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A26203 Englands common-wealth shewing the liberties of the people, the priviledges of Parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by John Audley ... Audley, John, Preacher of the Gospel. 1652 (1652) Wing A4202; ESTC R1402 34,551 48

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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
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 love of God knowes no relations where men love not God that God in all things may be glorified through Jesus Christ Religion rebukes all manner of transgressions in all sorts of men A mans neighbour is as himself and he loves his neighbour as himselfe Diligit in proximo quod in se ipso diligit diligit proximum candem ob causam propter quam diligit scipsum He properly loves his neighbour as himself who in his neighbour loveth God and Christ whom he loveth in himselfe and who loveth his neighbour for Christs sake for whose cause he loveth himselfe God and Christ in himselfe and in his neighbour is the rule of his love to both Where the image of Christ shines more in his neighbour he loveth him more then himselfe but Christ he loveth most And seeing the image of Christ defaced in his neighbour or by him he loveth him lesse for the greater love that he bears to God Like Levi's son who said to his Father and to his Mother I have not seen him neither did he acknowledge his brethren nor know his own children for they have observed thy word and kept thy Covenant Deut. 33. 8 9. For that respect they bare to God and Christ above themselves They mortified all inordinate Affections they had to their own kindred hating their own life to follow Christ Luk. 14. 26. And thus David did who loved perfectly hated Gods enemies with perfect hatred Psal. 139. 22. and punished those who hated God whom they ought to have loved A Slanderer an high-looker a proud hearted man I will not suffer he that worketh deceit shall not dwell in my house he that telleth lyes shall not tarry in my sight Psal. 101. 5 6 7. The Properties of Freedome The first sort of these Freedomes is Naturall and in perfect Nature it was perfect Freedome Then man loved God for that man saw in the perfect nature of God and had man persevered in that perfect state man had been perfectly free to this day The second sort of Freedome is Con-naturall For though men be free-borne yet are they borne under the Lawes of their Nation and the lawes of our Nation do not annihilate but only determine our naturall freedome The third sort of Freedome is ad-naturall because Religion addeth some thing to Nature to regulate and to order mans Freedome The Law of God gives directions to perfect the freedome of Nature and of the Nation and sometimes gives reproofes to correct the imperfectnesse of them both As men failed touching the law of Nature so they fell under the Law of Nations and as men failed of the law of their Nation so they fell under the law of God and as their sin was greater so they fell under the sorer rebuke and punishment and greater offenders the rather stood in need of the blood of Christ ad redemptionem to make a Purgation Of the spirit of Christ ad resipiscentiam to make them know their sin and to repent of it Of the Rod In correctionem for a reproofe among men for their scandalous offences against themselves against the people and against God And when the sword of the spirit did not cut men off from their transgressions but they brake all bands then Nature took the help of Lawes and men appealed for justice to them that bare the sword to defend their naturall Liberties and for recovering their Nationall Freedome did with the sword of the Magistrate punish offenders against God and the People and the rather when transgressors continued impenitent implacable and irreconcileable The consequences of Freedome The Lawes of Nature Nation and of God are subordinate one to another God is above the people and the people above a mans selfe Personall and private interest must give place to the Publike Interest of the People and of the Commonwealth And in the Cause of God Who is above all thy interest and the Peoples interest also must give way to the glory of God Wherefore in the punishment of evill doers private-pitty must give way to publike-safety of the people fearing God Pereat unus potiùs quàm unitas It is expedient for us that one man should die for the People that the whole Nation perish not John 11. 15. What here Caiaphas said in his policy Christian Magistrates must doe in piety For thus God himself took part with Nature punishing Caine for shedding Abels blood Gen. 4. Burning Sodom and Gomorrah for injury don to righteous Lot by that wicked people Gen. 19. Bringing in the stood upon the world of the ungodly and saving Noah A Preacher of righteousnesse 2 Pet. 2. 5. Helps of Freedome First God himselfe hath prescribed to all people Lawes to keep up Nature in Freedome and to rebuke the unnaturall Gen. 9. 6. who so sheds mans blood by man shall his blood be shed not by force and violence but by course of Law It is a Law of God that respects not the persons of man his blood must be shed for the blood shed by him who ever he be Numb. 35. 30. No satisfaction may bee taken for him After this Nature began to helpe it selfe among the people as in case of Adultery it is said It is an iniquity to be punished by the Judges Job 31. 9. 11. Then men made Covenants with one another and bound them each to other with Oaths and Protestations As between Laban and Jacob Gen. 31. 48. and between Abraham and the families of Escol Aner and Mamre Gen. 14. 13. and this in order to preserve the peace of their families and to recover their rights from that people that should infringe them Hereupon when Lot was taken captive by Chederlaomer Abraham and his confederates made warre upon and recovered Lot out of their hands vers. 12 14 16. Also Jonathan made a Covenant with David because he loved him as his owne soule 1 Sam. 18. 3. and secured him against Saul his father chap. 20. 4. entred a Covenant of the Lord that whatsoever Davids soule desired he would doe it for him vers. 12 13 16 17. David sware him v. 23. The Lord is between me and thee for ever 41. Afterwards it became a matter of Religion in all sorts of Men and Nations to keep their Covenants Leagues and Oathes between them made and in case of breach they did right themselves by punishing the offenders even as Israel did justice on his brother Benjamin and the men of Gibeah for the rapine and murder committed upon the Levites wife against that brother-hood that was between them Judges 20. or else if they could not right themselves and recover their liberties they did appeale to God to doe them justice as Jer. 15. 15. Oh Lord thou knowest remember me visit me and revenge me of my persecutors And David to Saul The Lord judge between me and thee and the Lord avenge me of thee 1 Sam. 24. 12. Thus Jephtah when he and the children of Israel stood for their
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. 2● 3. And it s answered by Osorius de Nobilit Christian lib. 3. Respublica non possit stabiliri nisi armorum praesidio qui militem ●ollit Rempublicam funditus evertit Christus poli●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 a●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.