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
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
came short of the practick part of the Law Thou that teachest the Law through breaking the Law dishonourest thou God Rom. 2. 21 22 23. And men being lovers of themselves reproved not themselves when they transgress'd the Law God therefore stirr'd up other men and creatures to avenge the quarrell of his Covenant upon the Lawlesse Thus it 's said God made the wicked for the day of wrath Prov. 16. 4. That is to execute wrath upon them that doe evill For instance when men worshipped the Creature more then the Creator and in the place of God set up a Golden Calfe to worship it Then Moses cried out Who is on my side let him come to me put every man his sword on his side and slay every man his brother and every man his companion and every man his neighbour and the children of Levi did so and there fell of the people that day three thousand men Exod. 32. 26 27 28. All this was for the peoples sinne against the Law of Nature and of God and this was done when yet the state of the Israelites had not formerly enacted a Law to punish that fact thus Lawes of Nations are by occasion supplied out of the Law of Nature and of God according to the wisdome of that State under which men live as it is said By men of understanding and knowledge a Land is preserved Prov. 28. 2. Divers kindes of Freedome of Nature of Grace and of Glory 1. In the Creation it was the Liberty of all Creatures to serve God and man made after the similitude of God for God set man over the workes of his owne hands Gen. 1. 27 28. Psal. 8. 6. This freedome of perfect Nature man soone lost by sinne and there-through became a Bond-man to God till Christ came to deliver him in this bondage of man Omnes affines sceleris yea all Creatures partooke and are made subject to vanity not willingly but by reason of him who hath subjected the same in hope Rom. 8. 20. 2. Againe in the restitution of all things there will be a glorious Liberty of the Sons of God when the Creature it selfe shall be delivered from the bondage of corruption into that Liberty and the expectation of the Creature waiteth for the manifestation of the Sons of God in that glorious liberty Rom. 8. 19 23. and if this be not the day there will come a time when the Sons of God shall be gloriously made knowne and then all Creatures shall freely serve them they shall not groane to doe it and That Nation and Kingdome which will not serve them shall perish and be utterly wasted Esa. 60. 12. 3. Also man hath a Freedome by Grace and this begins in Christ for Christ having redeemed us to himselfe of Bondmen and made us Free-men in Christ we here live to recover our selves to become Free-men through Christ free indeed which Freedome all they obtaine who by the Spirit are joyned to Christ by faith and repentance See 1 Cor. 6. 17. John 8. 36. This freedome of Grace is to repaire the ruines of nature and to perfect nature into a glorious liberty which shall be outwardly manifest in the Sonnes of God The Kings daughter is all glorious within even here Psal. 45. 13. but for outward glory It does not yet appeare what we shall be 1 Joh. 3. 2. And as for outward liberty in this worke Our Kingdome is not from hence as Christ said of his Joh. 18. 36. we affect not Lordship over one another that government Christ forbad his Disciples to use Matth. 20. 25. howbeit we looke for a liberty to serve God and to lead quiet and peaceable lives in all godlinesse and honesty 1 Tim. 2. 1. for this liberty we pray God and doe provide against such persons as kill the Prophets and chase Christian men and women {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} who please themselves and are contrary to all men 1 Thes. 2. 15. that none may harme us for well doing and that they that doe well may have praise of the same that well-doers may not suffer wrongfully and that by Law that men may not condemne innocent bloud Psal. 94. 20. This is all the Liberty we contend for now till we be delivered into the glorious Liberty hereafter Indeed holy men must follow peace with all men but if we can have peace yet we must preferre holinesse to peace for without holinesse no man shall see the Lord Heb. 12. 14. Holinesse is our Birth-right It is holinesse that gives us hope towards God and being borne of God we may not prophanely sell our holinesse with God for peace with men if Abraham will have in his house an holy peace he must cast out the Bond-woman and her sonne both though it seemed grievous in his eyes Gen. 21. 11. our sufferings here for Christ shall end in the glorious liberty of the Sons of God wherefore take forth the precious from the vile O holy men let them returne to thee but returne not thou to them Jer. 15. 19. men that will not bow to the golden Scepter of Gods mercy to doe well shall be bruised with the Iron rod of Gods Justice for their ill doing Psal. 2. Divers formes of good Government There were Kings of Nations Gen. 14. 