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T.249 [1657.??] Michael Hawke, Killing is Murder (1657).
Michael Hawke, 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.
An siquis atro dente me petiverit, In ultus flebo ut puer. Horac. Epod. 6.
Scurror ego ipse mihi, populo tu. Hor. I. 1. Ep. 19.
By Mich. Hawke, of the Middle-Temple Gentl.
London, Printed for the Author; and are to be Sold by the Company of Stationers. 1657.
Not listed in TT.
(Placeholder: Text will be added later.)
Call. comm. f. 1. 133. b.ANd first of his Title, Killing no Murder: Wherein by his Jesuitical fallacy he shewes himself to be of that Faction; for Killing is Murder, and no Murder: And it is no Murder in the Supream, or Subordinate Magistrate, for any Capital Crime to condemn one to death, and Execute him: But it is Murder in any private Person upon precogitated malice to kill any private Man. And that, if any private Person compasse the death of the Supream Magistrate, and declare it by any overt Fact, though he be a Mad Man (as I suppose therein William Allen is) the very intent is high Treason, and Superlative Murder by the Law of God and Nations, though it be not effected; which he in facto will be inforced to acknowledge, if once apprehended; notwithstanding the Jesuitical Institutions of his Ghostly Father Mariana.
Contra Monarchi. com.Which also the taking upon him the spurious name of William Allen seems to signify; wherein no man of that name and his condition is to be found within the Latitude of our territories; a fashion followed by the Jesuites, as by Eudemon Johannes, and Junius Brutus, whom Beza supposeth to be Parsons the Jesuit; and not without reason, saith Barclai, in that they blush to own that opinion, which they in conscience know to be erroneous:See the Preface to the Provincialls. Which is allowable to the Jesuitical Doctors, to teach others that which they really know to be erroneous, as Layman the Jesuit affirmeth, quam vis ipse Doctor ejus modi sententiam speculative falsam esse sibi persuadeat. Neither doth his bearing of Armes free him from that suspicion;Watsons Quodlibet. f. 238. for Parson the Jesuit is checked by Master Watson, for Acting in Campo Martio, with Bellanas Banners; and if Fame speaks truth, he is not the onely Jesuit hath under the shape of a Souldier lurked, and done mischief in our Army.
Put them in mind to be subject to principalities and powers ready to obey Magistrates, and to every good work. Tit. 3. 1.
Neither murmure, as some of them have also murmured, and were destroyed of the Destroyer. 1 Corin. 10. 8.
Curse not the King, no not in thy thoughts; for a Bird of the Aire shall carry the voice, and that which hath Wings shall tell the matter. Eccles. 10. 20.
Falsa maledicta in privatum quidem non licet jacere, in Regem vero veris abstinendum. Grot. de bel. l. 1. c. 4.
Remove from me reproach and contempt; for I have kept thy Commandments. Psal. 119. 221.
Non est ulla restanti, aut commodum ullum expetendum, ut viri boni & splendorem & nomen omittas. Cicer. 3. Offic.
And the Dominions and Territories thereunto belonging.
Most Renowned PRINCE,
PArdon me, if I presume to present these Papers to Your Princely View, as Justine did his Annals, to the Emperor Antoninus; Non tam cognoscendi, quam emendandi causa; not so much to instruct you as to be Instructed of You, who are best able to Judge of the Historical Passages related in them; in which You have been a Continual and Honorable Actor: Which, if it shall please Your Highness, to peruse and examine by the quadrant and square of Your exact Judgement, and peircing Intellect, You shall highly Honor him, whose ambitious and ultimate scope is to vindicate Your Highness Honor; which hath alwayes, and ever shall be divulged and defended by the Pen, and Hand of Your,
Unworthy Servant, and observant
IT is not unknown to some great Personages, that the Author had compleated this Exercitation before the Answer to Killing no Murder saw the light; and had been made publick sooner, but that he doubted to divulge it without the surveigh of some of the Higher Powers: their being therein specified many particular passages concerning the State. Neither is it a Novelty, or an inutility for diverse Books of the same subject to passe the Presse, as St. Augustine upon the same occasion averreth. Utile est (saith he,)Lib. 1. de Trinit. c. 3. plures libros, a pluribus fieri diverso stilo etiam de quæstionibus iisdem, ut ad plurimos res perveniat ad alios sic, ad alios autem sic: It is profitable to have many Books composed of many in a divers stile, even of the same questions, that the knowledge of the thing may be conveyed to many, to some after this manner, to others after another. Which also may be very requisite, and conducent to the suffocating of this serpentine pamphlet; for a single eye may clearly discern by the therein inserted secret and several relations, that it cannot proceed from one brain, but that it is Hydra multorum Capitum composed by many virulent Heads, and therefore had need of more Heads then one to incounter it: Besides many material passages are untouched by the other, which in this are punctually handled, and not by skippes, but litterally, and orderly decided: And also have retorted in his teeth the filth of his scurrilous and bitter taunts, and thrown them in his own face, which for the most part work more powerfully on cavalier and nimble wits then a Logical Argument; for as Horatius one of the Secretaries of Augustus,
Rid culum acri
Fortius, & melius magnam plerumq; secat rem.
Horat. l. 2. Sp. 1.Which are generally by him pretermitted. My intention is not to disparrage the Author; for in many things he hath done very well; Sed plus vident oculi, quam oculus: Two eye see more then one.
IT hath been deemed prudence in Pinces, to sleight calumnies; for which Tacitus gives these Reasons, Quia spreta exoleseunt, si irascare agnita videantur; because, they being slighted vanish and come to naught; but if you be angry at them you seem to acknowledge them; and in another place by condemning them, Nil nisi dedecus sibi,View of the Civil Law, &c. fo. 31. atque illis gloriam peperere, They have purchased nothing but disgrace to themselves, and glory to the Authors: which are to be understood of defamations, proceeding from the lubricity of the tongue, or weakness of the brain as Sir Thomas Ridley distinguisheth, according to the saying of the Emperor, Siquis Imperatori maledixerit si id ex levirate processerit, contemnendum est, si ex insania, miseratione dignissimum. If any shall speak evil of the Emperor, if it proceed from lightness, it is to be contemned, if from madness, it is worthy of commiseration; but if they be Vulnifici sales & cruenta verba Wounding and bloody words, full of rancour and malice;Curt. l. 6. which as Alexander in Curtius, perveniunt ad gladios, Produce quarrels and seditions: Such Calumniators according to the constitution of Theodosius, ought to be secured,Tac. l. 6. by Custody, and according to other Princes, by Death, as Tiberius the sagest of the Emperors, who otherwise, was merciful to Male-dicants, caused Panconianus for composing Verses in disgrace of him to be condemned Læsæ Majestatis, Of High Treason, and to be strangled in Prison; which moved Henry the Seventh, whom Sir Francis Bacon adorneth with the Elegy of a wise Prince,Bacon His H. 7. to hang and execute five persons, for contriving and spreading of swarms and volleyes of Libels against his Majesty. And so severe and strict was the great Turk in punishing this crime, who in moral policy by dilating his Empire seemeth second to none, that he commanded fifty Scholastiques whom they called Totti, to be put to death, because they made certain signes and signification of a sinister conceit they had of him, which might be conceived to be a very cruel censure; but that the Wiseman intimateth the same Eccles.Clapm. l. 6. nuper. 10. 20. Curse not the King no not in thy thoughts, and that the disparagement of Princes are the fomentaries, and as Sir Francis Bacon the Females of Sedition.
Idem. H. 7.And though the words of a malitious Detractor as the Wise-man, are sharper then Swords, or as Heracides, then whetted Swords, and penetrate into the Bowels of the Belly, yet the diffamations of a Libeller, are more pernicious especially Printed Libels, because more permanent; Littera Scripta maner,Plut. Apotheg. and perpetually read & carried from one malevolent hand to another, and will not exelescere as Tacitus saith, but gliscere, not decay but increase; for most men are transported with a philanty or self-respect, and have envious and itching ears, to hear ill reports of others, and are easily induced to beleeve them. So as the more dangerous they are, the greater care should be taken, to cancel, and vacuate them, which may be according to the practice of other Princes, either Cremando, by apprehending them in Ovo when they sweat under the Presse; And to fire them as Tiberius did those of Liberius, who wrote the Elegy of Brutus and Cassius: or else refutando, by Reasons, which work most on a man, to refute them: as the most learned Doctor Andrew handled and tortured Tortus, who by his Pen, as this Libeller attempted to seduce the Princes Subjects from their allegiance; These are the thoughts which have instigated the Author, to convel, and confute this pestilens and perilous Libel, which punctually levelleth at the ruin, and fate of his Highness; and also by collection of other Princes, for under the pretence and colour of Tyranny, he concludeth it lawfull for any obscure or sordid person to kill or murder his Sovereign Prince, pronouncing it to be a glorious and magnanimous Act so to do. And for so much that this Pasquil is covertly dispersed among discontented and seditious persons, which they embrace as their Apostles Creed, and communicate and extol it to others, as an indubitable, and sacred Truth, whereby many well disposed people may be debauched, corrupted, and withdrawn from their due obedience to their Prince. The Author, thought it his duty to the Prince, and Publique, to prevent such imminent and future mischiefs,Oseand. Cent. by making it manifest, that every page of this Pasquiller is full fraught with venemous errors, and seditious falsities. And that their Apostle is Os Diaboli as Ireneous stiled Marcion, the Mouth of the Devil; and that this Creed is the Devils Creed, forged in the Infernal Shop of King Killing Jesuits his selected Apostles.
Wherein if the Author shall seem Superficially Prolix
Utque oblita modi millesima pagina surgat.
Juv. Sav. 7.Yet hopeth he well that the Serious Observator will mark, and consider the various, curt and close couched Historical Passages, with his Suspence and involved Questions, which could not be clearly conceived, and fully refelled in conciser and fewer Lines.
Invidia calumnia mater.ANd first in general to tax him for his Calumnies, the brood of envy and malice, wherein he followeth the steps of Satan, who for calumniating and accusing his Brethren is sirnamed Diabolus, which in the Original signifieth a Calumniator; and practiseth the precept of Medius, whom Plutarche stileth Dux Calumniatorum, the Captain of Calumniators, which is Audacter calumniis mordere, inquiens, si it qui morsus est, vulneri medeatur, cicatricem tamen relinqui; boldly to bite with Calumnies, saying, that if he that is so bitten be cured,Lip. de cont. yet a scarre will remain; for as Machiavel, though Calumnies be grounded on slight suspitions, yet they being once divulged and entertained will hardly be removed. And this is generally this Impostors breviary,Plutarche de diff. & ad. or practise of piety in all the passages of this Pasquil, to interlace, and interweave here and there divers contumelious opprobries against his Highness, which though they be universally fictitious, yet hopeth he that some scarre or filth will adheare to his skin; but he is vaniely deceived, for the Magnanimity and integrity of his Highness will with scorn and contempt cast off the dirt, and filth of his contumelies, as a Lion doth dirty water passing through a miry slough, without any blemish remaining, saying, Ille didicit maledicere, ego maledicta contemnere;Machiavel. l. 1. cap. 8. he hath learned to revile, and I to contemne revilings.
Terent.And then in particular to pursue him close, and to pay him in his own coyne: Ut quod ab ipso allatum est, id sibi illatum putet; that what scoffes are cast from him, he may find retorted on him.
In the front he placeth his supplication to his Highness, which is as full of jeeres as words, wherein he endeavoureth with Archilochus by his snarling scoffes, to jeere his Highness out of his life, as he did Lycambes according to the Verse,
Tincta Lycambæo sanguine tela gerunt:
And would fain perswade his Highness to his happy expiration, whereby he might shew himself a true Father and Deliverer of his Countrey, and free it from a bondage little inferior to that from which Moses delivered his ---- (A Simile, which by his often repetition seemeth much to please his fancy, though no more like then this Impostor is to a true Israelite) and that then he will be a true Reformer of Religion, and till then we can call nothing our own; and that by his death we hope for our Inheritance, with some other Ironys tending to that purpose, which becomes the Kings Jester better then a States man, as he would seem to be: but his Highness may truely and justly say with Titus the best of the Roman Emperors, who by such Detractors was reproached in the like kind; Seeing I have done nothing worthy of reproach, Mendacia non curo; I weigh not lyes: and that by all peaceable and prudent people and their Representative; he is acknowledged to be a true Father of his Countrey, and a Deliverer of his people, from the Ægyptian bondage of Popery and Tyranny, and that by his Paternal and Princely care; our Inheritances are setled and protected against forreine invasions; and domestique seditions, unlesse theirs who through intestine insurrections, or publique Rebellions have justly forfeited the same, such as this Impostor and his Consederates are, or have been.
And that contrary to this Impostors contumalions suggestion, justice is not defined by the will and pleasure of the strongest; but other Laws take place as well as those of the Sword, which all the subordinate Justiciaries to his Highness will averre; that it hath been his principal and peremptory charge to them to administer Justice to all impartially, without any respect of persons, according to the Laws of the Land; and that his Highness upon particular complaints of divers of his people, pretending that they have not received Justice, by the hands of his Justiciaries hath called them before him, and according to Law, equity, and good conscience heard and determined the same. And as St. Paul did, so doth his Highness exercise himself to have alwayes a good conscience, void of all offence,1 Tim. 4. 2. towards God and man; where is then the terror of conscience this Impostor would fasten on his Highness? is it not fixed in his own heart? is not he one of them the Apostle mentioneth, who speaking lyes with Hypocrisy, having his conscience seared with an hot Iron, giveth heed to seducing Spirits, and the Doctrine of Devils? For who can deny but it is the Doctrine of the Devil, who was an Homicide from the beginning, to give the Reins of Authority to dissolute persons, to wound and slaughter the supream Magistrate, to whom they ought not onely to be subject for wrath but for conscience sake?
And therefore it behooveth William Allen to consider in his own conscience, in what a sad and desperate condition he standeth through his Diabolical murderous intention, whereby he cannot onely escape the certain doom of Gods vengeance, but also incurre the Capital ceasure of his Vicegerent; which to avoid, I will not advise him as he did his Highness, though it may be supposed, that to escape a shameful death like Brutus and Cassius, he will perish on his own Sword, or rather with Judas frighted with the terror of conscience will be his own Hangman, or else with his renowned Sindercombe swallow a Spanish Figge to shun the Triple Tree; but why should he be supposed to be so Valiant, whose valour, like Thersites, consisteth onely in braving, railing, and encouraging others to fight, and assault one he dares not himself encounter; and what man of common sence will give ear and credit to his exhortations, by which he would incite others to Act that horrid Homicide he himself feareth to attempt? Howsoever this Impostor may assure himself, that his Highness hath his heart and conscience so armed, and fortified with Religious fortitude, and Pious constancy, that no Scuril or popular conceits can deterre him from laying fast hold on his Scepter.
Virtus repulsa nescia sordide,
Intaminatis fulget honoritus,
Nec sumit aut ponit secures
—— Arbitrio popularis aura.
Next followeth his Dedication, which is as full of shifts, as his supplication was of scoffs,
Astutam vapido servans sub pectore vulpem:
Shrowding two faces under one subtile hood.
Wherein he straineth all the nerves of his conceit to corrupt and debauch the Army, and either to withdraw it from his Highness, or to divide it to its and his Highness destruction, which is apparent in the Title; it being directed to all those Officers and Souldiers of the Army that remember their engagements, and dare be honest (hoping at the least to gain the honest party to his Devotion.) But I wonder much that he should have such confidence in the honest party, having so little honesty himself; for what honest man would attempt to divide but unite, and especially the Army, whereby it might be decayed or ruined, which under God was the principal meanes of procuring our Liberty, and of preserving the same? but what cares William Allen if with Phaeton he fires the world, so he may have his will; to wit the ruine of his Highness, which is the fatal close of his Dedicatory Epistle? This the Levellers aimed at in the year 1649.See the Declaration of the Parliament of England, dated 27. September 1649. And the Case of the Commonwealth &c. Dated 1654. and the fifth Monarchy men in the year 1654. by the division and alteration of the Army, to suppresse the Generals; but his Highness and the Army are in one Body so naturally and affectionately incorporated, that no Command or divice can dissipate and separate them, no more then the device of Pompy, and the Commande of the Senate could Cæsar and his Army at Rubicon.
But to weigh his wily Arguments, by which he cunningly goeth about to seduce the Army from his Highness; the one, and the Prime one, is, that the Officers and Souldiers of the Army, which were raised to defend the Priviledges of Parliament, his Highness hath made to dissolve Parliaments. This is a fallacy from the cause, a non causa ut causa;See the true Case of the Commonwealth &c. Dated 1654. for the raising of the Army was not to defend the Priviledges of Parliament, but to bring Delinquents to condigne punishment, the maintenance of the Laws, and Liberties of the Land, and of due successions of Parliament, which did not intend to quarrel with the Kingly Government, but to regulate the disorders, and excesses in the Government. And the Army never took up Armes against any particular form of Government, nor ever fought against the King as a King, nor for the Parliament meerly as a Parliament, as appeares by all the Papers and Declarations have been published in the beginning of these Warres; and therefore was the long Parliament justly dissolved by the Army, because it exceeded the due time of successions of Parliaments, which should have been but triennial, & not perpetual as they would have had it; besides many other enormities did concurre to its dissolution, which in the true State of the Commonwealth Stated, Dated 1654. Fo. 11. 12. are amply declared, so as when that was dissolved, there was not so much heard as the barking of such a Dog as the Impostor is, or any general or visible repining at that; and the Souldiers therein were not made the Instruments of slavery, and establishers of Tyranny as he saith, but the Restorers of our Liberty, and Instruments of Justice. No other Parliament I know of, but that it did continue out the fixt period of time, according to the first Institution.
