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.
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