1. but there were in Israel divers other Rulers before any King was among them Moses a deliverer of Israel out of Aegypt after that seventy Elders to beare part of the Burden with him and they judged the people then Joshua their Captain-Generall who sought their Battels for them after him Elders who were raised up of God but accepted of the people to rule in Israel to guide their Counsels and to fight their Battels as Joshua had done untill the times of Saul and David and these two persons God did chuse and the people did approve them their Kings after David the well-affected Israelites chose Salomon their King all these Governments Aristocraticall Democraticall and Monarchicall were allowed of God for the peace of them that doe well and the people lived orderly under them all and enjoyed much peace and if people lived under other Rulers peaceably while they did well afore Kings were in Israel why should not men in well doing live quietly in England now governed without a King where trusty men in Parliament have resolved the government of this Common-wealth into another forme a Government of States formerly blessed be God a mixed Government equally maintaining the peoples Liberties and the Rulers safety their Rulers doing the people Justice and the people doing their Rulers honour Power in the People to chuse their Governours The power to chuse or approve their owne Governours lyes in the people fundamentally and after the peoples choyse made the power of ruling lyeth supreamely and formally in the Governours themselves People well-affected to God and well doing have the liberty of making this choyse primarily and secondarily all the people of that Common-wealth at
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 wâ—â—â—â—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
already accepted of another Government For in Christian Commonwealths the right of Rulers lyeth in the vote of the peoâ—â—â—â—husing them as before Sect. 13. according to Hushaâ—'s speech Whom the Lord and this people and all the people of Israel chuse his will I be 2 Sam. 16. 17. There was a Covenant between Benjamin and the rest of the Tribes of Israel and that as strong a Covenant as ever was between England and Scotland for they were brethren but when Benjamin brake the bonds in the matter of Levi's wife her death and banishment they dissolved the bands of brother-hood and Israel being then set free brought the malefactors unto condigne punishment and the men of Giâ—â—â—â— also who after Israels demand to them made kept back the offenders from the tryall of justice as accessaries to Benjamins fact Judg. 20. 13 14. Which also was the very case and the first breach between this Parliament and the late King C. position 6 No Treason is to be tolerated without all punishment though lesse punishment be laid on men for the first offence Abiathar the Priest was an evill Counsellor of Adonijah's and helped him forward 1 Kings 1. 6 7 8. Yet King Salomon would not for that fault put him to death because he bare the Arke before David his father and because of his sufferings with David Howbeit Salomon did sequester Abiathar from his place and the profits thereof saying to him Get thee to thy fields at Anathoth vers. 27 and put in his place good Zadok who chose and anoynted Salomon King vers. 35. Neither did Zadok scruple to accept of the place because it was a sequestration but he ministred to King Salomon in the room of Abiathar Which example is a justification of our State in their censures of that sort and of Ministers by them put into sequestrations who in their places do serve the souls of the people faithfully position 7 Judgement on Malefactors and sentence may be given upon silence of the party charged where the fault is palpable Slanderous Shimei was reprived by David in die coronationis 1 Sam. 19. 22 23. And confined by King Salomon three yeares But for treasonous breach of his Oath and Articles King Salomon on his silence to the charge judged him to death without further confession or conviction and Benaiah slew him at Salomons command This was King Charles his case who also was condemned to 〈◊〉 on his silence to his Charge read to him the things charâ—â—◠〈◊〉 him being palpable proveable and deserving death in the eye of the Judges position 8 The execution of justice on evill doers is the peace of them that doe well For hereupon it is said The Kingdome was established in the hands of Salomon There would not have been any stable firme and lasting peace in his Kingdome had hee not executed impartiall justice on the breakers thereof See 1 Kings 3. ult. A fit president for the States of England To the Supreame Authority of the Parliament Councell of State and High Court of Justice Epist. MOst honoured Commons of England Civill Governments are ordered by the Lord The most high ruleth in the Kingdomes of men and giveth