And as concerning their engagements; the Parliament being justly dissolved, the engagements concerning the Priviledges of the same, are also justly dissolved; for all promissory Oaths as engagements are but Political ties, grounded upon Political considerations for Politique ends, and binde no longer then the particular Politei and State standeth; for as the Civilians distinguish in such Oaths,Tholosa Syntag. 49. c. 4. apposita clausula censeatur, promissionem valere rebus sic ut tunc erant extantibus & in codem statu permanentibus; an annexed clause or condition is to be supposed, that promise to be of force, things standing as they then were, and remaining in the same State; so as if that State be changed and ended, such engagements as reflect on it are determined;Suares resp. ad apologiam projure fidelit. 409. which distinction this Impostor might have learned of his Master Suares, Quod sublata materia Juramenti, consequenter obligationem auferri necesse est; that the matter of the Oath being taken away, by consequence the Obligation of necessity must be taken away; as if a King, faith he, be deposed, he ceaseth to be a King; and in that respect no obedience is due unto him, and forthwith the Oath doth not binde; à fortiori, if the Government be determined, and the matter of the Oath dissolved, the Obligation of the Oath is ipso facto extinct; for as Master Askham, possession is the great condition for our obedience and allegiance; how unjustly therefore doth this Impostor call these distinctions prevarications to piece up contrary Oaths, which are grounded on approved Authority, and his own Masters opinion. The other reason on which he groundeth his seditious designe, is, that the Officers and Souldiers of the Army are employed to force Elections, that is, as may be conceived to seclude such as are turbulent and factious from being Elected, and admitted members of Parliament, wherein we are to distinguish between a quiet and setled State, and a Commonwealth which is distracted with factious. In the first a free Election of Knights, Burgesses, and Citizens in Parliament, is requisite, and ought to be, as Plato saith, Libere & incorrupte; in the second a free Election is altogether inconvenient and dangerous; for otherwise that great Council may be distructed, and overruled by turbulent Spirits, and nothing by it resolved for the publique good:See his High. 22. A pregnant Example, of which we lately had in the proceedings of the late Precedent Parliament, which as his Highness saith, wholy spent their time, and did nothing. And in such cases of extremity where there is no course of prevention otherwise provided by Parliament, Expedit principi omnium dissentionum causos in repub. dirimere;Jan. 1654. it appertaineth to the Prince to prevent all causes of dissention in the Commonwealth, for he is the supreame Conservator pacis; and by the advice of his Council may bar, and frustrate the Election of those of whose malignancy and disaffection to the State, he hath received certain and infallible intelligence, and that by way of preventing future discord and distraction; and accordingly in the turbulent times of Henry the third, when the Kingdom was divided into two mighty Parties, That wise King called the best affected onely to Parliament, as Master Cambden in his Britannia relateth; Ad summum honorcm pertinet,F. 122. saith he, Ex que Henricus tertius ex tanta multitudine que seditiosa, & turbuleata fuit, optimos quosque ad Parlementaria comitie evocaverit. It was an highly honoured Act in Henry the third, that out of so great a multitude, which was seditious and turbulent, he had called every one of the best affected to the Parliament, by whose prudence and moderation the torn Estate of that Kingdom was cemented and setled in an uniformity of peace and tranquillity. In like manner did his Highness this Parliament out of a multitude of malignant and discontented persons, by the advice of his Council, according to the Instrument of Governement, call and admit those onely who were best affected, and well disposed, into the Parliament House; by whose wisdom and advice with little disturbance and contradiction the three main Pillars of the State, which were then tottering, were firmly fixed and established by Act of Parliament; to wit, the supreame Magistracy was confirmed in his Highness, the succession setled, and the Liberties of the people were Ratified, and secured by his Highness, according to the advice and Request of the Members of Parliament; and were not as he impudently saith, Pimps of Tyranny, onely imployed to draw the people to prostitute their Liberty.
How unworthily and injuriously therefore doth this Impostor brand that pacifique and prudent Parliament in divers passages of his Pasquil with the strange name of a Junto (with whose found he is as much pleased as children are with the strange noise of a Rattle) because it was purged and cleansed of such malignant and factious spirits, and not virtuous, at this Impostor saith, who would have formented discord and dissentions among them: By which means the distracted State of these Nations is happily united to the content of his Highness, and satisfaction of the People: And that with the approbation and applause of the Religious, Zealous, Faithfull, and Couragious Officers and Souldiers of the Army, as he stileth them, notwithstanding his conjuring imprecations,F. 15. who for their fidelity upon occasions, are deservedly advanced & exalted by their magnificent & victorious Prince & General; & not ruined by him whom they raised, according to this Impostors Machiavilian rulle, which, he saith, Princes observe, when they are in power, never to make use of those that help’d them to it; unless they be such as this Impostor is, Seducing Mutineers, who are justly purged, and cast out of the Army like dung, and like cudgeled hounds lye lurking in their kennel, bawling, barking, and catching at flies, and are not like to rise, or be exalted, unless it be as Haman was, and as he divineth, be hanged up like bottles.
Qui male dixerit pejus audiet.
His Preface now ensueth, wherein, like the Fox, though he seems to change his hair and outside, yet still retains his nature and manners, according to the Proverb, Vulpem pilum matare, non inores; and pretendeth, that it was not instigations of private revenge and malice (though it may be conceived, manet alta mente repostum, that his publique disgrace doth still stick in his stomack) but indignation did make him break that silence prudence would perswade him to use. But indignation and anger, saith the Royal Preacher,Eccles. 7. 9. resteth in the bosom of fools: And, Ira furor brevis est, Anger is a mad Pen-man, which makes him use such frantick and wild expressions. But 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 foul 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 vis 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 mendatium, 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 dixtris mendacium solens tuo more feceris?
Plant. 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,Rules concerning Governement. F. 14. 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, tantum haberent quantum manu ac viribus per cadem & vulnera eripere, & retinere potuissent:De Regis Institut. Fo. 16. 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, Ubique latrocinia, direptiones, cadesque grassabantur; everywhere Robbery, Rapine, and Slaughter did rage, which abhorreth not much from the Sacred Scriptures, as is plain by the Tragedy of Abel and the Murtherous minde of Lamech:Gen. 6. And what may be meant by the Giants who were mighty men, and in the old time men of renown, but such as Thucydides writes of, who by force and rapine did snatch and catch what they could from others, holding it an honour, and no disgrace, so it was Valiantly done; all which continually happened before the setlement of a Society by a Supreme Governor;Lib. 1. how then was it possible for such a discordant multitude of people solemnly to concurre, or unanimously to consent in the Election and approbation of a Supreame Magistrate, which indeed at that time was bellua multorum Capitum? and though God for the special care he had of the People of Israel, did sometime after a special manner choose their King, whom the people afterward; did accept and approve, yet cannot this Impostor find any Place or Text in the Scripture, where any Power or Commission is given to the people to govern themselves, or choose themselves a Governor, or to alter the manners of Government at their pleasure; though this Impostor would obtortâ gula wrest the Text of Deut. 17. 14, 15. to that purpose; If thou say I will set a King over me, like as all the Nations are about me; Thou shall make a King over thee, such as the Lord thy God shal choose; so as notwithstanding their saying, the choise and nomination of their King was to proceed from God; and therefore according to that prediction, when the people did ask a King;1 Sam. 6. 5. and that Samuel would make them a King to Judge them like other Nations, he shewed them Saul, saying, See you him whom the Lord hath chosen,1 Sam. 6. 5. which the people acknowledged, showing and saying, God save the King.
And in that he saith, it is plain in that place that God gives the people the choise of their King, for there he instructs them whom they shall choose, one of the midst of their Brethren: This is otherwise; for he there saith not they shall choose a King from among their Brethren; but they shall make a King over them;1 Sam. 10. 1. from among thy Brethren, whom the Lord God shall choose; that is to say, shall approve and confirme Gods choise: So Saul was chosen by God, and anointed by Samuel, but was made, that is, confirmed King by all the people in Gilgal; so David was chosen by God, and anointed by the same Prophet, but was afterwards confirmed by the people of Juda and the Elders of Israel.
1 Sam. 16. 2. 14.And if the peoples consent were alone sufficient, then was Gods choice in vain; but I hope this Impostor will not be so vain in this as in other things he is, to make Gods Election and choice vain, to please the people; for Deus & natura nil faciunt frustra, God and nature do nothing in vain: Much more he saith he could say if it were a lesse Manifest truth, to wit for the Election of the people; but how can it be a Manifest truth is so absonant from reason? for it is averse from reason, that men who are free by nature, should by free Elections expose themselves to imperious subjection, without fear or force;Orationed Cæsarem. for by nature every one asperrime Rectorem patitur, unwillingly and slubbornly endureth a Ruler; especially to have the Power of life and death over him, as every Ruler hath; whereupon Patricius inferreth this conclusion, Nulla gens sine aliquo metu,De rep. F. 6. vel vi supremo Magistratui se subjecit; and therefore as Bodin saith, Aristotle is deceived in supposing that Kings where chosen by the suffrages of the people; fallit enim Aristoteles, saith he, qui aureum illud genus homitum Fabulis Poetarum quam ipsa re illustrius, Reges Heroas suffragio creasse prodidit,Bodin. de repub. l. 2. c. 2. Aristotle deceiveth in that he sheweth that the people who lived in the Golden Age, did create their Heroique Kings by suffrages, which is more Illustrious by Poetical Figments then by real truths; for it is perspicuous that the first Kingdom and Royalty was constituted by Nimrod, whom the Sacred Letters call a mighty Hunter, because by force he gained his Kingdom; for before his age, Liberty was equal to all; and he was the first that compelled Free men to subjection, and therefore is called Nimrodus,In. Gen. 10. that is Dominus metuendus, a terrible Lord, and as Tostatus, was the first King and Monarch, because we read of none in Holy Scriptures Reigned before him.
But against this I surmise this Impostor will object who goeth about to make all Princes Tyrants in Titulo,Cajus in Arist. Fo. 3. c. 10. whose Power is not founded on popular Election or consent; that Nimrod was a Tyrant, because he was a mighty Hunter, Populosque vi & armis Sceptro subjecit, and subjected the people by force, and Armes to his Scepter; but on the contrary he is said to be a mighty Hunter before the Lord, because as Chrysostome saith, robur acceperat à Domino;Cornelius de lapide Melehior Canus, Aben Ezra in 10. he had received his strength from the Lord, by which he subdued the people that lived in that age and that lie nutu & beneplacito Dei, by the impulse & good pleasure of God had forced the barbarous and rude people unto a Civil life, and stoutly ruled them by the Power of the Sword, as many Commentators on that place observe;Gen. Barcl. contra Monarch F. 281. so as if this Impostor will make Nimrod a Tyrant, he must make the will and power of God Tyranny, by which he obtained his Royalty; for as Aquinas, effectus semper convertitar in suum principium; the effect is alwayes converted into his principle: It is clear therefore, that if we respect the foundation of Government, it is not Election or consent of the people, as this Impostor would have it,Acq. sum. [Editor: illegible word] q. 63. Ar. 4. Syntag. Ic. l. 18. c. 18. c. 12. but force and Armes which first raised and established it; which is also confirmed by Judicions Tholosamis, primus vi constituit imperium, alii partim successione, alii Electione facti sunt reges: The first by force constituted a Kingdom; others were partly by succession, and partly by Election made Kings. Election then hath no priviledge in a Commonwealth, which was first constituted by force; neither in a setled Commonwealth hath it any power where succession reigneth, which is almost universal; and where it hath any vigor, it is but little and in part; for many Princes are and have been chosen by some part of the people, but by the whole or major part none at all; but most have been by the nobility, Gentlemen, and Princes of the blood, as in Poland, Denmark, Swethland, and Germany, and not by any collective or representative body of a Nation, whence this Impostor may learn, if he scorn not instruction, 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 quari,Apoll. Victorin propagari; that Empires are purchased by Armes, and protagated by Victories; or else of his new Master Suares, Solent interdum provincia 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,Resp. ad Apollo. Jur. F. 124. 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 Armie; 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.
Rom. 13. 1.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, 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;Ib. 2. 4. 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, 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 vita & 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 [Editor: illegible Greek word], Gods Son, and Schollers; and by a more Divine Poet,Homer. Gods, Dixi quod dii estu; I have said you are Gods, because they immediately have their power from God.
Prov. 14. 21.Solomon the Wisest of Kings acknowledged this, By me Kings Raign, and Princes degree Justice: And Daniel who was wiser then all the Astrologers and Magicians, taught Nebuchadnezzar this lesson, Thou O King art King of Kings;Dan. 2. 21. for the Lord of Heaven hath given thee a Kingdom, power, strength, and glory; and that he changeth the times and seasons; he removeth Kings,Apology fetche out of Allen. 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; 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 subtility, 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,Bellarm. de conc. l. 2. c. 19 is modus maxime connaturasu, & optimus qui intra latitudinem naturalis rationis cogitaripotest; the most connatural, and best meanes, which can be thought or sound 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;Resp. ad Apollo. Jur. fidel. F. 127. 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 primæ 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 patefaction. 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 they groaned under; and though not sent by particular nomination as Moses was; yet questionlesse by the immediate designation of the Almighty above ordinary providence; for if we observe his various and marvelous progressions in his military imployments, who from a common Commander within a few Summers for his stupendious Victories was made Commander in chief; and from that dignity above his own ambition, or humane calculation, Resque side major, was advanced to the Supreame power of these three Nations; how can we but acknowledge that it is the Lords doing; and that it is marvellous in our eyes, who raiseth the poor out of the dust, and lifteth up the needy out of the dunghil,Psa. 113. 7. that he may sit with Princes, even the Princes of the people?
Chyl. rud. Fo. 16.The second way by which the just power of Government is gained, is bello & Victoria; by Warre and Victory; for as Master Hobbs saith, it is a Corollarie in the natural state of man, that a sure and unresistable power conferres the Right of Dominion and ruling over those who cannot resist, of which before sufficient hath been said.
A Title also to which his Highness may justly lay claim, for after the Victorious and invincible Army under the Command of Sir Thomas Fairfax and his Highness, had layed the Royal part in the dust, and trampled it under foot, the Enemy which was vanquished in the Field, had recourse to subtile practises to corrupt the Parliament, and City of London, upon the specious pretences that there was no Enemy in the Field; and therefore no more need of any Army to continue the heavy and unnecessary charge upon the people: by such Arguments as this the faction prevailed to vote the distanding of the Army, and vast Summes of the Commonwealths Treasure were wasted in raising Forces, and entertaining of Reformadoes to beat the Army, and thereby to make way for the readmitting of the then King, to the reexercising that power which had produced such bloody and fatal effects, and that without any just satisfaction given for the same to the people, or reasonable provision for those had Faithfully engaged, in the maintenance of them;See the Declaration of the Parliament of England, dated 24. of September. 1645. insomuch that the Army presaging what dangerous and bloody consequences might ensue to the reinslaving of the people, and to make void and irrite all their former and glorious Victories; and that the Commanders and Officers of the Army might become a prey to the Royal party; and the Enemy whom they had with great difficulty, and much effusion of blood subdued; and that their own honor and safety was now in dispute; they of necessity were justly instigated by the principles of nature, and self defence, to oppose their bloody, inhumane and ungrateful designes, in attempting to supplant, and cut off those had been the Patriots and Champions of their Lives, Liberties and Fortunes, and by the power of the Sword, to force them to Victorious conditions; which having obtained by the Right of Warre, the Supreame power divolved on them, because they were in an Hostile manner unjustly invaded and inforced to defend themselves from imminent destruction. And that this was a just Warre,Cic. pro. Milone. let Cicero and Aristotle be Judges; Illud est non solum juslum sed etiam necessarium, saith Cicero, bellum cum vi vis illata desenditur; that is not onely just, but a necessary Warre, when inforcing force is defended by force:Arist. ad Alex. And Aristotle to the same effect; injuriam Passos oportet pro seipsis Arma capare; it is not onely just, but it behooveth those who suffer injury, to take up Armes for themselves, or to defend their Kinsmen, Benefactors, or Associates affected with injuries, as the Commanders and Officers of the Army did; neither is the objection of any force that in Civil Warre, where the people is divided into two parts, that part which conquereth the other, cannot challenge conquest over it by Right of Warre, because it is one Nation, and a Nation cannot conquer it self; to which Grotius gives this satisfactory Answer,Grotius. 16. l. 2. c. 18. that in such a divided State Gens una pro tempore, quasi due Gentes babentur; One Nation during the time of those civil divisions, is accounted and esteemed as two; And therefore one part may claim Title of Conquest over the other: as one Nation may do over another. So Henry the Fourth, with one party of this Nation,Heywards Hen. 4. conquered Richard the Second and his party: after which conquest he was made King of England, and did not claim that by the Title of Inheritance; for as Mortimer said, he was Hæres Malus: but first by conquest, and then by consent of the people; which commonly follows the conquest, as Præmium Factorum, a Reward of his Valour, which all men naturally applaud and honor. And so Henry the Seventh, with one of the party of this Nation conquered Richard the Third and his party; neither did he lay claim to the Kingdome by proximity of blood, for there were others nearer then himself; but the first Title he had was in Bosworth field,Bacon, and Bakert Hen. 7. when after the conquest of Richard the Third, he was by publick acclamations saluted King of England. And such Conquerors for right of War may as Alexander saith in Curtius, Leges Victis dare, Give Laws and Conditions to the subdued party; and as Ariovistus said to Cæsar, Imperare in quemadmodum vellent,Cæsar de Bello Gallico. To rule over them as they please. And so did the Commanders and Officers of the Army: (of whom his Highness was the Head-piece,) by right of War rule and order the conquered party as they pleased; and caused the City to deliver up all their Forts together with the Tower of London, and all the Magazines and Arms therein. To disband all their Forces, and turn all the Reformados out of the Line, to withdraw all their Guards from the Houses; and to receive such Guards within the Line, as the Army should appoint to guard the Houses; to demolish their Works; and to suffer the whole Army to march in Triumph through the City, as Conquerors; and by the same Right did they purge the Parliament of its infected and corrupted Members, which power from that time they constantly retained, and upon occasions continually exercised; and were as Curators to the Parliament and Commonwealth, to remedy the distempers, and rectifie the disorders which the ambition of some, and lucre of others introduced; And in fine, for important Reasons above specified, dissolved that long Parliament; and that poor men under their arbitrary power were driven like flocks of Sheep,Hen. 4. See his Highness Speech, 12 Dec. 1653. by forty in a morning, to the Confiscating of their Goods and Estates; without any man to give a reason, that any of them had forfeited Forty Shillings; and that no door was open to their grievances.
By whose power afterwards a new Assembly & Parliament was constituted; & because it seemed not to be for the good of the Commonwealth, the Maior part of them thought it requisite to resigne, and deliver up the said power unto the Lord General Cromwell, which they received from him. So as thereby all Power of Government divolved on the Lord General Cromwell as Head of the Army, and by right of War descended to him as General: The Supream Power being then vacant to whom all the acts and honor of the Army is to be ascribed: Because as Iphicrates, the General is the head, without which the body cannot act; and as Curtius, militarem sine duce turbam esse corput sine spiritu, A Military Company without a General is as a body without a spirit, and cannot be rancked and retained in its right postures without it; for as the Comœdian,
Plaut. Amph.Ubi summus Imperator non adest ad exercitum,
Citius quod non facto est usus fit, quam quod
Facto est opus.
