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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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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 quàm unitas It is expedient for us that one man should die for the People that the whole Nation perish not John 11. 15. What here Caiaphas said in his policy Christian Magistrates must doe in piety For thus God himself took part with Nature punishing Caine for shedding Abels blood Gen. 4. Burning Sodom and Gomorrah for injury don to righteous Lot by that wicked people Gen. 19. Bringing in the stood upon the world of the ungodly and saving Noah A Preacher of righteousnesse 2 Pet. 2. 5. Helps of Freedome First God himselfe hath prescribed to all people Lawes to keep up Nature in Freedome and to rebuke the unnaturall Gen. 9. 6. who so sheds mans blood by man shall his blood be shed not by force and violence but by course of Law It is a Law of God that respects not the persons of man his blood must be shed for the blood shed by him who ever he be Numb. 35. 30. No satisfaction may bee taken for him After this Nature began to helpe it selfe among the people as in case of Adultery it is said It is an iniquity to be punished by the Judges Job 31. 9. 11. Then men made Covenants with one another and bound them each to other with Oaths and Protestations As between Laban and Jacob Gen. 31. 48. and between Abraham and the families of Escol Aner and Mamre Gen. 14. 13. and this in order to preserve the peace of their families and to recover their rights from that people that should infringe them Hereupon when Lot was taken captive by Chederlaomer Abraham and his confederates made warre upon and recovered Lot out of their hands vers. 12 14 16. Also Jonathan made a Covenant with David because he loved him as his owne soule 1 Sam. 18. 3. and secured him against Saul his father chap. 20. 4. entred a Covenant of the Lord that whatsoever Davids soule desired he would doe it for him vers. 12 13 16 17. David sware him v. 23. The Lord is between me and thee for ever 41. Afterwards it became a matter of Religion in all sorts of Men and Nations to keep their Covenants Leagues and Oathes between them made and in case of breach they did right themselves by punishing the offenders even as Israel did justice on his brother Benjamin and the men of Gibeah for the rapine and murder committed upon the Levites wife against that brother-hood that was between them Judges 20. or else if they could not right themselves and recover their liberties they did appeale to God to doe them justice as Jer. 15. 15. Oh Lord thou knowest remember me visit me and revenge me of my persecutors And David to Saul The Lord judge between me and thee and the Lord avenge me of thee 1 Sam. 24. 12. Thus Jephtah when he and the children of Israel stood for their