them to whomsoever he will The translation of the Rule of this Nation from Kings to your Honours hath received large testimony from heaven giving you the hearts of this people and giving them hearts to jeopard their lives to serve you and giving you so great salvations by the peoples meanes Oh! that all the Lords people might consent in one to render unto your Authority which God hath so signally blessed to this people all chearfull and faithfull obedience in the Lord for conscience sake and that in thankfulnesse to God who hath so blessed your Counsels for our welfare That although for the transgressions of this land many have been the Princes thereof yet by your wisdome and prudence the people may be preserved henceforward I know yee are not given to change unnecessarily and what necessity hath lyen upon you the peoples Judges for the change past yee know My humble request is Now Supream power is by the people intrusted with your Honours Magistatus officium est ut defendat innocentes puniat petulantes P. Martyr It is the Magistrates office to defend the innocent and to punish the wrong doer Let good people who shall have praise of God in their wel-doing have praise of you Let evill doers know your justice without partiality quit your selves like men be strong love them that love the Lord That as good men 〈◊〉 â—ell-doing suffered wrongfully and formerly were made to 〈◊〉 now evil doers may flye before your justice and you may render to them as they have served us For God setteth the poore on high from affliction the righteous shall see it and rejoyce and all iniquity shall stop her mouth Thus the Almighty shall be with you to settle this Commonwealth in peace As sometimes Israels Kingdome was established in the hand of Salomon And knowing the same power lyeth in you I thought it my duty to present your honours with Salomons proceedings in following whose steps The eare that heareth you shall blesse you and the eye that seeth seeth you shall beare witnesse to you when yee deliver the poore that cry the fatherlesse and him that hath no helper the blessing of him that was ready to perish shall come upon you and so yee shall make the widowes heart to leap for joy yee shall put on righteousnesse as a robe to cloath you and judgement as a diadem while yee are eyes to the blinde and feet to the lame while yee shall be fathers to the poore and shall search out the cause that came unto you while yee shall break the jaws of the wicked and take the spoyl out of their teeth Job 29. The powers that be here are your selves the enacting and the executing Lawes for the Common-wealth lyeth in your power the Taxes lately raised have not bin for the private use of your selves or of your Children that is forbidden of God Ezek. 46. 18. but they have been indifferently levyed upon your selves and upon the people in defence of the whole Common-wealth and that but for the present necessity in which case King Saul tooke of the peoples goods for the peoples good and was blamelesse 1 Sam. 12. 6 7. Leagues with Idolaters may yee not make Judg. 2. 2. Deut. 7. 2 3 4 5 6 7 8. But if any such among you have made their peace with you they living peaceably by you and paying their tribute to you keep faith with them as Joshua did with the Gibeonites Josh. 9. for if you purposely make Covenant with Idolaters and the people joyne therein yee and they make your selves and them liable to Judgement upon the Nation from the Lord Judg. 2. 11. On the other side if the people joyne not with you in such Covenants your Covenant-making with them will make continuall strife among your selves untill yee all be
State still In the want of Bishops here is a Church still And in the want of the Statutes of Omri the Bishops Lawes I mean their lacks not Lawes to Rule and Governe the people by even now though lawlesse persons grudge and acknowledge them not for even the Souldiers or some of them have by law suffered for their own evill doing Wherefore if men doe onely that is right in their own eyes it is not for want of Rulers nor with the toleration of the Magistrate let not our State beare blame for that But why may not he meaning the King of Scots desire his owne objection 5 his owne inheritance No man can be right Heire to any earthly Kingdome since Christ the Heire of all things was deprived and Crucified Duke William got his power over this Kingdome not by inheritance but by Conquest and the Heire was in this Family put besides the Crowne and many more since that as Eleutherus Philodemus largely sheweth Now the King of Scots for whom you plead must either plead Conquest from the Conquerour or succession from his Father because you say this Common-wealth is his owne whereas indeed neither Victory nor Succession gives any man right to reigne over a people only Reddit idoneos it makes men fit Vti Rex Jac. Moreover the Kings of England were formerly such as the people did chuse as Mr. Cooke in his Appeale