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to all other creatures for their preservation from injury? I answer: Self…defence is a part of the law of nature; nor can it be denied the community; even against the king himself: but to revenge themselves upon him; must by no means be allowed them; it being not agreeable to that law。 Wherefore if the king shall shew an hatred; not only to some particular persons; but sets himself against the body of the common…wealth; whereof he is the head; and shall; with intolerable ill usage; cruelly tyrannize over the u7hole; or a considerable part of the people; in this case the people have a right to resist and defend themselves from injury: but it must be with this caution; that they only defend themselves; but do not attack their prince: they may repair the damages received; but must not for any provocation exceed the bounds of due reverence and respect。 They may repulse the present attempt; but must not revenge past violences: for it is natural for us to defend life and limb; but that an inferior should punish a superior; is against nature。 The mischief which is designed them; the people may prevent before it be done; but when it is done; they must not revenge it on the king; though author of the villany。 This therefore is the privilege of the people in general; above what any private person hath; that particular men are allowed by our adversaries themselves (Buchanan only excepted) to have no other remedy but patience; but the body of the people may with respect resist intolerable tyranny; for when it is but moderate; they ought to endure it。 Sec。 234。 Thus far that great advocate of monarchical power allows of resistance。 Sec。 235。 It is true; he has annexed two limitations to it; to no purpose: First; He says; it must be with reverence。 Secondly; It must be without retribution; or punishment; and the reason he gives is; because an inferior cannot punish a superior。 First; How to resist force without striking again; or how to strike with reverence; will need some skill to make intelligible。 He that shall oppose an assault only with a shield to receive the blows; or in any more respectful posture; without a sword in his hand; to abate the confidence and force of the assailant; will quickly be at an end of his resistance; and will find such a defence serve only to draw on himself the worse usage。 This is as ridiculous a way of resisting; as juvenal thought it of fighting; ubi tu pulsas; ego vapulo tantum。 And the success of the combat will be unavoidably the same he there describes it:
… Libertas pauperis haec est: Pulsatus rogat; & pugnis concisus; adorat; Ut liceat paucis cum dentibus inde reverti。
This will always be the event of such an imaginary resistance; where men may not strike again。 He therefore who may resist; must be allowed to strike。 And then let our author; or any body
else; join a knock on the head; or a cut on the face; with as much reverence and respect as he thinks fit。 He that can reconcile blows and reverence; may; for aught I know; desire for his pains; a civil; respectful cudgeling where…ever he can meet with it。 Secondly; As to his second; An inferior cannot punish a superior; that is true; generally speaking; whilst he is his superior。 But to resist force with force; being the state of war that levels the parties; cancels all former relation of reverence; respect; and superiority: and then the odds that remains; is; that he; who opposes the unjust agressor; has this superiority over him; that he has a right; when he prevails; to punish the offender; both for the breach of the peace; and all the evils that followed upon it。 Barclay therefore; in another place; more coherently to himself; denies it to be lawful to resist a king in any case。 But he there assigns two cases; whereby a king may un…king himself。 His words are; Quid ergo; nulline casus incidere possunt quibus populo sese erigere atque in regem impotentius dominantem arma capere & invadere jure suo suaque authoritate liceat? Nulli certe quamdiu rex manet。 Semper enim ex divinis id obstat; Regem honorificato; & qui potestati resistit; Dei ordinationi resisit: non alias igitur in eum populo potestas est quam si id committat propter quod ipso jure rex esse desinat。 Tunc enim se ipse principatu exuit atque in privatis constituit liber: hoc modo populus & superior efficitur; reverso ad eum sc。 jure illo quod ante regem inauguratum in interregno habuit。 At sunt paucorum generum commissa ejusmodi quae hunc effectum pariunt。 