quam in communi periclo esse negligens That which caused these my humble addresses to your honour was to answer the querulousnesse of some persons who have bid defiance to the Armies of the living God fixing their challenge upon my selfe with whom after conference had I appeared thus publickly as a Souldier in the field that waiteth his enemies motion Yet being little as David to encounter with the great Goliah's of the adverse part I herein crave your Lordships wonted patronage and hence forth I shal hold on triumphing In Gods praises who hath safeguarded your person succeeded your Armies and recovered our Liberties and in my constant prayers shall ever remaine Your Excellencies most obliged though most unworthy Servant in the patience of the Saints and in the hope of the Gospell JOHN AUDLEY To the Reader Friendly Reader IN this Treatise I have refused digressions save only to follow the objectors wandrings I have neglected invectives name and thing to prevent thy prejudice I have also laid aside wisdome of words not affecting vainely to glory in men Simplex nudaque veritas and perfit men will looke to the matter Likewise I have avoyded formes of words and of things made ready to the hand not willing to boast of another man's line I have not made it my businesse to intermeddle in transactions past viz. about the late King's execution the House of Lords removing the purging of the House of Commons for thy satisfaction in these I referre thee to the Parliaments Declaration for no more Addresse to be made to the King to the Lord Presidents speech afore the Kings Sentence to Mr. Cookes appeale upon his Triall to Eleutherus Philodemus his Vindication of the Parliament and the Souldiery to Mr. Potters Vindication of the Army to the Army's Declaration on their last March into Scotland and to my Lord Generall Cromwells Letters to the Ministers and to the Governour of Edenburgh Castle My Engagement herein is mainely for the Common-wealth of England and the present Government thereof as it now stands willing to give thee some grounds of the peoples Freedome in stating of it and of the justice of the Parliament and the Army in acting by the present Authority for the information of all such persons as doe not wilfully close their eyes against right Reason Truth and Equity yea against the Scripture also the rule of right And how is it that of your owne selves yee judge not what is right Luk. 12. 57. Have not the faults of Kings made the people blamelesse when they deposed and put some Kings to death see E. Philodemus giving thee instances for this in seven Nations Be not partiall in your selves but by their example learne yee to shun Idolatry Blasphemy Pride Extortion Rapine wilfull Murder and all other sins for which things sake God hath threatned with death evill Rulers as he hath done other men God will chasten with the rods of men even Kings if they commit iniquity 2 Sam. 7. 14 15. Be thou thankefull for the present Government and thy mercies thou hast under the same at least be not grieved that there is a man yea many men come that seeke the welfare of Englands Common-wealth The Contents PART 1. The Liberties of the people Section 1 THe rise of man's Freedome Pag. 1 2. The Lawes of man's Freedome ibid. 3 The properties of man's Freedome p. 2 4 The Consequents of man's Freedome p. 3 5 The helps of man's Freedome p. 4 6 The principles of man's Freedome p. 5 7 The causes of man's Freedome p. 6 8 The forfeit of man's Freedome p. 8 9 The Lawlesse have no Freedome p. 9 10 The intent of the Law is the maine of the Law p. 10 11 Divers kindes of Freedome p. 11 12 Divers formes of good Government p. 13 13 The Peoples Freedome to chuse their Rulers p. 14 14 No Freedome to chuse Rulers without just cause ibid. 15 The occasion of chusing Rulers p. 15 16 Just Governours chosen to be upheld by the people in Epist. ad populum p. 16 PART 2. The Priviledges of Parliament Position 1 CHristian Rulers are not by Succession but by Election p. 18 2 The claiming a Kingdome or Common-wealth without the Peoples consent is Treason p. 19 3 Second-Treasons not pardon'd ibid. 4 Wilfull Murder is death ibid. 5 No pardon to a Murtherer p. 20 6 No Treason to be tolerated without any manner of punishment p. 21 7 Malefactours silent upon their charge to be taken for guilty ib. 8 Good Governours to protect good people against evill-doers in Epist. ad magnates p. 21 22 PART 3. The Rights of the Souldiery answering objections 1 NO bloud to be shed but in case of necessity p. 24 2 Evill doers the only cause of