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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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people fall but in the multitude of Counsellours there is safety Prov. 11. 14. only take heed to your choyse for a wrong choyse brings a plague as when Israel chose them a Captaine to goe back into Aegypt it was said They shall not see the Land of Canaan Numb. 14. 4. 23. And a right choyse brings safety as when Jephtah was chosen an Elder in Israel God honoured him with victory over his enemies and the people with safe dwellings under his hand Judg. 11. 23. As Free-men chuse men into place of Government who will preserve your Liberties men of a publike spirit and men zealous for the welfare of the people When Pharaoh had heard the wisdome of Joseph in providing to save the Land from perishing through famine he said to his Servants Can we finde such a man as this is a man in whom the Spirit of God is and be made him Ruler over all the Land of Aegypt Gen. 41 38. 43. thus Daniel in Babylon was preferred before the Presidents and Princes because an excellent spirit was in him Dan. 6. 3. And the Israelites to better their condition chose them Saviours wise Moses valiant Joshua godly Gideon gallant Jephtah c. Doe yee also in your choyse of Sheriffes Burges Lieutenants of Shires c. provide able men scaring God men of truth hating covetousnesse that they may judge the people at all times Exod. 18. 21 22. He that is greatest among you let him be as the younger and hee that is chiefe as he that doth serve Matth. 20. 25 Luk. 22. 25. 26. Chuse you out from among your brethren Governours who will secure you in well doing freely and whom yee may freely stand by in punishing evill-doers let such rule over you as obey God and doe not lift up themselves above their brethren that turne not aside from the commandement to the right hand or to the left Deut. 17. 15 18 19 20. PART II. The Priviledges of Parliament position 1 RVlers among Christians are not by succession as the Turkes Governours are successio victoria c. Tantum Idoneos reddit Succession only makes way for Rulers to come in It is the Peoples election that makes Christian-Rulers in certaine place non addit jus ad regnum electio populi sed facultatem juris exercendi confert In which words he plainly acknowledgeth that his right of ruling ad hic nunc over this very people comes from the election of the people for all Christian Rulers have their power either immediately from the appointment of God as David was anoynted King or else from the election of men well-affected to God thus the Kingdome was Salomons from the Lord 1 King 2. 15. And the Kingdome was his because the Lords people chose him King even Nathan Zadok Benajah and Bathsheba Not the greater number but the better people for their affection to God and to goodnesse Not for eldership for Adonijah was Davids Son too and elder then he yet he laid aside his claime when it was knowne to him that Salomon reigned in Israel And Davids Vote given for Salomon while yet David was living plainly shewed that the ruling of the Kingdome was not by inheritance but by choyce not by succession but by election of the people For that election at first made by a few was afterward confirmed by all Israel when they saw the wisdome of Salomon to doe justice and judgement As was fully declared in the 13. Sect. heretofore position 2 The very claiming of a void Kingdome or Commonwealth in the case of succession is Treason against the free Commoners thereof yet it may be pardoned on submission of the party claiming with condition of his keeping Good-behaviour afterwards This was Adonijah's case who succeeded David the King and hereupon made claime to the Kingdome rid in triumph made a feast to his adherents whom he called to Councell yet he doing obeysance to Salomon whom the people chose King the King said unto him by way of pardon Goe to thy house in peace and by way of warning he said shew thy selfe a worthy man 1 King 1. 5 6 7 8 9 51 52 53. It may be it was an errour occasioned from the people freely suffering successours to rule them position 3 Second-Treasons are not to be pardoned When Adonijah had acknowledged King Salomons authority and found mercy upon his first offence As for him then unworthily to desire Abishag to be his wife who had laine in King Davids bosome When Bathsheba represented to Salomon Adonijah's desire he bad her aske for him the Kingdome also for hee is mine elder brother taking his ambition herein to be a designe for the Kingdome And the King commanded Benajah to slay Adonijah forthwith w●●●●ut any reprivall 1 Kings 2. 13 17 20 22 24 25. position 4 Wilfull murder in a time of peace is to be punished with death first or last Who so killeth any person the murderer shall be put to death by the mouth of witnesses Numb. 35. 30. Joab shed the blood of war in peace he slew Abner and Amasa men more righteous then he 1 Kings 2. 5. Indeed David spared him because the sons of Zerviah were stronger then be 2 Sam. 3. 39. But afterwards David put King Salomon in mind that he knew it and that he should punish him for it Wherefore King Salomon finding Joab one of the evill-counsellours of Adonijah resolved he should have summum jus and though he spar'd the rest of that confederacy yet he gave sentence against him And at the Kings commandement Benaiah did justice on Joab though he was the Generall at that time and slew him without any respect of persons position 5 No plea or excuse can serve to cleare a murderer Yee shall take no satisfaction for the life of a murderer that is guilty of death but he shall surely be put to death Numb. 35. 31. Joab going after Adonijah might not longer be spared from death which for murder he had deserved though he had not gone after Absalom though he had formerly in Davids warres done the King good service Yea and though he fled to the hornes of the Altar at last pretending repentance At the Kings commandement Benaiah went forth and slew him there for his murder in King Davids dayes and for his Treason in King Salomons time 1 Kings 2. 28 34. And this is Gods rule If a man forsake his righteousnesse and commit iniquity shall he live all his righteousnesse that he hath done shall be forgotten and in his sin that he hath committed he shall surely dye Ezek. 18. 34. Which is the case of the revolted Scots their former joyning with England in Covenant making and keeping for the good of both Common-wealths cannot excuse them breaking the Brotherly Covenant proclaiming King over England a man whom for his dis-service to this people this State had declaratively disclaimed and by their promising to enthrone him in England against the will of this free people who had
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.
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