The chronicles of Enguerrand de Monstrelet, Vol. 01 [of 13] : $b containing an account of the cruel civil wars between the houses of Orleans and Burgundy, of the possession of Paris and Normandy by the English, their expulsion thence, and of other memorable events that happened in the kingdom of France, as well as in other countriesMonstrelet, Enguerrand de
History
The chronicles of Enguerrand de Monstrelet, Vol. 01 [of 13] : $b containing an account of the cruel civil wars between the houses of Orleans and Burgundy, of the possession of Paris and Normandy by the English, their expulsion thence, and of other memorable events that happened in the kingdom of France, as well as in other countries
Monstrelet, Enguerrand de
Europe -- History -- 476-1492 -- Sources; France -- History -- House of Valois, 1328-1589; Hundred Years' War, 1339-1453
‘I answer, therefore, with the theologians, that the killing of a tyrant
is not homicide, inasmuch as it is just and legal. According to the
general law, I confess it would be homicide; but if there be shewn
justifiable cause for it, no punishment, but remuneration, should
follow.
‘With regard to that part of the argument which says, ‘Quod hominem
homini insidiari nefas est, et quæ magis insidiatur homini,’ &c. it
alludes to a tyrant who is continually practising the death of his king
and sovereign lord. ‘Et homo est nefas, et perditio, et iniquitas.’ As
for him who slays a man, by watching a proper opportunity for it, to
save the life of his king, and preserve him from mortal peril, he does
no ‘nefas,’ but acquits himself of his duty toward his sovereign lord.
‘Et homo est nefas, et perditio, et iniquitas;’ and therefore he who
kills such an one, by watching a proper opportunity, does it to save the
life of his king.
‘In regard to that passage which says, ‘Non facias aliis, &c. alterum
non lædere,’ &c. I reply, that it makes against the tyrant, and in
favour of him who slays him; for he (the tyrant) does against his king
that which he would not have to be done against himself, ‘et ipsum regem
injuriatur et lædit.’ For which reason, he who has put to death such a
person, according to his deserts, has done nothing contrary to the laws,
but has preserved the meaning of them, namely, true equity and loyalty
towards his king and sovereign lord.
‘To the other quotation from the laws that says, ‘Hominem occidere,
capitale esse omnis usus armorum,’ &c. I answer, that there are no laws
nor usages so very general but that there may be some exceptions made
from them. I say, that the case of killing a tyrant is exempted, more
especially when he is guilty of the crimes before mentioned. How can any
greater cause of exemption be shewn than that, when the murder is done
through necessity, to save the king from being put to death?
‘Even when conspiracies against his royal person have been so far
carried by witchcraft and otherwise, that he is disabled from
administering justice; and the tyrant being found deserving of that
punishment, the king, from weakness of intellect, cannot, or will not,
punish him, the killing of him, in such cases, is not against the law,
properly speaking, for all laws have two meanings: the first is the
textual signification, the other is the ‘quo animo,’—the person
committing a crime has done it, and the law, as intended by those who
made it, is to be explained according to the intent of its framers, and
not always according to the literal sense.
Public-domain text, read in full here on John Shaqi.
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