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
ENGLANDS COMMON-WEALTH Shewing The Liberties of the People The Priviledges of Parliament and The Rights of the Souldiery WITH Epistles to the Persons mentioned concluding the severall parts hereof Written by John Audley a Preacher of the Gospel and a well wisher to them that imbrace it Prov. 29. 2. When the righteous are in authority the people rejoyce but when the wicked are advanced the people mourn Hebr. 13. 17. Obey them that have the rule over you and submit your selves that they may doe it with joy and not with griefe Illud belli genus quod pro salute publicâ religionis incolumitate suscipitur ita Christo acceptum esse ut etiam presenti ipsius numine Administretur Christi religio exercitationem militarem non impedit sed eam mirandum in modum confirmat Cum omnem formidinem firmissima spe immortalitatis cripiat ad veram gloriam incredibiliter inflammat Soli qui ad Christum adspirant verum finem respiciunt fortes magnanimi sunt existimandi Osorius de Nobilitate Christianâ libâ—ter LONDON Printed by R. I. and are to be sold by Livewell Chapman at the Crown in Popes-head Alley 1652. Eve's sin man's snare man's help 's the woman's seed No man lost by her Christ did help at need Good out of evil came scape out of snare Love hath found out the way to man most rare All men may now see how that the wise God New wayes doth take to comfort with a rod Did mans first healing by Christs bruises come So peace by war becommeth Englands Doome Come people see what wonders God hath wrought Out of death life he well to light hath brought Mind well his workes who curse to blisse did turn Man of all creatures hath no cause to mourn Own God with us yee Nations o're the world No God like ours in mercy so extol'd Well may the Kingdoms fear and stand in awe Eaters give meat from strong we sweetness draw All laud to God who hath our tunes thus turn'd Lord who can tell how long thy people mourn'd Till thou didst change their sighs into a song High in thy praise this Commonwealth among J. A. To his Excellency the Lord Generall CROMWELL My Lord YOur just dealing with your Adversaries is matter of reall Honour to your Person your enemies themselves being Judges your instructing the ignorant your rebuking the obstinate your remitting the Penitent your protecting the Innocent your keeping Covenant and conditions of Articles with all men have manifested your proceedings both of Warre and Peace to be truly Honourable to them but especially to us who have heard how Judah-like you have ruled with God and have been faithfull with the Saints Hos. 11. last Your silence before the Lord when a cloud was upon the Campe had great confidence when the Lord went before you like a Pillar of Fire by night shining upon your wayes and telling you that you should be to your enemies as Threshing instruments with teeth Isa. 41. 15. and this your confidence in God what boldnesse wrought it before the Battle and what humblenesse of minde after the Victory refusing honour of men when God had put glory upon you in sight of all the world It hath been said Before honour goeth humility Prov. 15. 22. That may be an humblenesse as of necessity but that humblenesse which followeth honour is ever matter of lasting praise for Honour upholdeth the humble in spirit Prov. 29. 23. and victory over a mans selfe is the greatest conquest Fortior est qui se quà m qui fortissima vincit Maenia Yea this your confidence uttered did put life into your Counsels courage into your Resolutions made your Forces more forcible and active so as they did the work of the Lord effectivè both against the Presbyterian interest at Dunbar and the Royall interest at Worcester For there fell downe many slaine because the war was of God 1 Chro. 5. 22. God is the judge himselfe to whom both parties at Dunbar made their appeales God hath pleaded the cause of his people and since these appeales hath given sentence for you now twice By this I know thou favourest me because mine enemies doe not triumph over me Psa. 41. 11. The issue must no longer passe under the vaine titles of meer events and chances of war The Kingdom is the Lords and he is the governour among the people all the ends of the earth shall come and declare righteousnesse unto a people that shall be borne that he hath done this All men shall heare and feare and declare the worke of God for they shall wisely consider that it is his doing The righteous shall be glad in the Lord and shall trust in him and all the upright in heart shall glory Psal. 64. 9 10. It hath been the wonder of all lands to hear of England how the meek of the earth here have formerly borne all manner of yoaks and oppressions under Royal and Episcopal Rulers and how they have lately risen like Gyants and men of might for recovering their liberties to defend their just rights and to bring wrong doers to condigne punishment As if the judgement against Moab written had been sealed upon their hearts Cursed is he that doth the worke of the Lord negligently and cursed is he that with-holdeth his sword from blood Jer. 48. 10. Neither regarding Nature nor Nations that they might execute Gods judgements against an Idolatrous people And 't is observable God had said distresse not Moab Deut. 2. 9. til Moab had thus sinned But after Moab had committed Idolatry a sin against the Nation of Israel he shall beare his curse that spares Moab any former command of God to the contrary notwithstanding Sinfull mens changes justifie God and good men in these great changes of times Now England is delivered from her enemies and the people dwell safely through the mercy of God under your hand I humbly desire this that after all publicke expeditions against open enemies you may now keep your selves from foes of your own houshold from friends of your owne Councell for Christ himselfe was betrayed with a kisse wounded in the house of his friend Gallant Judas was treacherously slaine by Demetrius And good Jonathan captivated by Triphon pretending kindnesse to him Maccab 9. 18. and chap. 12 13. Cura teipsum cautus esto nè fidas Set the Lord God alwayes before you waite for his counsell let impartiall justice be your greatest designe and go on in this thy might be not perverted by envy or flattery of men So run that you may obtaine in due time you shall reape if you faint not You now chuse affliction with the people of God and hereafter you shall with them partake in the recompence of reward when the dead in Christ shall rest from their labours and their works follow them For my selfe that which made me write was that others might not be burdened and I eased for Nullum genus crudelitatis majus
