El tiranicidio en los escritos de Juan de Marianaun estudio sobre uno de los referentes más extremos de la cuestión

  1. Centenera Sánchez-Seco, Fernando
Supervised by:
  1. Luis García-San Miguel Rodríguez-Arango Director

Defence university: Universidad de Alcalá

Fecha de defensa: 03 April 2006

Committee:
  1. Andrés Ollero Tassara Chair
  2. José Enrique Bustos Pueche Secretary
  3. Lorenzo Peña Committee member
  4. Benito de Castro Cid Committee member
  5. María del Carmen Barranco Avilés Committee member

Type: Thesis

Abstract

This thesis examines the topic of tyrannicide in the works of Juan de Mariana. Very few authors have focused on the referred subject in an exclusive manner. The most representative authors are Lewis, Jászi and García Pelayo y Alonso. It is, thus, a field which has hardly been explored. Likewise there is little knowledge on Mariana himself at present. Our general culture, however, still keeps some echoes of his opinion regarding the death of a tyrant. The author and said question have been linked throughout history. Some writers as for example Hansen Roses, Ballesteros Gaibrois, Paula Garzón and Lewy, have studied this combination though not as the centre of their analysis. This study presents a personal interpretation of Mariana's ideas regarding the topic of tyrannicide and has been drawn up using the following methodology: exposition of arguments, considerations of the same, criticisms, localization of possible sources and search of links between the author’s works and the reality of the sixteenth and seventeenth centuries. The structure of the investigation, devised to carry out the aforementioned work, could be summarised in the following sections (which are preceded by a preface and an introduction wherein the origin and the background of the investigation are included): 1. Life, works and memoirs of the scholar (chapter I –with several investigations in situ–). 2. Notes on tyrannicide and previous investigations on the same question throughout history from its origins to the period of the scholar (chapters II and III). 3. Philosophical and political issues in the author's thinking, the tyrant and the topic of tyrannicide in his works and the connections between the doctrines with some real cases of the period (chapters IV, V, VI and VII). The thesis also includes a section with conclusions, and finishes with four annexes and a cross reference of sources (bibliography, catalogues, correspondence, dictionaries, documents, preliminary studies, introductions, acknowledgements approvals, notes, newspapers, periodicals, legislation, manuscripts, web pages, pasquinades, engravings, portraits, encyclopaedias, scientific reviews, unpublished doctoral thesis and other references). Juan de Mariana was born in Talavera de la Reina, or, perhaps, in a nearby location, in 1536. He spent his childhood in La Pueblanueva, studied at the University of Alcalá, joined the Society of Jesus and taught in Italy and France. On his return to Spain he wrote many works that brought him recognition as well as various unsavoury incidents. His most important works are the following: De rege et regis institutione, Historiae de rebus Hispaniae, Tractatus VII and Discurso sobre las cosas de la Compañía de Jesús. He died in Toledo in 1624. The author and his work have been present throughout history. For the purpose of this thesis tyrannicide is understood as “the killing of a tyrant”. Tyranny and the death of the tyrant have been examined throughout history, but they have not been considered at all times in the same way. In Ancient Times they were found for instance in several Greek, Roman and Eastern works. In the Medieval Ages some authors, such as Salisbury and Saint Thomas dealt with these topics. We also find them in the Council of Constance. Nevertheless the Modern Period was the most productive era as far as the literature on the death of the tyrant is concerned. Some authors that studied this topic are Erasmo, Lutero, Calvino, Vitoria, Soto Báñez, Las Casas, Molina, Rivadeneira, Márquez, Vázquez de Menchaca, Covarrubias y Leyva, Sepúlveda, Castro, Medina, Espinosa, Ayala, Altusio, Hotman, Beza, Boëte, La Noue, Boucher, Rossaeo, Knox, Goodman, Buchanan, Parsons and Suárez. The death of the tyrant was also examined in some anonymous works or in essays written under a pseudonym. Some examples are: Les cruels et horribles tormens de Balthazar Gerard, Vindiciae contra tyrannos, Discours Politiques, Le Politique, Discours Merveilleux, etc. Mariana offers one of the most extreme presentations on tyrannicide. This question is examined in his work as a result of a philosophical and political principle which basis is hereinafter explained. Man is a sociable being by nature, he has set up the status of king for the community’s interest, a moderate monarchy is the best form of government (it might be more precise to state a mixed system), hereditary succession is preferable, the republic has more power than the king in certain areas, las Cortes (Spanish Parliament in the 16th and 17th centuries) are the maximum authority representative of the republic and “Princeps non est solutus legibus”. The Jesuit depicts the tyrant in the following manner: he is the antithesis of the king, despises the law, levies new taxes, prejudices the religion of the realm, only thinks of self-interest, destroys the outstanding citizens, forbids meetings, has foreign guards, is the public enemy, etc. Moreover, Mariana recognises two types of tyrants: the tyrant by usurpation and the tyrant who gains power in a legitimate way. From a practicable point of view it could be argued that Henry III of France and perhaps, too, Philippe II and Philippe III of Spain were considered as tyrants by Mariana. Albeit not Henry IV of France. Juan de Mariana’s work on tyrannicide begins relating the death of the last Valois king. Having examined the pros and cons of this topic he sets forth his opinion. Regarding the usurper the author believes an individual person may murder the tyrant ruler. As to the legitimate tyrant he considers, on principle, that if said tyrant is a moderate ruler subjects should suffer his vices. He notes, however, that if he is a severe despot, meetings, when permitted, should be based on how to correct the oppressor. If the tyrant cannot be corrected it may be declared by sentence that he is no longer a king. Such revelation would trigger a war. Under this situation if there is no other means to save the country an individual may murder the tyrant. In the case that public meetings are not possible, the Jesuit considers that he who brings death to the ruler has not acted wrongfully (the identity of the oppressor should be shown by public recognition and by the wise and prudent men). Juan de Mariana concludes his exposition with several objections, various precautions presenting the death of the oppressor as a last resource, some questionable statements regarding the Council of Constance and reveals to be against the use of poison to murder the tyrant. An exhaustive research shows the scholar approved the death of the last Valois king and that his words did not inspire the end of Henry IV of France. Topics mentioned above are mainly found in De rege et regis institutione, but they are also examined in De Monetae Mutatione, in Historiae de rebus Hispaniae and in Discurso sobre las cosas de la Compañia de Jesús. The thinking of Mariana on tyranny and tyrannicide reveals a man with a solid humanistic training (it is a question dating from ancient times) as well as an author who is heir of his age and circumstances (the life and the period of the Jesuit safeguard the origins of his works) with all its consequences. This thesis lays out the basis for a new line of research both from a historical and current perspective.