Excavations


... nothing is more essential to public interest than the preservation of public liberty.

- David Hume



Tuesday, January 17, 2012

A Defence of Liberty against Tyrants, or "Vindiciae, Contra Tyrannos" (1579): Sixteenth-Century Calvinist Resistance Theory


Vindiciae, Contra Tyrannos was an infamous French Calvinist (or Huguenot) work of resistance theory published in 1579 during the period of that nation’s Wars of Religion.  It was printed pseudonymously (supposedly in Edinburgh, but truly in Basel) and the authorship is something of a mystery, though it was likely the collaborative work of Hubert Languet (1518-1581) and Philippe de Mornay (1549-1623), thus putting it in the same league as the Catholic resistance text On Voluntary Servitude (see my blog entry), as they each attempt to make a defence of society.
   
Vindiciae, Contra Tyrannos is significant for presenting an argument against the secularized theory of politics espoused by Machiavelli (1469-1527), who likens the ideal prince to “the fox and the lion,” and it speaks instead of the “firm bond of human society” and of “an alliance or covenant between the King and the People”.[1]  Essentially put, there exists a contract between the king and his subjects (each of whom were beholden to God), with mutual obligations, and if the king breaks his promises, the people are released from their promises of obligation to the king.[2]

The work was translated by William Walker from the original Latin and French in 1648 a year before King Charles I of England lost his head. It reappeared again in 1689 on the occasion of the “Glorious Revolution”, when the Catholic (and French-supported) Stuart Monarchies finally came to an end, ushering in William of Orange from Protestant Holland who conquered England, albeit peacefully (starting on Guy Fawkes Day) and who shared the Crown with his wife Mary, or perhaps vice-versa.
   
The Revolution of 1688-89 has typically been seen as a “conservative revolution” where quintessential English exceptionalism found its day, satisfying everyone (except James II, who fled the country) thus preserving “ancient liberties”.  The American academic Steve Pinkus has produced a very recent work arguing against this 300-year consensus,  suggesting instead that it was the “first modern revolution.”[3] The fact that Vindiciae, Contra Tyrannos flourished - and was, on occasion, burned - in seventeen-century England indicates that there were significant popular elements to the political events.  We need look no further than John Locke’s Two Treatise of Government, which makes a case for popular sovereignty - mixed with “property” rights - and was written at least half a decade before the Revolution, to help substantiate this claim, but that is another topic for discussion.

The modern-day English translation of Vindiciae, Contra Tyrannos by George Garnett of Oxford University is recommended reading for those interested in the history of political thought, but to whet the appetite here is the text as it would have appeared in 1648, and as it did appear - reprinted - in 1689, with only with some minor changes in spelling and expression for the sake of today’s audience.  The early-modern English is retained for its flavour, and I invite the reader to sift through the writing, for there are various commonalities with Canada today.  Assuredly, looking abroad, there are resonances with the Arab Spring.  And the current pressing question is: whither Syria?

Parenthetically-speaking, there are some worthy historical nuggets in the excerpts, too, for the devoted antiquarian.  For example, it helps explain why the Death Warrant of King Charles I stipulated a “severing of his head from his body”.[4]  Clearly the executioners were not content with any ordinary hanging: the selection below suggests that the head represented the soul (which the King’s People followed via the law), so the soul must be severed from the body.   And as Francis Bacon (1561-1626) points out (perhaps a little presumptuously) in The Essays: “the most vital parts are not the quickest of sense”.[5]  In other words, the advances of science revealed other important organs in the body, lending itself to a far less hierarchical (and possibly more headless, yet oftentimes individualistic) development in modern history.