And to speak truth without dawbing, he was the Life, spirit and head of the Army; And in all his Battails led them on encountring the Enemy in the front.
Hestibus haud tergo, sed forti pectore notus.
And as Fortunate as valiant, who by the amplitude of his Victories overcame the envy of his Enemies, for which as Romulus by the right of War, upon the request and approbation of the Army, he took upon him the supream dignity.
Juvenal.Ipstus certe Ducis hocque referre videtur,
Ut qui fortis crit, sit felicissimus idem.
This certes reflecteth on a Generals aim,
That he who valerous is, thrice happy raign.
Arist. lib. 3.And as Aristotle saith δίκατον, it is just that such a Valourous Prince be Lord of all, and King alone.
Polit. cap. 22.And this right and title also floweth from the Ocean of the Divine power; for the Lord is a man of War, and he in War overcometh ever; it was he that girded his loins with strength, and made his way perfect; he taught his hands to war, and his fingers to fight; his gentleness hath made him great, he hath given him the necks of his Enemies that he might destroy him that hates him; he hath delivered him from the strivings of the Enemy, and made him the head of his brethren. And as his Motto and Word in batrail was The LORD of Hosts: So hath his Highness perpetually and piously ascribed and consecrated all his victories to the LORD of hosts.
The third basis upon which the just power of Government is founded, is the election or consent of the people; and to this title also may his Highness justly lay claim, who to bar up the way against those manifold inconveniences, which have been felt under many other fleeting forms of Government, & to reduce us as neer as may be to our antient way of Government, by supream Magistrates & Parliaments, did at the request & intreaty of divers persons of honor & quality, & of many of the chief Officers of the Army for the good of the Commonwealth, under the name & title of the Lord Protector, take upon him the supream Government, and was by the consent and in the presence of the Commissioners of the great Seal, the Judges, the Lord Mayor and Aldermen for the City of London, the Souldiers, divers Gentlemen Citizens, and many other people and persons of quality, comfirmed in the same, with whom being accompanied to Westminster-Hall, he did promise in the presence of God, to the best of his understanding, to govern these Nations according to their Laws, Statutes, and Customes; seeking their peace, and causing Justice and Law to be equally administred; whereupon the Commissioners and Judges received their commissions from him, by vertue of which they have ever since acted; and as all the Justices of Peace did also act by his Commissions, so did all the Sheriffs according to his Commands and Precepts; and all which came in by process, issued out by the Sheriffs, consented to it, and all the Justice in this Nation hath been administred by this authority; besides, his Highness had the approbation of the Army in England, Scotland and Ireland by Remonstrances, and under signature; the Souldiers at that time being a very considerable part of the three Nations; besides he had the Congratulation of the great City of London by way of invitements which was very great, high and publike; and by a numerous body of those who are known by the names of several Corporations and Societies in that City; as also the greatest County in England, the County of York, with many other Cities and Burroughs, and many other Counties assembled in the publique and general Allizes, gave him thanks for the undertaking of that Burden.
These and many more were the presentary and explicite Testimonies of the peoples general approbations, & congratulations, manifested to his Highness upon his gratious acceptance of this Government. And which of late hath been more amply & indiciously remonstrated, & declared in Parliament by the Knights, Citizens, & Burgesses, & confirmed, ratified, and established by an Act, that upon publication of the premisses, all and every person and persons of what quality soever are strictly charged, and commanded to take notice of the same, and to conform and submit themselves to the Government established; which Proclamation, being published at the magnificent and glorious inauguration of his Highness in Westminster-Hall, with great solemnity in the presence of the Lord Embassador extraordinary of France, and the States General of the United Provinces, and divers other noble and honorable personages, the people made great several acclamations with loude shouts: God save the Lord Protector; and the like congratulations and acclamations, with the expressions of their affections wishing to his Highness long life, were made by the people and the City of London, and so did all the Cities of England, Scotland and Ireland, upon the solemn Publication of the said Proclamation. With what brazen brow can the Impostor now deny but any that his Highness may also lay claim to this Title? if this be not a visible, publike, and general approbation, and consent of the people, then was never publisht any in Poland, Scotland, Denmark, or any other Dominion or Territory of the Universe; and if there be any restractory, or repugnant to the same, they are such as this Impostor and his Accomplices, malignant men of Belial.
And this also is the Lords doings, who prepared the hearts of the people, and touched them to appear and follow their Prince and Protector, as he did the Band of men that went with Saul, after the Lord had chosen him: so as his Highness Councel, or Parliament as he vainly vaunts, nor any one else shall not be much troubled to answer his Interrogations and Questions, which appear so frivolous and nugatory.
But here this Impostors malice ceaseth not; for though he confidently concludeth his Highness to be a Tyrant in titule, as he falsely supposeth; yet will be have him also a Tyrant in exercitio, and as compleat a Tyrant as ever had been since the first Societies of men; for so he braveth it but as he faileth in the first, so doth he falter in the latter; and doth but labour and blot paper in vain, though he daubt it on with artificial cunning to make the delusion the stronger; for thus he cunningly argues: Is it not Tyranny to change the Government without the peoples consent, to dissolve their representative by force; and to disannul their Acts, to give the names of the peoples Representative to confederates of his own; to establish iniquity by Law; to take away mens Lives out of all course of Law, by certain Murderers of his own, whom he names an High Court of Justice; to decimate mens Estates; and by his own power to impose upon the people what taxes he pleaseth; and to maintain all this by force of Arms? Which criminations, as they are by him expressed, are malicious and contumlious; for he did not dissolve their Representatives by force, or disannul their Acts, but upon necessary grounds, and urgent occasions; neither did he give the name of the peoples Representative to confederates of his own, to establish iniquity by a Law; but he purged the Parliament of its unsound and putrified members, and setled in it sincere and sound persons who might act nothing but what was agreeable to Law, and equity, as is in the premisses expresly proved; neither did he take away Mens Lives by certain Murderers of his own, but did make Commissioners, & erect an High Court of Justice, to take away the Lives of such Rebellious & murdering persons as this Impostor & his Accomplices are, who would have taken away the life of their Prince and Protector, which he justly might do; neither did he decimate Mens Estates, and impose upon the people what taxes he pleased by his own power: but he by the power was given him by the Army, with the consent of many honorable people as well as others, at his installation at Westminster-Hall, and in other places, by whom he was created Lord Protector; did by advice of his Councel for the maintenance of the Army and Navy, and desfraying of other necessary chages which concerned the honor and safety of the Commonwealth decimate mens Estates; & impose upon the people necessary taxes. All which as he truly saith, he maintained by force of Arms out of all course of Law, as by right of War and his second Title he might, as hath been fully debated, and decided. Besides, though upon acceptance of this Government,Ploy. f. 19. with the consent and approbation of the people, his Highness hath promised to govern these Nations, according to the Laws, Statutes and Customes;Tholosan. Syn. l. c. 18. and 28. yet is it a Rule in the Divine, Civil, Canon, and the Common Laws, that necessity hath no Law, and that Necessitas facit licitum quod alioquin fuerit illicitum; and that necessity maketh that lawful, which otherwise should not be lawful; and Princes strained with imminent and urgent necessity for the dignity and safety of the Commonwealth, no established Law providing for a present remedy, may justly do those Acts which otherwise by the course of Law were unlawful, as to decimate Mens Estates, and by his power with the advice of his Councel to impose such Taxes as are convenient and necessary.
Davis Rep. fol. 12.And as the learned Legist. Sir John Davis saith, The King by his Prerogative Royal to support the necessary charges of the Crown, may decree Imposts and Impositions payable upon Marchandizes; and so have Princes heretofore by their Prerogatives to encounter suddain dangers and mischiefs, which would not endure so much delay as the assembling of the great Councel of the Commonwealth, used their Edicts and Proclamations, which Mr. Pym a grave and prudent Senator of this State stileth the most eminent power of a Prince, and the most glorious beams of Majesty,Mr. Pym his Speech in Parl. 1642. fo. 31. in commanding Obedience and Subjection, which he calleth Leges Temporum; and onely disallowes them for the abuses in being exercised for the maintaining & enjoying of sundry monopolies, and other graunts, exceeding burthensome and prejudicial to the people. And therefore, how can this Impostor answer his Highness Question in this point, Whether the people should prefer the having of their wills, though it be their destruction, rather then to comply with things of necessity? which as he truly Divines, he should wrong his Native Countrey to suppose:See his Highness Speech 22 Jan. 1654. See his Highness Speech the 12 of Sept. 1654. unless he will suppose the necessity to be faigned, & imaginary, which his Highness acknowledgeth to be the greatest cousenage, that men can put upon the Providence of God, and which his Princely and Paternal care abhorreth. Besides, his Highness acted nothing in this Kind, but by the advice of his Councel, who are the Trustees of the Commonwealth in all Intervals of Parliament, and hath an absolute negative upon the Supream Power in the said Intervals, as the Parliament hath in the sitting; so as it is not his own, but a mixt Act by the advice of his Councel, who in all probability would not advise him to any thing but what is necessary and expedient; and if they should, the offence would lie at their door. And thus are the preterit Ordinances of his Highness fully cleared from the unjust aspersion of this Impostor in giving him the title of the Violation of Laws, and Exercise of Tyranny and Robberies. And for the future to prevent all ensing mistakes and suspitions of the necessity of imposing Taxes on the people,See the humble Pet. and advice of the Parl. &c. the 17 of Sept. 1646. upon provision made for the support of the Government and Safety of these Nations; It is declared and enacted, that no charge be layed, nor no person be compelled to contribute to any gift or loan, benevolence, tax, tallage, ayde, or other like charge, without common consent by Act of Parliament.
But to proceed in the canvasing of this Impostors Calumniations; and whereas he saith, That notwithstanding his Highness hath done all these things, yet for his preservation the people must pray,Mat. 5. 45. as if it were impiety in the people to pray for him. Our Saviour Christ was of another mind, whose Councel is, to pray for them who despitefully use or persecute you; And so was his selected Apostles, who exhorteth that first of all prayers, supplications, intercessions and giving of thanks be made for all men, for the King, and those that be in Authority. And who had rule over them at that time, but Nero? a reputed Tyrant;1 Tim. 2.1. and for persecuting Christians supposed to be Antichrist; wherein by the fruits we may perceive of what spirit this Impostor is; for he hath not the fruits of the Spirit of our Saviour Christ, the Prince of Peace; to wit Love, Joy,Swarez respons. ad Apolog. [Editor: illegible word] Jur. fidel. Peace, &c. but he hath the fruits of the spirit of his father the Devil, to wit, envy, cursing, lying, and all manner of reviling; So if his father, the Prince of darkness should be deposed, by right of inheritance, the succession may properly descend to him as the Devil Incarnate; who is the worser, and most dangerous Devil.
And now in every respect are the reasons of this Impostor, by which he fortifieth his first Question, utterly quashed, notwithstanding his vain-glorious triumphing before Victory, that it is a Question no longer.
But before he comes to the Second Question, seeing things are more easily perceived by the Description of Exteriour Accidents and Qualities, he thought it not amiss to see whether his Highness hath the outward marks and characters by which a Tyrant is known, aswel as he hath their nature and essential properties, which, as he saith do so naturally correspond to his Highness that it cannot be doubted, whether his Highness be the Original or the Coppy, or whether he hath in drawing the Tyrant represented him, or in representing him expressed a Tyrant. But here also will his fair and glorious pretences prove but shadows and sick mens dreams; for as it hath been exactly proved, that the nature, and essential properties of a Tyrant are not to be found in his Highness, no more cannot the exterior accidents and qualities be inherent in him; for if the nature and essential properties be not in him, the external accidents and qualities also cannot; for as Aristotle,Arist. Categ. c. 2 Accidens non potest esse sine eo in que est; and therefore cannot the Characters be aptly and properly applied to his Highness, though they be not of his own stamping, as he saith: but such as be found in Plato, Aristotle, Tacitus, and his Highness own Evangelist Machiavel; who indeed is his onely Evangelist: for he seemeth better versed in him then in the Gospel; having cited more Texts and Passages out of him, then out of that, whereas his Highness in his Writings never mentioneth him, nor ever had him in his mouth; as this Impostor every where hath who supposeth his Paradoxes authentique, whereas neither his Highness, nor any Pious Prince will adhere to his authority, and therefore in vain cited by him.
Howsoever, if we examine his Characters, Marks, and Scutchion of a Tyrant, which he would fasten on his Highness sleeve, we shall find them sleeveless, and altogether impertinent.
The first Character is, That all Tyrants have been first Captains and Generals of the people, for which he quoteth Aristotle; but his words are, all Tyrants have been made [Editor: illegible Greek letter] δαμωγαγν, of Leaders of the people, and so have all Kings & Princes; for without a party of the people, how can an Army be raised?Arist. Pol. d. 5. c. 10. and without Armies how can there be Leaders? So Arbactes, and Cyrus Leaders of the People were made Kings, the one of Assyria, and the other of Medea data libertate, for giving and gainings the Peoples Liberty.
See the humble advice of Parl. 1656.And so was his Highness also made Protector of these Nations, for delivering us from Bondage and Tyranny, and restoring us to Peace and Tranquillity, as is declared by our Representative in the last Act. But to construe it according to his own mind and meaning, which is incongruously pacht out of Aristotle and Tacitus, That his Highness being made a Leader for the people, under pretences of vindicating and defending their Liberties did subvert the present Governement, which being done, he invaded that Liberty himself. And so indeed his Highness was made a Leader for the people, and did vindicate and defend their Liberties; and vanquished their Tyrannical Enemy: but when some of the Corrupters of the people (contrary to the Law of Nature and Reason) in an hostile manner would have compelled their Leaders by force of Arms to have subjected themselves to the power of the Tyrant, whom they before had conquered, then according the Law of Nature were they inforced to repel such ingrateful and destructive inuries & aperto Marte, to force them to submission and subjection, whence by the Law of War their Command, Rule and Government was transferred on them which they afterwards always exercised over them, as hath been before argued and determined; yet did not their Leaders leave them, but persevered to maintain and defend their Liberties against the said Tyrants abetters, and never ceased till they had wholly and perfectly routed and subdued them, for which not onely by the Law of War, but by the Consent of People, and Act of Parliament, the Supream Power was placed and setled on his Highness, by whom we enjoy our Liberty more fully then before we did in our new modelled Democracy;Arist. Pol. l. 5. c. 10. for as Aristotles Tyranny is a confused and mixt of Timocracy and Democracy, of the principalities of a few, and the power of the people, and hath the vices of them both; for the vicious end of the one, as his accurate Expositor Camerarim observeth, is to be an Enemy to the noble and rich men, and them either to destroy or exile, of which we have had sensible experience, and the vicious end of the other is through diffidence to afflict the people, to banish some, and dissipate others into several places, which also hath been formerly practised among us: but by Monarchs and the Government of one these Vices are rejected, and remedied. For as Aristotle saith, by it the nobles and rich are defended from the injury of the multitude, and the people are protected from the oppressions of the Nobles and Rich: So as there is no greater Liberty then in Monarchy, by which the Tyrannical vices are expunged and expelled; and the Nobless are according to their virtues worthily preferred and defended, and the People according to their deserts advanced. And this is his Highness cases far different from that of Panztius, Pysistratus and Dionysius, whom Aristotle produceth as examples of Tyranny. And now I am of the Impostors mind, this needs no further application.
The second Character is, That Tyrants accomplish their ends much more by fraud then force: neither virtue nor force are so necessary to that purpose, as Una astutia fortunata, A lucky craft which without force hath been found sufficient, but never force without that: wherein he mistaketh his Apostle Machiavel, as if in that place he should denote a crafty Tyrant; whereas he intimateth a prudent Prince, as if his Prince were all one with a Tyrant. For though all his Precepts collectively taken are not authentick, or allowable, yet some parts of his policy are necessary and useful, for the gaining and preserving a Princes State; as Guards, Garrisons, Fortresses, Vigilancy of Councellors, diligence of Spyes, and Intelligencers;De Arcanis Imperii, f. 207. for which reason acute Clapmare in dispraising commendeth him pro politico magni acuminis sed minus sana & pia mentis, for a Politian of great wit, though not of a sound and pious mind; and if we read him with a Chymical Judgement, and refine him by Religious Policy, we shal find many conditions in him worthy our observation and practice, whereof this is one, that Virtue and Fortune availe not so much in obtaining a principality as a lucky craft; for as the Civilians distinguish, there is dolus bonus, a good craft; if it be as Plautas saith, sine omni malitia, without any malice; and is called soleltra, a cunning craft; which is not disallowable, but laudable, especially in a General or Prince, as it was in Hanibal; in which the nature of the Lion and Fox did concurre;Just. l. 1. and in Darius Hidaspes, who by the cunning craft to make his Horse neigh, gained the Kingdom of Persia; and in Servius Tullus, the Son of a Captive, who being substituted in the place of a King, by Tanaquil his Queen,For l. 1. c. 6. Regnum dolo partam sic egit industria ut Jure adeptus videatur, did so Rule the Kingdom gotten by craft, that he seemed to have gained it by Right, and obtained that by craft they could not have gotten by force; for as Tacitus,Tacit. Ann. 2. plura consilio quam vi geruntur; and as Machiavel, fraude without force hath been sufficient, but never force without that; and though he saith that it is praise-worthy in a Prince to deal plainly, truely, and really;Mach discours. l. 2. yet is there Serpentine prudence to be used in his Dovelike plainnesse, and ought to be participate of the fraude of the Fox as well as the force of the Lion; and as this impostor Phraseth it, to have the Tail of the Fox as well as the Skin of the Lion; thereby as he saith, aggregare I cerveli de gli huomini con astutia, to wind himself into the braines of men with craft, and by plausible pretences to feel the pulse of their affections,Mach. Princ. 18. or to discover their sinister intentions, that in the end he may Master those had so little wit as not to rely on his Faith and integrity; of whom I believe this Impostor to be one by his little wit in that point; neither is such dissimulation unlawful, as a Pious Politician averreth, but Lawful and commendable, yea, and sometimes necessary;Artyl. Religious Policy. c. 31 especially in Princes, who ought to cover their intentions with more care and circumspection then other men, so as it may well and truely be said, qui nescit dissimulare, nescit regnare; he that knoweth not how to dissemble, that is to say, discreetly to Cloak and cover his Intentions, when occasion requireth, knoweth not how to Raign; so Pious Æneas concealed and dissembled his departure from Dido, for which she Taxed him in the same Termes,
Virg. Æni. 4.Dissimulare etiam sperasti perfide tantum
Posse nefat, tacitusque mea discedere terra:
But wherefore doth this Impostor flowre his Highness for his fluency in teares? Elisha wept for the evils would fall on the Israelites; and our Saviour bitterly, to foresee the destruction of Hierusalem; and why should not his Highness weep to see the evils did afflicts his Countrey? who by his prayers and teares did prevail more with God, and worke more in the hearts of the people of great prudence & piety, though this Impostor shamefully defileth his own nest, (in stiling them a people of great Faith, and little wit) more then his courage and the rest of his moral virtues with the help of his Commilitons, which he scoffingly calls his Janisaries; leaving the eloquence in execratious and contumelious opprobries to himself, who wil never leave them till the halter hath him.
