Selected quad for the lemma: prince_n
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A52586
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An ansvver to a passage in Mr. Baxter's book, intituled, A key for Catholicks, beginning pag. 321, concerning the King's being put to death by John Nanfan, Esq.
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Nanfan, John.
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1660
(1660)
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Wing N148; ESTC R3575
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45,130
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57
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to God's Glory and the worst of Man's Actions though all alike under the common Providence of God But a little further I desire his Patience to go along with me A King killed to day and the Regicide by his party becomes King in Fact and in Power to morrow then to morrow he obeys him with all Attributes of God's greatness Will Power Goodness and if him another on the next day then him too and so on still It is known that after it began in Nero how many Emperors came upon the stage of the World in a short space killing and dispatching the present gave being to the latter Now where will he define or place his Providence or bound Man's acting Certainly if at all in the first place for many reasons as the first loose or progression to Wickedness is the true cause of all the following and because there is a natural stay in the first which loosed the like is not found in the following The truth is it is a foolish thing to ty up Man's reason more in one thing than in another for if he argues things greater or higher to him he argues still but to his reason In the next he goes higher and like a Stone falling the nearer the Center the greater its force so he as he proceeds farther grows fiercer about the King 's being judged to death by his People and he extenuates the Fact by the formality of it I should wrong him not to give it him in his own words Object I must needs add that every wise man sees that the case it self much differs from the Papists If the Body of a Common-wealth or those that have part in the Legislative Power and so in the Supremacy should unwillingly be engaged in a War with the Prince and after many years blood and desolations judicially take away his life as guilty of all this Blood and not to be trusted any more with Government And all this do not as private men but as the remaining Soveraign Power and say they do it according to Laws undoubtedly this case doth very much differ from the Powder-Plot or Papists murdering of Kings and teaching that it is lawfull for a private hand to do it if he be but an Heretick or but deposed yea or excommunicated by the Pope Answ Mine thorow-out will give a larger consideration upon the whole But to his particulars as they pass from him First he saith have part in the Legislative Power and so in the Supremacy wherein he confounds them both together and makes it but one and the same To have part in the Legislative Power as to the altering of Laws or any other thing wherein it is exercised implies a right in the People as to those things and in the Nature of it a Negative Right That is that it could not be done without their consents and this Negative Right gives them not a farther Right Object His next is and judicially take away his life Answ The King 's own words at that hard time with him when they sate over him as his Judges are most worthy as from himself to be remembred He told them how far his case was their King from being judged by them when as all judicature was derived from him to them And certainly this alone of the King 's carryes Argument enough in it against all judging or condemning of King's or Supreams for no Power can create a Power against it self and nothing in nature can go higher than its first Cause A Power derived out of the King cannot be understood to be against the King He goes on to criminate the King whether his sense or supposition I know not Object As guilty of all that Blood Answ The King's unhappiness was to be made guilty because he was not able to defend himself And so shall every Prince be that is overcome by his Subjects they must be guilty to be destroyed Tyrants Wickedness do but prepare a guilt for the cruelties they mean to act It was the Kings own saying That he had not one foot of Land in his own Kingdom but what his Army stood upon It was not possible to be a more necessitated War than the King 's for all the World knows it was destiny upon him never persons so obdurate as to take no conditions never could find any Medium betwixt destroying their Soveraign and their own desperateness And the King's Interest wholly defensive not only for himself but for his Kingdoms and that made him say upon his death which seals all truths that he dyed his Kingdom 's and his People's Martyr It were easy to go upon demonstrative proofs in this but it would involve the whole Cause which we are to take in its parts Object And not any more to be trusted with Government Answ This is the reason in the Eye of the Law which sees to the end in the first act that all attempts to bring a King under any Power of his People are the same as to destroy him And this was resolved in the Case of the Earl of Essex he would seize upon the Court Camden's Annals p. 547 548. take the Queen into his Power not otherwise harm her remove from her evil Counsellors but honour her Person Now this was all adjudged high Treason in every circumstance of it because all depriving of a Soveraign Prince of his Power is the same as to destroy him Essex himself said before his death that the Queen and he both could not live and others the most eminent of his party acknowledged that though it were not their design to destroy the Queen yet it would have been the necessity of their proceeding if they had prevailed so as the effects of Rebellion Mr. Baxteâ— makes his Arguments Before I put an end to these Papers I shall resume again his words No more to be trusted with Government to make inquiry into the Rights of Kings and their Original to find their first Cause and to judge of their extent and terminations But at present to his next Object And all this they do that is take away the King's life not as private men but the remaining Soveraign Power and say they do it according to Laws Answ Mr. Baxter's Objective words without any proving brings every thing to a question as this hath two very great falshoods and high presumptions in it The one a Soveraignty in the Parliament the other a lawfulness of killing the King For the first which is made the conveyance to the latter to erect so high a wickedness upon a Parliamentary Supremacy to make them an expedient to kill their King is no more true than that there were two Kings in England two Suns in the Firmament of Government two Centers in a Circle two Infinites or any Impossibility that can be imagined But I shall have occasion to treat the Argument of the King 's sole Soveraignty in divers passages onely at present to it the Parliament is but a borrowed light all derived out
