Selected quad for the lemma: cause_n
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A45908
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An Enquiry into the nature and obligation of legal rights with respect to the popular pleas of the late K. James's remaining right to the crown.
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1693
(1693)
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Wing I218; ESTC R16910
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35,402
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66
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only that Legal Titles and Legal Authority may be parted from each other but that Legal Titles and Legal Authority may be rightfully separated from the Persons to whom they were once due which Natural Rights can never be A King may cease to be a King though a Father can never cease to be a Father for Laws have not the same force and power that Nature has All men confess this may be done by a voluntary Resignation which divests such a Prince of all Right and Authority to Govern and if it may be done any way his Right and Authority is not inseparable from his Person Our Adversaries indeed will not allow that a King can lose his Right unless he voluntarily part with it himself and therefore that no man can be King while a former King is living and that God himself cannot advance a King to the Throne while any one is living who ever had a Right to that Throne and never resigned his Right because it is contrary to Justice to give away the Throne from a Prince who has the Right to it as if God had not an Original Right to all the Kingdoms of the World but was confin'd to Human Rights and Claims in making or unmaking Kings But if a King can part with his Kingship it is possible he may lose it too for there are usually more ways than one of parting with that which may be parted with And besides what is granted viz. A Voluntary Resignation I shall consider two other Conquest and Abdication 1. Conquest Which I do not mention as if I thought this to be our Case that we are a Conquer'd People and that King William ascends the Throne by Conquest For whatever may be said of the Conquest of King James who was either forc'd out of his Kingdoms or left them voluntarily if the first he was Conquer'd if the second he Abdicated in the most proper Sense and I know no medium between them Yet the People of England are not Conquer'd nor did the King ever pretend any such Right to the Throne But let this be as it will all I intend at present is to convince these Men That the Crown may be lost by Conquest which may extinguish old Rights and begin a new one and deliver Subjects from their Allegiance to a Conquer'd Prince That de facto Kings do lose their Crowns by Conquest that many great Revolutions of States and Kingdoms are owing to this Cause and that no Nation ever made a scruple of Conscience about submitting to a Conqueror is plain beyond denial but the question is quo jure How a Conqueror can gain a Right to a Throne which another Prince has a Legal Right to And how Subjects tho Conquered can transfer their Allegiance from the Rightful Prince to the Conqueror who has no other Right but his Sword And I shall distinctly consider this with respect to Princes and with respect to Subjects Now the general Answer to both is this That Legal Rights can reach no farther than the Laws of the Land nor oblige any persons whom they do not oblige nor oblige any longer than the Laws oblige These are self-evident Propositions and need no proof for Rights which are founded only on Laws can reach no farther nor last any longer than the Laws do 1. In the first place then with reference to Princes no Legal Right that any Prince has to his Throne can debar another Foreign Independent Prince in case of a just Quarrel to subdue and conquer and take his Crown The reason is because the Laws of the Land which give a Prince his Crown do not oblige Foreign Princes but only Subjects The Laws of particular Countries are Laws only to themselves but there is no Law between Sovereign Princes but the Laws of Natural Justice and the Law of Nations The Rights of Princes with respect to each other are only Possession which is the only Right men can have to any thing in a state of Nature before the forming of Civil Societies and with them Legal Properties and for the same reasons that any man in a state of Nature might justly be turned out of his Possession a Prince may still with equal Justice be turned out of his Kingdom by another Prince and the Prince who conquers in a just War may seize the Throne of the conquered Prince and if he be placed there by the Consent and Submission of the people is no Usurper upon either Prince or People but a Rightful Prince who begins a new Legal Title How indefeasible soever a Prince's Right be by the Laws of the Land that is no rule to Foreign Princes so they do not violate the Laws of Nations nor the natural Rules of Justice in seizing his Throne and whenever the Crown may be justly taken it is justly lost and there needs neither the Death nor the Resignation of the Legal King to give a just Title to the Conqueror Possibly there have seldom been any such just Wars or just Conquests but it is enough to my purpose if such there may be and I think no man doubts but that there may be just Causes of War and a just War will make the Conquest just If any Prince or State be injurious to their Neighbours the injur'd Prince may demand Satisfaction and if it be denied may take it himself as every private man may do in a state of Nature when there is no superion to judge between them which brings such a Dispute to the Decision of the Sword which is the only redress of Injuries when there is no Civil Authority to judge between them and yet it were to no purpose to fight if it were unlawful to conquer and not only to do himself right but prevent suture wrongs from the injurious Prince For a Prince to invade the Dominions of another Prince or to assist such an aspiring Monarch to enslave his Neighbours is a just Cause for the injured Princes and their Confederates to oppose Force to Force to fight and conquer if they can and take the Crowns of such injurious Princes Nay it has been always accounted not barely a just Cause of War but an Heroical Act to subdue Tyrants and rescue their oppressed Subjects who either cannot or must not defend themselves To vindicate the injured and oppressed is what all mankind not only allow but applaud private men may do this against private Oppressors by a course of Law where they are under Laws or by private Force where they are not Princes who have the Power of the Sword may repress Violence and Injustice where-ever they see it for though they have no superior Authority over each others persons nor Jurisdiction in each others Kingdoms yet being under no Authority neither nor any Laws which forbid their redressing Injuries and relieving the oppressed it is so far from being a fault that it is great and generous to do it Every man in a state of Nature where there are no Civil Laws nor Government