The third Character is that they abuse all excellent persons, and ridde out of the way all those have noble mindes; & terra Filios extollunt, advance Sons of the Earth, which be thus applies, that his Highness purged both Parliament and Army, till he left few or none there that had either honor or conscience, either wit, interest or courage to oppose his designes, which before hath been effectually answered, to which he referreth the Reader; neither were there any excellent persons abused, or rid out of the way; but such as this Impostor is, who were disturbers of the quiet and peace of the Common-wealth, as they justly deserved; neither were there any advanced but for their Valour and Virtue, which is Vera nobilitae; for we are all terræ Filii, and it is not birth, but worth puts the difference between us.
The fourth Character is, they dare not suffer assemblies, not so much as Horseraces; but to use Aristotles words, they strictly forbid Feasts and Companies, and take away Schooles of Learning; all which his Highness approves, and hath honoured the Schooles of Learning as their Head and Chancelour; but Horse races were prohibited three years ago, when mischievous plots were formed and acting in the State, and that but for a time to prevent new troubles might be raised in such a great concourse of people by ill disposed persons.
Apol. Pol. l. 5. c. 11.The fifth Character is, that in all places they have their spies and dilators, which though he borroweth of Aristotle, yet may we without reprehension decede from our Master in this, because experience, which was his Master, and that practice of Princes teacheth us, that Spies and Intelligences are necessary Members of a State; and as Bodin, Necessariæ sunt quidem magnic principibus largitiones ad bostium consilia, copias & opes evertendas,Bodin. de repub. l. 6. c. 11. nec porest ullum magnum Imperium speculatoribus carere; Stipends are necessary to a great Princes, neither can any great Empire want Intelligencers to frustrate and overthrow the Counsels, Forces, and Estates of the Enemies: But how impertinently and impudently doth he apply this? besides many innumerable spies, saith he, they have their Fleetwoods, Braghals, and St. Johns to seem discontented, and not to side with them, that under that design they may yet trust, and make discoveries. The poison of Aspes is under his lips, and his venemous tongue spares none comes within his reach.Horat.
Quælibet in quem opprobria figere [Editor: illegible word]
But how should this Impostor know these things, unlesse he hath more Spies then his Highness, which surely he hath, such as frequent Tavernes, Alehouses, and Barbers Shops, who stamp news by the Print of their own phansies, and will seem to know those things which never were done,Plaut. truo. or never will be, of whom the Comedian wittily,
Qui res alienos curant opere maximo,
Qui omnia simulant scire, nec quicquid sciunt,
Quæ neqne futura, neque sunt facta sciunt.
Who into others Acts do dive with curious eyes,
And all things do pretend to see, yet nothing Spies,
And seem to know what never was, or will be done.
But why should these honourable persons weigh his Fables, which are above Poetical fiction, and which none will believe but Fools and Mad men, his onely Parasites and Pattons? his Highness also, saith he, hath his Emissaries to send with forged Letters; if any one doubt this, let him send to Major General Brown, who will satisfy him; and what saith Master Brown?Plutarch. vita Eumenis. he cannot iustify any Letters to be forged; onely he suspecteth that one who brought him Letters from Charles Steward, received not condign punnishment: But though his Highness is clear of this calumnie; yet hath that been judged arcanum imperii, a secret of Government in Princes and Generals, to forge Letters, thereby to fish out the affections of those they doubted to be disaffected, or for other Politick ends, as Eumenes and Sertorim did,A Gell. l. 15. c. 22. which in such cases is not unlawful, according to the practice of the Emperor Frederick the first, and Lewis the eleventh King of France, whose proverb was, qui nescit dissimulare, nescit imperare; and which lesson the said Lewis would onely have his Son to learn, as before hath been intimated.
The sixt Article is, They stir not without their Guarde, nor his Highness without his Life-Guarde, as if it were Tyranny in a King or Prince to have a Guarde; which is not onely useful, but necessary to defend himself from the ambitious and seditious; without which no Majesty is safe, or secure; for as Pontanius, amor incedit inermis,Arist. l. 3. Pol. c. 11. Armatus dormit; love walkes unarmed, but the Armed man may sleep: and truely Aristotle being a witnesse, the use of such Guardes is necessary as well in a quiet and peaceable Commonwealth as in a turbulent and seditious; for how, saith he, can a King exercise his power, unlesse he hath about him Force and Armed men, to resist those oppose it? But he saith, his Highness hath a Life-guarde, and so had Romulus three hundred Horse-men, tam pace quam bello; as well in peace as Warre for his Royal body. And for the same cause Antoninus had German Horse-men; but this Impostor would fain have him to discard his Life-guarde, that his Bravos may the sooner slay him.
Liv.The seventh Character is, They impoverish the people that they may want the power, if they had the will to attempt any thing against him. His Highness way, saith he, is by Taxes, Excise and Decimations.
But let us remember what the Impostor said to his Reader, that he should not want Proofs, if he wants not memory, whereas herein his own memory faileth him; for he might have called to memory that the like Taxes, Excise, and Decimations were imposed by the Parliament; for which in all his passages he pleadeth whilest that possessed the sole Government; & ubi est tadem ratio, ibi est eadem lex; and where there is the same reason, there is the same Law; and if such Taxes were Lawful then, and did not impoverish the people, how can they for that reason be unlawful now?Arist. Pol. l. 3. c. 11. But if his Highness should have imposed such intolerable Taxes on the people, as Dionysius did on the Syracusans, having by them within five years space exhausted the wealth of Syracuse, for which Aristotle in the same place, from which he extracteth this Character, branded him with Tyranny; or if he should have laid such Imposts on them, as the Duke of Alva did on the Netherlanders; who, as Bodin saith, exacted the tenth part of their Vendible goods; by which device within a short time he almost swallowed up all the Merchants Estates (they using to tell the same ten times over) then might he have had just cause to charge his Highness with the impoverishment of the people; but since he hath alwayes imposed moderate and necessary Taxes, according to the publicke occurrences and occasions, and now onely such as are ratified and established by the last Parliament, this Impostor may put up his Pipes, and set down by weeping Crosse.
The eighth Character is, that they make Warre to divert and buisy the people; and besides to have a pretence to raise money, and to make new Levies if they mistrust their own Forces, or think them not sufficient:Arist. Pol. 5. c. 11. But the words of Aristotle are, they make Warre least the people should be idle, and that they may have need of a General; and varyeth nor a little from his alledged Authority, to intrude his own Inventions; but herein also must we shake hands with our Master, being taught by experience, that as Bodin, nihil est utilius quam externis bellis implicart;Bodin. de repub. l. 4. c. 1. there is nothing more profitable then to make Warre with Forrainers.
And first to invert Aristotles reason, that idleness in people may be taken away; for idleness is the Mother of all vices, and begetteth vicious persons in a Commonwealth, which unless they be expunged, the body will be vitiated and corrupted. Therefore it is necessary to make Warre; whereby such nefarious and facinerous persons may be exonerated,Tholosan. Synt. l. 41. & 22. and those which remain imbettered; and more glorious for them Valiantly to hazzard their Lives for the honor of their Countrey abroad, then ignominously to endanger themselves by loose living at home. An other reason is drawn from Annibal, that ancient circumspect and couragious Captain, that Warre is to be made with Forrainers, to prevent intestine seditions, which was his State Aphorisme;Livii. Nulla magna civitos diu consistere potest; si foris hostem non habet domi invenit: No great City can long continue; if it have not an Enemy abroad, it will find one at home, as prevalid bodies are secure from external hurts, yet are they burdued and laden with their own strength, which was the principal cause that Scipio Africanus the younger would not destroy Carthage,Bodin. de rev. l. 4. c. 10. least if there were no Warre against the Enemy, it would begin at home; and therefore to avoid some Warre at home, or some eminent and supposed Warre abroad, a Prince may well support a just quarrel in any such Countrey by way of prevention; so as it is no Tyranny, but preventing Policy, to make Warre with an ambitious Enemy; Non cuivis homini contingit; and this Impostor is uncapable of this imperial mystery.
But mark his malitious inference, The Warre with Spain serves his Highness to this purpose, and upon no other Justice was it begun at first, or is still continued; what Pander can be more impudent, as it may be he is to the Whore of Babylon, who savors much of her Conclave, to deny the justness of the undertaking that Warre, which is so plainly and evidently demonstrated in the Declaration of his Highness, in the year 1655. that the prudent and Protestant Princes of Christendom embrace and believe it; and so do all others who are not simply ignorant, or wilfully blinded: but let us hear the Advice of Master Pymm, that provident Member of this State to the late King Charles in Parliament, and the reasons by which he would have moved him to the same Warre: The Spanish Colonies, saith he, in the Indies were weak, distracted, and discontented; and that there were sixty thousand Persons of this Nation in those parts, whose bodies were seasoned to that Climate, which at a very small charge might be set down in some advantagious part of those pleasant Rich and Fruitful Countreys, and easily make him Master of all that Treasury,Master Pymms Speech 1642. which not onely foments the Warre, but is the support of Popery in all parts of Christendom: what will this Impostor now say? He cannot say it was his Highness Plot, but Mastes Pymms, against whom, if he open his Jawes, they will instantly be Metamorphosed into the Jawe bones of an Asse, by Vote of Parliament; and whereas he makes this Warre his Highness pretence to raise monies to replenish his vacant cohorts: What did Queen Elizabeth the Semiramis and Sheba of this Nation? She was the Spaniards Potent Antagonist, and never encountred him but she Conquered him; for which she received this boon and benevolence for her Victorious attempts against him; as Master Pymm affirmeth, that the greatest part of that charge was made upon the Subjects Purses,Vid. Pym. ibid. and not upon the Queens; though the honor and profit of the same did most accrue to her; this certainly will close this Impostors lips from bawling against the Taxes, and that Sacred and hopeful Warre.
The ninth Character is, They will seem to favour and provide for good men: But herein this Impostor mistakes Aristotle; for he doth not propound this as a Character of a Tyrant, but of a King, to wit, to favour and preferre good men; and sheweth that by this meanes a Tyrant may lengthen his power, if he square his Rule by the patterne and similitude of the Royal power.Arist. Pol. 5. c. 11. And makes as absurd an Application: That is, saith he, If the Ministers will be Orthodox and flatter; if they will wrest and torture the Scriptures, to prove the Government Lawful, he then likewise will be content to understand Scripture in their favour, and furnish them with Tithes: For his Highness before the acceptance of this Princely dignity, when the fifth Monarchy men in Parliament would have deprived the Clergy of their benefices and Tithes, his Highness preserved and confirmed them, according to the Laws of the Land; neither need the Ministers wrest and torture the Scriptures to prove his Government; for they are generally plain in that point, as before hath been demonstrated.
The tenth Character is, That things which are odious and distastful, they make others Executioners of, and when the people are discontented, they appease them with Sacrificing those Ministers they employ, and do grateful things themselves; and simply inferreth that he will leave it to his Highness Major Generals to ruminate a little on that point; for Princes make others Surrogates, and Executioners of their Judicial Acts; because as Jethro said to Moses, they are too heavy for them, and not able to performe them themselves alone; not that they be distastful, but expedient it so should be; yet whatsoever they do, or Act, is in the Princes name, and by their Authority; and in this respect is his own Acts:Exod. 18. So did his Highness by the advice of his Councel imploy the Major Generals upon urgent and necessary occasions, to prevent seditions, preserve Peace in the Commonwealth, which are particularly expressed in his Highness Declaration, Dated October 1655. which in that regard was his Highness own Act; and though it did prove distastful to the people, yet was it not therefore unjust and inconvenient; for Moses a most just Prince did enjoin, and prohibit almost all things contrary to the mind, and will of the people; neither were the Major Generals that Action Sacrificed to the censure of the Parliament, nor thereby incurred any penalty, though the Parliament was not pleased for some weighty reasons, to confirme their Authority in the same mode they desired, yet stand they in the some favour with his Highness, and without any disparagement in the Parliament; and whereas the deaf Adder saith,See the Humble Advice, &c. holden at Parliament. 1656. he never heard of any good his Highness hath done himself, it seemeth he never frequenteth our Churches; who upon Thanks-giving days from the Pulpit might have heard Commemorations of his marvellous Victories; and every day might have heard from the Parliament the thankfulnesse they have acknowledged to God, for preserving his Highness in many Battailes, and to make him an Instrument for restoring and preserving our peace; and if he had not lost all his Sences, he could not but see, hear, taste, smell, and feel, the many gracious blessings which God hath conferred on us since his Highness acceptance of the Empire: For what greater blessings can accrue to a Commonwealth then peace and plenty? which through Gods blessings we enjoy quietly and abundantly: that we may say with the Poet,Hor. l. 2. Ser. 2.
———— Non est quod copia Major
A Jove donari possit.
Strabo. l. 17.Or as it is said of Augustus, Nunquam pace facultas tantaq; omnium bonorum copia affiuxit, quantum suppeditavit, &c. Never so much Liberty of peace and plenty of all good things did abound, as he hath sufficiently Ministred since he took upon him the Reines of the Empire, insomuch as if we compare the store and cheapnesse of our present Commodities, with the Scarcenesse and dearnesse of the preterit times, we shall conceive them to overpoise ours to the value of our Taxes. And as he hath lost all his Senses, if he had lost his Tongue too, he had been rid of his worst member.
The tenth Character is, In all things they pretend to be wonderful careful of the publick, to give general accompts of the monies they receive, which they pretend to be levyed for the maintenance of the State, and the prosecuting of the Warre.
But in this also he misconstrnes Aristotle, who doth not deliver this as a Symptome of a Tyrant; but insinuateth that by practising those Precepts are proper to a Prince, his power may endure the longer; and for that he saith, his Highness made an excellent Commentary on the same in his Speech to this Parliament, which if he did, his Highness therein did performe the part of a debonaire Prince, to give an account to the representative of the people of his charges,Arist. l. 5. c. 11. & disbursements for the Commonwealth.
The twelfth Character is, All things set aside for Religious uses they set to sale, that whilest these things last, they may expect the lesse of the people; the Cavalier saith, he would interpret this of the Deanes and Chapters Lands, as if he were not a Cavalier; and if he be not, he is worse; for many Cavalliers have submitted to Gods providence, and this civil Government: but this is nihil ad rhombum; for his Highness since his power hath maintained the Estate of the Church, and advanced Learning; though it may be not in that Superstitious kind, this Impostor would have him.
The thirtenth Character is, They pretend inspirations from God, and responses from Oracles to Authorize what they do; but how doth he apply this? His Highness, saith he, hath ever been an Enthusiast, as if it were Enthusiasme for him to believe and avouch his power to be of God, and of Christ himself; upon whose Shoulders the Government is layed, and not to attribute the contrivance and Production of this mighty Work to himself, or any other person; and not to judge of Gods Revolutions as the products of mens Inventions; and if this be Enthusiasm, then all our precedent Kings and Princes have been Enthusiast’s; who by their Title Dei gratia professe to have received and held their Scepter of none but God; and that their power dimaned immediately from him as the first cause, and mediately by second causes from him also, as before hath been asserted: or that it were Enthusiasm to pray and beleeve, and to receive returns from God, or to be spoken unto by the Spirit of God, who though he speaks with the written word sometimes, yet according to that of Job, God speaketh once, yea twice; for though God doth not speak to men in these dayes by Revelations, or by the voice of a Prophet, yet speaketh he by the secret operation of the Spirit, though it doth not visibly appear to us; as it is said in the same place of Job, God speaketh once yea twice, yet man perceiveth it not;Job 33. 14. and that by prayer we may obtain the returns, and comfort of the Spirit, is clear by the simile of our Saviour. If ye then, saith he, being evil,Luke 11. 13. know how to give good gifts to your Children, how much more shall your Heavenly Father give the Holy Spirit to them that ask him? whosoever therefore doth exclude the Spirit, without whose concurrence or teaching all ordinances are ineffectual, is like to the Disciples of John, who had not so much as heard whether there was an Holy Spirit; by which as the Apostle saith,Acts 19. 2. 1 Corinth. 12. 13. we are all baptized into one Spirit, and made to drink into the same Spirit, and have one and the same Spirit, with the Apostles, though in a different measure.
But Linguæ quo vadit? his tongue runs at randome, and idely blurreth a nonsensical simile. And as saith he, Hugh Capet in taking the Crown, pretended to be admonished to it in a dream by the Instigation of St. Vallery, and St. Richard; so I believe his Highness will do the same at the Instigation of St. Henry, and St. Richard his two sonnes; A meer bull, & a nominal conceit without sense or reason; for what correspondence hath my Lord Richard with St. Richard, or my Lord Henry with St. Vallery? they being no such superstitious Saints and dreaming Spirits. But what if his Highness at the Instigation of my Lord Henry, and my Lord Richard, should have taken the Crown, which this Impostor did but dream of? he had taken no more then he hath merited; and he were worse then an Infidel, if he should not provide for his own, and especially for these of his own houshold. And my Lord Henry, and my Lord Richard may be St. Pauls Saints, that is, Holy men, if they follow his Doctrine by Faith in Christ, and works of Salvation.
