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uthoritate 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 champion of absolute monarchy; is forced to allow; that a king may be resisted; and ceases to be a king。 That is; in short; not to multiply cases; in whatsoever he has no authority; there he is no king; and may be resisted: for wheresoever the authority ceases; the king ceases too; and becomes like other men who have no authority。 And these two cases he instances in; differ little from those above mentioned; to be destructive to governments; only that he has omitted the principle from which his doctrine flows: and that is; the breach of trust; in not preserving the form of government agreed on; and in not intending the end of government itself; which is the public good and preservation of property。 When a king has dethroned himself; and put himself in a state of war with his people; what shall hinder them from prosecuting him who is no king; as they would any other man; who has put himself into a state of war with them; Barclay; and those of his opinion; would do well to tell us。 This farther I desire may be taken notice of out of Barclay; that he says; The mischief that is designed them; the people may prevent before it be clone: whereby he allows resistance when tyranny is but in design。 Such designs as these (says he) when any king harbours in his thoughts and seriously promotes; he immediately gives up all care and thought of the common…wealth; so that; according to him; the neglect of the public good is to be taken as an evidence of such design; or at least for a sufficient cause of resistance。 And the reason of all; he gives in these words; Because he betrayed or forced his people; whose liberty he ought carefully to have preserved。 What he adds; into the power and dominion of a
foreign nation; signifies nothing; the fault and forfeiture lying in the loss of their liberty; which he ought to have preserved; and not in any distinction of the persons to whose dominion they were subjected。 The peoples right is equally invaded; and their liberty lost; whether they are made sla