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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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Determining of Right or setling according to Right being things of a different species and not magis or minus in the same species But it is not amisse to take a little notice how the Gentleman opposes himself in his Book Page 4. he sayes it is resolved in the Earl of Leicesters Case that an Act of Parliament against the Law of God and Nature is void but this must be cautiously understood sayes he that I speak not of secundary or lesse principalls of Nature c. Pray let him tell me whether to dispose of Oakes or Stiles white Acre ad Placitum be not directly against the Law of God and Nature the Decalogue sayes Thou shalt not steale Thou shalt not desire thy Neighbours house c. and Nature dictates doe as thou wouldst be done unto Now he or they that dispose at their owne pleasure of theit Neighbours Acre or Acres do steale for that he or they deprive their Neighbour or Neighbours of their Right and Propriety they covet also for that they desire and acquire to themselves a power of disposing at pleasure they oppose also directly the Law of Nature for they would not have any one to dispose of their Propriety ad Placitum or at their own wills and therefore ought not to doe it to another so that if the King and Parliament should make an Act or King or Parliament make an Ordinance that they might dispose of all Subjects Estates ad Placitum c. they oppose the Law Plowdens Comment of God and Nature and even by his own citation and assertion it is void and I am sure it is also directly opposite to the Rule frame and constitution of a free Nation such as are the English being no Turkish or Muscovian slaves where the Rulers and Governours are but intrusted as I in my former Treatise have instanced for the generall good of the Nation And the Gentleman albeit he hath cavelled at me in the latter end of his Book yet hath he confessed and acknowledged as much in his Epistle Dedicatory in two severall places the first is by me already cited notwithstanding I will mention the words again which are all Power and Authority is given for Preservation and Edification nothing for destruction Dispositio mere ad Placitum est destructio desolatio and desolation the others in the same page are for by the fundamental constitutions of this Kingdom and the very frame and series of Government the Power is intrusted into their hands to superintend and supervise all other Courts of Iustice Now surely if Power be intrusted to t●e Parliament as truly it is then can they not go beyond their Trust to dispose of the Free People of England their Estates ad Placitum but onely to determine of them ad Rectum or Ius or to apply them ad necessitatem Regni to or for the necessity of the Kingdome of which necessity they are the ☞ Judges The Gentleman sayes that many a man marryes a widow that would be gladly rid of her children for my part I know not whether or no the Gentleman be marryed or whether he have marryed a Maid or Widdow but I am sure if he rightly consider it he may be glad to be rid of his sick-brain begotten Childe his Asseveration that the Parliament is unlimited and consequently may dispose of all the Subjects or Peoples Estates ad Placitum for I verily believe that no man found in his Intellectuals will harbour it or give it entertainment nor can himself sustain it 11. I grant him that the Parliament is the highest Deus est causa efficiens finalis mundi quia operatus est Omnia per se et propter se Populus etiam est causa efficiens finalis Parliamenti quia per se propter se illos eligunt c. Court extensive viz. to conserve Rule Order c. but the People in generall viz. the Counties Cities and Towns corporate are the highest or greatest Power Intensive in that they are the efficient and finall cause under God of the Parliament Now the efficient and finall causes are the most noble of causes nor are they or can they be subject or subordinate to their owne effects so farre forth as they are causes of such effects so that the Parliament can never deprive the Counties Cities and Towns Corporate by any Act or Ordinance whatsoever of their innate and inseparable Right and Power of Electing or creating Knights Citizens and Burgesses de futur● or for time to come whereby a Parliament might be instituted or assembled by any other way then by way of free Election no more can the Parliament deprive the free People or Nation of England of their Generall Liberty and Propriety for in these things the Sphear of the Parliaments Activity is circumscribed by the Nations large Bulke of Primitive or intensive Power Wherefore the Gentleman mistakes when he sayes page 89. It is impossible that the supreame Court in any Kin●d●me should be limited c. In these Precedents amongst free Nations all supreame Courts are d● facto limited as in Aragon Gene●a c. And for my part I cannot find that the Parliament In Aragon Valentia and C●●●lonia the three Estates or Cortes delos Regnos as they call them cannot alter so much as one of their Municip●l● Priviledges Practiceth an unlimited or absolute Power for amongst other things they have instituted Committees and Sub-Committees of Accompts not onely to vindicate themselves from the scandall imputed by some viz. that the Parliament should exact more from the people then the necessity of the Kingdome req●●●ed c. but also to give the people a generall satisfaction how and which way their Estates are applyed and imployed for the Necessity of the Kingdome 12. And now I think good further to satisfie the Gentleman and such as adhere or incline to his opinion aforesaid concerning the Primitive or Intensive power of a free People I have already aid that a free People are ever free to dispose and determine themselves in Bonum commune prout omn●bus visum erit to a generall common good as it shall seeme good to themselves and that they never part or parted with this power for that at what time soever they should doe it they cease to be 〈◊〉 liber or liber● subdit a free People c. And to make this Assertion more conspicuous and plaine I instance this simile Joynt Free-holders or Free-holders joyntly let a Lease for one thousand or two thousand yeares if the World endure so long with reservation notwithstanding of a continuall acknowledgment to themselves or otherwise the said Lease shall determine and cease to be and it shall be lawful for the said Free-holders their Heires or Successours to re-enter into the said Free-hold or Free-holds and to dispose and settle them at their pleasure even so a free Nation or People let a Lease of their power for one thousand two