Front Page Titles (by Subject) NO. 55. SATURDAY, DECEMBER 2, 1721. The Lawfulness of killing Julius Caesar considered, and defended, against Dr. Prideaux. (Gordon) - Cato's Letters, vol. 2 June 24, 1721 to March 3, 1722 (LF ed.)
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NO. 55. SATURDAY, DECEMBER 2, 1721. The Lawfulness of killing Julius Caesar considered, and defended, against Dr. Prideaux. (Gordon) - John Trenchard, Cato’s Letters, vol. 2 June 24, 1721 to March 3, 1722 (LF ed.) 
Cato’s Letters, or Essays on Liberty, Civil and Religious, and Other Important Subjects. Four volumes in Two, edited and annotated by Ronald Hamowy (Indianapolis: Liberty Fund, 1995). Vol. 2.
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NO. 55. SATURDAY, DECEMBER 2, 1721. The Lawfulness of killing Julius Caesar considered, and defended, against Dr. Prideaux. (Gordon)
I shall, in this paper, consider and discuss a great point; namely, whether the killing of Julius Caesar was a virtue, or a crime? And because Dr. Prideaux, who condemns it, does not only speak his own sense, but that of a great party, I shall here transcribe what he says of it.
He was murdered in the Senate-house, by a conspiracy of Senators. This was a most base and villainous act; and was the more so, in that the prime authors of it, Marcus Brutus, Decimus Brutus, Cassius, and Trebonius, and some others of them, were such as Caesar had in the highest manner obliged; yet it was executed under the notion of an high heroick virtue, in thus freeing their country from one whom they called a tyrant; and there are not wanting such as are ready, even in our days, to applaud the act. But divine justice declared itself otherwise in this matter: For it pursued every one of them that were concerned herein with such a just and remarkable revenge, that they were every man of them cut off in a short time after, in a violent manner, either by their own or other men's hands.
These are the Doctor's words, and this his judgment, which is roundly passed; but how justly, I hope to make appear before I have ended this letter. He has not told us what it was, that, in his opinion, rendered the person of Caesar so very inviolable. That Caesar had for his title, only power and success gained by violence, and all wicked means, is most certain. That the acquiring and exercising of power by force, is tyranny, is as certain; nor did ever any reasonable man say, that success was a proof of right. They who make the person of Caesar sacred, declare the person of a tyrant, and an usurper to be sacred; for no man ever lived, to whom those two characters do more notoriously belong. And if all the privileges and impunity belonging to a lawful magistrate, who protects his people, and rules himself and them by law, and their own consent, do also appertain to a lawless intruder, who is stronger than all, by being worse than all; and under the mock name of a publick magistrate, is a publick oppressor, scourge, usurper, executioner, and plunderer; then all these blessed consequences follow: That there is an utter end of all publick and private right and wrong, every magistrate may be a tyrant, every tyrant is a lawful magistrate; it is unlawful to resist the greatest human evil; the necessary means of self-preservation are unlawful; though it be lawful and expedient to destroy little robbers, who have as much right, and more innocence, than great ones, and who are only so for subsistence; yet it is impious and unlawful to oppose great robbers, who, out of lust, avarice, cruelty, or wantonness, take away life and property, and destroy nations at pleasure: That real, great, and general mischief, is defended by giving it a good name, by which he who commits it is protected; violence, fraud, and oppression, may be committed with security, if they be but called magistracy; and the execrable authors of them are not only safe, but sacred, if they be but called magistrates: Though it be unlawful to be a publick destroyer and murderer, yet it is unlawful to destroy him; that is, it is unlawful to prevent or punish that which is most impious and unlawful: And, finally, that any man who can oppress and enslave the world, and destroy nations, with the most and best men in them, may do all this with impunity.
If Julius Caesar was a lawful magistrate, then every man who has force and villainy enough, may make himself a lawful magistrate; and lawful magistrates are, or may be made by force and villainy. But if magistracy is not acquired by overturning with the sword all law and magistracy, then Julius Caesar was no magistrate; and if he was not, how came he by the rights and impunity with which lawful magistrates only are vested?
Against any man using unlawful force, every man has a right to use force. What crime would it have been in any Roman, or body of Romans, even without any commission from Rome, to have slain Alarick, or Attila, or Brennus, when they invaded the Roman territories? And what more right had Caesar than they? In truth, his crime was infinitely greater than theirs, as he added the sins of ingratitude, treachery, and parricide, to that of usurpation. The Goths and Gauls did indeed violate the laws of nations, in molesting and invading a country, that owed them neither subjection nor homage: But Caesar violated the laws of nature, and of his country, by enslaving those whom he was entrusted and bound to defend.
Every body, I believe, will own, that when he first made war upon his country, his country had a right to make war upon him; and to destroy him, who fought to destroy them. How came that right to cease, after he had, by his success in villainy and usurpation, added to his crimes, and made death still more his due? Or, is it lawful to resist and kill a robber before he has taken away your money, but not after he has done it? And does a villain grow sacred and inviolable, by the mere merit of completing his villainy? If Caesar had forfeited his life, as he certainly had by all the laws of Rome; why was it not lawful to take it away by the hands of thirty men, as by the arms of thirty thousand, and in the Senate as well as in the field?