first Samuel chose Saul King then the people and Benaiah Nathan and Zadok first chose Salomon King the generality of the people freely suffering the choyse afterwards the rest of the people came in approved the choyse and renewed the Kingdome 1 Sam. 11 12. But the people of Israel gave not their approbation of their Kings chosen by the better sort untill the persons chosen had given them some singular proofe of their valour as Saul did or of their wisdome as Solomon did when Nahash the Ammonite was destroyed and the City of Jabesh Gilead delivered by the hand of Saul then the people cried Who is he that said Saul shall not reigne over us bring the men that we may slay them and all the people went with Samuel to Gilgal and there they made Saul King 1 Sam. 11. 14 15. Likewise when Salomon had given Judgement between the two women both claiming the living childe they feared the King for they saw the wisdome of God was in him to doe Justice So Salomon was King over all Israel 1 King 3. 28. 4. 1. Thus here in England when the Peoples Trustees by Counsels in Parliament had often delivered this Common-wealth from their enemies hand and had from among their Brethren of the same Nation and Religion set up Keepers of the Liberties of the people by Authority of Parliament approving the choyse made have liberally laid out their persons and estates for the safety of their Rulers and of themselves People may not chuse new Governours without a cause Governours being chosen the power lyeth in them effectually provided they rule well and their people may not chuse new Governours without the consent or death of the old or without the Male administration of Justice in the old Rulers for in case the old Governours chosen continue to rule well the people may not force their consent but it must be a Free Act of the good Rulers to desire the people to chuse a New else if the people causelesly reject well ruling Governours they reject the Lord that he should not rule over them 1 Sam. 8. 6 7 8. The people may not without imputation of Treason cry What portion have we in David while David liveth and ruleth well nor have they at such a time any cause to follow a rebellious and flattering Absalom to doe them Justice Indeed on just reason declared Governours may remit their power to the people that chose them and people thus re-impowred may with the same Liberty set up other Governours over themselves as Nathan Zadok and Benaiah made choyse of Salomon for King when David grew old sick Bed-rid unserviceable and bad them make Salomon King 1 King 1. 33 34 35. otherwise the people may not change without a cause and the Governour or Governours are to use his or their power for the Common good that they give no just occasion to dis-engage the people and to make them change The occasion of chusing Governours The occasion of people's chusing Governours was the Countries danger and the end of that choyse was the peoples safety which Samuel implyed when he faulted the Israelites for desiring a King so unseasonably at a time when they dwelled safely and were delivered from their enemies on every side 1 Sam. 12. 11. Indeed Israel were without Rulers sometimes when all things were in peace and every man went to his owne inheritance Judg. 21. 25. but when Famine appeared or when War approached then they chose them Governours to feed them Esa. 3. 5. 8. or to judge them and to fight their Battels 1 Sam. 8. 20. when Judges ruled Ruth 1. 1. Elders Kings or Captaines and the Governours chosen performing the peoples trust did thereby oblige the people to stand by their Trustees and some by the Word preached for them some by the Sword fought for them some by their Pen wrote for them and some with heart and tongue prayed for them accordingly Againe when Kings and Rulers did faile their trust reposed in them they dissolved the bands of the peoples Allegiance towards them and the people failing of performing their fealty to such Trust-breakers were spared by Gods appointment Thus when the ten Tribes fell from King Rehoboam for his roughnesse towards them and the people set up Jeroboam for their King Judah was from God by the Prophet forbid to fight against them for the thing was of the Lord 1 King 12. 16. 20. 24. Thus the old Romans cast off Tarquin and all Kingly Government for the pride and cruelty of that King and for the unchastity of his lecherous Sons and chose them Consuls who might better consult and provide for the Countries good Also it is said of Brutus who was one of their Consuls That he scourged and beheaded his owne Sons for attempting to bring in Kings againe Florus lib. 1. cap. 9. Just Governours to be upheld by the people To the Free People of England Epist. DEare Fellow Commoners it hath been declared already that the best way to settle the Common-wealth in a firme and lasting peace is to looke backe to rules of equity and justice to principles of Nature and right-Reason to Gods Law and good Conscience and every one of you must contribute your utmost hereunto That power lyeth in you and there is now recovered your right to use it Your Liberties have been redeemed to you at a deare rate and with great expence of Bloud and of Treasure maintaine it then as Free-men and use your Liberty not against your selves but for your selves Cease mourning for Saul the King and his Traines the Body is not destroyed by removing bad humours let your hearts be towards the Governours of England who have willingly offered themselves among the people and to their Servants who have jeoparded their lives for your sakes I meane to the Commons in Parliament the Councell of State and their Armies who have not designed upon you for their owne worldly advantage but have scoped at your welfare who by no sensible feares have suffered themselves to be perverted from impartiall Justice but have bound up your safety and theirs in one With what reason should they receive the benefits of Law who deny obedience to the Law What priviledge can a proprietary possesse by Law of the Land who denies to doe that which even the Law of Nature calls for of him The non-engaging does not strip him of his priviledge of the Law but the standing by himselfe without Law who engages not brings him into danger and certainly he deserves no advantage by a Garrison who refuses to help in time of a Siedge And having performed their trust they have declared themselves willing to lay downe their power not Lording it over you but leaving the power free to you for chusing a new Representative and being set free chuse for your selves for yee need Counsellours but Nunquam consilium suit in populo nunquam certa constans vitae ratio and where no counsell is the
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.