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A77921 State-maxims, or, Certain dangerous positions, destructive to the very natural right and liberty of mankind. Laid down in a book entituled, The grounds of government and obedience; by Tho. White Gent. / Discussed, and both by Scripture and reason confuted, by Will Ball Esq; Ball, William. 1656 (1656) Wing B595; Thomason E886_6; ESTC R207341 17,284 32

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In such case I should have applied to the King and Parliament what Mr. White applieth to the Magistrate Ground 15. page 123. where he sayes So that in truth the Magistrate first by his miscarriages abdicateth himself from being a Magistrate and becometh a Brigand and Robber instead of a Defender And the People in way of Natural Preservation of themselves make Resistance against him But Mr. White applieth this to a Magistrate who should wrong or Tyrannize over a People in General and seemeth to deny page 129. that any Resistance may be made by a People to vindicate the wrongs of some Particulars for he saith If the wrong be done to Particulars we ought to consider that accidental harms cannot be prevented neither in nature nor in humane affairs and so are objects of pitty rather than of hope to be amended and to be tolerated rather in respect of the great good which is the common peace than expose all to such confusion as must be and ever hath been where the Government is in part placed in unexperienced hands I am not altogether of the Gentlemans opinion for besides the Rule of Humanity the Tye of National Amity obligeth a whole Nation to vindicate the wrongs of a few even by arms if no other Redress can be had especially when the wrongs done to some Particulars may manifestly seem to presage the Ruine of all I do not find that the Israelites had any special warrant from GOD to punish and suppress by Arms the Benjamites for not punishing such as abominably abused the Levites Wife or Condubine Judges 19. 20. yet for the wrong of one or two the Israelites hazarded the good of common Peace to do the good of Justice and surely they did Rationally for the good of Justice is to be preferred before the good of Peace albeit Peace is highly to be esteemed as a blessing from GOD yet Justice is to be esteemed as the Rule of GOD Regulating humane Affairs and though not formally yet finally omnis virtus for the Preservation whereof men ought to hazard Peace or Tranquillity Lives and Livelihoods as for that of exposing all to confusion c. it hath so happened when a giddy Multitude have rashly attempted somewhat against their high Magistate or superior Rulers but seldom or never when an whole Nation or People or the major or a very considerable part of them have prudently engaged against an over-lording Oppressor or Oppressors as in Switzerland and Holland I shall now return to instance somewhat more touching the former Government of England before I conclude the discourse thereof In England neither the King nor Parliament were to speak strictly the efficient causes of Laws primarily but onely secundarily The Reason is because the People tied the King by Oath to conserve the just Laws which the Peogle shall chuse or as some contend have In England the People had a National Innate power of Electing and Intrusting Representatives The Kings Writ did only appoint the time and place not give power as somehave supposed expressed chosen The People also nominated and as it were created their representatives in Parliament and although the Kings of England were heretofore born by Descent to their Kingly Office and so many times admitted thereunto before they took their solemn Oath yet the People alwayes admitted them with reference of their Oaths to be taken and kept or performed I therefore make this Argument 1. All Power which did primarily oblige by Oath and which did constitute Representatives was the primary Power of Laws or of Law-making 2. The People of England were the Power which did primarily oblige the King by Oath and which did constitute Representatives Olim Episcopi quidam Pontifices ut vocantur a Populo electi fuerunt ad denotandum Populi libere consensum erga Ecclesirsticos hoc Historicis notum est 3. Therefore the People of England were the primary Power of Laws or of Law making The major touching the King is manifest for first not any can oblige another by Oath but such as have some power over him wherefore it was truly said of an able Lawyer that the King was singulis major universis minor for indeed the People are primarily and intensively above any Kingly Power in respect Hanc rerum etiam Scriptura denotat de Mathiae Acts 1. de septem Diaconis Acts 6. of the end of Government which is salus Populi and therefore to be preferred before Majestas Imperii Secondly the Kingly Oath was in nature of Contract which obligeth between Contractor and Contracted Both major and minor are also manifest touching the Representatives it being evidently known by the Peoples former Indentures to their Trustees To apply what I have written touching the former Government of England I say where such Government or the like doth continue as in Holland The Prince of Orange was State-holder in Holland c. but not wholly intrusted so were heretofore some Princes or Princely Lords amonst the Switzers Switzerland c. albeit those People seldom plenipotentiate their Trustees without Limitations the Governours and Trustees abdicate themselves from the Government and Trust reposed in them by the People and are subject to their primary power alwayes intended and reserved for their preservation for every Free man hath a natural innate power in himself of himself and All united have a national innate power in All of All. I shall not take upon me to prescribe Rules of Government but onely say that that Government is best for any people to which the people will willingly submit and which they may or have power to reform by their Trustees or Delegates if it become greivous or burthensome unto them And so far Mr. White seemeth to assent Ground 1. page 7. saying Men are not wont to repine often at what themselves chuse and judge best for themselves especially if even after the action performed and peradventure the attempt failed yet the subject remains satisfied that it was best for him in those circumstances to do what he did I could wish that all Governours unlimited as well as limited would consider this not prefering their own self-ends or greatness before the Peoples selfimbracing Good Jamque opus exegi WILL. BALL FINIS