At ego cum plurima animo perlustrem; duo tantum invenio; duos; inquam; casus quibus rex ipso facto ex rege non regem se facit & omni honore & dignitate regali atque in subditos potestate destituit; quorum etiam meminit Winzerus。 Horum unus est; Si regnum disperdat; quemadmodum de Nerone fertur; quod is nempe senatum populumque Romanum; atque adeo urbem ipsam ferro flammaque vastare; ac novas sibi sedes quaerere decrevisset。 Et de Caligula; quod palam denunciarit se neque civem neque principem senatui amplius fore; inque animo habuerit interempto utriusque ordinis electissimo quoque Alexandriam commigrare; ac ut populum uno ictu interimeret; unam ei cervicem optavit。 Talia cum rex aliquis meditator & molitur serio; omnem regnandi curam & animum ilico abjicit; ac proinde imperium in subditos amittit; ut dominus servi pro derelicto habiti dominium。 Sec。 236。 Alter casus est; Si rex in alicujus clientelam se contulit; ac regnum quod liberum a majoribus & populo traditum accepit; alienae ditioni mancipavit。 Nam tunc quamvis forte non ea mente id agit populo plane ut incommodet: tamen quia quod praecipuum est regiae dignitatis amifit; ut summus scilicet in regno secundum Deum sit; & solo Deo inferior; atque populum etiam totum ignorantem vel invitum; cujus libertatem sartam & tectam conservare debuit; in alterius gentis ditionem & potestatem dedidit; hac velut quadam regni ab alienatione effecit; ut nec quod ipse in regno imperium habuit retineat; nec in eum cui collatum voluit; juris quicquam transferat; atque ita eo facto liberum jam & suae potestatis populum relinquit; cujus rei exemplum unum annales Scotici suppeditant。 Barclay contra Monarchom。 1。 iii。 c。 16。
Which in English runs thus:
Sec。 237。 What then; can there no case happen wherein the people may of right; and by their own authority; help themselves; take arms; and set upon their king; imperiously domineering over them? None at all; whilst he remains a king。 Honour the king; and he that resists the power; resists the ordinance of God; are divine oracles that will never permit it; The people therefore can never come by a power over him; unless he does something that
makes him cease to be a king: for then he divests himself of his crown and dignity; and returns to the state of a private man; and the people become free and superior; the power which they had in the interregnum; before they crowned him king; devolving to them again。 But there are but few miscarriages which bring the matter to this state。 After considering it well on all sides; I can find but two。 Two cases there are; I say; whereby a king; ipso facto; becomes no king; and loses all power and regal authority over his people; which are also taken notice of by Winzerus。 The first is; If he endeavour to overturn the government; that is; if he have a purpose and design to ruin the kingdom and commonwealth; as it is recorded of Nero; that he resolved to cut off the senate and people of Rome; lay the city waste with fire and sword; and then remove to some other place。 And of Caligula; that he openly declared; that he would be no longer a head to the people or senate; and that he had it in his thoughts to cut off the worthiest men of both ranks; and then retire to Alexandria: and he wisht that the people had but one neck; that he might dispatch them all at a blow; Such designs as these; when any king harbours in his thoughts; and seriously promotes; he immediately gives up all care and thought of the common…wealth; and consequently forfeits the power of governing his subjects; as a master does the dominion over his slaves whom he hath abandoned。 Sec。 238。 The other case is; When a king makes himself the dependent of another; and subjects his kingdom which his ancestors left him; and the people put free into his hands; to the dominion of another: for however perhaps it may not be his intention to prejudice the people; yet because he has hereby lost the principal part of regal dignity; viz。 to be next and immediately under God; supreme in his kingdom; and also because he betrayed or forced his people; whose liberty he ought to have carefully preserved; into the power and dominion of a foreign nation。 By this; as。 it were; alienation of his kingdom; he himself loses the power he had in it before; without transferring any the least right to those on whom he would have bestowed it; and so by this act sets the people free; and leaves them at their own disposal。 One example of this is to be found in the Scotch Annals。 Sec。 239。 In these cases Barclay; the great champio