"Father Martin of St. Bernard, of the Order of Cîteaux, translated this work into Italian, and had it printed at Naples, in 1646. It was also translated into French by M. de Virion, counsellor to the Duke of Lorraine, and it was printed at Nancy in 1621."
BOOK I. CHAP. 8.
"We have now to answer the contrary objections. We maintain that neither the divine nor the natural law has given to states the power of arresting the progress of tyranny by means so violent as that of shedding the blood of princes, they being the vicars of God, divinely invested with the right of life and death over other men. But so far as resisting their cruelty is concerned, it is incontestable that it may and ought to be done. They are not to be obeyed in any thing opposed to the law of God; we must, therefore, escape from their wicked commands, and prevent their blows, as Jonathan did with regard to Saul, his father, when he saw him take his spear to smite David, and when, rising from the table, he went in search of the latter, and warned him of his danger. It is also sometimes allowable to resist princes by force of arms, in order to prevent them from executing notoriously rash and cruel determinations; for, according to the words of St. Thomas, this is not to excite sedition, but to stop and prevent it. Tertullian affirms the same thing when he says: 'Illis nomen factionis accommodandum est, qui in odium bonorum et proborum conspirant, cum boni, cum pii congregantur, non est factio dicenda, sed curia.'
"This is the reason why the blessed St. Hermenegildus, a glorious Spanish martyr, took up arms and entered the field against King Leovigildus, an Arian, to resist the great persecution directed by this prince against the Catholics. This fact is related by the contemporary historians. True, St. Gregory of Tours condemns this act of our king-martyr, not for having resisted his sovereign, but because the former was both his king and his father: and he maintains that although he was a heretic, his son ought not to have resisted him. This reply, however, is not well founded, as Baronius observes. Moreover, the authority of this Gregory was combated by another Gregory, greater than he, St. Gregory the Great, who, in the preface to his book of Morales, approves of the embassy of Leander, sent to Constantinople by St. Hermenegildus, to solicit the aid of Tiberius against Leovigildus, his father. It is indubitable that however strong may be the obligation of filial piety, that of religion is still stronger. The latter obliges us to sacrifice every thing if it be necessary; and it is on account of cases of this nature, that it is written of the tribe of Levi: 'Qui dixerunt patri suo et matri suæ, nescio vos, et fratribus suis ignoro vos, nescierunt filios suos.' Such was the conduct of the Levites when they took up arms, by the command of Moses, to punish their relations for the sin of idolatry.
"If the prince should go so far as personally to make an attempt upon the life of the subject who has no other means of defending himself than killing him,—as when Nero, parading the streets of Rome, followed by a troop of armed men, attacked the quiet and unsuspecting citizens; I say, that in such a case it would be allowable to kill him; for if it is true, as Fr. Dominic de Soto observes, that the subject in this extremity is to suffer himself to be killed, and so prefer the monarch's life to his own, it is solely in the case when the death of the monarch would give rise to great troubles and civil wars in the state; in any other case it would be monstrously inhuman to force men to a thing so insupportable. But when the subject's property is merely to be defended against the cupidity of the monarch, it should not be allowable to lay hands on him; for it is a privilege granted to princes by divine and human laws, that their blood shall not be spilt for any outrage which, committed by any other violator of private property, would be a sufficient motive for taking away his life. The reason of this is, that the life of the king is the soul and bond of the state; that it is of more importance than the property of individuals; that it is better to tolerate grievances of this nature, than to destroy the head of the state."
In order to give an idea of the means employed at this epoch to limit the power of the monarch, by forming associations, whether among the people themselves, or between the people, the grandees, and the clergy, I insert here the letter, or Charter of Fraternity (Hermandad), which the kingdoms of Leon and Galicia made with Castile. I have extracted this piece literally from the collection intituled Bullarium ordinis militiæ sancti Jacobi Gloriosissimi Hispaniarum patroni, p. 223. It will prove to us the existence already, at a remote epoch of our history, of a lively instinct for liberty, although ideas were still limited to a secondary order.
"1. In the name of God and of the blessed Virgin. Amen.
"Be it known to all those who shall read this letter, that on account of the innumerable acts of injustice, injuries, deeds of violence, murders, imprisonments, insolent refusals of audience, opprobriums, and other outrages without measure, committed against us by the king D. Alphonso, to the contempt of God, of justice, of right, and to the great detriment of all these kingdoms; we, the infantes, the prelates, the rich men, the councils, the orders, the knights of the kingdoms of Leon and Galicia, seeing ourselves overwhelmed with injustice and ill-treatment, as we have stated above, and finding it insupportable; our lord the infante Don Sancho has thought good and appointed that we should be of one mind and of one heart, he with us and we with him, to maintain our laws, our privileges, and our charters, in our usages, our manners, our liberties, and franchises, which we enjoyed under king Don Alphonso, his great-grandfather, the conqueror at the battle of Merida, and under king Don Ferdinand, his grandfather; under the emperor and all the other kings of Spain, their predecessors; and under the king Don Alphonso, his father,—all princes who have best merited our gratitude; and our said lord the infante Don Sancho has bound us to this effect by oath and promise, as it is certain by letters between him and us. Considering that it is agreeable to the service of God, of the blessed Virgin, of the court of Heaven, to the defence and honor of the holy Church, of the infante Don Sancho, and of the kings who shall succeed him, in fine, to the advantage of the whole country, we ordain and establish fraternity (hermandad), now and for ever, we the whole of the kingdoms above named, with the councils of the kingdom of Castile, with the infantes, the rich men, the hidalgos, the prelates, the orders, the knights, and all others who are in this kingdom, and who are willing to be with us, as it has just been said.
"2. Be it known to them, that we will insure to our lord the infante Don Sancho, and to all other kings who shall succeed him, all their rights, all their suzerainty, wholly and entirely, as we have promised, and as they are contained in the privilege which he has given us to this effect. Justice shall continue to be decreed by the suzerainty. The Martiniega[F] shall be paid in the place and in the manner in which it was customary to pay it, according to right, to Don Alphonso, the conqueror at the battle of Merida. The money[G] shall be paid at the end of seven years in the usual place and manner, the kings not enjoining the coining of money. The repast (yantar)[H] shall be taken in the place in which it was usual for the kings to take it, according to the fuero, once a year, while visiting the very place, as it was given to the king Don Alphonso, his great-grandfather, and to the king Don Ferdinand, his grandfather. The fonsadera,[I] when the king is with the army, in the customary place, according to the fuero and right in the days of the above-named kings, guaranteeing to each the privileges, charters, liberties, and franchises appertaining to us.