The reason why one private man must not kill another in society, even when he does that which deserves death, is, that in society no man must be his own judge, or take his own revenge; but the more equitable law must give it him, and there are judges established for that purpose. But if the offender set himself above the law and the judges, he leaves a right to the person injured to seek redress his own way, and as he can get it. Whoever puts himself in a state of war against me, gives me a right of war against him; and violence is a proper remedy for violence, when no other is left.
That right which, in the state of nature, every man had, of repelling and revenging injuries, in such a manner as every man thought best, is transferred to the magistrate, when political societies are formed, and magistracy established; but must return to private men again, when the society is dissolved: Which dissolution may happen either through the natural demise of the persons entrusted with the publick authority, where there is no provision made in the constitution for others to succeed them; or when, by a superior unlawful force, they are restrained from answering the great end of their trust, in protecting the innocent; an end for which alone men part with their natural rights, and become the members and subjects of society.
It is a most wicked and absurd position, to say, that a whole people can ever be in such a situation, as not to have a right to defend and preserve themselves, when there is no other power in being to protect and defend them; and much more, that they must not oppose a tyrant, a traitor, an universal robber, who, by violence, treachery, rapine, infinite murders and devastations, has deprived them of their legal protection.
Now, that all these black characters belonged to Caesar, is indisputable fact; nor was there ever a traitor and a tyrant in the world, if he was not one. He broke, outrageously broke, every tie that can bind a human soul; honour, virtue, religion, law, trust, humanity, and every thing that is sacred and valuable amongst men. He was a subject and servant of the Roman commonwealth, greatly honoured and trusted by it; he was a Senator and high priest; he had been consul; he was general of one of its greatest armies, governor of one of its greatest and best provinces. All this power and credit, all these offices and forces, he turned, ungratefully, barbarously, and traitorously, upon his masters, and made a prey of his country with its own money and arms.
The means by which he did this mighty and consummate evil, were suitable to the end. He stuck at nothing; nor was any pitch of baseness too high or too low for him. He even submitted his person to infamous and unnatural prostitution, for the ends of ambition; and from a boy was in every faction for embroiling and overturning the state; first in the bloody measures of Marius; afterwards in the more terrible conspiracy of Catiline, to murder the consuls and the Senate, to burn Rome, and to enslave the commonwealth: And though he failed in that conspiracy, he went on conspiring; he corrupted the people, and headed parties of desperadoes, to frighten those whom he could not bribe: He oppressed the provinces, and destroyed their inhabitants; he robbed the publick temples; he slaughtered the armies of the republick; he seized the publick treasure; at last, he seized the world, and extinguished its liberty. Hear the dismal dread of the Roman Senate and people, upon that dreadful occasion, as the same is described by Lucan.
Thus fell Rome, the glory and mistress of the earth, and the earth with it, under the yoke of a tyrant, whose parts increased his guilt, and made him the more dreadful. From the numberless mischiefs which he had done to get power, the highest were apprehended from him now he was possessed of it; and it was not doubted, but he would have proceeded to massacre and conflagration, had he been provoked by opposition.
And therefore most of the Senators were fled with Pompey, and Rome was left defenceless to the sword of the usurper.
What now had the Romans to do in this calamitous case, under this enormous oppressor; owing them duty and allegiance as one of their own citizens, but, like a barbarous conqueror and an alien, holding them in bonds with his sword at their throats? Law, liberty, and appeals, were no more! A tyrant was their chief magistrate; his will their only law. Because he had murdered one half of the people, had he therefore a right to govern the rest? And because he had robbed them of most of their property, were they obliged to give him the remainder? Does the success of a criminal sanctify his crime, or are crimes sanctified by their greatness? If only an intention to destroy the state, was high treason and death; how did the executing of that execrable intention become lawful government, and acquire a right of allegiance?
I say, what remained now to the Romans to be done for relief? As to legal process against Caesar, there could be none; omnia Caesar erat! Nor was there any publick force great enough to oppose him: He had before destroyed or corrupted the armies of the commonwealth. Or, if a new army could have been drawn together, ought an opportunity to have been given him to have destroyed that too? Or, was it lawful to kill him, and twenty or thirty thousand men with him, and perhaps with the like slaughter on the other side, and with the loss of the best and bravest Romans whom his ambition had left unmurdered; and yet was it unlawful to kill him, without all this apparatus, expence, and mischief? Strange! that the killing by surprize a single traitor and parricide, who had forfeited his life by all the laws of God and man, should be esteemed a heinous and crying crime; and yet that the surprizing and cutting to pieces a whole army should be reckoned heroick virtue!
It was a known maxim of liberty amongst the great, the wise, the free ancients, that a tyrant was a beast of prey, which might be killed by the spear as well as by a fair chase, in his court as well as in his camp; that every man had a right to destroy one who would destroy all men; that no law ought to be given him who took away all law; and that, like Hercules's monsters, it was glorious to rid the world of him, whenever, and by what means soever, it could be done.