And there are plums here for those interested in linking Stephen Harper to notions of tyranny.  The London School of Economics political thinker Harold Laski, who late in his career taught Pierre Trudeau, published a reprint of Vindiciae, Contra Tyrannos in 1924 – and both these once-towering intellects would likely see much need for “reform” today.  The section below “Who may be called Tyrants?” is especially fruitful, and reference to the Pharaohs is suggestive of a connection between tyranny and national monument building on grandiose scales.  The Egyptian Pyramids, the German Autobahn, and the Great Wall of China can all be compared to another huge construction (or, rather, destruction) project: the Alberta Tar Sands, which are comparable in size to the state of Florida, if you can ignore the massive pipeline plans, as well, spreading south and west, and possibly east.
   
For further credence to the idea that Canada is promoting construction on the scale of the pyramids, let us consider the Song of the Harper (or “Harper’s Song” as it is also known): actual poetry found in Ancient Egyptian tombs by that name, usually depicted by a blind man playing a harp for the dead.  In other words, there may be something of an ancient Egyptian in Harper’s blood, which explains why he tended to side against the people of Cairo and with autocracy at the time of its Tahrir moment.

Vindiciae, Contra Tyrannos was divided into four chapter questions listed below, the most interesting of which was Question 3, discussed here.

Questions discussed in this Treatise

Whether Subjects are bound and ought to obey Princes, if they command that which is against the Law of God.

Whether it be lawful to resist a Prince which doth infringe the Law of God, or ruin the Church, by whom, how, and how far it is lawful.

Whether it be lawful to resist a Prince which doth oppress or ruin a public state, and how far such resistance may be extended, by whom, how, and by what Right, or Law it is permitted.

Whether neighbour Princes or States may be, or bound by Law, to give succours to the Subjects of other Princes, afflicted for the Cause of true Religion, or oppressed by manifest Tyranny.


THE THIRD QUESTION

 Whether it is lawful to resist a Prince which doth oppress or ruin a public state, and how far such resistance may be extended, by whom, how, and by what Right, or Law it is permitted.

The whole Body of the People is above the King.

No truly, but it is said in regard of all the People, whom the business principally concerns, who lend to the King for the good of the Common-wealth, their Eyes, their Ears, their Means, their Faculties.  Let the People forsake the King, he presently falls to the Ground, although before his Hearing and Sight seemed most excellent, and that he was strong and in the best Disposition that might be; yea, that he seemed to triumph in all significance, yet in an instant he will become most vile and contemptible, to be brief, instead of the Divine Honours wherewith all men adore him, he shall be compelled to be a Pedant and whip children in the school at Corinth. Take away but the Basis to this Giant, and like the Rhodian Colossus, he presently tumbles on the ground and falls into pieces.  Seeing then that the King is established in this degree by the People, and for their Sake, and that he cannot subsist without them, who can think it strange then for us to conclude, that the People are above the King?[6]

Wherefore Kings were created.

Therefore then to govern is nothing else but to provide for; These proper ends of commanding, being for the peoples Commodity; the only Duty of Kings and Emperors is to provide for the peoples’ Good.  The Kingly Dignity to speak properly is not a Title of Honour but a weighty and burdensome Office; It is not a discharge or vacation from affairs, to run a licentious course of liberty, but a charge and vocation to all industrious Employments, for the service of the Common-wealth; the which has some glimpse of honour in it, because in those first and Golden Ages, no man would have tasted of such continual troubles, if they had not been sweetened with some relish of honour; insomuch, as there was nothing more true, then that which was commonly said in those times.  If every man knew with what turmoil and troubles the Royal Wreath was wrapped withal, no man would vouchsafe to take it up, although it lay at his feet.

