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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