Arist. Pol. 5. c. 11.The fourteenth Character is, they love God and Religion, and in this doth he also rack Aristotles words from the sense; for his meaning is that, if a Tyrant will prolong his power, he must imitate a good pious Prince, which he preposterously calleth Artem Tyrannorum potissiman, the best Art of Tyrants; for piety and justice are the two pillars of a principality; otherwise by this Character, David a man after Gods own heart might be a Tyrant, and Numa Pompilius also, who was the Founder of Religion among the Romans, and for his piety advanced to that Royalty, as his Highness likewise partly was to this supream Magistracy: for protecting and cleansing true Religion of its superstitions.
And indeed, as he saith, His Arms were Pious Arms; and conquered most by those of the Church, Prayers and Tears; for his Prayers and Tears prevailed more with God, then his Arms and Force with Men; and that as he also saith, Godliness hath bin great gain to him, for which the Lord hath honoured him with a Temporal principality, as in all probability he will with his Heavenly Kingdom. Thus are this Impostors prophane Scotts against his Highness, piously inverted to his honor, who not onely as he likewise saith Romanlike, but Brittainlike, being a Prince and Priest (for by our Law also Rex est persona mixta cum Sacerdote) hath and doth as a Prince protect our Temporal Estates; And as a Priest preserve the Tythes-offrings, & duties of the Church, and not cost us all as he maliciously slandereth him.
No other marks of a Tyrant can be found in Aristotle, Plato, and his familiar Machiavel, saith He, which are suitable to his Highness but those two, as he conceiveth: The first to use Aristotles own words (which he commonly changeth and wresteth to his own conceit,) is that he would not have him impulst with anger, to fight and strike; for as Heraclitus, It is a difficult matter to resist anger which may cost ones life;Arist. Pol. l. 5. c. 16. which is also a precept for a Prince, by the practice of which a Tyrant may the longer subsist; For as St. Ambrose saith, Dum justo amplius irascimur, & volumus aliena corrigere peccata graviora committimus, when we are angry above measure, and would restraine and represse offences,Ambros. de Sancto Josepho. wee commit greater. And therefore Theodosius, after the furious slaughter of the Thessalonians, ordained that Sentences of Princes should be deferred for thirty dayes from execution: yet Aristotle saith in another place, Anger is a virtue in a Valiant man, and spurs him on to dangerous attempts,Arist. 9. c. 8. Vires injicit ira, and by consequence in a General and Prince; And therefore as Solomon saith, We ought not to provoke a King to anger, because the anger of a King is like the roaring of a Lyon.
And therefore as this Impostor saith,Prov. 20. 2. seeing his Highness is naturally cholerick, and will call men Rogues, and go to Cuffs, let him beware he falls not into his Highness clutches, least he handle him like a Rogue; and serve him as Agamemnon did Thersites a bawling Captain of the Grecians, who for his impudent railing slew him with a cuff of his fist.
And the last is, that a Tyrant should not be really good,Arist. 15. c. 11. nor absolutely bad, but half one, and half toother; but herein also he falsifieth Aristotle, whose words are, that he so fashion himself [Editor: 4 illegible Greek words], 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; though the contrary be humbly acknowledged by the Parliament,See the humble advice of Parl. 1656. which is of more authority then his finxit or the Popes dixit.
1 Kings 1. 11. 1.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, 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,Justin. l. 1. 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.Esay 45. 1. 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.
Jer. 15. 9. 24. 17. Baruch 1.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 refused to worship it, should be cast into a fiery Furnace, 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 forest 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 solvendue, 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 resticate 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,Cic. Epist. ad Att. Heus tu, 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 Magistris 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 glistning 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 Usurper, 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: Sunt quos ducit amor; plures sunt tamen quos corrigit timor,Cooks Com. P. 392. Some are drawn to be obedience by the cords of love, but more are forced to it by the scourge of fear; which the Magistrate could not do, unless he were the stronger, and had the power of the Sword. But how unfitly do these expressions correspond with his Highness Title, which hath been before discussed and resolved?Perseus Sat. 4.
Sambucam citius caloni aptaveris alto.
A Fidle you shall sooner fit to a Souldiers side.
But to examine his Reasons, why a Tyrants case is particular; and why, in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate; which he saith, cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state be standeth with the Commonwealth, and with every member of it.
And first, he assumeth that Laws are the Nerves or Sinewes of a Society, or Commonwealth, without which they must necessarily dissolve, and fall asunder. Those therefore that submit not to the Laws, but make their Will and Lust a Law, and secure themselves against the ordinary course of Justice as Tyrants do, are not to be reputed in the Society of mankind, nor to have benefit from Humane Society, nor protection from Law; wherein he seemeth, as he pretended, to argue from the definition of a Tyrant, which is, as he supposeth, that he that submitteth himself to no Law, but secureth himself against the ordinary course of Justice, is a Tyrant; which is in imperfect definition: For in the beginning of Societies, there were no written Laws; but Princes being advanced to the hight of Majesty for their Valour and Wisdome,Just. l. 1. & l. 2. Arbitria Principum pro Legibus erant, The Decrees of Princes stood for Laws, as Justine saith of the Assyrians, and of the Athenians; Libido Regum pro Legibus erant, the Will and Lust of Princes were for Law. If then all Princes were Tyrants, which submit themselves to no Law,Arist. Polit. l. 3. c. 12. but made their Will a Law, all the Grecian Princes before the Laws of Draco, Solon, and Lycurgus; and all the Roman Kings before the Laws of Tullius Hostilius, were Tyrants; and so also was Moses, whose licet was a Law before the Law was given him by God on the Mount: His definition therefore is defective, because not adaquate to the thing defined, and generally the Nonsubmission to written Laws, which he speaks of, doth not make a Tyrant; For a good Prince without Laws may Rule the People aswel as with Laws.Arist ibidem. And Aristotle makes it dubitable, and disputable, whether it is better to be Ruled by a good Law, or a good Man? And whereas he maketh Arisotle to say that Tyranny is against the Law of Nature: he doth not mean, contrary to the Law of Humane Society, by which Humane Nature is preserved, as the Impostor coustrueth it; for Humane Nature hath, and may be preserved without the Law of Humane Society, and that by the Law of Nature: According to which as Sir John Davis,In the Preface to his Reports. If we all lived of Nature, we should need few Laws, and fewer Lawyers, which Princes, as Gods Subjects, are bound to observe, aswell as their Subjects them; and which as Bodin, is, Regina utrisque Imperans,Bed. Poc. A Queen commanding them both: And a Lesbian Rule flexible every way, according to the various contingencies and vicissitude of things: Which therefore by some is preferred before written Laws, because the inconstancy of the people, and change of things do often require new Laws, which the Law-givers cannot foresee, or provide for, which Defects are supplied by the Law of Nature is a good Prince. Therefore such Princes as do not guide themselves, and rule their Subjects according to the Law of Nature, as Aristotle saith, are Tyrants,Arist. Eth. l. 8. c. 10. because they rule contrary to the Law of Nature; And as in another place, Rexsi vitiosus sit, Tyrannus efficitur, A King, if he be vitious, becomes a Tyrant, for vices are contrarie to the Law of Nature, and right Reason: Such vitious Princes were Sardanapalus, and Astyages: And therefore for their vices by Arbactes and Cyrus expulsed their Kingdomes. But grant his Major, that those Rulers who subject themselves to no Humane Law but their will, and his lust is a Law, by which be governeth himself and others, are no Magistrates, but Tyrants: How doth this reflect on his Highness, who hath submitted himself to the Laws of this Nation,Virgil. Æne. 2 and hath a principal care to put them in Execution? Justissinus Vane
Qui suit ex Anglis, Et servanrissinus æqui,
As before hath been shewen: Besides in cases of present importunity, or imminent necessity, he exerciseth not an absolute power, but is guided by his Councel, who have as absolute a negative voice in the Intervals of Parliament, as the Parliament had whilest it was sitting. Then he falls fowl on the crimes and effects of Tyranny: A Commonwealth, saith he, falling into a Tyranny absolutely, loseth that name. For serverus nulla est Civitas, saith Aristotle, and Grotius,Arist. Pol. c. 8. Grotius de Jubel. l. 3. c. 8. f. 2. Sed magna familia, Where all are Slaves, it is not a City: for as he saith, there is one Government for the utility of the Ruler, and another for the commodity of the Ruled; this hath place among the free people, the other between Lords and Servants, and where the people is bridled by such a Government, is not a City, but a great Family; And he inferres there is no longer King and People, Parliament and People, but these names are changed (at least their natures into Masters and Servants, Lords and Slaves. But certainly this Impostor hath learned the Art of Forgetfulness, not to forget injuries, as Themistocles and Cæsar did, but benefits and good turns as Brutus, whom though Cæsar saved at the Pharsalian battail,See his Highness Speech. 12 of Septemb. 1654. yet was he the chiefest Conspirator against him; Even so doth he brand his Highness, with the enslaving others, who freed him from slavery; and aims more at the utility of the Commonwealth then his own, and will not remember the gentle and gratious protestation his Highness publikely and solemnely made in Parliament, that he did not assume to himself dominion over them, but resolved to be a Fellow-servant with them: And so indeed he is; for in his Protection he serveth us, and we in our obedience serve him: unlesse he wil make obedience slavery, which is Regis & Legis essentia, the being & essence of a Prince and Law. And of the two, his service and burden is the greater; and as Tiberius said, Onerosior servitus, The heavier service. But observe his sottish inference: And in truth, saith he, we are all members of Whitehal, and when our Master pleaseth, he may send for us thither, and there bore through our ears at the Dore-posts; For for whom did his Higness send for thither, but for such refractory and turbulent spirits as his is, and there by godly and moral instructions did labour to bore them through their consciences and reclaim them, or otherwise, by custody, to secure them to prevent future combustions in the Commonwealth? And let this Impostor take heed that his Highness find not his hole wherein he lurketh, and send for him to Westminster-Hall, and there cause him to be mounted on the top of a pillery, and his ears and tongue too to be bored through, and his forehead stigmatized for his impudent and eminent scandals. Next he sheweth the condition wherein a Tyrant standeth with the Commonwealth: to wit, that a Tyrant is no part of the City, nor member of the Commonwealth, and therefore in all reason to be reckoned in the number of those savage beasts that fall not within any other horde, that have no other defence then their own strength, making a prey of all that is weaker, and by the same reason being a prey to all, are stronger then himself: But if we grant that a Tyrant is no part or Member of a Commonwealth (which I can neither finde in Aristotle or Grotius, whom he quoteth in his margent,) yet is he not for that reason a Tyrant; for injury should be offered to a Prince, saith Aristotle,L. 1. Pol. c. 9. who excelleth others in virtue and valour, to esteem him apart of the City & Commonwealth, seeing there is Impar in eis virtus, Unequal virtue in them; for such a man ought to be esteemed a God among men; And so also is there in Tyrants, who as he also saith, for their Virtue and Valour were at the first made Tribunes, or Leaders of the people:Regis Just. 1. cap. 5. And though they be Eccentricque and above the other Sphære and Orbe, yet do they like Primum Mobile, Rowl about, and sway all the Inferiour Orbes with their Motion and rule. And therefore the comparison of Tyrants with wild beasts, which he borrowed of his Master Mariana is incongruous and absurd, because there is not the same Reason of both, & parium eadem est ratio; for among wild beasts there is no rule, or government,Lib. 1. Hist. but promiscuous confusion and dilaniation, whereas in Tyranny there is a Form of Rule and Government, though not so just and equal as it ought to be:Kek. Pol. sol. 21 And for that Reason, saith Tacitus, Præstat esse sub malo Principe, quam sub nulla, It is to be better under an evil Prince then none, and a Tyranny is better then an Anarchy; for where there is no Government at all, men like brute beasts indeed by wounds and slaughters, snatch and catch what they can to themselves. And for the same infirm Reason,pag. 9. he in the ensuing page assevereth, that no Society and no Faith is to be kept with Tyrants, nor no Religion of Oath to be observed, because as Seneca saith, that whatsoever was of Mutual Obligation between us, his destroying the Lawes of Humane Society hath dissolved; but I wonder much that he who seemes so well versed in Grotius, should not observe that he utterly rejecteth that opinion of Seneca,Grotius lib. 3. and also of Cicero’s, which in that Place he also citeth,cap. 2. Nulla nobis Societas cum Tyrannis, sed summa potius distractio, That no Society is to be had by us, but rather extream distraction. For saith he,L. 5. Tusean. Tyrants have had Society with the people, and by compacts and agreements with them, established their power, by granting them Liberty: And which is more to be admired, the Impostor seemeth to countenance the Error of Michael Ephesus, which as Grotius saith, proceeded from that Fountain, That Adultery is not committed with a Tyrants Wife, and graceth it it with a jeer, if she have no other guard for her chastity, but age and deformity: But he will finde, that if his Wife have not the guard for her chastity of age and deformity, a Tyrant may with lesse offence, and danger commit Adultery with his Wife, if he have any.
In the next place he produceth another argument of the same nature, that a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose, becomes above all other punishments, above all other Justice, then that he receives from the stroak of some generous hand. And by the Law of Nature, where no Justice is to be had, every one may be his own Magistrate, and do justice for himself: which he learned of his Master Suarez, who giveth the same reason for the lawfulness of every private mans authority in such a case.Suarez Resp. ad Apologiam pro Jur. fidel. Fol. 415. Quia, saith he, per Naturalem Legem Deus dedit unicuique potestatem defendende se. Because God by the Law of Nature, hath given power to every man to defend himself, where no remedy is to be had against him from their Superior.
But herein is this Impostor catched in his own ginne, by falling from his first principle, which was that it is Lawful for every private person to kill Usurpers or Tyrants in Titulo; but not supream Magistrates who degenerate into Tyrants, and be Tyrants in exercitio; whereas by this reason every private person may as well kill the one as the other; for a Tyrant in exercitio is also above Law, and defendeth his injustice by a strength which no power of inferiour Magistrates is able to oppose; and by his successive Title becomes more potent and irresistible in his Acts of Injustice; for no Injustice can be had against him also for his Compulsory, Contributions, Loanes, Benevolences, Assessements, Taxes, or other the like Impositions; and may as well be stiled magna Latrocinia, great Robberies as well as the other. In which Argument this Impostor seemeth to have lost his sober senses; for he saith, None of sober sense makes private persons Judges of the Actions of those that degenerate into Tyrants, which by this Argument he doth.
And further in this case the Impostor saith, that every one may be his own Judge, and do Justice for himself; for the question is not whether a private man may take upon him to be his own Judge, whether a Magistrate doth him wrong or not; for that is denied of Grotius and Bodin.Grotius l. 1. c. 3. Ne occasio sit majoris tumultus faciendi; least it should be an occasion of greater tumults: And therefore Cicero compares such resisters of Magistrates to the Titans, Qui ut illi Cælestibus, adversantur Magistratibus;Cic. lib. 3. de Legibus. who oppose Magistrates as they did the gods. But the question is, Whether every private person may take upon him to be his Judge, in punishing an usurper that hath no just Title to Magistracy, which this Impostor resolveth in the affirmative. In which he decedeth from the Institutions of his Masters, Mariana and Suarez:Suarez resp. ad Apolog. pro Jur. fid. The one averring, that if the Tyranny be doubtful and not Manifest, no man ought to offer him force, & how this doubt shall be resolved the other sheweth, Neque enim in privato cujus quam arbitrio ponimus, &c. We place it not in the Judgement of every private person nor mamy,De Regis Iest. L. 1. c. 5. unlesse the publick voice of the people be assenting, and learned and grave men be called to Councel, least, saith he, any one should conspire against the life of the Prince, as if he were a Tyrant: And so also saith Grotius, maxime autem la re controversa judicium sibi privatum sumere non debet: In this case above all other, a private man ought not to take to himself Judgement.
Grotius lib. 1. c. 4.And yet this Impostor would Father that opinion on Grotius, which his grave Fathers Mariana and Suarez rejected, and make him like the Satyre in Æsop, iisdem buccis calorem & frigus esstare; breath contraries, to supply his purpose; for Grotius doth not say, where no Justice is to be had, every one may be his own Magistrate, and do Justice for himself; for before he said the contrary,Molin. de Instit. Fo. 1. disp. 100. and so doth Molina whom Grotius cited in that place, to wit, that no private man ought to take vengeance for an injury offered him, eo quid unusquisque possit facile occæcari sua in causa, because every one may be easily blinded in his own case: And therefore it is written,Grotius de sol. l. 1. c. 3. Vengeance is mine; that is, God’s, and his Magistrates; whom (though we suppose them to do us injustice) we ought not to resist. And in that Grotius saith, ubi cesset judicium, where Justice ceaseth, the Law of nature somtimes now hath place. He doth not speak of injustice done by Magistrates in their place of Justice to private persons, but of injustics and wronges that happen between private persons, which appeareth by his subsequent distinctions; for Justice saith he, doth cease momentané, for the present moment, where Justice cannot be executed without certain danger and dammage: In which sence that of this Impostor is to be taken, that the Law of God permitteth every man to kill a thief, if he take him breaking open his House in the night, because he cannot bring him to Justice without certain peril or losse: Or else saith Grotius, Justice doth cease continué, continually; which is either by Right, as in Wildernesses and Islands, where there is no City and Government; or by Fact if the Subjects will not hearken to the Judge, as Pirates, Robbers, Mosse-troopers, or such notorious Malefactors,Grotius l. 3. c. 19. who are no part of a City, but contemn Government; and therefore as Grotius saith, may be punished by every man, if we respect the Law of nature; or else saith he, When the Judge doth refuse to do Justice; as if saith Molin, in one Kingdom one City assaulteth another, and doth grievous injury to it;Molin. ibidem. and the King (being requested) neglecteth, or dareth not to vindicate the offered injuries. In this case that City may not onely defend it self, but also make Warre with the other, and put the Malefactors to the Sword: But cautiously addeth, Non tamen auderem facultatem hane multum extendere; yet I dare nor much extend this power no further then between City and City; and not to give private persons the power of Magistracy; and that where no Justice is to be had, to do Justice for themselves; no, not between themselves, unlesse in the causes above mentioned; and therefore à fortiori not against a Magistrate, as this Impostor conceiveth; which opinion both Molin and Grotius utterly reject.
And in that he saith, That it is contrary to the Law of nature, that when the Law can have no place, men shall be forbidden to repel force by force: but to be left without all defence and remedy against injury: God left not the Slave without a Remedy against the cruel Master, and permitted every man to kill a Thief breaking upon his House in the night, because it may be supposed he could not otherwise bring him to Justice; and shall a Free People have no redresse against an Imperious Master, nor an oppressing Tyrant? Wherein this Impostor hath forgot the old Wife Lesson.