If we read the stories of the most celebrated heroes of antiquity (men of whom the present world is not worthy) and consider the actions that gained them their highest reverence and renown, and recommended their names to posterity with the most advantage; we shall find those in the first rank of glory, who have resisted, destroyed, or expelled tyrants and usurpers, the pests, the burdens, and the butchers of mankind. What can be more meritorious, what more beneficent to the world, than the saving of millions of men at the expense of one grand murderer, one merciless and universal plunderer? And can there be any better or other reason given for the killing of any guilty man, but the preserving of the innocent? Indeed, an action so glorious to those that did it, and so benevolent and advantageous to those for whom it was done, could never have been censured in the world, if there had not lived in all ages abject flatterers, and servile creatures of power, always prepared to sanctify and abet any [of] the most enormous wickedness, if it were gainful: And these are they who have often misled good men in the worst prejudices.
Timoleon, one of the wisest and most virtuous men that ever blessed this earth, spent a long and glorious life in destroying tyrants; he killed, or caused to be killed, his own brother, when he could not persuade him to lay down an usurped power, and no other means were left to save his country. And if this action cost him afterwards much grief and melancholy, it was owing to his own tender heart, and the curses and reproaches of a mother otherwise indulgent. He was even censured for this his sorrow, as if it had got the better of his love to mankind; and when he at last overcame it, he shewed that it was not occasioned for having slain a tyrant, but his brother; for he immortalized the rest of his life in doing nothing else but destroying tyrants, and restoring liberty.
But if the killing Caesar were so great a crime, how comes Catiline to be still so universally detested, for only intending what Caesar accomplished! It is true, Caesar did not burn Rome; nor did he save it out of any tenderness to it, but saved it for himself: He spared fire, only because the sword was sufficient. I would here ask another question: If Oliver Cromwell had died by any of the numerous conspiracies formed to take away his life; would posterity have condemned the action for this reason alone, that it was done the only way that it could be done?
But there is an instance in the Roman history, that will set this matter yet in a fuller light; it is the story of Spartacus, a Thracian slave and gladiator, who bid fair for being lord of the Roman world. He seems to me to have had personal qualifications and abilities, as great as those of Caesar, without Caesar's birth and education, and without the measure of Caesar's guilt. For I hope all mankind will allow it a less crime in any man to attempt to recover his own liberty, than wantonly and cruelly to destroy the liberty of his country.
It is astonishing to consider, how a poor slave, from the whip and the chain, followed only by about seventy fugitive gladiators, should begin a revolt from the most powerful state that ever the world saw; should gather and form, by his courage and dexterity, a formidable army; should inspire resolution and fidelity into the very dregs of mankind; should qualify his sudden soldiers, composed of thieves and vagabonds, to face and defeat the Roman legions, that were a terror to the world, and had conquered it; should keep together, without pay or authority, a raw and lawless rabble, till he had vanquished two Roman armies, and one of them a Praetorian army: And even when Crixius, his fellow-commander, envying his glory and success, had withdrawn from him, and carried with him a great number of his forces, and was cut to pieces with twenty thousand of his men, by Q. Arrius the praetor, yet he still continued to conquer. He beat that very Arrius that had killed Crixius; he defeated Lentulus the consul; he overcame L. Gellius, another consul; and in all likelihood, had he not been weakened by the above defection of Crixius, he had beat Crassus too, and seen himself lord of Rome.
Now I would ask the advocates of lawless power, the friends to the life and name of Caesar, whether Spartacus, if he had succeeded in his last battle against Crassus, had been lawful and irresistible King of Rome? And whether the Senate and people of Rome, with the greatest part of the known world, would have owed him duty and allegiance? Or, would he not have continued still a thief and a robber? And if he had continued so, then, by all the laws of nature and self-preservation, as well as by the municipal laws of every country in the world, every man was at liberty to seize him how he could, and to kill him if he resisted, or ran away.
Tell me, O ye unlimited slaves, ye beasts of lawless power, ye loyal levellers of right and wrong! how came Caesar by a better title to dominion than Spartacus had, whose sword was as good, though not quite so prosperous and destructive, as Caesar's? Tell me where lay the difference between them, unless in their different success; and that Spartacus was as great a man, but Caesar a greater traitor and tyrant?
Indeed, had Sir Robert Filmer, or any other of the honest and sage discoverers of Adam's right heir, lived in those days (as they have done since, and plainly pointed him out) and complimented Caesar, as doubtless they would, with a lineal and hereditary title from Aeneas, wandering prince of Troy; he might have been called the Lord's Anointed, as well as others, and his assassination been accounted rebellion, and worse than the sin of witchcraft. But as I do not find that Caesar, though he valued himself upon his descent from the pious Trojan hero, did yet claim any dictatorial right by virtue of his illustrious parentage; I have therefore taken liberty to treat him as a mere traitor, an usurper, and a tyrant.
GI am, &c.