bloud-shedding p. 26 3 Justice in punishing evil-doers is thanke-worthy to God ib. 4 There is a Law Church and State without King Lords Bishops and their Lawes p. 27 5 No man can justly call any Kingdome or Common-wealth his owne inheritance since Christ the Heire of the world was unjustly killed p. 33 6 Kingly Government may be changed when the power is abused p. 34 7 In what case enemies are to be prayed for or punished p. 35 8 For what cause this State put the King to death p. 36 9 Touch not mine anoynted brings reproofe to Kings sinning against the People no impunity p. 37 10 Gods Judgements are written against Apostate Kings as well as against Heathen Kings p. 38 11 Christians may warre against evil-doers if case so require in Epist. ad milites p. 38 39 PART I. The Liberties of the People The Rise of Mans Freedome MAN is considerable in a threefold Capacity of Nature of Nation and of Religion And he hath a threefold Liberty according to his divers Capacity In Nature a Liberty to preserve himselfe as by the law of Nature In the Nation a Liberty to preserve himselfe and the people as by the Law of his Nation In Religion a Liberty to preserve himselfe and the People of his profession as by the Law of God of Christ and of the Gospell Every English-man born hath the freedome of his Nature and of his Nation but the Religious English-man hath a right to be every way free by all Lawes whatsoever The Lawes of Mans Freedome The Law of Nature is That man should love himself for no man ever yet hated himselfe but nourisheth and cherisheth himselfe Eph. 5. 29. The Law of Nations is That a man keep himselfe against the disorder of Creatures not containing themselves within the bounds of Nature As yee would that men should doe unto you do yee also to them likewise Luk. 6. 31. All our National Laws are grounded on this and relate to this The Law of God is To love the Lord thy God with all thy heart soule strength and minde and thy Neighbour as thy selfe Luke 10. 27. Where the love of God must be with the deniall of a mans selfe and of his neighbour also
State still In the want of Bishops here is a Church still And in the want of the Statutes of Omri the Bishops Lawes I mean their lacks not Lawes to Rule and Governe the people by even now though lawlesse persons grudge and acknowledge them not for even the Souldiers or some of them have by law suffered for their own evill doing Wherefore if men doe onely that is right in their own eyes it is not for want of Rulers nor with the toleration of the Magistrate let not our State beare blame for that But why may not he meaning the King of Scots desire his owne objection 5 his owne inheritance No man can be right Heire to any earthly Kingdome since Christ the Heire of all things was deprived and Crucified Duke William got his power over this Kingdome not by inheritance but by Conquest and the Heire was in this Family put besides the Crowne and many more since that as Eleutherus Philodemus largely sheweth Now the King of Scots for whom you plead must either plead Conquest from the Conquerour or succession from his Father because you say this Common-wealth is his owne whereas indeed neither Victory nor Succession gives any man right to reigne over a people only Reddit idoneos it makes men fit Vti Rex Jac. Moreover the Kings of England were formerly such as the people did chuse as Mr. Cooke in his Appeale hath observed from the forme of their Oath for when King of England were Crowned they bound themselves by Oath to rule the people according to the Lawes of this Nation also the people either chose or accepted them for their Kings hereupon engaging their Allegiance to them The old King Charles by his Hostile Breaches of his Oath dissolved the people from their Bond and from their Obedience too he forfeited his Kingdome and ceased to be King As for the King of Scots he had neither election nor approbation from this Common-wealth nor from the Representative thereof the Commons in Parliament and his claime without the peoples consent gives him no more title to reigne here then Absalom had to rule Israel who designed to be King while David was King there and ruled well also for so the People of England have chosen or accepted other Governours according to their Liberty their Liberty being as theirs was in the Common-wealth of Israel who desired Elders Judg. 8. 22. Chap. 11. 