hath observed from the forme of their Oath for when King of England were Crowned they bound themselves by Oath to rule the people according to the Lawes of this Nation also the people either chose or accepted them for their Kings hereupon engaging their Allegiance to them The old King Charles by his Hostile Breaches of his Oath dissolved the people from their Bond and from their Obedience too he forfeited his Kingdome and ceased to be King As for the King of Scots he had neither election nor approbation from this Common-wealth nor from the Representative thereof the Commons in Parliament and his claime without the peoples consent gives him no more title to reigne here then Absalom had to rule Israel who designed to be King while David was King there and ruled well also for so the People of England have chosen or accepted other Governours according to their Liberty their Liberty being as theirs was in the Common-wealth of Israel who desired Elders Judg. 8. 22. Chap. 11. 6 11. Ah objection 6 they have taken away the life of the former King a vertuous King a Divine King and they will have none of his Race to reigne after him If his life be taken away it was not for his vertue nor for his Divinity neither Where were his vertues seen in his latest governing he proclaimed and waged warre against his best Subjects the Parliament and his good People was this a vertue in a King set up to fight for the People for this the Commons of England in Parliament have declared him a Tyrant now Tyranny is no vertue and when in the face of Death he used a forme of Prayer taken out of Sir Philip Sidny's Arcadia he proved himselfe neither Vertuous nor Divine and if his Sonne walking in his Fathers steps be also cast off from reigning in England it is according to Gods Law If he beget a Sonne that is a shedder of bloud shall he then live he shall not live he hath done all these abominations he shall surely dye his bloud shall be upon him Ezek. 18. 9 13. by which Law he is cast out of this Kingdom and out of the Land of the living too Thus Jehu rooted out murderous Ahab and all his race so Jehu slew all that remained of the house of Ahab in Iezreel and all his great men and his Kins-folke and his Priests untill he left none remaining 2 King 10. 11. True it is Kings were of old Divine being promised of God to Abraham Kings shall come out of thee Gen. 17. 6. And some were by Gods appointment anoynted Kings as Saul and David but of all Kings since Christs death it may be questioned Whose are all these For after the Scepter departed from Shiloh what man after Christs death was ever Anoynted King by Gods Command After the Jewes had killed the Heire they said So the inheritance shall be ours Mat. 21. 38. It became indeed theirs by force of violence because they seized on it not by course of Nature nor by inheritance nor gift but Conquest made Kings Kings indeed were supreame Vt caeteris hominibus praeirent praelucerent To use King James his phrase that they may excell others in doing service to the people as wel as being in place above the people not to magnifie their Name but to minde Kings of their duty But even Kings with all their supremacie were all but Kings of this World after Christ their Kingdomes Kingdomes of men Dan. 4. 17. being chosen by men as the Kings of the Nations at first Kings of the earth 2 Chron. 9. 22 23 26. Kingdomes of this world Revel. 11. 15. They were {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} an Ordinance of man 1. Pet. 2. 13. So changeable they are as the people see just reason and cause for it E. Philodem p. 56. altering the forme of Government for the substance sake and preferring the greater before the lesse even Religion towards God and the Liberties of the people afore the Person of the King therein not breaking but keeping the Covenant according to the equity thereof Vide the Declaration of the Army marching into Scotland wherefore The Kingdomes of this world are become the Kingdomes of our Lord and of his Christ and if the Powers that be doe not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} feed the people by ruling over them their power shall be likewise broken as this of England hath been be the Nations never so angry Revel. 11. 15 17 18. then no marvell if his servants serve him The Brazen Serpent in the Wildernesse was ordained by God but Hezekiah seeing it abus'd to Idolatry beate it to powder threw it into the river and cald it Nehushtan 2 King 18. 4. and if this State have for his pride and tyrany brought this man downe into the dust of death and rooted out all Kingship after him Righteous art thou O Lord and upright are thy Judgements Psal. 119. 137. when King Amaziah turned from following the Lord they conspired against him pursued him to Lachish and slew him there 2 Chron. 25. 27. 28. no man ever was questioned for it Thus that English King lived like Rehoboam following the young mens counsell spake roughly and armed himselfe against his owne people 2 Chron. 10. 13 14. 11. 1. and he dyed like Jehoram who reigned wickedly and dyed without being desired of the people 2 Chro. 21. 19 20. But he hath received that recompence of his errour which was meet and loath should I have been to have raked up the dead-mans bones againe but in defence of