When therefore that these Words of mine and thine entered in the World, and that differences fell among fellow Citizens, touching the propriety of Goods, and Wars amongst Neighbouring People about the right of their Confines, the People bethought themselves to have recourse to someone, who both could and should take order that the Poor were not oppressed by the Rich, nor the Patriots wronged by Strangers.[7]

Whether Kings be above the Law

 … wherefore there is nothing which exempts the King from obedience which he owes to the Law, which he ought to acknowledge as his Lady and Mistress.[8]
 
…the law is the soul of a good king, it gives him motion, sense and life.  The King is the Organ and as it were the body by which the law displays her forces, exercises her function, and expresses her conceptions; now it is a thing much more reasonable  to obey the soul, than the body; the law is the wisdom of diverse sages, recollected in a few words, but many see more clear and further than one alone: it is much better to follow the Law than any one man’s opinion be he never so acute, the law is reason and wisdom itself, free from all perturbation, not subject to be moved with Choler, Ambition, Hate, or acceptances of Persons; Entreaties nor threats cannot make to bow or bend; on the contrary, a man though endowed with reason suffers himself to be lead and transported with anger, desire of revenge, and other Passions which perplex him in such sort, that he looses his understanding, because being composed of reason and disordered affections, he cannot so contain himself, but sometimes his passions become his Master[9]

If the Prince may make new Laws?

What then? Shall it not be lawful for a Prince to make new Laws and abrogate the old?  Seeing it belongs to the King, not only to advise that nothing be done against, nor to defraud the Laws but also that nothing be wanting in them, nor anything too much in them; briefly that neither Age nor Lapse of time do abolish or entomb them; if there be anything to abridge, to be added or taken away from them, it is his Duty to assemble the Estates, and to demand their Advice and Resolution, without presuming to publish anything before the whole have been, first, duly examined and approved by them, after the Law is once enacted and published, there is no more dispute to be made about it, all men owe obedience to it, and the Prince in the first place, to teach other men their Duty, and for that all men are easier led by Example than by Precepts, the Prince must necessarily express his Willingness to observe the Laws, or else by what equity can he require Obedience in his Subjects, to that which he himself contemns. …

For, if the Welfare of the Kingdom depends on the observation of the Laws, and the Laws are enthralled to the pleasure of one man; is it not most certain that there can be no permanent stability in that Government?  Must it not then necessarily come to pass, that the King (as some have been) be infected with Lunacy, either continually or by intervals, that the whole State fall inevitably to ruin?  But if the Laws be superior to the King, as we have already proved, and that the King be tied to the same respect of obedience to the Laws, as a Servant is to his Master, who will be so senseless, that will not rather obey the Law than the King? Or will not readily yield his best assistance against those that seek to violate or infringe them?  Now seeing that the King is not Lord over the Laws, let us examine how his Power may be justly extended in other things.[10]


Whether the King be the proper owner of the Kingdom?

For what if a Man for the Flocks sake have made thee Shepherd, does it follow that thou has liberty to slay, pill, sell, and transport the Sheep at thy pleasure?  Although the People have established thee Judge, or Governor of a City, or of some Province, have thou therefore power to alienate, sell, or play away that City or Province?  And seeing that in alienating or passing away a Province, the People also are told, have they raised thee to that Authority to the end thou should separate them from the rest, or that thou should prostitute and make them slaves to whom thou pleased.  Furthermore I demand if the Royal dignity be a Patrimony, or an Officer?  If it be an Office, what Community has it with any propriety?  If it be a Patrimony, is it not such a one that the Paramount property remains still in the People who were the Donors?  Briefly if the revenue of the Exchequer, or the Demeans of the Kingdom, be called the Dowry of the Common-wealth, and by good right, and such a Dowry whose dismembering or wasting brings with it the ruin of the public State, the Kingdom and the King, by what Law shall it be lawful to alienate this Dowry? …[11]


… a true King as he is a careful manager of the public Affairs, so he is a ready Protector of the Common welfare, and not a Lord in Propriety of the Commonwealth, having as little Authority to alienate or dissipate the demeans or public Revenue, as the Kingdom itself.  And if he misgoverns the State, seeing it imports the Commonwealth that everyone make use of his own Talent, it is much more requisite for the public Good, that he which has the managing of it, carry himself as he ought.