6 11. Ah objection 6 they have taken away the life of the former King a vertuous King a Divine King and they will have none of his Race to reigne after him If his life be taken away it was not for his vertue nor for his Divinity neither Where were his vertues seen in his latest governing he proclaimed and waged warre against his best Subjects the Parliament and his good People was this a vertue in a King set up to fight for the People for this the Commons of England in Parliament have declared him a Tyrant now Tyranny is no vertue and when in the face of Death he used a forme of Prayer taken out of Sir Philip Sidny's Arcadia he proved himselfe neither Vertuous nor Divine and if his Sonne walking in his Fathers steps be also cast off from reigning in England it is according to Gods Law If he beget a Sonne that is a shedder of bloud shall he then live he shall not live he hath done all these abominations he shall surely dye his bloud shall be upon him Ezek. 18. 9 13. by which Law he is cast out of this Kingdom and out of the Land of the living too Thus Jehu rooted out murderous Ahab and all his race so Jehu slew all that remained of the house of Ahab in Iezreel and all his great men and his Kins-folke and his Priests untill he left none remaining 2 King 10. 11. True it is Kings were of old Divine being promised of God to Abraham Kings shall come out of thee Gen. 17. 6. And some were by Gods appointment anoynted Kings as Saul and David but of all Kings since Christs death it may be questioned Whose are all these For after the Scepter departed from Shiloh what man after Christs death was ever Anoynted King by Gods Command After the Jewes had killed the Heire they said So the inheritance shall be ours Mat. 21. 38. It became indeed theirs by force of violence because they seized on it not by course of Nature nor by inheritance nor gift but Conquest made Kings Kings indeed were supreame Vt caeteris hominibus praeirent praelucerent To use King James his phrase that they may excell others in doing service to the people as wel as being in place above the people not to magnifie their Name but to minde Kings of their duty But even Kings with all their supremacie were all but Kings of this World after Christ their Kingdomes Kingdomes of men Dan. 4. 17. being chosen by men as the Kings of the Nations at first Kings of the earth 2 Chron. 9. 22 23 26. Kingdomes of this world Revel. 11. 15. They were {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} an Ordinance of man 1. Pet. 2. 13. So changeable they are as the people see just reason and cause for it E. Philodem p. 56. altering the forme of Government for the substance sake and preferring the greater before the lesse even Religion towards God and the Liberties of the people afore the Person of the King therein not breaking but keeping the Covenant according to the equity thereof Vide the Declaration of the Army marching into Scotland wherefore The Kingdomes of this world are become the Kingdomes of our Lord and of his Christ and if the Powers that be doe not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} feed the people by ruling over them their power shall be likewise broken as this of England hath been be the Nations never so angry Revel. 11. 15 17 18. then no marvell if his servants serve him The Brazen Serpent in the Wildernesse was ordained by God but Hezekiah seeing it abus'd to Idolatry beate it to powder threw it into the river and cald it Nehushtan 2 King 18. 4. and if this State have for his pride and tyrany brought this man downe into the dust of death and rooted out all Kingship after him Righteous art thou O Lord and upright are thy Judgements Psal. 119. 137. when King Amaziah turned from following the Lord they conspired against him pursued him to Lachish and slew him there 2 Chron. 25. 27. 28. no man ever was questioned for it Thus that English King lived like Rehoboam following the young mens counsell spake roughly and armed himselfe against his owne people 2 Chron. 10. 13 14. 11. 1. and he dyed like Jehoram who reigned wickedly and dyed without being desired of the people 2 Chro. 21. 19 20. But he hath received that recompence of his errour which was meet and loath should I have been to have raked up the dead-mans bones againe but in defence of
