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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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midst of the sea If Moses did well to sing Gods praises when Israel was delivered from their Aegyptian Bondage and to write so as no doubt he did we may also read what he hath written having the like occasion so it be with the same affection Christ bids his Disciples look what spirit they were of Luk. 11. 53 54 55. when these produced their warrant for their praying as Elias did so when we praise God in Moses words we are to see it be done in Moses his spirit and we may doe it for whatsoever things were written afore-time were written for our learning Rom. 15. 4. And in the Holy Scriptures we learne to give thankes not for bloud of men shedding as some slanderously affirme that we doe whose damnation is just But we rejoyce for the punishment of wicked men for the reward of the righteous men and for the Justice of God in both The righteous shall rejoyce when he seeth the vengeance he shall wash his feet in the bloud of the wicked so that men shall say Verily there is a reward for the righteous verily there is a God that judgeth the earth Psal. 58. 10 11. Lord objection 4 there is no Law nor Church nor State but every one does that is right in his owne eyes Yes here is Law to punish the lawlesse here is a Church to instruct the ignorant and to correct them that live in errour and a State that is a terrour to them that doe evill and a minister of God for good to them that doe good Rom. 13. 4 5. Here is a Law that bids Submit your selves to every ordinance of man for the Lords sake whether unto the King as supreame or unto Governours as to those that are sent by him for the punishment of evil-doers and for the praise of them that doe well 1 Pet. 2. 13. In which words is a justification of our Lawes being for the punishment of evil-doers and for the praise of them that doe well and a justification of our State too to be as much an Ordinance as the King they both were ordained of men they both were chosen by the people to assemble together for enacting good Lawes and the Commons of England assembled in Parliament have had further confirmation from the people since they were without a King in their unanimous Banding and warring against the Scots at Worcester and the people doe well to submit for the Commons in the first constitution of this Parliament were by the people equally intrusted with the power of Government as the King was they were Powers as well as he and it became not them sitting for the Common-wealth's good to faile their trust or to dis-use the power given them in trust although the then King brake his trust and used his power not for edification but for destruction of the Weale-publick he with-holding evill-doers from the triall of Justice as by the Parliaments Declaration of no Addresses to be made to the King doth appeare He gave Passes and Warrants to convey away divers Persons questioned by the Parliament for their Crimes Suppose a Father and his Sonne made joynt Feoffees in trust for conservation of a Minors estate the Sonne is in order of Nature inferiour to the Father but consider him in a Politick capacity as a Trustee and the Son hath power equall with his Father neither may the Son waste the estate intrusted with them both though the Father doth so yea the Son must preserve the estate according to his trust although his owne Father wasteth the estate contrary to their trust yea it were but right and duty in him that keepes his trust to bring the Defaulter to the triall of Justice for fayling his trust He that loveth father or mother more then me is not worthy of me Matth. 10. 37. yea and he that hates not his owne life also to follow Christ cannot be my Disciple Luke 14. 26. Men of Publick trust must hate their owne lives for Christ and must lay aside all private interests of losse and gaine for the Publick good Thus the late King and the Parliament were as the Father and Son both alike intrusted with Englands Common-wealth and as Trustees they had equall power to defend and safe-guard the people and the Parliament performed their trust even against the King who failed his trust committed by the people to him and to them Againe A Father and a Mother are equally impowered to bring up nourish and cherish children given to them both now imagine the Father should endeavour the destruction of the Childe as Saul attempted Jonathan's death yet may not the Mother see nor allow the same but preserve her children rather as the Midwives in Aegypt did not fearing the Kings commandement Even the Hen provides to save her Chickens from devouring vermine It was said Kings shall be their nursing-nursing-Fathers and Queenes their nursing Mothers Esa. 49. 23. And Commons in Parliament are set for such and if Kings have been as Nimrod mighty hunters before the Lord it became the Commons to be harborers of the people against the strife of Kings In cases personal flee in cases Nationall Fight Leges naturae non abolentur in evangelio etiam subditis adversus dominos Grassatores concessa est defensio proprii corporis conjugis c. contra injustam crudelitatem Bucanon de Magistrat q. 77. 27. The Lawes of Nature are not abolished in the Gospell even to Subjects is granted the defence of themselves their wives and their children against the unjust cruelty of oppressing Princes Thus we have seen here who be our Governours what is their power and what be their Lawes how they are intrusted to rule well and that the people must submit to them in so doing and to their Lawes made by them for the peoples welfare So here in England even now is Law the same that Christians in primitive times were commanded by 2. Here is a Church in England though without Bishops for in our Saviour Christs time before Bishops were there was a Church Vpon the rocke of Peters faith confessed Matth. 16. 15 16. And this was before there was yet any superiority of disciples or of Ministers For what preheminence had the twelve Disciples over one another who were alike called by Christ alike sent forth into the world and had the same successe to have the spirits subjected to them In Christ their masters daies and the same parity was among the seventy Disciples as among the twelve Peter as the mouth of the rest had the honor to confesse Christ the sonne of God that rocke on which the Church is built But Christ forbids his Disciples to exercise Lordship over one another as the Gentiles did saying Hee that will be greatest among you let him be as him that serveth Matth. 10. 42 43. Let them be more zealous active and more exceed in their service who have received from God more excellent parts Againe there was no Bishops nor Bishops
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