their fields their vineyards their seeds their Servants their sheep after his pleasure 1 Sam. 8. 11 13 14 15 16 17. which sheweth what Tyrants will doe not what good Rulers ought to doe How many other waies a man may be put out of possession of his goods as by stealth robbery c. I now forbeare Onely let me admonish that having liberty of our persons and estates and religion which is the greatest use it not as a cloak of maliciousnesse but as the Servants of God 1 Pet. 2. 16. For who is he that will harme you if yee be followers of that which is good 1 Pet. 3. 17. Obstinate Offenders forfeit their Liberty Obstinate offenders make themselves Bond-men Such as will not be reclaimed doe forfeit their Liberty Some men there be like the unjust Judge they neither feare God nor care for men These neither chuse Rulers nor obey them being unruly and disorderly the law is to try them and Rulers that rule by Law are a terror to evill-doers as they are Ministers of God for the praise of them that doe well Rom. 13. 3 4 6. Rulers are by the law of the Land to judge rotten members in order to the peace of sound members who did chuse or approve them For they are Gods Ministers attending continually on this very thing and for this cause pay yee Tribute to doe them Honour and the Magistrate accepting their place and power doe thereby ingage to doe the people justice Provided alwayes that yee continue to do well Such persons then as will not honour the Magistrate by keeping order and observing Law must bear the punishment of their disorder against the Law the Magistrate beareth not the sword in vaine Although unjust men know no shame Zeph. 3. 5. yet just governours cannot but countenance them that doe well even for very respect of Nature and to safe-guard mankinde against persons unnaturall for the judgement is the Lords and they judge for the Lord with whom is no respect of persons 2 Chron. 19. 8. The Emperour Trajan is said to give a Sword to the President of the Pretorium with these mandates Hoc ense utaris pro me justè faciente contra me utaris si injusta fecero i. e. in defensione proprii Corporis Nationis If the Emperour himselfe should doe unjust things he allowed the Judge to doe justice if it were against himselfe when he should doe evil No Liberty to the Lawlesse Freedome is to them that doe well the Law is a defence to them that keep the Law and it is given to punish them that breake the Law the Law is for the Lawlesse neither Nature Nation nor Religion allowes man any Freedome to doe evill Praise is to them that doe well not to the evil doer Christians in Rome living as a conquered people under persons in power who were unchristian were directed by Paul to pay their tribute to them Rom. 13. 6. and well if so doing they might live in peace It is the goodnesse of any Government to protect the good and such as are quiet in the land but evill-doers shall be rooted out Prov. 2. 22. Yee that will yet know no Law nor be in subjection where is there a Land or Nation which hath Lawes and yet evill men may live as they lust without rebuke Pay your tribute here then as did the conquered Christians in Rome and the captive Israelites in Babylon of old who were bid to submit to the yoke of their Government and to pray for the peace of that City for in the peace thereof yee shall have peace Jerem. 29. 7. There is no way to Liberty in England but in well doing Doe that is good and thou shalt have praise of the same Rom. 13. 3. never strive to recover to your selves a Freedome to doe evill here If thou doest evill be afraid Rom. 13. 4. but be true and faithfull to the Common-wealth of England and the Government thereof and the Powers here shall be ministers of God to thee for good in common humanity we are to love all men in Nationall community to love the Brother-hood and in Religion we are to feare God which three Lawes laid the foundation to that which followes Honour the King for Kings themselves were to use their power for the good of all men of the Brotherhood and of them that feared God punishing evill doers and praising them that did well and good people were not to malice their Kings under pretence of a liberty to doe well without them provided their Governours rule well reproving Malefactours for the sake of wel-affected persons men may doe well with out Rulers over them yet well-doers need Rulers over them both to incourage men in well doing and to safe-guard them that doe well against evill doers who have evill will at the good of Sion wherefore use yee your liberty as the servants of God 1 Pet. 2. 16 17. Where no Law is the intent of the Law is to be followed The Law of Nations is Lex non scripta as Mr. Coulse out of Hollinshed citing the Lord Hungerford executed for Buggery when yet there was no positive Law to punish it where the written Law comes short what wanteth must be supplyed out of the Law of God and Nature out of the Laws of rightreason and common equity for a terrour of them that doe evill and in defence of them that doe well New sins require new lawes as for the Ranters Lawes have been lately made by this State I grant we are much bound to our Ancestors for Magna Charta and other Lawes of common right and Justice but we need more lawes still to be made as occasion serveth necessity made David eate the Shew Bread to preserve his life otherwise not lawfull for any man to eate but for the Priests alone Here David transgressed the letter of the Law yet following the intent of the Law he was blamelesse Matth. 12. 3 4 5. See from the beginning the grounds hereof the Gentiles had not the Law i. e. the written Law but they were a Law unto themselves for they had {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} the worke of the Law in their hearts their consciences or their thoughts accusing or excusing one another as they did well or ill Rom. 2. 14 15. for God had shewed them his power and God-head in things that are made Chap. 1. 20. so that they are without excuse who vanish away in their imaginations from that they know of God and from that light of God which shewes men what is suitable to the nature of God But seeing that where no Law is there is no transgression Rom. 5. 13. That is men are slow to impute transgression to themselves where there is no Law therefore the Law entred that sinne might abound and that sinne might become exceeding sinfull Rom. 7. 13. howbeit when men were instructed out of the Law and knew the directive power of the Law they
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
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
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 quà m 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
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
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-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