dictates that good is specified of or by an entire cause an entire object an entire end and therefore prudent Reason dictates also that GOD is to be loved for his excellency not for our own ends as the Devil falsly alleadged against Job and that man or all mankind is to be loved for GOD's sake because he hath dignified him with a Rational soul and not meerly for the use one man hath of another so that according to prudent Reason I should not onely have an inclination to do another man what good I can without mine own prejudice but even an Actual Application of what good I may prudently without my own wrong if he will accept thereof however I ought no way to wrong him but to do unto him being my equal in nature as I would have him do unto me would I have him do unto me good if I stood in need thereof albeit I were not able to require it I ought to do the like Would I have him do me no harm nor seek my ruine by depriving me of my natural liberty which is an individual power of what is lawful or by depriving me of my National propriety which is a legal Relation to a temporal benefit I ought not to do it to him Would I have him esteem me no otherwise than a peice of cloth or wood and to cut or shape me after his will fittingly for his use Why then should I esteem him no otherwise or shape him according to my use unless he freely give his consent thereunto Bruit beasts have a sensible estimation of those which are of their own species or kind kill but an hog and those of his own kind shall approach shewing their discontent by their grunting and endeavouring what they may to rescue their fellow-creature Beasts of prey although they fall out about their prey will not prey upon those of their kind Shall a man then prey on another by doing him harm or seeking his ruine or enthralling him against his will without any Offence or Demerit on his part Certainly this is so little sutable to manhood that it is worse than bestial and Mr. White his Positions before recited are so destructive to humane society that he may seem to some to be an Athenian Timon an hater of mankind And now I think it not amiss to deliver somewhat concerning Right or Due I frame therefore these Definitions Jus est Regula rectae Rationi undequaque consentanea Right or rather righteous dealing is a Rule every way agreeing to right Reason Lex est norma Politica Protectioni Ordini conveniens Law is a Politick Rule convenient to Protection and Order By the first every one having the use of Reason is tyed to do what good he may to another not prejudicing himself and to do as he would be done unto By the first also every man hath a natural or Ratinal Propriety to a livelihood for Adam and Eve had a Natural or Rational Propriety of the Garden Although Paradise in Respect of the Garden it self was in the Opinion of many but small yet in Respect of its extent it may seem to have comprehended the goodliest part of Asia moreover GOD could have enlarged it in case the Posterity of Adam had persevered in Innocence of Eden or Paradise GOD excepting by way of Prohibition the Tree of good and evil which Exception made a Propriety shewing what was theirs what not and doubtless had their Posterity persevered in the state of Innocency they had had Propriety of Food peradventure of Rayment and Ornament Regulated by right Reason without confusion or contention probably Paradise might have been proportioned to the children of Innocence as was the Land of Promise to the Children of Israel but since the fall of Adam natural or Rational Propriety fals under Legal and Individual of which in Order By this Rule likewise the will of one man having the use of Reason is not subject to the will of another any further than he subjugateth himself for although conjugal subjection was pronounced against Eve Gen. 3. 16. as part of her punishment for her disobedience toward GOD which subjection was As conjugal subjection was from Eve Traduced to her Sex so from her Potential sub●ection that is to say that the will of one man might Positively not naturally be subject to the will of another was Traduced to all mankind even as was the Original Aversion of the mind from GOD and Rebellion of the flesh against the spirit Traduced from Adam traduced to her Sex yet neither men nor women conjugal subjection excepted are De Jure naturali subject one to another being by nature equal as are the Angels in heaven amongst whom there is onely a superiority of excellence no soveraignity of Power one over another for that would not be agreeable to their free compleat and continual fruition of God in the Beatitude of Glory the most perfect of all states But some it may be will say that Children by the Law of Nature are subject to their Parents In which I say there may be a mistake for if Adam and his Posterity had persevered in the state of Innocence there had d been such an Harmony in nature that the Child should not have offended the Parent and then there had been no cause of soveraignty and subjection but onely of Paternal Love and filial Honor so that Children are not subject to their Parents by the rule of pure nature but in regard or respect of depraved nature Moreover in the Decalogue it is written Honor thy Father and Mother as the Instrumētal causes of natural Being it is not written be wholly subject to thy father and mother as to soveraign Lords over thee We know that sons and daughters who have attained to the mature Ripeness Subjectio Filialis est tantum Reverentia Naturalis erga Parentes in Finem debitum of convenient Reason may not onely in matters of Religion but even in the Latitude of morality with due Reverence admonish and reprehend yea and legally oppose their Parents In England when any one under age is bound Apprentice it is specified or signified in the Indenture that he or she were so bound not onely by consent of their Parents or Friends but by their own consent to signifie that he or shew was not bound but by their own voluntary submission Thus much of the first Rule By the second Politick Rule of Law men have their several Proprieties of Meum and Tuum Individually sometimes by way of Legal Possession which is facultas Positiva aliquod bonum mundanum comprehendens a Positive faculty comprehending a worldly Good So it is of House Land c. sometimes by way of Legal use which is Applicatio Positiva alicujus Boni mundani a Positive Application of some worldly Good and so it is of money and other Chattels which a man applieth to his use Sometimes also by way of Legal Office which is Potestatis alicujus