——— Fuit hæc sapientia quondam
Publica privatis secernere, sacra profanis.
To distinguish between publike and private things, Sacred and Profane; for private persons, upon any pretence of Injustice, may not be their own Judges, and make resistance against the publike Magistrate, or the Supreame power, for they are publike and Sacred persons, Sanctified by the Ordinance of God: Yea, though they be unjust and wicked, yet is there power and Authority the Ordinance of God; and therefore Christ told Pilate, that the power he had was given him from above;John 9. 11. and as Jehosaphat said to his Rulers, They execute not the Judgement of man, but of the Lord.
The same answer may be returned to that he saith, What can be more absurd in nature, and contrary to all common sence to call him Thief, and kill him that comes alone, or with a few to rob me, or to call him Protector, and obey him who robs me with Regiments and Troopes, as if to rove with two or three Ships were to be a Pirate, but with fifty an Admiral; as if the number of Adherents onely, not the the cause, did make the difference between a Robber and a Protector: But it is not the number of Adherents puts the difference between them, but the cause; for the Protector as the publike and Supreame Magistrate, by the Advice of his Councel, or Parliament, for the good of the publike may impose Assessements and Taxes on the people whom as Gods Vice-gerent, we are all obliged to obey: but the others in contempt of publike Authority, as private persons Robbe, Pillage, and Plunder their Brothers and Neighbours: Otherwise the Pirates answer to Alexander had been pertinent, who being demanded of him by what Right they did infest the Sea, and spoil Passengers; said, by the same Right that he with many did Robbe the whole World. Whereas the Legal and publike Authority of the one did make the difference of Right and Robbery between them. And as concerning the consent of the people to Taxes, either made expressely by themselves, or virtually in Parliament, satisfaction therein hath before abundantly been given. And if this Impostor will have other Remedy and satisfaction, let him hearken to Grotius, who will further Instruct him, and tell him that Magistrates Judge private men; Princes Magistrates, and God Princes,Grotius l. 1. c. 3. of whom he hath a peculiar care, who will vindicate their offences, if he Judge it needful, or bear with them in pænam & explorationem populi; for the punishment or Trial of the people; or else as others say, they may be questioned of the Superior Magistrates, by the Supreame Law of the peoples safety. And every private mans defence; as he would have it is altogether in this cause restrained by the Law of God and man, since Magistrates and publike Courts of Justice have been constituted.
These are his reasons; in which he saith, He should be much lesse confident, unlesse they were seconded by the Examples that are left us by the greatest and most Virtuous, and the opinions of the greatest and Wisest Men, by whom, saith he, if I am deceived, I shall however have the excuse to have been drawn into that error by them: So that notwithstanding his former Thrasonical vaunts; he begins now to doubt that he is deceived, and drawn into an error: Et habemus paene confirentem reum; and not without cause; for Examples and Authorities, as the Logicians say, are the weakest Weapons brandished in our humane Academy who give it for a Rule,Boeth. [Editor: illegible word] Lotus ab Authoritate est infirmissimus: An Argument from Authority is the weakest: And especially his which are either wrested, or for the most part misconstrued. But to examine them in order; in the front he placeth Grotius as his chiefest Champion, whom he mistaketh and dismembreth as he did before. For Grotius, saith he, saith, That an Usurper that onely by force possesseth himself of Government, and by force onely keeps it, is yet in the State of Warre with every man; and therefore every thing is Lawful against him, is Lawful against an open Enemy, whom every private man hath Right to kill.
Whereas Grotius saith, If by an unjust Warre any one by force snatcheth unto himself the Empire, and no agreement and consent followeth, nor longe Possession, but by force retaineth it, the Law of Warre seemes to remain; and that what is Lawful against an Enemy, is Lawful against him, who by Right may be killed of every private man; and omitteth the Limitations (to wit) an unjust Warre, consent of the people, and possession, as not conducent to his design, because they jointly concurre to the establishment of his Highness just Title; for as hath before been declared, his Highness may lay clame to this Government by the just Title of Warre, and also by the consent of the people; the onely question may be, is concerning the possession, which as I conceive, is rightly determined by Learned Master Ashkam.Vol. 90. That place, saith he, is Judged to be in full possession, when it is so held, that another power as great as that that holds it, cannot approach it without great danger; or that there is no probable hope to recover it, which is sufficient saith he, to challenge our obedience; & which as Grotius saith, Every private man ought to follow, as our Saviour Christ did; who though he was the King of Kings, yet because he had undertaken the condition of a private person, did willingly pay Tribute to Cæsar, because the monies bore his image and Superscription, that is, because he was in possession of the Empire.
Arist. Plut. l. 1. c. 3.All his other Authorities were deduced from the Laws and practises of those Citisens, who lived and Ruled in meer Commonwealths, to whom the Government of one was alwayes odious: And as Aristotle οί πλήςυ αολς υίτας τν ικ[Editor: illegible Greek word], most people are evil Judges in their own affaires;[Editor: illegible word] 8. and as this Impostor, who like the Devil sometimes speaks truth; it is contrary to the Laws of God and nature, that men who are partial to themselves should be their own Judges: And therefore Xenophon, Solon, Plato, and Cicero are not competent Judges in this case, because it concerned the continuance of their own State and dignity. And though in their Commonwealth they erected statues in their Temples to Tyrannicides, and Deified those private persons who murthered Tyrants; yet in Monarchical Governments, none such escaped Capital censure, whose Examples because they are divulged in most Histories, I willingly supersede; and will onely name two, which seem more rare and memorable: As that of David, who caused the Messenger to be slain, that upon Request & for pitty had lent his hand to help forward the voluntary death of Saul; and another of Domitian, who did put to death Epaphioditus, Neros Libertine, because he helped Nero in love to kill him; which may seem to be summum Jus, and in equity considerable, as void of a malicious Intention, which is the forme of Murder, and partly excuseth or mitigateth ordinary homicides but that the parricide of Supream Magistrates is of higher consequence, and abominable by the Law of God and Law of man, that whosoever shall brew his hands in their blond, though by consent and voide of malice, shall in Publicum Exemplum without hope of mercy receive the highest punishment.
From his authorities, he desendeth to the examples of such lawlesse Murderers, which as his Master Mariana, are not numerousDe Just. Reg. l. 1. c. 6. Ex tanto numero Tyrannorum saith he, qui anti quis temporibus exticerunt, paucos quosdam numerare licet ferro suorum periisse, Out of the great company of Tyrants have been in ancient times, few can be numbred who perished by the sword of their own people.
And as in Spain, he saith but two, so may we say of England, so faithful and loyal commonly have the people been to their Supreme Magistrate. And this Impostor instanceth but in one, which in his judgement seems instar omnium, though indeed little ad Rhombum: to wit the slaughter of Cæsar, which his Pater Patriæ Cicero extols as an act most generous, and worthy of eternal memorie. But Tacitus, more truly, cum occisus suit Cæsar, aliis turpissimum, aliis pulcherrimum facitus videretur: when Cæsar was slain, it seemed to some a most fowl,Li. 1. Ann. to others a most glorious act.
Scinditur incertum Stadia in contrari vulgus.
For if we consider that according to the judgement of the sager sort, it will appear a barbarous murder and obnoxious to the state of Rome as then it stood, and that by the judgement of Tacitus himself; Quia, saith he, Nullum aliud discordantis Patriæ remedium fuis. Because there was no other remedy to cure and unite that discordant Nation, then by the Government of one. And for that reason as Plutarch relateth,Plut. Vit. Casar. was Cæsar created Perpetuus Dictator, by the Senate and People, hoping thereby saith he, Ab intestimis Discordin respirare, To breath and rest from their Intestine Discords, so as in the regard of the necessity and utility (which as they were the cause of our consociation, so are they of our preservation) Cæsar’s acceptance of the Empire was a necessary and a commodious Act:Li. de Nat. Deo. which Cicero himself, who souly trampled on Cæsar ashes, did upon mature deliberation acknowledge. Quod is esset status Reipublicæ, quod eam unius Consilio & cura gubernati necesse est, That such was the State of the Commonwealth, that that of necessity must be governed by the Councel and care of one; And Necessitas est Lex temporis, Necessity is the Law of the times, which we are forced to obey, and against which as one saith,App. Alexand. de Bello Civili. Ne dii quidem pugnare possiut. And therefore the Senate and People of Rome after the Conquest of Pompey as Appian saith, did not onely create Cæsar perpetual Dictator, but with the Dictatorship gave him the perpetual Consulship, to the Consulship the Title of Emperour, and the sirname of Pater Patriæ, whereof Cicero was one. Neither could the Senate plead any excuse for Cæsar’s murder, whom they themselves acknowledged Supreme: But condemned it as an horrid parricide. Onely the prevaricator Cicero who (as this Impostor saith) if he was not conscious of that design, yet he affected the honour to be thought so, as appeareth by his Philippick and invective Orations, for which he justly paid the mult of his head which forged them, and his hands which pressed them, and were both fastned to the Rostrum wherin he made them: which may be the Impostors penalty in the end for his prevaricative and invective pamphlet, and that jure, who is as faithless and caluminous as the other: Insomuch as if Cæsar was an Invador, as this Impostor conceiveth:Plut. Vit. Cæsaris. yet was he rightly fixed and setled in the Majesty of the Empire by the Decree of the Senate, and consent of the people; who were so enraged at his death that they unanimously flocked to the houses of the Parricides to punish and tear them in pieces.
Syntag. l. 6. c. 20.But I will conclude this Question with the determination of Tholosanus; Exempla Tyrannicidarum, saith he, non hic sunt sequenda. The Examples of Tyrannicides are not here to be followed, which happened in a free Commonwealth which had no King, nor did not subject themselves to him, or that those things which were done rashly be measured by the success: which this Impostor seems to acknowledge in that, he saith, That how he will conclude with authorities are much more authentick, and Examples we may much more safely imitate, as if it were not very safe to imitate the former. And now Ventum est ad triarios, He is driven to his last refuge: The ranks of his many battails are broken, and his humane arguments routed and forced to his last reserve, and to bring up his triaries and divine authorities into the field, on which he chiefly relies; but they like a staff of reed will fail him, and though primo impetu, at the first dispute they seem more then men, yet at the second they will prove Minus Fæminarum, Weaker then Women, and soon overcome: But to encounter them in the same order they are ranked.Deut. 17. Ch. 12. Ver. The first is drawn from the Law of God, which decreeth certain death is that man that doth not hearken, as he saith, or submit himself to the Judge, or the Decision of Justice, and thence inferreth, that neither that, nor any other Law is in force, if there were no way to put it in execution, and against a Tyrant processe, and citation have no place, neither have any formal remedies against him, and therefore includes that every man may kill him.Joan. Særisb. de nug. Cur. l. 8 c. 20. But he rowls the same stone he did before, and the same answer will satisfie both. That a Tyrant is the Minister of God, whom any private man ought not to resist, but is to be left to the Judgement of the Lord,Horat. who will either take vengeance on him, or permit him for our punishment or trial to remain.
Regum timendorum in proprios greges,
Reges in ipsos Imperiun est Jovis.
The next is taken from the example of Moses; every English man, saith he, hath more cause, and as much call as Moses had to slay the Ægyptian. But as he hath no cause, as hath been manifested, so hath he no such call; for Moses from the inspiration of God, obtained his authority, who moved him to this slaughter, that he might begin to shew himself an avenger of his people, and to kill the publick Enemy, which is the interpretation of the best Commentators according to the harmony of the Scriptures.Acts 7 Chapt. 24, 25. Ver. For Stephen saith, that Moses seeing one of his Brethren suffring wrong, defended him and smote the Egyptian who oppressed him, supposing his Brethren would have understood that God by his hand would have delivered them, but they understood not; Though Moses did know that he was ordained a Captain from God to vindicate the Hebrews, and that he should prepare himself by this slaughter to that charge;Heb. 11. 27. And though he did fly out of Egypt; yet as the Apostle saith, by Faith Moses forsook Egypt, and feared not the feirceness of the King, for he endured as he that saw him which is invisible, that is, he did it not for fear, but believed in his time to deliver Israel. What imprudence or impudence is it therefore in this Impostor to aver that Moses had no other call we read of, but the necessity his Brother stood in of his help, when the contrary is cleared by the Scriptures, that he had his call in this action, immediately from God, who by the smiting of the Egyptian was prepared and animated to the deliverance of Israel.
Suarez in Apol. pro Jursidel.The example of Ehud followeth which both his Masters Mariana and Suarez principally urge, that he as a private person killed Eglon the King of the Moabites, to free the Israelites from his Tyranny. But as Grotius saith, Sacred authority doth plainly justifie that he was raised by God, and by his special command to avenge the Tyranny of the Israelites:Mor. de Rege Inst. l. 1. c. 6. And that God also by what Ministers he pleased, did execute his Judgements against other Kings, as he did by Jebu against Joram: neither doth it appear, saith he, that the King of the Moabites had no right to rule by compact, which seemeth probable by the whole eighteen years time he ruled them, that some consent might passe between them.Grotius, l. 1. c, 23
And whereas he saith, That a Tyrant is not a Devil to be cast out by prayer and fasting but by a Dagger of a cubit long; yet was it the onely and pious meanes the people of God used to free themselves from the Tyranny and Slavery of Nebuchadnezzar and other Princes, which at the last they obtained without the helpe of a Dagger; but he had rather run to the Devil for a Dagger to execute his revenge, then fly to God by prayer for his deliverance.Judg. 10. This same answer also may be given to his Example of Sampson: for it is perspicuous by his miraculous acts that he was raised by God, to begin to deliver Israel out of the hands of the Philistines, and that whatsoever he acted was by the Spirit of God.In eundem locum. Besides as Peter Martyr saith, he was a publick Magistrate constituted of God, and that as a Magistrate he did punish and plague the Philistines; and therefore stiled their Enemy. And so is it said, ver. 20. That he judged Israel in the dayes of the Philistines twenty years. For as the same Author, Nemini privato licet ad hunc modum injurior prosequi, It is not lawful for a private man in this manner to prosecute injuries; and not as a private man to do unto them as they did unto him, as this Impostor saith, and conceiveth. And in that the Text saith, that the men of Judah should say, Knowest thou not that the Philistines are Rulers over us: It is answered by the Glosse on that place, that it was their grosse ignorance that they judged Gods great benefits to be a plague unto them, which they understood not, though he did, and therefore suffred he them to bind him, because he knew that God would deliver him. And therefore this Impostor for his ignorant collection in this place, meriteth to have his brains brayed in a Morter with Sampson’s Jawbone of an Asse, that he may be cured of his foolishness. And if his Friends and Relations daily receive capital punishment as he saith, it is because they adhere to the foolish dictates of such a frenetick Impostor, by which they are blinded and bewitched to foment such mortal and pestilent conspiracy against their Prince and the State. And therefore justly suffer: The same Response may also be returned to his Example of Samuel: That nothing was acted by him on Agag, but by the special command of God. Which, because it was neglected of Saul, Samuel according to the Voice of God,1 Sam. 15. 9 hewed him in pieces before the Lord in Gilgal. Neither was this Agag a Tyrant, as this Impostor saith, or an Usurper, or had any rule or command over the People of Israel, and therefore extra oleas fertur, he is carried beyond the limits of the question, and idly argueth not ad idem. He concludes with the Example of Jehojada the high Priest,Lib. 1. c. 45. Godw. Ant. l. 1. c. 45. who saith he, Six years hid the right Heir of the Crown in the House of the Lord, and without doubt was all that while contriving the destruction of that Tyrant Athaliah, who aspired to the Crown by the destruction of those had right to it, but though he pretended no immediate command from God as Jehu did,Martyr. Con. In 2 Kings. 11. In 2 Cron. 23. or immediate by Urim & Thummim, which signified his Prophetical Office, & by which he answered as from an Oracle; yet as Peter Martyr saith, he enterprised that Act Fiducia præclara auxilii Divini, By the clear and manifest confidence of the Divine assistance, or as Wolfinus Tigurinus, Impulsu Spiritus Sancti, By the Impulse and Inspiration of the Divine Spirit, And therefore doth this Impostor improperly ascribe this action to the sole contrivement and invention of man; and that Jehojada had no pretence to authorize this action, but the equiry and Justice of the act it self, which was Gods Act in him, and wrought by the Impulse of his Spirit, who though as Lavater also saith,2 Chron. 23. Whatsoever he did was done by the Incitement of the Holy Spirit, yet doth he use the ordinary means of prudence, and diligence, and military forces: Because humane helps, when they be offred ought not to be despised, no more then they were by Moses and Jehu in the like case. And whereas he saith, that any man might have done what Jehojada did as lawfully, that could have done it is as effectually as he: Jehojada did not do it, as Jehojada or a private person, but as the Princes Tutor and Guardian, which appertained to him, as the next of kinne, having married the Princes Aunt, who in that respect, represented the person of the Prince; and by virtue of that Relation was not onely obliged to hide and defend his person, but to have a care of his right to the Crown, and restore him to the Kingdom of Juda, which he lawfully did, and onely might do, and not any other private person. And therefore for that Royal Act was he honoured as a King, and buried among the Kings. Besides, as Peter Martyr saith, Non erat bona privatus, sed Reipublica summus Pontisex, he was not a private man,2 Chron. 23. In Eundem Lacum. but the High Priest of the Commonwealth, to whom it appertained to judge in all Civil as well as Ecclesiastical causes; and by that authority as a Judge according to the decree and promise of God, that the Scepter should not depart from Judah till Shiloh come; and that his House and Kingdome should be established for ever; and according to the Law in Deuteronomy, that the Kingdome should not reside in Strangers; he did lawfully and justly do execution on Athaliah, whereby the seizin and possession of that Kingdome was made, and delivered to the right Heir of the House of Judah, and did not do it as a private person with his Dagger, but as a publick Magistrate with the assistance of the Nobles, and the approbation of the People; and therefore as the Text saith, All the People of the Land rejoyced, and the City was quiet after they had slain Athaliah with the Sword.
But mark this Impostors preposterous allusion; They slew, saith he, Athaliah at the horse-gate, and by the Kings house, the very Whitehall wherein she had caused the blood royal to be spilt, and which she had so long unjustly possessed, and there, by providence did she receive her punishment, alluding to the late Kings execution before Whitehall. A comparison as absurde as odious, and no more like then Cicero and his Son: for the one was acted by the authority of a publick Act of Parliament, the Representative of the People; and the other by the malicious and revengeful hand of a Cruel Woman, with the detestation of all the people.