the living and of our just State It hath been said objection 7 Pray for your enemies Yea we pray for our enemies in pitty to them yet not to prosper them but that they may be kept from evil-doing Againe we must discerne between our enemies and Christs enemies for we may not bid God speed to Christs enemies who bring not his Doctrine Joh. 10. 11. Jehosaphat had this warning Thou shouldest not love them that hate the Lord 2 Chron. 19. 2. yea David hated them that hate God rightfore as though they were his enemies Psal. 139. 21 22. and he often prayed against them Be not mercifull O Lord to wicked transgressours Psal. 59. 5. or to such as offend of malicious wickednesse Also we must discerne between our owne private enemies and the Common enemies of our Country Omnes omnium Charitates patria complectitur Cicer. 3 Offic. Private interests are all comprehended in the Publick he deserves no pitty who pitties not the Common-wealth although there be a pretence of pitty to the enemies of our Country A publick spirit loves Christ afore his Country and his Country above himselfe and if above himselfe then above the enemies of Christ and of his Country much more alwayes preferring his Country and the welfare of them that love Christ therein above the enemies of his Country who ever they be both in our Prayers and Praises in our Counsels and in all our services of Peace and Warre for the King and the Parliament are Majores singulis yet they are Minores Vniversis see vox militaris and as totum universum est majus suis partibus A rotten member must not be spared in pitty to the whole Ense recidendum est nè pars sincera trahatur True it is in common infirmities the rule is Forgive and it shall be forgiven you Luk. 6. 37. for Love covers a multitude of sins 1 Pet. 4. 8. In crying sins and in criminall cases the Law is Thou shalt smite them thou shalt utterly destroy them and shalt shew them no favour Deut. 7. 2. In case of ignorance we pray for our enemies Father forgive them they know not what they doe Luk. 23. 34. But in case they offend of malice we pray against our enemies Let death seize upon them let them goe downe quicke into hell for wickednesse is in their dwellings and amongst them Psal. 55. 15. You have power on your side objection 8 and your profits by the State and no marvell you speake for them I never received reward from the State to speake for them yet I have cause in duty and thankfulnesse to speake for them in as much as I have received from them and if I speake for them yet I speake the truth of them They put the late King to death 1. Not privily as Zimri slew his Master but they brought him forth to his Triall publikely and legally had he had any thing to say in his owne defence for clearing himselfe of the Crimes charged against him 2. Nor did they this as Zimri slew his Master in his drunkennesse a personall sinne against God and himselfe 1 King 16. 9 10. but they did it for his sins against the Nation and this English people even as King Joash who was slaine on his Bed for cruelty and ingratitude against the Sons of Jehoiada the Priest who had anointed him King 2 Chron. 24 25. And as King Amon who was slaine on his Bed by his Servants for his open Idolatry 2 Chron. 33. 21 22 23 24. 3. They put him not to death pretending a jealousie without cause as Saul would have slaine his Sonne Jonathan for pleading for David and would have killed David for that as long as David liveth nor Jonathan nor his Kingdome should be established 1 Sam. 20. 30. 33. 4. Not for small matters as the Corinthians went to Law 1 Cor. 6 1 2. 5. Not for a seeming cause as Saul for his rash vowes sake would have put Jonathan his Sonne to death had not the people rescued him 1 Sam. 14. 24. 27 43 44 45. but it was for a cause reall great open and manifest a breach of Trust and of his Covenant with his people for setting up his Standard and warring against the Parliament who desired and endeavoured to punish evil-doers whom he favoured A publike Nationall Offence True I doe honour this State and if mine enemy should write a Booke against me for so doing I should binde it to my shoulder for God hath honoured them with many succesfull Victories over their enemies and with much love of persons well-affected to God and Christ who also doe returne their honour to God and to the People that did chuse them making the welfare and common good of the People their supreame Law being true Keepers of the Liberties and peace of the People and needs must I speake write and pray for their peace Let them all prosper that love them Touch not mine Anointed objection 9 and doe my Prophets no harme Psal. 105. 