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Front Page arrow Titles (by Subject) arrow Sect. V.: Cæsar no lawful Magistrate, but a public Enemy. - The Works of Tacitus, vol. 1 - Gordon's Discourses, Annals (Books 1-3)

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Subject Area: Political Theory
Subject Area: History

Sect. V.: Cæsar no lawful Magistrate, but a public Enemy. - Publius Cornelius Tacitus, The Works of Tacitus, vol. 1 - Gordon’s Discourses, Annals (Books 1-3) [120 AD]

Edition used:

The Works of Tacitus. In Four Volumes. To which are prefixed, Political Discourses upon that Author by Thomas Gordon. The Second Edition, corrected. (London: T. Woodward and J. Peele, 1737). Vol. 1.

Part of: The Works of Tacitus, 4 vols.

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Sect. V.

Cæsarno lawful Magistrate, but a public Enemy.

OF Cæsar, his Usurpation and Death, I have reasoned largely elsewhere m , and shall here abridge part of that reasoning. “He had no sort of Title, but success, gained by violence and all wicked means. The acquiring and exercising of Power by force is Tyranny, nor is success any proof of right. If the person of Cæsar was sacred, so is the person of every Usurper and Tyrant; and if all the privileges and impunity belonging to a lawful Magistrate, do also appertain to a lawless Intruder and public Oppressor, then all these blessed consequences follow: There is an utter end of all right and wrong, public and private; every Usurper is a lawful Magistrate; every Magistrate may be a lawless Tyrant; 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 are so for subsistence, it is impious and unlawful to oppose great Robbers, who destroy nations out of lust and ambition. Public mischief is defended by giving it a good name, since Tyranny may be practised with impunity, if it be but called Magistracy; and the execrable Authors of it are sacred, if they but call themselves Magistrates; Though it be unlawful to be a public destroyer, yet it is unlawful to destroy him, and to prevent or punish that which is most impious and unlawful. In fine, any man who has wickedness and force enough to destroy or enslave the whole world, may do it, and be safe.

“If Cæsar was a lawful Magistrate, every powerful villain may make himself one, and lawful Magistrates may become such by mere force and iniquity. But if lawful Magistracy be not acquired by violence and butchery, Cæsar was none: if he was not, how came he by the rights and impunity of such?

Against lawless force every man has a right to use force. Cæsar had no more right than Alarick, Attila, or Brennus, who were foreign Invaders; his crime? was greater, as, to that of usurpation, he added those of ingratitude and treachery. It is owned that when he first made war upon his Country, his Country had a right to make war upon him; How came that right to cease, when he had heightened that iniquity by success? Is it lawful to resist a Robber before he has robbed you, but not after? Is a wickedness lessened by aggravations? Cæsar had forfeited his life by all the Laws of Rome; was it not as lawful to take it away by thirty men as by thirty thousand; in the Senate as in the field?

“A private man in society, even capitally injured, must not be his own judge, but leave revenge to the more impartial Law; but a capital offender against all, who sets himself above Law and Judgment, is a public enemy; and violence is the proper remedy for violence, when no other is left. In a State of Nature, every man has a right to vindicate himself; when Society is dissolved, the same right returns. Men can never be deprived of both public protection and private defence.

Cæsar had violated every tye that can bind the human soul; Oaths, Trust, and Law; he had violated every thing dear to human kind, their Peace, Liberty, Rights and Possessions: He did all this by means the most black and flagitious; by Plots, Faction, Corruption, Robbery, Devastation, Sacrilege, and Slaughter.

What was lest to the oppressed Romans to do, under the bonds of the Oppressor with his sword at their throat? Law and Appeals were no more; a Tyrant was their Master; the Will of a Tyrant their Law. Because he had slaughtered and destroyed one half of the people, had he thence a right to govern the rest? There was no public force to oppose him; he had destroyed many of the Armies of the State, and appropriated the rest to himself against the State; it would have been madness to have thought of judicial process. In short, there was no other way of abolishing his Tyranny, but by dispatching the Tyrant.

[m ]SeeCato’s Letters, Vol. II.