the nature of Jurors so that it is the King's Commission that authorizeth and distinguisheth them When a Writ of Error issueth out of the Chancery to the House of Peerâ— they derive their Authority meerly from that Writ For the three Reasons aforesaid the House of Peers is no Court of Judicature at all without the King 's special Authority granted to them either by his Writ or his Commission As for the House of Commons they never pretended to any Power of Judicature and have not so much Authority as to administer an Oath Thus far his But the Argument is not at all pertinent as to the House of Lords whom they have expelled and all Form of Parliament or Callings but in the People their ground is onely upon a House of Commons as the People's Representatives Nevertheless we take the whole and give truly the Nature of a Parliament for the perfectest way of rejecting Falshood is by delineating the true Form It is not imaginable for a King to govern without the assistance and assent of the Peers for Government cannot stand alone for as they are ever a party where any King is the Question is only of the Commons Prin's plea for Lords pag. 182. which is an Adjunct and therefore the Searchers into Antiquity take upon them to antedate them and derive them but as an Accident to the Government in England But to take it in the whole it being a truly poised Government and mixed Interest hath left so great a share in the People as servs to treat their King 's with and be at all times able to gain conditions And God forbid any Power should deny to the People's good it can be no end of Government and therefore he is not single or alone but hath common consent in the great Interests of the Nation changing or making Laws or making impositions He must have common consent to this and this draws all the rest to it since hardly any thing can move but by these two Interests and this is the ballance of the Government to make it hang equal betwixt Prince and People And the evils and mischief that sometimes redounds is from the abuse of it not from the Nature of it being the best composition of Government in the World and the People freer under it than in any Common-wealth Government which they call free Government the Reason is a Secret till looked into Physically that is this best of all to be seen in our late long odious Parliament there all the People's Liberties were swallowed up the People uncreatured as it were no defensive all in the Parliament when as in the King and Parliament the People have a direct party and a defensive as there shall be cause against any deprivation of their Rights There are some Signals of Kingly absolute Right which need but naming as the King 's Adviseray to Bills which he will not pass which was ever effectual as to a total condemnation So as here was no Power out of the King all reduced to him in his last Power of denying and likewise of pardoning And this needs not plead any right for it but right of Nature in reason of Government else without such a Power the King might be reduced to nothing And a King never falls or loseth his Power but he is lost in himself too He does not retain Kingly Government but on condition to perish with it And therefore all Laws are styled of Grace and petitioned for because the People till they are passed the Royal assent have but a Right in Reason to them not in Law only from the Supream Law of Salus Populi which is the comprehensive of all Laws The common mistake is because the King cannot do such and such things without the Parliament Ergo The Parliament governs the King Now as to this Many may be said to govern me so as to restrain me that I cannot go beyond my own Power and yet this no active governing Power over another this is the easiest thing to conception that can come into imagination Is there not where any Right is which we call property a power of denying And this is all the absolute Parliamentary power considered dividedly from the King and this vast inconsequence containing all the means almost to be King unless the King would break throw it which is the hardest task any King can go about yet nothing of the Nature of governing power no agency or efficiency in it by it self but only a meer Negative Because I am engaged in this consideration I will resort back to the state of the Question of a Parliament to be the highest Judge of the safety or danger of the Republick The Answer is direct that the King is the sole Judge of the safety or danger of the Re-publick as King he is only trusted and there cannot be two such judging powers for then there can be no determination when they stand in competition Therefore all the Powers in the Kingdom act subordinately to the King and not against or athwart the King's Power for that were for a Being to destroy it self The distinction lies in this that they have nothing to do with the King's Power but the People's Rights which they dispose of by the King's consent and not absolutely at all out of themselvs In this they may oppose the King's desire that is they have a Negative Power not to be compelled or the People to be put out of possession without them But where the disagreement is they are to acquiesce and so nothing comes of it and the King fails of his end this is the height of their power Their Bills which they are free to make contain in them Grievances to be reformed which implies complaint and consent whatsoever the King cannot do by his quality singly as King he doth by consent of the People and that is the Character of a Parliament the People for it directly represents the Universality the People and hath directly and truly no power but what is nationally and naturally the People's so as look upon that you find this and no difference at all in it hence consenting and denying giving aiding being natural properties of Rights are left to them as the People in them And this though great as to all the means of governing it doth not come near it so vast a difference is betwixt being free in mine own and having Power over anothers as no reason needs to be given of it Nevertheless the King as the common Interest is not to be supposed deficient of the Publick means that were unnatural therefore as to Government it self all means are lawful nor any thing so concerning to the People as to keep the temperament for when they destroy that they lose the means to their own good I might leave it here in its causes but I shall say something by way of President Queen Elizabeth the greatest Courter of her People and yet the best Governour would lose nothing of her