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A52586 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. Nanfan, John. 1660 (1660) Wing N148; ESTC R3575 45,130 57

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given me the Kingdomes of the Earth And Daniel most full the Pattent of the King as extensive to all Creatures and Powers under him Dan. 1. ver 37 38. The God of Heaven hath given thee a Kingdom Power and Strength and Glory and in all places where the Children of men dwell the Beasts of the field and the Fowls of the Heaven has he given into thy hand and hath made thee Ruler over them all An Illustration of Gods dominion over all Creatures and acting by Kings his immediate Vice-gerents to the end of the 5th chapter of Daniel being nothing else then Gods clayming his Title over Kings as derivative from God and accountable to him Now all this is from the great end in nature that Kings being to rule the people which is Gods proper Office and Attribute all Power and all Dominion and all Providence being his they represent God and are his Image and Effigies in Ruling and Governing and this makes their dependance to be meerly of God and not accountable to any Power under God The nature of it is shewed in that of Saul as being the first King to the Jews and being the institutive of it comprehends the nature of it The person was meerly of Gods choice not left to the people nor any power left in them much less over the King In that day shall they cry unto the Lord sayes the Text That is 1 Sam. 8.18 no power to be against the Kings Power but an appeal only to an higher Power that is to God himself his Author and Founder they might complain of him that was set over them but had not any Authority of their own over him And this makes it in its nature to be the greatest trust in the World because there is no remedy against it contrary to Mr. Baxter's sense abusing the Term making Trust subject The reason of this absolute subjection of the People to Government lyes in the nature of it that no medium can be found betwixt power of Governing and liberty in the people as not Governed to be subject only to the good of Government is no Government at all or to be subject at all therefore of meer force from its nature it leaves nothing in the wills of the people so as no such mean or half being of it can be by any constitution provision or Policy whatsoever when it comes to Govern all those things though part of the Government yet come under the governing Power Now for the Originals of Ruling Powers ordinarily amongst men as to the persons ruling in such a Line and Succession we shall find it to be still from a first Power before it came to Governing Power the one introductive of the other for Power is its matter and nature for we see all Government is Power and the Power will govern Therefore equivocally the terms and names are used sometimes calling it the Government and sometimes the Power so as it is the same and signifies the same thing inseperables in nature Government and Power no remove can be in it for where the Power is there the Government will go along with it Hence it is that there is never any discontinuance in governing Power over the people In the most confused tumultuous War and distraction that ever was yet there is power still somewhere or other that contains the peoples liberty and subjects them so as there is not one moment or minute of time in the World where society and community of man is that there is any vacuum of Power to be over them and although powers devest one another yet the Series of governing Power is still continued and in all such removes of the Powers yet the Power never falls but is kept alwayes up and is in some still and is as inseperable from the People as the matter and the Form which never are asunder For that which we call Power out of the People it is not the people but a Power acting upon the People and in such a circumstance of it if it become too powerful for the Government then it becomes the Government it self Now having shewed thus the nature of it it destroyes all those imaginary Theaters that they would erect and build popular liberty upon and popular right over Kings They would fancy governing Power to be of the wills of the people and the people the Author so impossible an assertion as I only leave it upon what I have stated and how contradictory it is to nature in all consideration of it so as still the people is but the subject matter of Government never the Author of it nor does Government ever come below the people in the cause of it but must derive out of its own cause which is power to be above the people and so in all end and acting of it All this is still to explode that Monstrous conceit of the peoples instituting the Government or more Monstrous consequence of it the people as the first cause of it to dispose of it and destroy it It is observable in Government that Laws and Liberties come afterward to the people after power of the Government it self In the Norman Conquest all lay flatted some time under it till afterward as the Reporters of those times tell us that the party of the Conqueror or their Posterity did revive the English Liberties first the Conqueror's absolute will served them to expel and dispossess the Natives and after they were glad of establishments in Government to assure their own condition and what they had gained So as hereby we see Governments the farther they go on from their beginnings the more they take in of composition to their first single Nature so as still the Originals of Government are most absolute Hence it is manifest that Power is their Fountain and first cause as such is their Natures and the People's Freedom still is under Government and when Government is most confused then is their Freedom least so as still Power is over them and are alwayes subject to it let the Form of it be what it will To consider it in common Reason and Understanding the King took his Being from the People's Trust in Mr. Baxter's sense therfore the People are to dispose of him This were for the People not to be governed for then the Right were in the People and the King betrayed to govern under another Authority to make it accomptable Therefore this supposeth a Monster in nature and it would evermore make Government destructive to it self for then it doth not govern for where the end and ultimate of Power is there the Government is I shall insert something that is legal in this pertinent to the Case of the King of England how he comes to be King Sir Edward Coke that was a man popular enough in his third part of his Institutes pag. 7. saith That there is no such thing of the Kingly Being in England as an Inter-Regnum nor any Act confers to the making