Wherein this Impostor discovereth his reserved intention, in that before he did pretend to stand solely for the Parliament, but here he covertly wheeleth about to the King, and which in the next page he plainely professeth Utinam, saith he, Te potius Carole, retinuissemus quam hunc habnissemus, We wish we had rather retained thee O Charles, then had this man. Who presaging that he shall not by advising the Parliament draw the Army to his mischievous design, endeavoureth by coquesing the King to invite the Royallists to effect it,Virgil. and careth not how it be done so it be done, resolving with that desperate malecontent.
Flectere si nequeo superas Achavant a movebo.
If the Heavens will not help him, the Devill shall. But what will the Devil help him to but shame and confusion? and will serve him as he doth the Witches, leave him when he cometh to the gallows; which will be the end and portion also of his accomplices, that unless as he saith, in the contrary sense they repent, they shall also perish as their precedent Assassinates have, and justly suffer in the same place where they shall act such an high offence, and therefore admonish them with the Poet by others dangers to be wisely cautious;Tibull.
Vos ego nunc moneo, fælix quicunque dolore
Alterius, disces posse carere tua.
Yet will he not conclude this Story of Athaliah without observing that Jehojada commanded, that whosoever followed her should be put to death, and generally applies it to all are confederates with his Highness, but more especially to his Chaplines, and Tryers, who, as he saith, will admit none to the ministers that preach liberty with the Gospel, though indeed they admit all that will preach not onely civil Peace and Liberty, but also Christian Liberty, and Liberty of Conscience; and onely bar those who will preach uncivil sedition, and tyranny of conscience: And yet doth he compare them with Baal’s priests, because as he saith, they do sacrifice to our Idol of a Magistrate, and preach for Tyrants, when as they preach nothing but sound Doctrine, according to the Scriptures in defence of the Supream Power: and yet would have them hanged before their Pulpits as Matten Baal’s priest sell before the Altar; but it he is a Jesuit, as he showeth himself to be, he is one of Baal’s Priests.
Et sape in Magistrum sceleva redierunt sua.
And what he designes to others may fall on himself, who with his popish Priests and Jesuits, for preaching continually like Baal’s Priests, Idolatry, and practising it in their Masses, & principally for sowing the Cockle of Sedition among his Highness Leige People, as Baal’s Priests did, will certainly, as then heretofore have been, we hanged, drawn, and quartered at Tyburn, if once discovered, which they also may be pleased to take notice of, and to use his own phrase, that unless they also repent, they shall all likewise perish.
Herat.Sed tandem amito quæramus seria Indo.
And now he begins seriously to consider what he above hath said, and hath found out two Objections which he hath made stronger then he is able to answer. The first is, That those Examples out of the Scriptures, are of men that were inspired of God, and that therefore they bad that call, or authority for their actions, which we cannot pretend to: And so that it would be unsafe to us to draw their actions into Examples, unless we had likewise their justifications to alledge; to which he answereth, That if God commandeth these things, it is a sign they were lawful and commendable; But if he had answered,Non Apollonis magis verum, quam hec [Editor: illegible word] that these were lawful and commendable in them whom the Lord had commanded to do them, Apollo’s answer had not been more true. But to say, they are commendable and generally lawful, and to be drawn into Example as a General precept by every one, is more incertain then a Paradox, and absonant from the harmony of the Scriptures; and are no more set down for our imitation then Jehu’s slaughter of Joram, which was done by the expresse Oracle and Revelation of God: For otherwise every private person may by that Example slay his true Prince, such as Joram, and Abaziah were, if they degenerate into Tyrants, which this Impostor himself saith, none of sober sene will averre. Thus is the Bee drowned in his own honey, and intangled in his own words, and his own mouth hath condemned him, yea, his own lips testifie against him.
What shall I say of the Israelites robbing of the Egyptians, or Sampson’s self murther, or Jonas casting himself into the Sea, or any other Prophetical precedents, or priviledged commandments, of which sort there are many recorded in Holy Writ: but that they were otherwise heynous offences by the Law of God, and out of the general, precept, and therefore unlawful for us ordinarily to follow, unless that, as he saith, we had their justifications to alledges.
The other Objection is, That there being no opposition made to the Government of his Highness, the people following their callings and traffique at home, making use of the Laws, and appealing to his Highness Court of Justice, that all this argues the peoples tacite consent to the Government. But this Objection is not rightly stated, and something he hath not fully expressed; as to stile that a tacite which is more then a tacite, and implicite consent; for, it is more then a tacite and implicite consent: for the Judges and Justice; of Peace to take their Commissions from his Highness, and the Sheriffs to act by his Processe, and the people to come in upon the Processe issued out by the Sheriffs, and appealing to his Court of Justice; For there are two main Pillars of Government, Imperare & Obedire, to Rule, & to Obey, which are Relatives and cannot be severed; And there can be no Rule without Obedience, nor no Obedience without Rule. Sint quibus Imperat. And when subordinate Magistrates are created for the Meum & Tuum of the whole Land, to which the people actually submit an active obedience, it is more then a tacit and implicite consent.
And in the stating of the Objection something he hath omitted; for he should have premised that in that his Highness at the request of divers persons of honour and quality, and many of the chief Officers of the Army, did take upon him the Supream Government, which afterward was seconded by the general consent of the people, and by them created the Supream Magistrate of these Nations, as before hath been acknowledged, and demonstrated; The people therein have openly and explicity declared their actual and real consent to the Government of his Highness, which would have made the Objection stronger, and altogether unanswerable.
But now to examine his Answer which is that if commerce and pleading were enough to argue the Peoples consent, and give Tyrants the name of Governments, there was never yet any Tyranny of any long standing in this world, which in his sence may be true, speaking of a Tyrant in Titulo, who so soon as he hath gained the peoples consent without any prescription of time, is no longer a Tyrant, even by the judgement of Learned Grotius, as he not unworthily stileth him; whereof commerce, pleadings, and obedience to him and his Magistrates is one clear argument which the general concurrence of the peoples consent makes invincible. And therefore impertinently doth he produce the Examples of Nero and Caligula, who were not Tyrants in Titulo, but Exercitio; who if they had been Tyrants in Titulo, the consent of the Senate and People had cleared them of that odions name.
And as to the Example of Eglon, whom the Israelites, as he saith, served eighteen years, no question but he by his so long continuance of time, and the consent of the people might have challenged the Right of Government, as well as by conquest; neither can time corroborate a principality where the antient of dayes will change it? And to the Example of Athaliah who reigned six years, it may be answered, that though traffick, pleadings, and all publick Acts of Justice were exercised by and under her for the same time, yet wanted she the complete consent of the people, all the people generally disaffecting and disliking her Government, which was apparent by their publike rejoycing at her death.
Besides Jeboiada by the impulse of God, as a publike Magistrate and Tutor of the Prince, to whom by the decree of God, the Kingdom of Judah did remain, which was irrepealerable, might lawfully Act what he did against Athaliah,Got. de Jur. l. 1. c. 4. though her Raign had been of longer continuance, at Grotius seemeth to intimate.
To the third question, Whether the removing of a Tyrant is like to prove of advantage to the Commonwealth, or not; he can scarce perswade himself to say any thing, because he thinks that needless, and all one to enquire whether it is better the man dye, or the impostume be launched, or the Gangreen Limbe be cut off: yet be there some, saith he, whose cowardice and avarice furnish them with some Arguments to the contrary, and would feign make the world believe, that to be base and degenerate, is to be cautious and prudent; and what indeed is a servile fear, they basely call a Christian patience; and that with continuance in slavery they have lost their courage, and with their courage their Fortitude.
And thus would he perswade his Auditors to precipitate themselves into mortal dangers, upon the rumination of his precepts, as Cleombrotus vainly did on Plato’s, without any prudential circumspection or caution.
De regnis Inst. l. 1. c. 6.But he might have Learned a more wary Lesson of his Master Mariana, who though he Fathers his impious principles, yet adviseth he every man to be cautious how he enterpriseth such a dangerous attempt. Attente saith he, cogitandum est; we ought seriously to consider what moderation and reason is to be observed in expelling a Tyrannical Prince; least one evil be heaped on another, and one impiety avenged by another; and the safest and expeditest way is, if a publike assembly may be called to deliberate by common consent, what is to be determined: And especially the Prince is to be admonished, to be recalled to health; who if he obey and satisfy the Commonwealth, I think it fitting to desist, and not use bitter and sharp Remedies. But his Master Mariana’s provident Instructions are too dilatory for this Monsters heady Resolution, who will rather hearken to the Counsel of his prime Apostle Machiavel, That men deceive themselves, saith he, to mollify arrogancy with humility; a Tyrant is never modest but when be is weak, ’tis in the Winter of his fortune when the Serpent bites not; we must not therefore expect cure from our patience, and suffer our selves to be consened with hopes of amendement;Matt. 18. 15. though our Saviours Counsel is, that if our Brother trespasse against us, we should first tell him of his fault privately; and if he hear us not, to tell him of it before witnesses; and if he refuse them, to tell it to the Church: but if he refuse the Church also, let him be as an Heathen and Publicane. These are the degrees of charity every Christian is to observe in admonishing his Brother, before he exerciseth the severity and extremity of Justice; because as our Saviour saith, by that means we may win our Brother, and he is little less then an Infidel & Publicane that refuseth so to do. Nay, God himself never strikes but he denounceth his admonitions that they might repent; as he did by Eliah to Ahah, by Jade to Jeroboam, by Jeremiah to Zedekiah, and by Daniel to Nebuchadnezzar: and in civil affaires admonition ought to precede Processe; Non autem de necessitate, sed de urbanitate, & honestate,Tholas. Synt. l. 32. c. 3. not for necessitie sake, but for civility, and honesty; so as this Impostor seems in this sudden fit to be void of all Piety, Civility, and Honesty; and like a Brain-sick Mountebanck will cut off the Limbe, before it appeares to be a Gangrene or immedicable, and lance the Impostume, which with Soveraign Salves may be cured, and Judge that a Gangrene and Impostume which is none. Yet this Impostor saith, Nemo unquam impertum flagitiis quæsitum benis artibut exercuit; never did any man Mannage the Government with Justice that got it by wicked meanes: The longer a Tyrant lives, the more the Tyrannical humor encreaseth in himself.Tac. l. 1. Hist. But this is part of Pisos speech against Otho, who was a competitor with him for the Empire; and therefore the lesse authentical: And if Flagitiis is understood by force and might, as this Impostor in this pamphlet seemes to take it, then this position is not generally true, for Julius Cæsar who gained the Empire by force, and is stiled by Victor Invasor,Vict. vita Cæs. was as he saith, iam pacis bellique artibus clarus, & imprimis clementia longe clarissimus, most famous in Peace and Warre; and especially in clemency most famous:Ib. vita Aug. And though Augustus was Dominandi susræ modum avidissimus, and by might obtained the Empire; yet for his candid Demeanor and civil Justice was he so beloved, and honored after his decease by the people, that they wished ut non nasceretur, aut non moreretus, that he had not been born, or had not died:Grot. l. 3. c. 14. besides Grotius saith, Tyrannt interdum libertatem reddiderunt; Tyrants sometimes have restored Liberty; & Tacitus himself in the same sense, Vitia erunt donec homines, sed nec hæc continua, sed interventu mesiorum pensantur; there will be Vices as long as there be men;Hist. l. 4. but these are not continual, but are recompensed by the intervening and supply of better things.
But what, saith he, would succeed, if a Tyrant should be removed? I will tell him, that cura pejor sit morbo; the cure may be more dangerous then the disease. And as his Master Mariana saith, one evil may be heaped on another; and one Impiety avenged by another: and all Historians will shew him the lamentable events of such preposterous and precipitated mutations, which many times beget effusion of blood, ruines, and sacking of Cities, and sometimes the destruction of Cities and Kingdoms. But I will rather instance in some ancient Examples then Novel, which as yet adhere in the minds and mouthes of men: it is not unknown to those who are versed in Annals, that of all the Grecians none were more renowned then the Spartans, either for the glory of Military, or severity of Civil discipline: but they when they could not endure the Dominion of Agie because it seemed to be a Tyranny; conspired against him,Cic. Tull. Offic. and openly slew him: But what were the Fruits of this unhappy Slaughter, Tully doth shew us; Ex eo tempore, from that time, saith he, the strength of the Lacedemonians did fall into divers Stormes and Tempests of adversities; and did suffer all the calamities of a miserable state. And what succeeded the Barbarous slaughter of Cæsar, but most dangerous and mortal Divisions among the chief, who being inflamed with the hope of obtaining the Empire did by their Dissentions tear the Bowels of the Commonwealth in pieces? Insomuch that the people complained, as Tacitus relateth, prope eversum orbem,Histor. etiam cum de principate certaretur; That by the Dissentions of men, concerning the principality, the whole world was turned upside down: Which Cæsar himself presaged, who being informed of some Nocturual conjurations, and meetings of some Malevolent persons, did checke and reprehend them saying and Prophecying of himself, Non tam sua quam Reipublica interesse ut salvus fieret, That it reflected not so much upon his own good, as the welfare of the Commonwealth, that he should be safe; and that for himself he had got abundance of glory: but the Commonwealth, if any such thing should happen, would not be quiet and peaceable, but in a worse condition then before.
In Plut. in Bruto.And therefore is the safety of a Tyrant more to be desired then his Slaughter, because commonly civil Warres thereupon ensue: for as Favorious, A civil Warre is worse then an unlawful Dominion; which Cicero, who could best judge of the best State of a Commonwealth, in his Epistle to Pomponius Atticus, in the time of the civil Warres writing of them, acknowledged, Ego autem usque eo enercatus sun, as malim [Editor: illegible Greek word]τυαισθαι quam cum optima spe dimicare; But I, saith he, am so out of heart and cast down that I had rather live under a Tyrant, then fight with the best of hopes. And therefore after the civil Warres were ended, and the Empire placed on Augustus,Lib. 1. Ann. the people wisely, as Tacitus writes, novis rebus aucti tuta, & præsentia quam vetera & periculosa mallent: being augmented and advanced by their new Government, did desire rather those present times which were safe, then those preterite which were dangerous. This needs no application to the condition of our State: Res ipsa loquitur.
Golden Grove. l. 3. c. 1.Besides it is observed, that according to the French Proverb, Un mal traine un auter, one evil draws on another; and commonly that one Tyrants head being cut off, three more may arise in their roome; so the people of Rome by the avoiding the Scilla of one Tyrant, to wit Silla fel headlong into the Charybdis of many Tyrants, which more perplexed them. To which purpose Valerius Maximus reporteth a pretty Story of a certain old Woman, who,L. 6. c. 3. when the Syracusians did fervently desire the end and expiration of Dionysius the Tyrant, did poure forth her Prayers for his health; and being demanded of the Tyrant (wondring at her undeserved reverence to him) for what good turn she did so: answered, that she being a Maid, and living under a grievous Tyrant, desired to be rid of him, who being slain, a more cruel Tyrant possessed the Castle, and that she also wished a period to his Dominion, which also was effected, and that then a more outragious Tyrant succeeded him: And therefore saith she, fearing that you being taken away, a worse might possesse your place, she did devote her Prayers for his safety: A grave though a Fœminine answer, which deserves to be placed among the famous Apothegmes; for it is generally observed, which also is verified in the succession of the first Roman Emperor, that the latter commonly is worse then the former.
Tiberius, as Dion. saith, was cruel, and a dissembler; and was sublated by poison, whom Caligala succeeded, an incestuous, Prodigal, and Luxurious Tyrant, and incestuous with his Sisters, whom Cherea murdered. Claudius succeeded him, who was a Slave to Messalinæ and his Servants, and was poisoned with a Mushroome; whom Galba succeeded, who was inexplebilis pecuniæ, a Slave to his Coffers; which is a most abominable vice in a Prince, who above all others ought to be magnificent; for which vilenesse he was slain by his Souldiers. Nero succeeded him, who was a detestable Monster, defiled his Mother, and after murdered her; he was condemned by the Senate; and for fear of shame executed the office of Hangman upon himself. Not long after Vitellius took upon him the Empire, who was nothing else but drunkenesse and gluttony, and of all the rest died most shamefully and miserably; Ætas parentum pejor avis, and seldome comes a better. Onely Vespasian, saith Tacitus, in melius mutatus erat, was changed into the better. I could Load you with Examples of this nature, but my Intention is not to be tedious and burthensome: But let us perpend what this Impostor saith to it: It is phrensy, saith he, and ridiculous policy, to suffer a certain misery for a contingent one, and let the disease kill us because there is danger by the cure, and ne moriare mori, and not to desire a change, when we are certain we cannot be worse: Cujus contrarium verum est, & in this case the contrary is true; for we suffer not a certain misery; and if we change, we may be worse; for we now possesse plenty and peace, which are optima rerum, the best of things; and upon the change may probably fall into civil dissentions, and have a worse Government, which is pessima rerum, the worst of things: and therefore as Cicero in the same case affirmeth, omnis pax bello civili utilior videtur: Any peace seemes more commodious then a civil Warre. And whosoever should attempt such an infernal Act, is sure to under go a certain, not a contingent misery, and no lesse then capital censure, and losse of Life; unlesse with this Impostors brave Syndercombe he prevents it with a ne moriare mori; for discovery, vengeance lies at there door; and the Lord doth never, or rarely permit such impostors to escape Divine Justice: Augustus, as Suetonius Historiseth it, non ultima quidem sortis hominum conspiratione & periculo carnit,Vita Augusti. wanted not the dangerous conspiracies of the meaner sort of men; yet were they discovered or suppressed, priusquam invalescevent, before they were of any validity, and incurred the fatal stroke of the Sword of Justice: And to come nearer the state of the question, Leonagistus,Golden Grove. l. 9. c. 1. an ancient King of the Gothes in Spain, both a Tyrant and a Arrian, pursued the true Christians, and exiled his own Son, because he was of the true Religion; whereupon this young Prince being moved at the persecution of the Christians, did twice raise Armes against his Lord and Father: At the first he was taken captive and banished, and at the second he was put to death on Easter day. So Nebuchadnezzar being a Tyrant and Persecutor of the Jews, who were then Gods people, yet because Zedekiah rebelled against him, who was then his Soveraign, was he put to flight, and he and his Sons taken Prisoners,Ann. Dom. [Editor: illegible word]. who were slain before his eyes, and himself bound in chaines, cast into Prison, and both his eyes put out, where he remained till the day of death. Two notable Examples of the effects of Gods Judgements against two Princes for rebelling against their Soveraign. More precedents to this purpose are recorded in the Volumes of preterit Stories, quam muscarum cum calctus maximè, then flies in the heat of Summer: but I Study Brevity, especially in so a clear case; how soever it is resolved in this Impostors Junto, that his Highness is to be killed; but he onely questions the manner how; some, saith he, are of a strange opinion, that it were a generous and noble Act to kill his Highness in the Field, but that pleaseth not his Spirit, knowing well that he is impar congressus Achilli, and that he is stronger in the Field then in the Court, and doth not like the hazard, blood and confusion that thereupon might ensue: but he would have him catched in a Ginne,Fol. 9. and slain by a Stratagem; for, saith he, The most Lawful way to destroy him, is the readyest; no matter whether by force or fraude.