And therefore if a prodigal Lord by the Authority of Justice, be committed to the Tuition of his Kinsmen and Friends, and compelled to suffer his Revenues and Means to be ordered, and disposed of by others; by much more reason than those which have interest in the Affairs of State, and whose Duty obliges them to, take all the Administration and Government of the State out of the hands of he who either negligently executes his place, Ruins the Commonwealth, if after admonition he endeavours not to perform his Duty.  And for so much as it is easily to be proved, the King cannot be held Lord in Propriety of the demean. [12]

An Alliance or Covenant between the King and People

It is certain then, that the People by way of stipulation, require a performance of Covenant, the King promises it.  Now the condition of a Stipulator is in terms of Law more worthy than of a Promiser.  The People ask the King, whether he will govern justly and according to the Laws?  He promises he will.  Then the People answer, and not before, that while he governs uprightly, they will obey faithfully.  The King therefore promises simply and absolutely, the People upon condition: the which failing to be accomplished, the People rest according to Equity and Reason, quit from their Promise.

In the first Covenant or Contract, there is only an obligation to piety; in the second, to Justice.  In that the King promises to serve God religiously: in this, to rule the People justly.  By the one he is obliged with the utmost of his Endeavours to Procure the Glory of God: by the other, the profit of the People.  In the first there is a Condition expressed, If thou keep my Commandments: in the second, If thou distribute Justice equally to every man.  God is the proper avenger of deficiency in the former, and the whole People the lawful punisher of the delinquency of the latter, or the Estates, the representative Body thereof, who have assumed to themselves the Protection of the People.  This has been always practiced in all well-governed Estates.[13]
 
Who may truly be called Tyrants?

Hitherto we have treated of a King, it now rests somewhat more fully describe a Tyrant.  We have shown that he is a King, which lawfully governs a Kingdom, either derived to him by succession, or committed to him by Election.  It follows therefore that he is reputed a Tyrant, which is opposite to a King, either gains a Kingdom by violence, or indirect means, or being invested therewith by lawful election, or succession, governs it not according to law and equity, or neglects those contracts and agreements, to the observation where he was strictly obliged at his reception.  All which may very well occur in one and the same person.  The first is commonly called a Tyrant without Title; the second a Tyrant by Practice.  Now it may well come to pass, that he who possesses a Kingdom by force, to govern justly, and he on whom it descends a lawful Title, rule unjustly. But for so much as a Kingdom is rather a right than an inheritance, and an office than a possession: he seems rather worthy the name of a Tyrant, which unworthily acquits himself of his charge, than he who entered in his place by a wrong door. .. [14]

A Tyrant lops off those Ears which grow higher than the rest of the Corn, especially where Virtue makes them most conspicuously eminent, oppressed by calumnies and fraudulent practices, the principal Officers of the State gives out reports of intended conspiracies against himself, that he might have some colourful pretext to cut them off, witness, Tiberius, Maximinus, and others …. [15]

A Tyrant as much as in him lies, prohibits or avoids all public Assemblies, fears Parliaments … and meetings of the general Estates, flies the light, affecting (like the Bat) to converse only in darkness, yea, he is jealous of the very gesture, countenance and discourse of his Subjects. …[16]

If a tyrant wants civil broils to exercise his cruel disposition, he makes Wars abroad; erects idle and needless Trophees and continually employ his tributaries, that they might want leisure to think on other things; as Pharaoh did the Jews, and Polycrates the Samians; therefore he always prepares for, or threatens War, or at least seems so to do, and so still rather draws mischief on, than puts it further off.  A King, never makes war, but compelled unto it, and for the preservation of the public; he never desires to purchase advantage by treason, he never enters into any war that exposes the Commonwealth that it affords probable hope of commodity.

