A Civil Nosegay, Part 10
¶ Whether it is lefull for priuat perſons to kyll tyrantes, that is cruell offecers.
YF a tyrane be a priuate man inuadyng the Empyre by ſedycion and rather, then the Empyre ſhuld be deſtroyed they whithe with laufull Mageſtrates do agre may pryuatly kyll hym, as a thefe, yf he be taken in the faute ordede, that is doyng or workyng any thyng, ſturrynge the people or makyng aſſaute on any perſons. Thus any priuate parſon laufully myght kyll Catylyne, ſedycyon Ca… ne fuluiꝰones ſturred, euen alſo as Fuluiꝰ dyd kyll his ſone taken agayne after he fled away, and the lawes do agre, that a man may kyll his father, that hath cōmitted agaynſt the cōmen wele. Secondarely if a tyrane be in a mageſtracy auctorite or office, and Cruelly and notoriuſly doth iniury to the ſubiectes, defence is graunted to them / incontinently as well in priuat perell, as in a beſynes towchynge or pertayning to the cōmen wele, as Helue… ons.in the hyſtorye of the Heluetions, magſtrates cōmaūded the citeſyn to producke his ſone, and a darte to be directed to him of his father caſtyng it, alſo the tribune of ſogiers in the hoſte of Caius Marius was killed of a yong man, to whō the tribune was doynge hurt and violence, and the lawes in the pandictes do agre to kyll the conſulle that was taken in adultery. And in lyke caſe yf any be made enemyes, they be laufully excuſed althoughe incōtiuētly, thei aueuge their notorius iniuries, as harpagꝰ accerſed Cirius agaynſt Aſtiagen / Harpagus Cirius.who gaue to hym his Sone to beeaten.
¶ Alſo when the Tyrane dyd commaunde Vnicencias a Certayne Cytyzen, that he ſhoulde ſende to Vnicencias.hym his Doughter / whiche to do after ye Citizen had refuſed, the tyrane ſendeth his Seruaunt, who be violence brought here away in the mornyng beyng rauiſhed and deflowryd, he ſendeth here agayn and cut in .ij.
¶ The father after he had delyberate the matter with his frendes ſendeth the deade body beynge ſo cut, to the ſenate venecius / and to hym promiſeth dedicion of the cyte, Dedicion.thus the Tyrane is opreſſed, to this, Cytyzſen, in a natorius iniury and ſo cruell at all tymes is laufull for a man to be made an enemy to a tiraunt be the lawe of the people. Thyrdly, yf ye iniury be not notorius ryghtly do the lerned mē Not notorius.in the lawe ſay, that the not doynge of iuſtice of y• mageſtratꝭ ought to be tollerated & ſuffred, becauſe the auctorite of thynges Iudged may remayne, for priuat perſons ought not to dyſſolue the ſtate of the cōmenwele, nor to inuade empiers, according to that ſayeng, he that reſiſteth a mageſtrat reſiſteth Gods ordenaūce, wherfore Caius Ceſar is not laufully kylled, who Caius Ceſa…becauſe I wyll not ſpeake of the cauſe of battell, yet he occupied a mageſtracie & that gyuen to hym be the lawes and cōſent of the people, neyther he toke awaye fro the cōmen wele lawes nor iudgementes, he made no ſlaughter in the citie as other conquerours of Cyuill wars dyd, neyther he dyd any notoryus or cruell iniuries to the Cytizins preuely or openly, but he reſtored the enemys reuocated to there olde & priſtin dygnyte, wherfore it was vnlaufull for him to be kylled, for as I hauehave ſayde before, iniuries not notorius ought to be forgyuen to mageſtrates, as Iaſon Iaſon Phere▪Phereus ſayth, that he which in a ſume doth loke to Iuſtice, do admit in the meane whyle many vnlaufull thynges in lyghter matters, which oughte to be forgyuen to hym, that defendeth the cheffeſt and chife parte of the Empiere & conſerueth the forme and ſhape of the commen wele, Iudgementes and Lawes.
FOr a mageſtrat is as the very lawe for the lawe doth not cō maunde The mageſtrate and the lawe be felowesonelyonly of defencion of the body or thinges, but it cōmaūdeth fyrſt of the glory of god and dyſcyplyne, as Paule ſayth the lawe is ordeined to coa…cte a ponyſhe vniuſt perſons and blaſphemors.
¶ Therfore we oughte to thynke the mageſtrat and the lawe to be felowes one or equal. and the principall fyne or cōcluſiō of the mageſtrat to be the conſernuacion and keping of the lawe. &c. The mageſtrat The mageſtrat do punyſhe he retykes.which bereth y• ſword ought to prohibit alſo hereſes .i. wycked & vngodly techinges & puniſhe he retykes, that is auctors of euyll & wycked tecahinges, but in obſcure thynges the cognicion of the churche goeth before, & thus properly the mageſtrat ſeruith the glory of god, & his fūction is y• worſhyppinge of god whē he ſtudieth to defēd to propage & ornate true lernyng & cōtrary weſe to prohibit wicked teachynges, who that doth thus dothe his principall office whiche properly perteineth to the glory of God / whiche properly deſerueth that title wherwith mageſtrates be to garnyſſhed in the ſalme. I ſayd ye be Gods, as who ſayth becauſe they hauehave their office deuinly conſtituted & ordenid. And they ought to gyue to men deuine thinges, relygyon, Iuſtice, dyſcyplyne peace and ſuche other.
¶ And for this cauſe they be called Mageſtrat be Nurſes to the church….of Eſaias? Nurſes of the churche becauſe they ought to noryſhe and to defende Godly teachers.