deceived and abused to serve to others ends Object That they openly professed to manage their War for King and Parliament not against his Person and Authority but against Delinquents that were fled from Justice and against evil Councellers Answ Mr. Baxter would make their War just That it was professed and engaged to be managed for King and Parliament Certainly they did no more in this then all Subjects ever did that made War against their King that is to disstinguish the King's interest from the cause of the War A less pretension cannot be for a Rebellion Rebellion in the nature of it is so much a Monster as it seeks the best cover and never has the face to pretend against the King The fallaciousnesse of this he himself evinced in his following by saying or at least concluding That a subdued King is never fit again to rule over the People that subdued him We need no other evidence now then the things themselves so as we are to argue à posteriori from the ends and issues back to their causes that is that all War taken up by Subjects upon any pretence whatsoever or by whatsoever caution or limitation evermore in the nature of it intends the destroying of King and Kingdom Object That the two Nations of England and Scotland did in the midst of the Wars swear in the Solemn League and Covenant to be true to the King Answ Still this was but the same thing to strengthen the confederacy when at any time there should be a fainting or scrupling by the People a new engagement or profession to publick ends and to common preservation whereof the King was the Head would give new life to it And this was all the use that ever was made of that Covenant It never served the King at all but to beat him down and destroy him And all bringing the people into a body by Covenant is unlawful because Government meerly consists in having no contracts of the people acting of themselves And likewise the Covenant was not absolute as a Kings preservation should be but had a loose in it that made it nothing It was with a so far as consists with Religion Laws and Liberties The King's life and his Rights were not absolutely covenanted O God forbid there should not be an exception as to Religion Laws and Liberties and this a destroying power would be interpreter of So as this Covenant was like Nebuchadnezzar's Image the upper parts of Gold and Silver the lower parts of Iron and baser stuff but the truth is when men Covenant things contradictory as to fight against the King and to be true to him they cannot be expected to perform better for truth is of that Nature that though men abuse it ever so much yet it is unalterable Effects are certain to their causes and own their true Parents Object The Committees Commanders Ministers and People thorowout the Land professed openly to go only upon such tearms as managing but a defensive War against the King's miscariages but an offensive against delinquent Subjects Answ There is no such thing in Nature as a defensive War against a King by Subjects as I shall more clearly demonstrate in due place But in this Mr. Baxter grants as far as is possible to make it defensive necessary and of meer necessity on the King's part It was offensive against delinquent Subjects as much as to say it was a War on the Parliaments part to the destruction of the King's Subjects and the King must be unconcern'd in it sit by and be idle with-draw all protection and become immediately out of possession For such is the Nature and being of a King when an armed power is acting and the King sedentary and not resisting In a Kingdom a War cannot be against any party and not against the King for it deprives the King of his governing power Consider but what the Nature of a War taken up by the People is for his Senate signifies nothing he shall find the whole is but King and People First when it once becomes powerful it gains from its very unlawfulnesse a liberty to be governed by none for in unlawful actions they are all equals No obligation can arise but where there is a primary justice to fix it to and we see in this every thing that prevails never disputes right and the reason is because the whole is unlawful And I present this to Mr. Baxter's reason as it is visible to his observation to shew him that such a kind of War can be wicked but cannot find a Justice to govern it and his first of rebelling with caution and condition was a meer fiction His next is a Narrative only Object In that it was known that the Army was quite altered not only by a new modelling but by an intestine Jesuitical corrupting of multitudes of Souldiers before this odious Fact could be done And it was known that the corrupted part of the Army though the fewer did so excel the rest in Industry and Activity that thereby they hindred their Opposition And it is known that the Jesuited party that afterwards so many of them turned Levellers did draw unto them the Anabaptists Libertines and other Sects upon a Conjunction of Interests and by many sly pretences especially tying all together by the predicated Liberty for all Religions And yet after this the World knows they were fain before they could accomplish it to master the City of London to master the Parliament to imprison and cast out the Members and to retain but a few that were partly of their mind and partly seduced or over-awed by them to joyn with them in the work Answ It is incident alwayes that when a King's Power is dissolved all Wickedness and all manner of Factions and Divisions do grow up in the place of it for want of that Power to retain them and their own guilt still driving them on and being all equals in wickedness these are so natural Causes as I wonder any one can dispute them They ly all in the first Cause of taking away the King's Power all the rest results out of it And they themselvs had proceeded so far as to all Deprivations of the King and all manner of Imputations and Proscriptions as guilty of all the evill of the War setling him in the condition of a Traytor being King kept him in custody after they had bought him of the Scots and not enduring him to terms till the last when it was too late I grant his party would not have had the King bin killed A poor reserve when he is made incapable of any other condition If the People did but know what it were to subdue their King and deprive him of his Power they would never dispute terms of disposing him It is the same thing as killing it stays but the acting And this servs to all he says of this kind And let me insert this though I consent wholly to his Narrative that it is very ordinary and