the living and of our just State It hath been said objection 7 Pray for your enemies Yea we pray for our enemies in pitty to them yet not to prosper them but that they may be kept from evil-doing Againe we must discerne between our enemies and Christs enemies for we may not bid God speed to Christs enemies who bring not his Doctrine Joh. 10. 11. Jehosaphat had this warning Thou shouldest not love them that hate the Lord 2 Chron. 19. 2. yea David hated them that hate God rightfore as though they were his enemies Psal. 139. 21 22. and he often prayed against them Be not mercifull O Lord to wicked transgressours Psal. 59. 5. or to such as offend of malicious wickednesse Also we must discerne between our owne private enemies and the Common enemies of our Country Omnes omnium Charitates patria complectitur Cicer. 3 Offic. Private interests are all comprehended in the Publick he deserves no pitty who pitties not the Common-wealth although there be a pretence of pitty to the enemies of our Country A publick spirit loves Christ afore his Country and his Country above himselfe and if above himselfe then above the enemies of Christ and of his Country much more alwayes preferring his Country and the welfare of them that love Christ therein above the enemies of his Country who ever they be both in our Prayers and Praises in our Counsels and in all our services of Peace and Warre for the King and the Parliament are Majores singulis yet they are Minores Vniversis see vox militaris and as totum universum est majus suis partibus A rotten member must not be spared in pitty to the whole Ense recidendum est nè pars sincera trahatur True it is in common infirmities the rule is Forgive and it shall be forgiven you Luk. 6. 37. for Love covers a multitude of sins 1 Pet. 4. 8. In crying sins and in criminall cases the Law is Thou shalt smite them thou shalt utterly destroy them and shalt shew them no favour Deut. 7. 2. In case of ignorance we pray for our enemies Father forgive them they know not what they doe Luk. 23. 34. But in case they offend of malice we pray against our enemies Let death seize upon them let them goe downe quicke into hell for wickednesse is in their dwellings and amongst them Psal. 55. 15. You have power on your side objection 8 and your profits by the State and no marvell you speake for them I never received reward from the State to speake for them yet I have cause in duty and thankfulnesse to speake for them in as much as I have received from them and if I speake for them yet I speake the truth of them They put the late King to death 1. Not privily as Zimri slew his Master but they brought him forth to his Triall publikely and legally had he had any thing to say in his owne defence for clearing himselfe of the Crimes charged against him 2. Nor did they this as Zimri slew his Master in his drunkennesse a personall sinne against God and himselfe 1 King 16. 9 10. but they did it for his sins against the Nation and this English people even as King Joash who was slaine on his Bed for cruelty and ingratitude against the Sons of Jehoiada the Priest who had anointed him King 2 Chron. 24 25. And as King Amon who was slaine on his Bed by his Servants for his open Idolatry 2 Chron. 33. 21 22 23 24. 3. They put him not to death pretending a jealousie without cause as Saul would have slaine his Sonne Jonathan for pleading for David and would have killed David for that as long as David liveth nor Jonathan nor his Kingdome should be established 1 Sam. 20. 30. 33. 4. Not for small matters as the Corinthians went to Law 1 Cor. 6 1 2. 5. Not for a seeming cause as Saul for his rash vowes sake would have put Jonathan his Sonne to death had not the people rescued him 1 Sam. 14. 24. 27 43 44 45. but it was for a cause reall great open and manifest a breach of Trust and of his Covenant with his people for setting up his Standard and warring against the Parliament who desired and endeavoured to punish evil-doers whom he favoured A publike Nationall Offence True I doe honour this State and if mine enemy should write a Booke against me for so doing I should binde it to my shoulder for God hath honoured them with many succesfull Victories over their enemies and with much love of persons well-affected to God and Christ who also doe returne their honour to God and to the People that did chuse them making the welfare and common good of the People their supreame Law being true Keepers of the Liberties and peace of the People and needs must I speake write and pray for their peace Let them all prosper that love them Touch not mine Anointed objection 9 and doe my Prophets no harme Psal. 105. 