¶ And they ought not to exercyſe cruelnes on Chriſtan men nor lawes contrary to deuine or natural ought not to be obſerued.
¶ The Eccleſiaſticall power / is The eccleſiaſticall power.the deuine commaundement? in teachyng the Goſpell adminiſtra the Sacramentes / ordaynynge the mynyſters of the Goſpell annuncyatynge remyſſyon of Synnes to Euerye bodye / or to many Conſtytutynge Iudgemedtes of doctrynes. And thoſe that be conuerſaunt in manyfeſt delictes: to excomunicate by the worde with out corporall ſtrength, here therfore briuely I do anſwere of Bonifacis conſtitucion that be the diuine The cō ſtituciō of bonefacis.lawe the Apoſtels or theyr ſucceſſors hauehave not the ſworde, that is a right to coract by corporal ſtrēgth for they neyther hauehave ryght to occupy nor to cōfarre kyngdomes of the world, many teſtimonies may be gathered heare of the Euangelyſt. Chriſt ſayth my kyngdome is not of this world, alſo the kynges of the gentyles hauehave dominion of them, but you hauehave not ſo, he diſerneth heare .ij. powers. He graunteth to kynges that they bere the rule and dominion, he graunteth not to the apoſtles that they hauehave dominiō or bere rule, that is that they hauehave dominion, or bece rule / The w… pone o… the eccleſiaſtiall power.that is / that they vſe corporall ſtrength becauſe of theyr Mynyſtery. And Paule ſaythe the weapons of our warrynge be nor carnall. Chriſoſtome in the ſeconde Oracion of the dygnyties of priſtes dyſcerneth Mageſtrates to be Prophane and Epyſtopall.
¶ To the Prophane Mageſtrates he Prophane mageſtrates and epyſtopall.gyueth ryght to coarcte by corporall ſtrengthe. But he denyeth Byſſhoppes to hauehave that power. But as to other Chriſtians ſo alſo to Byſſhoppes or Paſtors of the Churche, is lefull to holde and kepe theyr owne ryches, and other gyftes, becauſe theſe thynges be polytycallye graunted to Chriſtians, ſo it is laufull to Byſſhoppes to holde & kepe theyr iuriſdiccion geuen in ſuer gooddes, whiche is a Ciuill thynge, nothynge partaynyng to the proper offyce of a Byſſhoppe. As the arte of weuyng in Paule dyd nothynge pertayne to the gyfte or offyce of a Poſtle, and yet Paule myghte be both a Poſtle and a wener.
¶ But let Byſſhoppes take hede The churche to kepe there ryches.and ſe les becauſe of theyr ryches they be abduced from the office of teachynge and gouernynge the Churche, and lokyng on the Doctrine of theym one whome they hauehave Rule.
¶ The Emperoure dyd cōmaunde Ambroſe.Ambroſe that he ſhoulde gyue his Temple to the Arrians, but Ambroſe dyd not obey, for it was not lefull to obey a commaundement of wicked and vngodly thinges, and the Emperoure oughte not to take awaye a laufull ordenaunce from the Churche, nor to make a wycked teacher to beare the rule of the Churche. Ambroſe was laufully ordayned / and dyd Laufull ordaynnaunce.teache well.
¶ For a laufull ordenaunte dothe contayne a vocacion or eleccion whiche is made of the people or of then to whom the people dothe cōmit that thynge and the approbacion of come Byſſhoppes. Further to Byſſhoppes dothe partayne to conſtitute Iudgementes of learnynges, and to conuocate ſynodes as the olde conſtitucion was, that eueryevery Byſſhoppe, ſhoulde twyſe Biſſhoppes to hauehave twy…e eueryevery yeare theyr ſynodeseueryevery yere, hauehave ſynodes of theyr Churches, and the Apoſtles had theyr ſynodes, and when Paule Samoſathen dyd ſow wicked and vngodly teachynges the Byſſhops next adioynynge came together to Antioche, and the churche of Antioche adhybytyd they damned the Byſſhop.
¶ But as it is ſayde before in contrauerſis of lernyng Byſſhoppes ought not onelyonly to Iudge but mete The iugemente oughte to be of the churche.and apte men ought to be electe and choſen of the whole bodye of the Churche, becauſe the chyfe Iudgement oughte to be of the Churche, that is, not onelyonly of Byſſhoppes. Therfore for this verye cauſe that the auethoryte of the Churche is the bygger, when Biſſhoppes do not theyr office, ought Emperoures and Kynges conu… cate ſynodes, euen alſo as conſtantyne Emperours & kynges ought to conuacate ſynodes.dyd cōmaunde certayne ſynodes, and cōmaundeth that thoſe whiche would not come to the ſynodes, ſhoulde hauehave taken from them theyr Byſſhoppryckes.
¶ Thus farre I hauehave ſpoken of the deuerſite of eyther power.
¶ And although we hauehave dyſtynquid the powers yet it may be animaduerted y• y• ciuill power oughte Euerye maſter of an houſe in a mynyſter of y• churchs.to ſerue the churche becauſe of diſcipline, euē as eueryevery mageſtrate of an houſe is a miniſter & anexecuture of the church in his famely, we ought all obey the mynyſter of the worde, ſo the mageſtrate is the mynyſter and executure of the Churche in the cōmen wele, and he alſo oughte to obey the myniſtery of the worde and that to worſhyp as a deuyne thynge, accordynge to that ſayeng open you your gates you princes. &c.
¶ Thus endeth the Ciuill noſgaye.
¶ Imprynted by me Robart Wyer, for Ihon goodale.
End of the text · Philipp Melanchthon, A Civil Nosegay (1550)