King and Parliament and all their Vows and Protestations but as so many charms only to destroy the King because by other means they could not delude the people and now he confesses it concludes and consents to the reason of it that an exasperated King is never to be trusted again with his power over those that subdued him by this he destroyes his Covenant his Cause and the whole onely that served then and this now To drive this further because Mr. Baxter declares himself so in it as he can have no retreat out of it First fight their King subdue him be Victorious upon him make him Captive then kill him according to the Kings own sense and saying when he was in that condition That there were but few steps betwixt the Prisons and the Graves of Princes Now Mr. Baxter makes it his very Argument for the death of the King and so involves his whole Cause and Party in it has destroyed all difference and distinction and makes the death of the King natural and consequential to the first of warring upon him We see here how naturally falshoods betray themselves out of their own Arguments I shall not pass by the insolency and impropriety of his saying Conquered the King If Mr. Baxter were skilled in the Laws of England which is out of his Element he would know that there can be no such thing as a Conquest of Subjects over their King it is desertion or Treason not Conquest If he consult but nature it will tell him that that which is the proper strength existency and being of any thing cannot be said to conquer it no more then any thing can be said to conquer it self the being ceases to be if the essentiall do but divide from it Cook 3. Inst p. 12. Nay the voice and reason of our Laws would never call them Enemies but Traytors Enemies implyes a kind of equalls He sayes Object It was the Judgment of the Parliament upon the division Answ Upon their division their dividing from the King their Judgment was nothing but as private persons or wicked enemies all Subordination depends so upon its first Cause as dividing from that the beeing ceases to be In the next you shall observe Mr. Baxter over-rule Scripture to his own sense as he hath dealt in Politicks Object And that those that did resist the Higher Powers set over them by God are guilty of the damnation of resisters Answ This of Higher Powers here in Mr. Baxters meaning is of those that raised the War against the King that they were the Higher Powers not to be resisted Now I have not met with a greater violation of Scripture then this to make it a meer contrary to its self and destructive to the end it serves to not only indirectly but oppositely This Scripture proceeds from the Spirit of God directly for preservation of Kings and Mr. Baxter applyes it to the Kings destroyers makeing them the meer object of it in the act of destroying the King I have driven it thus home to fix it upon observation what a strange degree of falsifying and abusing Scripture in it and the horridness of the example and consequence of falsifying grounds and rules by which truths should be measured and creating false conceptions which are seeds of all wicked actions Now to clear out this more fully and directly past exception there is not one word or syllable in Scripture Doctrinally of any Power or Authorities since God Governed by his Prophets but still generally the intendment is of Kings and no other Form of Government owned in Scripture or ever intended that being only natural all Power consisting in unity of Power and evermore the Powers are intended as part of the Kings Power for there is no fraction in Government supposing it a Government so as all Power is ever but the Power of the chief Power So many signalls upon Kings and Guards for their fence and safety because if the head fail all the parts and dependency of the people must needs dissolve And here I shall take up again his words no more to be trusted with Government A Speech of great scorn and contempt upon Kings to make them the people's Servants and at their dispose to turn off when they will and to destroy and deriving no higher then out of the Peoples trust their beeing still but a depending beeing nothing being higher in nature then its first Cause and upon this basis they plant their Engine for pulling down debasing Kings and casting them into their Graves It is good therefore to see the relation that Kings have For so much as we see immediate of God in it which is not ordinarily in the things of the World but limited to the chosen people and when he appeared by his Prophets then most manifestly the Kings or at least the first Kings which shews the nature of it and right of it in all was from God leaving out the people at all in it to have any share in it All this legible in Saul David Solomon and in the removes of Kings by Gods special denunciation and sending by his Prophets The people the Executioners in some cases and circumstances so as there is no footstep or mark from God of the Peoples title over Kings or their making them or giveing them their power This in God special and appearing proves in all shews the nature of it for that which we see was done and of God and freely done and at first when no accident had been so as it was a meer promulgation out of nature and proper to the nature of it must needs be held certain to it and most reasonable to conceive of it Corresponding to these are the Texts Rom. 13.1 There is no Power but of God the Powers that be are ordained of God this referring to Kings for the words are after For Princes are not to be feared for good works but for evill and he is the Minister of God Power as Power is properly of God who is the Power ● Chr. 1.9 11. Thou hast made me a King over a People That thou mayest Judg the People over whom I have made thee King ● Sam. 16. ●er 1. I have provided me a King still pointing out his End and his Author The Texts are many more and clear it beyond all doubt or objection of man that Kings as Kings are Gods Creatures and derive not lower then from God himself as immediate to him Now because this was of the Jews a peculiar people to God we will see what evidence the Scripture yields in case of Heathen Kings Nebuchadnezzar an Heathen and Idolater was owned by God as his Servant Jer. 25.9 Nebuchadnezzar my servant Isa 45.1 And thus said the Lord to Cyrus his annointed Which is the highest emblem of Soveraignty annointing attributed to Cyrus as King that is that he had it vertually as King Ezr. 1.2 And Cyrus King of Persia The Lord God of Heaven hath