Regis Inst. l. 1. c. 7.And by consequent, saith Mariana, no matter, if by poison, especially, saith he, the faculty of Acting by fraude being granted. And for this reason, because saith this Impostor, it may be so effected with lesse hazard, blood, and confusion, which makes no difference between open force, and private fraude, for though he be not removed by a precedent bloody War, yet a subsequent Warre may happen as dangerous and as bloody as it, as it did upon Cæsar, and Richard the seconds Slaughter; which was the cause of the greatest confusion and effusion of blood between the Houses of York and Lancaster, that ever embroyled this Nation, wherein four score of the Blood-Royal perished. As also of the losse of France, which as Philip Cominaus, Secretary to Lewis the eleventh King of France, averreth, we might have retained, had not those divisions intervened and impeded us; such are the fatal effects of the murder of Supream Magistrates, though supposed Tyrants.
Aristotle.And though it is more generous and more noble to kill the Enemy in the Field, then by fraude; and that a magnanimous man loves to speak freely and truely; and a generous mind knows not by stealth to conquer his Enemy; as Alexander, though he were Advised by Varmenio, to conquer his mighty Enemy Darius by circumvention, refused so to do, holding it more glorious, Aperto Marte, by dint of Sword to gain the Victory, because thereby the mind of the Enemy is perpetually conquered, and forced to confesse the Victory, as Claudian,
Confessos animo quoque subjug at hostes.
And which generally also was the practice of the Romans, unto the end of the second Punique Warre; yet is fraude by the stoutest and sagest Captains ranked in equal posture with strength and might, as Ulysses,
Virg. Æn. 2.——— Delus an virtus, quis in hoste requirat.
And as by Fabius Maximus,
Silius Ital.Et in virtuti placuit delus.
And according to the vulgar Verse:
Nil refert armis contingat palma, dolove.
Quest. 10. super Jos.And as Austin, it appertaineth not to the Justice of Warre, whether it be Acted by force or fraude.
And to give the Devil his due, such prudent fraude and craft is to be preferred in Martial enterprises, before force and might of hand, because as Vegetius,De re Militar. aperto Marte commune est periculum: In open fight the danger is common and equal; but Ex occulto, by a close and suddain fight, the Enemy may be either vanquished or put to flight with little losse and lesse danger; which was the cause of the Ceremony of the Lacedemoniant (who of all the Grecians were the best warriours) that they (when they overcame the Enemy by Stratageme) did sacrifice an Oxe to Mars; but when by open strength, a Cock; preferring the utility of the first before the magnanimity of the latter: And therefore Chrysostome chiefly commended those Emperors, who by fraude obtained Victories.Chrysostome l. 1. de sacerdotre. But what doth all this avail to this Impostors drift? for though such Stratagemes are approved between Prince and Prince, Captain and Captain; yet are not such violent fraudes allowable between private persons in a peaceable Commonwealth, much lesse to Subjects against their Magistrates, who are to obey Magistrates, as the Apostle Paul saith, and to be subject to Principalities and Powers; for that were cælum cum terra miscere, to confound Heaven with Earth, and make a Chaos or confusion in the Commonwealth, and therefore by all Princes condemned as Capital.
And though Empoisoning is lesse turbulent, because more occult; yet is it more excerable and detestable,Grotius de Bello l. 3. c. 4. and exploded by the Law of Nations, even in military affaires. Which Tiberius (subtil enough to do mischief) refused to Act on his terrible Enemy Arminius, of which Grotius gives the reasons; because the perils of Warre (which were frequent) should be too much extended. And that Princes (whose lives before others are defended by Armes) are lesse safe then others from poison: Yet Mariana (this Impostors Tutor) who approves the killing of Princes by poison, whom he calls Tyrants, if they do not please the Pope;De Regis Inst. l. 1. c. 7. yet alwayes with this modification, That it is better to poison a Tyrant in his chair, or in his habit, in imitation of the Moores, then to poison his drink, for fear the Tyrant may be guilty of killing himself, and that it may prejudice his Salvation.
Bourbier de la foy. Fo. 730.Certainly a great Example of charity saith Pierre du Mouline Ironically, that those Fathers should have a cure of the Soul, when they cause the Body to be slain; and yet extols the Murder of Jacobim the Monk, for killing with a poisoned Knife Henry the third King of France, saying, caso Rege,De Regis Inst. l. 1. c. 6. ingens sibi nomen fecit, That he got himself a great and excellent name by killing him; for which the Pope gave thank to God in a full Consistory, without any charitable respect to the Soul of Henry the third:Pet. Mol. b. d. f. 129. Such charitable Fathers hath this Impostor.
And though the Gothes, and the Parthians, and the Moores, did infect their Weapons with poison, and double the causes of death;De Nugis Cur. l. 1. c. 9. yet hath it alwayes been abhorred of most Christians, and especially of the ancient Brittains, as Johannes Sarisburiensis (the Disciple of Thomas Becket) writeth, Quod Britannia vento abhorruit, & in principes non novir, sed pro suis principibus invictos gladios exerecre: That Brittany abhorred from poison, and did not know to exercise their invincible Swords against their Princes, but for their Princes.Bakers Hist Q. Eliz. Reign. F. 553. And such poisoning Plots were not heard of in our Nation, until some Spaniards thinking to make Queen Elizabeth away by poison, and not daring to trust any English man in such a businesse, did treat to that purpose with Rodericke Lopes a Jew, and Physitian to the Queen, with Ferrara Loysy and other Portugals, who came into England at that time in Relation to Don Antonio, but were discovered by the Interception of their Letters, and were all condemned and executed at Tyburn,
But now he begins to rave, and like Ajax is angry without sear or wit;
——— Calido sub pectore bilis
Intumnit, quam non extinxerat Urna cicute.
Perseus sat. 5.He presageth, and truely that his senceless projects will not prevail with ingenious Auditors; and that he doth
——— Væntis persundere verba,
Vent his mind to the wind; and therefore gives over his seducing exhortations, and vomits out the Venone of his rancour and bitternesse against every one. What have we of the Nobility (saith he) but the name? The Luxury and the Vices of them. Poor Wretches, those that now carry the Title, are so far from any of their Virtues that should grace them, and indeed give them the Titles, that they have not so much as their gentrous Vices, Indignation, and Ambition.
And wherefore all this but that the Nobles are so virtuous and pious, as to submit to the good pleasure of the Almighty, and not madly (as he doth) to kick against the Prick.
What have the Ministers, saith he, or what indeed desire they of their calling, but their Titles? how do they tacke the Scriptures for flatteries, and impudently apply them to his Highness? And why this also? but that they derive his Highness Authority from the power of the Scriptures, and Minister the sincere Milk of the word, and in plain evidence of the Spirit and power, and not by the enticing Speech of mans wisdom, as he doth the contrary.
What is the City, saith he, but a great tame Beast that eates, and carries, and cares not who rides it? And this too, because they prudently and cautiously affect peace and tranquillity, and will not be rid by such a mischievous Baboon, nor driven through his instigations to rush into the Battail, like the Horse and Mule that have no understanding. And what, saith he, will not the Army fight for? what will they not fight against? what are they but Janisaries and Slaves themselves, and making all others so? But it is an old saying, that one Fool may propound more questions then twenty wise men are able to answer; but he hath here propounded many questions any Fool may answer.
What will not the Army fight for? saith he: Who knows not but they will not fight for such seditious, and turbulent Traitors as he? and who knows not what they will not fight against? not against their couragious and Victorious General; and their magnificent, and courteous Lord and Protector; and who knows not that they are not Janisaries, but their Generals Commissions and fellow Souldiers; not Slaves, but Commanders, and have freed us from Slavery; and as it is said in, the peoples late Representative, restored us to peace and tranquillity?
At the last saith he, What are the people in general, but Knaves, Fools, and Cowards, principled for ease, vice, and Slavery? But who knows not that their honosty and fidelity exceedeth that of other Nations, and that in that respect Anglorum fides, among Christians may passe for a Proverb; as anciently Artica fides did among the Grecians? And he hath forgotten what his holy Father Pope Gregory called them, Angli, quasi Angeli, for their feature, and honesty; and fools they are not, because they will not swallow this Impostors principles of knavery, which none but fools and gudgeons will? And who dares call them so, whose renowned valour is ecchoed and resounded within the circumference of France, Spain, and Germany, and are not principled in ease, vice, and slavery as he saith, but employed in noble and virtuous actions, for the glory of their Countrey?
And as for Slaves, that Tenure hath been long since exiled England, Et nanquam Libertas gratior extat, We never enjoyed more gratious Liberty; And those Epithites do more properly appertain to himself. For doth not he play the knave and fool too with the Nobles, Ministers, Citizens, Parliament, People, and with the Counsel? yea, the Protector himself almost in every passage of this pamphlet?
And who will not judge him a Fool, whose peevish conceits end in his own destruction, which questionless will fall on his petulant noddle? Et Sapiens incipit a fine, And a Wise man begins from the end. And a Coward certainly he is, and dares not appear in the open field,Virgil. Æneid. though a professed Souldier,
——— Et larga est issi copia fandi
Tunc eum bella manus poseunt.
And it bragging and prating when he should be fighting.
Syndercombe is the onely Patriot, he deems worthy of his Elogies, who he saith, hath shewed as great a mind, as any Old Rome could boast of; and had be lived there, his name had been registred with Brutus and Cassius, and had had his statue aswell as they; and so he might; for Brutus and Cassius had no statues erected to them in Rome; And if they had not fled from Rome, the people had served them as they did Cæsar, so much they abhorred his barbarous murder; But on the contrary, besides statues, the people erected a Columne of the purest stone, almost of twenty foot long to Cæsar, and placed it in the Market-place, in which was engraven Pater Patriæ. And also erected a Temple to him in common with the Goddesse of Clemency, and conferred many Divine honors on him. But all the honour that Brutus and Cassius gained, was their miserable self-murder, and rather for the same merited a stake knocked in their graves, then statue in the temple, with his desperate Syndercomb, who instead of taking away his stake from his grave (which this Impostor would have) deserveth to have his head fasined to the top of a long pole, and set on the top of Newgate according to the English custome, as an ensign of his traiterous intention, and spectacle of infamy, which is the onely statue or monument this Impostor must expect for him. Yet do I not much wonder why he is so profuse and excessive in his commendations, when I observe that he chiefly praiseth him, for that neither bribes nor terrors could make him betray his Friends, whereof he may be supposed to be one, and that Mulus Mulum scabit, One Knave clawes another.
And at the last I cannot but observe that this Impostor in three passages of this pamphlet, hath been tampering with the Army to perswade them-against his Highness, and hath excogitated an irrefragable reason, as he suppeseth, whereby to effect it [Editor: illegible word] ’Tis a Rule saith he, that Tyrants observe when they are in power, never to make use of them that help them to it. And indeed, saith he, it is their interest and security not to do it: for those that have been the Authors of their greatness being conscious of their many merits, they are bold with the Tyrant, and lesse industrious to please him; They think all they can do for them is their due, and still they expect more; and when they fail in their expectations, as it is impossible to satisfie them, their disappointments make them discontented, and their discontents dangerous.
His Rule is experimentally false; for Princes whom he stiles Tyrants, when they are is power make use of those, and prefer them that helped them to it, until they grow insolent in their demands, and offensive in their discontents.
Victor Vita Nervæ.But true it is, that it is a most difficult thing to please and satisfie those that advanced him, and lecture them from discontent, which made Nerva to complain, after he had taken upon him the Empire, that he was not onely subject to many vexations and perils, but to the censure not onely of his Enemies, but of his Friends: Qui cum mereve omnia præsumant, si quiequam non extorseriat, atrociores sunt ipfic quoque [Editor: illegible word], Who when they presume to merit all things, if they cannot extort what they desire, are more bitter and dangerous then their Enemies themselves.
And therefore is every Prince and Emperour between Scylla and Charibdis, two dangerous Rocks, to wit, their enemies and their Friends. And though by their Friends influence they keep their Enemies in aw; yet many times their deserts make them to forget themselves, and in a most dangerous manner to oppose their Princes, if they correspond not with their peremptory votes which hath Moved Princes sometimes to lessen their power, and other times severely to punish them According to the degree of the contempt;Bak. Hen. 7. of which a rare Example we have in the uncivil deportment of Sir William Steanley towards Henry the Seventh, who at the Battail of Bosworth, came in to rescue him, when he was in danger to be slain by Richard the Third, and afterwards did set the Crown on his head, which was found among the spoils; for which Noble Act he promoted him to be one of the Privy Councel, & Lord Chamberlain of his Houshold, and gave him the Ample Spoils of the Victory, and otherwise abundantly rewarded him, insomuch as at his death were found in his Castle in ready money Forty thousand Marks besides Plate and Jewels:Bacon. Hen. 7. Yet because Henry the Seveth refused to grant him one inconvenient boon (to wit) to be Earl of Chester (which was an Appennage to the Principality of Wales, and an honour appropriate onely to the Kings Son) he fell into a mischievous discontent, and began to incline to Perkins, and as some say, to aid him with mony; but certainly to prefer the Title of York before that of Lancaster, which appeared by his own confession, in saying that if he certainly knew that Perkins was the son of Edward the fourth, he would never fight, nor bear arms against him, for which words he was arraigned, condemned,Bak. Hen. 7. and beheaded; and all his former merits buried in the grave of this conditional treason: and in this sense, is that true that the Impostor saith, that a Prince will never trust those he hath provoked, and fears, and will be sure to keep him down, least he should pluck him down.
And in such cases a Prince is not at liberty to shew mercy as a private man may; for a Prince,Coke l. 5. f. 124. as Sir Edward Coke, is Caput & salus Reipublice, the head and safety of the Commonwealth. And as from the head health is conveyed to every part of the body, so from the Prince safety is conveyed to every part of the Common-wealth, and every private person hath interest in the safety of the Prince, because his safety is their safety; and therefore a Prince ought not freely and absolutely to shew mercy to such traiterons malefactours, because the Commonwealth is intercessed in it.
Et pereat unus ne pereant omnes. It is better that one perish, then all suffer; And a Prince (to use that Impostors allusion) may use such friends (who abuse their trust, and conspire against him, and are not onely useless, but obnoxious to the Commonwealth,) as Dionysius did, hang them up like Bottles, and not incurre the rule of a Tyrant, but be adjudged a wise Prince, as Henry the seventh was.
But now this Impostor is acting the last Scene of his interlude, and as in a Tragedie, in the beginning or Protasit, he was very pleasant, so now in the Catastrophe he is very rigid, and threatens nothing but death. ——Intentant omnia mortem. And verily all his passages would better become a Scenical Stage, then a Princely Court, wherein he layes his bloody Scene, and like an imposthumed stomack vomits nothing but blood. Though brave Syndercombes great spirit saith he, be suppressed, yet there are a great rowl behind even of those, which are in his own muster-rowls, that are ambitious of the names of Deliverers of their Countrey, and do know what the action is that will purchase it. Which they all know to the contrary,See the Humble Advise fol. 2. that his Highness eminently, and the Officers and Souldiers of the Army subordinately, have (under God) been the Deliverers of their Country, and Restorers of our Peace and Tranquillity, whose faithfulness to the Commonwealth, the late Parliament gratefully and publikely acknowledged, and that they shall put a just value thereupon, to their general satisfaction. In vain therefore doth this Impostor go about to fright his Highness with a supposition of their infidelity, whose constancy as a rock is irremoveable,Auso. and with one voice averre.
Nec feret isla dies ut commutemur in æus.
And further with a bug-bear he thinks to fright his Highness as others do Children: His Bed, his Table saith he, is not secure: and he stands in need of other Guardes to defend him against his own. But those are but Figmenta & terriculamenta puerorum, Feigned and childish scarre-crowes,Ju. and are above credulity.
Nec pueri credunt, nisi qui nondum are lavantur.
For he who hath the wisedom to win the affections of a potent Army, cannot want the purdence to gain the love of his own Family, which as Cleobolus, is the best Oeconomy to govern by love, not fear,Macrob Sar. 1. s. c. 11. as his Highness doth, who as a greater Pater familias as Macrobius adviseth, useth his Followers as Familiars, and not as Servants, but as Fellow-servants.
Beisius de Nat. Ep. ad Max.And also his Highness Court is by his Virtuous and Religious Example formed and fashioned into such a pious and civil frame, as the Emperor Maximilian was, that no Christian family can be better instituted, and instructed; and therefore his Followers cannot be inscious, 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?
Patric. de Princip. Tit. 20.As we read of Publius Servilius, 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.
Patric. de Princip. Tit. 20.And so Sylla the Daughter of Nysus, who inflamed with the love of Minois, 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.
Dion. l. 60.And so it is also related of Claudius, that before he had gotten the Empire, he was assured it by Cassius, Cheræa, and Lapys, who slew Caligula, yet after he had possessed it, 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 Cheræa 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?
Niceph. l. 14. c. 16.And if Philip of Macedon, 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 Stres 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 Urbinus,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 Death and Destruction pursues him wheresoever be goes; they follow him everywhere.Job. 20. 24. 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 fall, and they shall not escape, their hope shall be at the giving up the ghost. And so I fear it will be with him, for before the giving up the ghost he will never repent, or be good.Job 10. 21.
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;Horat. Ep. yea many shall make suite unto thee.
———Rex eris, ajunt,
Si rectè facios; 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,——Ut mote ad Lunam Trapidabit arundinis umbram. That he is afraid that every shadow is a Messenger: And that he shall not escape the hand of Justice.Horat. l. 1. Ep. 10. And though the Monster lurk in Catos 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.
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.