14 15. and how then dare any man touch or harme a King This question hath been 〈◊〉 moved and as often answered but I say it were rather 〈◊〉 asked How dare any man touch or harme his Prophets and his People which both are his anoynted there not to be touched or harmed no not by Kings themselves for God reprooveth Kings for their sakes ver. 14. For Kings are not therefore the Lords anoynted because outwardly anoynted by men Oleum est tantum signum judicium Ja Rex But the Lords prophets and people were inwardly anoynted and sanctified to be the Lords vide Geneva notes in margin for the Saints in Christ have this honour to execute the judgement written against wicked Rulers with a two edged sword in their hands to bind their Kings in chaines and their Nobles in fetters of iron Psal. 149. 6 7 8. Yea objection 10 but these were Heathen Kings as it is said To execute vengeance on the Heathen and corrections upon the people vers. 7. What difference between heathens by Nationall profession and heathens by un-christian conversation for what do heathens more then they In their works they deny him Tit. 1. 16. They eate up my people as men eate bread Psa. 53. 5. and so do these Kings who cease to be Christian in their deeds Yea and judgements are written against unchristian Kings as against heathen Kings and other sinfull men if yee shall doe wickedly yee shall be consumed both yee and your King 1 Sam. 12. ult. For their thus sining is the case of those circumcised who became uncircumcised forsook the holy Covenant joyned themselves to the Heathen and were sold to doe mischeife In the dayes of Antiochus 1 Macchab. 1. 16. Christian Kings in name turn Heathens when they break asunder all bonds of Nature Nation and Religion too And they become punished as heathen Princes be When Nebuchadnezzar in his pride became a beast his own people turned him out among the beasts untill he should acknowledge the God of heaven that rules in the Kingdome of men and gives it to whomsoever he pleaseth Dan. 4. 17 18 20 34. To the Valiant Commanders and Watchfull Souldiers Epist. GEntle and contentfull Souldiers It was an old Question of one Hetruscus Whether a Christian may in any case go to war It s answered he may for to doe justice and judgement is more acceptable then sacrifice Prov. 2â— 3. And it s answered by Osorius de Nobilit Christian lib. 3. Respublica non possit stabiliri nisi armorum praesidio qui militem â—ollit Rempublicam funditus evertit Christus poliâ—eias non eripuit sed in melius instruit The Common-wealth cannot be stablished unlesse it be guarded with Armes Take away the Souldier and yee overturne the Commonwealth Christ would not abolish Civil Governments but forme them for the better he neither tooke the axe from the Judges nor did Paul deny the sword to the Magistrates nor did John Baptist disarme the Souldiers but prescribed them lawes of innocency and moderation Do violence to no man and be content with your wages Lu. 3. 13. yea Paul cals the Magistrate a Minister of God to thee for good thou doing well and saith he bears the sword to execute wrath upon them that doe evill Rom. 13. 4 5. Indeed it were much to be wished by every Christian that aâ—l men may contain themselves from doing evil that there were not this occasion given for punishment for war for thy people shall be all righteous then thy officers shall be peace thine exactors righteousnesse the Lord will hasten it in his time Isa. 16. 17 21. But since that time is not yet and this cannot yet be yee must remember That Nation and Kingdome that will not serve thee God and his people shall be wasted v. 12. impetus hostium est armis depellendus civium audacia est ferro reprimenda The boldnesse of vice must be reprooved with the couragiousnesse of vertue Our fathers of old were led by the spirit for the rebuking malefactors and we know that vengeance in a private matter becomes valour in the case of a Commonwealth Patience in personall injuryes does in Nationall wrongs assume a magnanimity invincible as Joshua did and it was a fruit of their peace with God When our fathers undertook Sanctissima Bella contra sceleratos most holy wars against notorious offenders for what peace so long as Jezabels whoredoms and her witchcrafts are so many 2 King 9. 22. The end of war upon the wicked should be the quietnesse and peace of those that are godly and honest Humbly acquaint your selves with God and be at peace among your selves Couragiously follow the Captaine of your salvation patiently carry his crosse after him faithfully commit the safe-keeping of your souls in weldoing to him and let us pray also for the peace of Englands Common-wealth Amen FINIS Sect. 1. Sect. 2. August Sect. 3. Destroy Sect. 4. Sect. 5. Sect. 6. Sect. 7. Ames Cas. li 5. cap. 22. Vrsin Sect. 8. Sect. 9. Sect. 10. Sect. 11. Sect. 12. Sect. 13. Sect. 14. Sect. 15. Answ ☞ Ans. Ans. 2. Ans. Ans. Answ Ans. Ans. Ans.