A Tyrant leaves no design unattempted by which he may fleece his Subjects of their subsistence and turn it to his proper benefit, that being continually troubled in gaining means to live, they may have no leisure no hope how to regain their liberty: On the contrary, the King knows that every good Subject’s purse will be ready to supply the Commonwealth’s occasion, and therefore believes he possess no small treasure, while through his good Government his Subjects flow in all abundance.
A tyrant extorts unjustly from many to cast prodigally upon two or three Minions, and those unworthy; he imposes on all: and exacts from all to furnish their superfluous and riotous expenses: he builds his own, and followers fortunes on the ruins of the public: he draws out the people’s blood, by the Veins of their means, and gives it presently to carouse to his Court-leeches.  But a King cuts off from his ordinary expenses, to ease the people’s necessities, neglects his private state, and furnishes with all magnificence the public occasions; briefly is prodigal of his own blood, to defend and maintain the people committed to his care. …[17]

And therefore as the holy Scripture compares one to a Shepherd, so does it also resemble the other to a roaring Lion, to whom notwithstanding the Fox is often coupled.  For a Tyrant as says Cicero, is culpable in effect of the greatest injustice that may be imagined, that when he most deceives, it is when he carries it so appearance to deal sincerely.  And therefore he artificially counterfeits Religion and devotion, wherein faith Aristotle, he expresses one of the most absolute subtleties that tyrants can possibly practice: he composes his countenance to piety, by that means to terrify the people from conspiring against him; who they may well imagine to be especially favoured of God, expressing in all appearance so reverently to serve him.  He fains also to be exceedingly affected to the public good; not so much for the love of it, as for the fear of his own safety.[18]

What may lawfully be done against Tyrants by practice.

Finally, that we may come to some period of this third question: Princes are chosen by God, and established by the People; as all particulars considered one by one are inferior to the Prince; so the whole body of the People and Officers of State, which represent that Body, are the Prince's Superiors.  In the receiving and inauguration of a Prince, there are Covenants and Contracts passed between him and the People, which are tacit and expressed;to wit, obey him faithfully while he commands justly, that he serving the Common-wealth, all men shall serve him, that while he governs according to Law, all shall be submitted to his Government, etc.  The Officers of the Kingdom are the guardians and Protectors of these Covenants and Contracts.  And therefore the Officers of the State may judge him according to the Laws: And if he support his Tyranny by strong hands, their duty binds them, when no other man can be effected, by Force of Arms to suppress him.[19]



[1] Stephanus Junius Brutus, the Celt, Vindiciae, Contra Tyrannos: or, concerning the legitimate power of a prince over the people and of the people over a prince, ed and tr. George Garnett (Cambridge: CambridgeUniversity Press, 2003), p. 11.
[2] Robert M. Kindon, “Calvinism and Resistance Theory, 1550-1580” in The Cambridge History of Political Thought, 1450-1700, ed. J.H. Burns with Mark Goldie (Cambridge: Cambridge University Press, 2008), pp. 212, 213.
[3] Steve Pincus, 1688: The First Modern Revolution (New Haven: Yale University Press, 2009).
[4] Roger Lockyer, ed. The Trial of Charles I (London: The Folio Society, 1959), p.158.
[5] Francis Bacon, The Essays, ed. John Pitcher (Markhan, Ontario: Penguin, 1985), p. 64.
[6] William Walker, tr. Vindiciae, Contra Tyrannos, a defence of liberty against tyrants, or, Of the lawful power of the prince over the people, and of the people over the prince. Early English Books Online (EEBO) Editions. (London: Printed for Richard Baldwin, 1689), p. 66.
[7] Ibid., pp. 82-83.
[8] Ibid., p. 86.
[9] Ibid., pp. 86,87.
[10] Ibid., pp. 89-90.
[11] Ibid., pp. 99-100.
[12] Ibid. pp. 103,104. For a modern-English translation, see my blog entry:  “Reasons to protect the CBC – the case as put in 1579.”
[13] Ibid., p. 113.
[14] Ibid., p. 119.
[15] Ibid., p. 122.
[16] Ibid., p. 123.
[17] Ibid., pp. 124,125.
[18] Ibid. p. 125.
[19] Ibid., p. 150.

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