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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A77912 Constitutio liberi populi. Or, The rule of a free-born people. By William Ball of Barkham, Esquire. Ball, William. 1646 (1646) Wing B588; Thomason E341_1; ESTC R200893 15,838 28

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Constitutio Liberi Populi OR THE RULE OF A Free-born People BY WILLIAM BALL OF BARKHAM ESQVIRE In Deum Omnia Printed Anno Dom. 1646. TO THE HONOVRED The Right Worshipfull SIR FRANCIS PILE BARONET William Ball of Barkham wisheth health and happinesse SIR THE distressed Countie of Berks thinks it self happy in these unhappy times I speak in respect of the present extrinsecall calamities to have accesse for redresse to so worthy a Patriot as your selfe and my self also think my self happy in so honoured an acquaintance what benefit Berks hath my Pen may spare their Tongues speake what benefit I have I cannot gratisie but to shew or manifest Actum Amicitiae an Act or Terme of due respective friendship I have dedicated unto you this small subsequent Endeavour wherein if any thing may be worthy acceptation I request your acceptance thereof and to acknowledge Quicquid bonum Bonum Dei Quicquid malum malum mei Which courteous favour I know you will vouchsafe to LONDON this 12. of May 1646. Your Friend and Servant to his power WILLIAM BALL Constitutio Populi liberi OR THE RULE OF A FREE-BORN PEOPLE FIrst Reason is Queen-Regent of Humane Affaires by the sight whereof men discern to walke in the prudent paths of Morality and Policy even as by the Light of the Day they disc●rne to tread the paths of the Earth And albeit that this interior light of understanding is in Divine things d●rkened by the fall of our first Parent yet doth the Eternall Light eve● communicate to Mankind sufficiency of Reason I intend for worldly things thereby to direct his goings out and comings in according to the un-necessitating determination of God as it were by a cloudy Day-light though not a cleare Sun-shine whereby the Actions of men may severally be discerned 2. Not ●ong since I wrote a small Treatise intituled Tractatus de ju●e Regnandi ei Regni or the Sphear of Government the which a●beit I conceived that I had squared it according to t●e Ru●e of Reason yet some conceive that it wants its true proportion or line and that I have too much extended the In●●te liberty of the Free-bo●n People o● England to satisfie or otherwise convince such I have pu●●ished this Epitome of State-Ru●e or Government desiring all men to weigh and con●ider what I have written not with the Prejudicating Eye of Affectation whic● many times mis●eadeth apprehensive judgments but with the Ballance of Reason to ponder every Graine and if the weight ●e just and levell to approve and accept of it if ●omewhat too light to adde of their own understandings what is def●cient 3. It is certain that had Man never fell from his state of Innocence there had ●in ● superiority or rather priority in Nature viz. That the Parent ●hou●d have been known and reverenced as the Instrumental cause of the Child c. but there had bin no so●eraignty and con●equently no subjection for Spirituum coelestium datur supe●iori●as sive Prio●itas quamvis omnes ●isione beatifica perfruuntur non tamen subjectantur inter se vel ad in 〈◊〉 quia talis subjectio visioni 〈◊〉 cui Omnes illi spiritus ordi●antur opposita foret et Ratio est quia si natura est libera liberrima Glo●ia at summae libertali non conve●it subjectio subordinata preterea quilib●t spiritus caelestis apprehenden● Gloriam Dei per se vel in se non per al●um vel in alio non sufficiens habe●et beneficium ut se ●al●● creaturae subjiceret cum in Creatore perf●ctam simul omnium fruitionem habeat utcunque tendentiam Reve●enciae inferiores ordine spiritus supe●io●●bus B●nig●itatis superiores inferio●ibus adhibere probabile est had there been no s●nne there had ●een no need of a justiciating Power nor a Subject to which that Power could have determinated or terminated it self every mans Actions would have been regulated by the Eternall Law written in the hearts of men So that there had been no need of Additionall or Nationall Lawes wherefore by the way I cannot assent to the Opinion of that Gentleman Fortescue who said that all Mankind shoul● have been governed by the Lawes of England if Adam had not sinned in Paradise for by his favour if Adam had never sinned in School-Reason or Divinity he had either always lived in Paradice or else finished a compleat thousand years which the Apostle Peter calls a Day with God 2 Pet. 3. 8. and then had he either been assumed into Heaven alive or else if God had decreed a separation between his Soul and Body he had yeelded himself into the hands of his Creator sine do●ore mo●tis sine t●more paenae without pain of death or fear of punishment and had left his Earthly habitation to his posterity who should have possessed and enjoyed the same without any the least contention or controversie regulated onely by the E●ernal Law aforesaid But to return no sooner sinne but with it subjection entred as a cur●e and therfore God said to woman that she should not onely bring forth in pain which God would have di●penced withall if she had not sinned but also that her ●esir● should be subject to her Husband and he should reign over her Gen. 3. 16. It is very probable that if she had not sinned she should notwithstanding have tendred a re●erence to her Husband as more noble in Sex and created before her in time but she should not have rendred a subjective Obedience if disobedience had not made her subject 4 And albeit that subjection is a scourge of sinne yet it hath plea●ed the Almighty according to his divine will to cause some Persons and Nations to be more subject then other some many times enthralling and ensla●ing them by Tyrannicall or Imperious Instruments for their sinnes as the sacred Bookes of the Judges Kings and Chronic●es sufficiently declare and upon their Humiliation or for other secret causes known to his Divine wisdome he hath mercifully released or mitigated their yoak as the sacred Writ yea and humane Records testifie at large And sometimes God hath done this by speciall or miraculous meanes as he did to the people of I●rael sometimes by ordinary wayes as the Florentines albeit of late enslaved purchased their liberty of the Emperour for money and so also did other Cities of Italy and else-where in Europe others by plain defiance and Arms have regained their Freedome that is to dispose of themselves as did the Cantons of Switzerland the Provinces of Holland Zoland c. and either of these wayes may be said to be just for Id Iuris est quod Nationis est that is lawfull or Law which a Id ●uris est qu●d Nationis est id est Id Jure humane obligat Nationem intra se cujus consensu Generali quid constitutum est quamvis illud non sit semper synodice Juri Divino et rectae Rationi consentaneum et Ratio est quia