14 15. and how then dare any man touch or harme a King This question hath been 〈◊〉 moved and as often answered but I say it were rather 〈◊〉 asked How dare any man touch or harme his Prophets and his People which both are his anoynted there not to be touched or harmed no not by Kings themselves for God reprooveth Kings for their sakes ver. 14. For Kings are not therefore the Lords anoynted because outwardly anoynted by men Oleum est tantum signum judicium Ja Rex But the Lords prophets and people were inwardly anoynted and sanctified to be the Lords vide Geneva notes in margin for the Saints in Christ have this honour to execute the judgement written against wicked Rulers with a two edged sword in their hands to bind their Kings in chaines and their Nobles in fetters of iron Psal. 149. 6 7 8. Yea objection 10 but these were Heathen Kings as it is said To execute vengeance on the Heathen and corrections upon the people vers. 7. What difference between heathens by Nationall profession and heathens by un-christian conversation for what do heathens more then they In their works they deny him Tit. 1. 16. They eate up my people as men eate bread Psa. 53. 5. and so do these Kings who cease to be Christian in their deeds Yea and judgements are written against unchristian Kings as against heathen Kings and other sinfull men if yee shall doe wickedly yee shall be consumed both yee and your King 1 Sam. 12. ult. For their thus sining is the case of those circumcised who became uncircumcised forsook the holy Covenant joyned themselves to the Heathen and were sold to doe mischeife In the dayes of Antiochus 1 Macchab. 1. 16. Christian Kings in name turn Heathens when they break asunder all bonds of Nature Nation and Religion too And they become punished as heathen Princes be When Nebuchadnezzar in his pride became a beast his own people turned him out among the beasts untill he should acknowledge the God of heaven that rules in the Kingdome of men and gives it to whomsoever he pleaseth Dan. 4. 17 18 20 34. To the Valiant Commanders and Watchfull Souldiers Epist. GEntle and contentfull Souldiers It was an old Question of one Hetruscus Whether a Christian may in any case go to war It s answered he may for to doe justice and judgement is more acceptable then sacrifice Prov. 2â— 3. And it s answered by Osorius de Nobilit Christian lib. 3. Respublica non possit stabiliri nisi armorum praesidio qui militem â—ollit Rempublicam funditus evertit Christus poliâ—eias non eripuit sed in melius instruit The Common-wealth cannot be stablished unlesse it be guarded with Armes Take away the Souldier and yee overturne the Commonwealth Christ would not abolish Civil Governments but forme them for the better he neither tooke the axe from the Judges nor did Paul deny the sword to the Magistrates nor did John Baptist disarme the Souldiers but prescribed them lawes of innocency and moderation Do violence to no man and be content with your wages Lu. 3. 13. yea Paul cals the Magistrate a Minister of God to thee for good thou doing well and saith he bears the sword to execute wrath upon them that doe evill Rom. 13. 4 5. Indeed it were much to be wished by every Christian that aâ—l men may contain themselves from doing evil that there were not this occasion given for punishment for war for thy people shall be all righteous then thy officers shall be peace thine exactors righteousnesse the Lord will hasten it in his time Isa. 16. 17 21. But since that time is not yet and this cannot yet be yee must remember That Nation and Kingdome that will not serve thee God and his people shall be wasted v. 12. impetus hostium est armis depellendus civium audacia est ferro reprimenda The boldnesse of vice must be reprooved with the couragiousnesse of vertue Our fathers of old were led by the spirit for the rebuking malefactors and we know that vengeance in a private matter becomes valour in the case of a Commonwealth Patience in personall injuryes does in Nationall wrongs assume a magnanimity invincible as Joshua did and it was a fruit of their peace with God When our fathers undertook Sanctissima Bella contra sceleratos most holy wars against notorious offenders for what peace so long as Jezabels whoredoms and her witchcrafts are so many 2 King 9. 22. The end of war upon the wicked should be the quietnesse and peace of those that are godly and honest Humbly acquaint your selves with God and be at peace among your selves Couragiously follow the Captaine of your salvation patiently carry his crosse after him faithfully commit the safe-keeping of your souls in weldoing to him and let us pray also for the peace of Englands Common-wealth Amen FINIS Sect. 1. Sect. 2. August Sect. 3. Destroy Sect. 4. Sect. 5. Sect. 6. Sect. 7. Ames Cas. li 5. cap. 22. Vrsin Sect. 8. Sect. 9. Sect. 10. Sect. 11. Sect. 12. Sect. 13. Sect. 14. Sect. 15. Answ ☞ Ans. Ans. 2. Ans. Ans. Answ Ans. Ans. Ans.