himself who is one of his most pretious Imps for the Lord is with him But on the contrary his Highness hath struck him into such a fright Horat l. 1. Ep. 10. Vt motu ad Lunam trapidabit arundinis umbram That he is asraid that every shadow is a Messenger And that he shall not escape the hand of Justice And though the Monster lurk in Cacus cave yet not withstanding his preposterous steps will be discovered his foot shall slide in due time the day of his destruction is at hand and the things that shal come upon him make hast for the Lord hath forsaken him because he hath forsaken the Lord and followed that which is evil and not that which is good And this also may be said of his confederates and accomplices that because they partake of his villanies they shall participate of his infamy And thus have William Allens parturient mountaines produced a pittiful and ridiculous Mouse who with it for shame were best to conceale and hide their heads in some obscure chincke or corner and never appear again either in the light or night for fear the Dog or the Cat catch them which night and day watch and observe their peepings A word to his Post-script JUdicious Reader expect two or three Sheets more of Paper in refutation of this Impostors Jesuitical Opinion if in the mean time he escape the Halter of the Hang-man which he himself not without just cause doubteth and which I presage will be the Castrophe and conclusion of his Tragical design for though the fugitive Sculk in some forrein seminary yet the false Spirit may move him to come over into his Native Countrey to do more mischief and to receive Sentence according to his deserts Vivat PROTECTOR FINIS