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
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
Rights against the King of Ammon Jephtah said What hast thou to doe with me I have not sinned against thee but thou doest me wrong to war against me the Lord the Judge be judge this day between the children of Israel and the children of Ammon Judg. 11. 12. 13 27. Also the Lawes of Nations were still helped by the grace of God In things not declared God gave Lawes a new for stoning the blasphemer Levit. 24. 14 15 16 23. and the Presumptuous Breaker of the Sabboth Numb. 15. 32 34 35 36. which both were kept in ward untill a Law was given for them to suffer by The Principles of Freedome God the great judge of heaven and earth hath into Nature put such principles of Reason and common Equity as might conform Men and Nations in their dealings each with other and punish such men as doe become unruly and that after a religious sort for although Religion be in many things above Reason yet being not contrary to Reason Religious men may be wise enough to judge between their brethren 1 Cor. 6. 5. Withall God hath threatned Truce-Breakers and said he will fire Tyrus for captivating Edom his naturall brother for that he remembred not the brotherly covenant Amos 1. 9. Yea and punished such men as brake their Covenants and Leagues sometimes by wicked persons the Philistims wounded Saul and Saul killed himselfe 1 Sam. 31. 4. After hee had broken his Oath made Not to harme David Sometimes by godly men Jacob shall be a fire and Joseph a flame and Esau stubble and they shall kindle and devoure there shall not be any of the house of Esau remaining because hee looked on the day of his brother and stood up against him in the crosse way Obadiah 12 18. And sometimes God hath by himselfe punished this sinne of Trust-breaking when the sufferers had no power in nature or nation to right themselves Pharaoh promised Moses faire at their departure Goe and blesse me also Exod. 12. 31 32. But if Aegypt pursue Israel not regarding his promise their Armies shall be overthrowne in the sea notwithstanding their great power Exod. 14. 9 28. there was not one of them left A Caveat for the Scots who brake Covenant with England vide part 2. Position 5. The Causes of Freedome Liberty is next to life Libertas in naturali estimatione proxime accedit ad vitam ipsam and men have this liberty by a divers right viz. of Birth of Purchase and of Gift and again men often make forfeiture of their liberties viz. by gift by sale by force by tyranny by stealth and by idlenesse 1 There is a Liberty by Birth which was Pauls freedome I was free borne Act. 22. 28. Where a man is born to live there he hath right to eate and to drink that he may live and he hath a right to worke that he may eate and drinke yea and a liberty to buy and to sel for his living where he is born 2 Some have their Liberty by Purchase this was the Centurions case with a great sum of money obtained I this Freedome Acts 22. 28. And having purchased their Liberty they are in all things inabled to doe for their livings as men free-born may doe 3 Some have their Liberty by Gift as when Abraham had rescued Lot and the Sodomites that were carryed captive the King of Sodom said Give me the persons and take thou the goods Gen. 14. 21. Now looke as men thus obtain the freedome of their persons so their goods are their own proper right to wit the goods they possesse by inheritance by purchase by gift or by their labour procured no man may take them away to his owne use without consent of the owner thereof For God hath said Thou shalt not steale Exod. 20. 15. The Prince shall not take of the peoples inheritance by oppression to thrust them out of their possession he shall give his sonnes inheritance out of his owne possession that my people bee not scattered Ezek. 48. 18. Liberty doth not intrench upon Liberty Royalty may not destroy the peoples Liberty the Princes Prerogative cannot abolish the peoples Propriety Naboths Vineyard was his owne inheritance and he might chuse whether he would part with it or no wherefore King Ahab desired not to take it by force from him but offered to buy his consent and to give Naboth a better vineyard in exchange for his And indeed none but a Jezabell would wrest out of a mans hands that possession which God and Nature had made properly his owne whether it be a possession of his wife his children or his estate which is of lesse value vide 1 King 21. 1 5. Contra jus Divinum Naturale nihil licet magistratui P. Martyr The Magistrate may doe nothing to dispossesse a man of any thing which is the mans right from God or Nature Distinctio dominorum proprietas possessionum est juris divini juxta mandatum non furtum facies sicut non licet ulli regi postulare alterius conjugem Bucan. loc. de Magist. q. 75 76 77. The distinction of rights and the Propriety of possession is of divine right According to that commandement Thou shalt not steale And it is no more lawful for a King or any other Magistrate at his pleasure or and for his own use to take away a mans goods whereof hee stands lawfully possessed no more then it is lawfull for a King to require another mans wife 4 There is also a liberty by Gods Grace Which puts the right of all things under the dominion of beleeving persons All things are yours and you are Christs 1 Cor. 3. 22 23. they have jus ad rem non jus in re they are as having nothing yet possessing all things 2 Cor. 6. 10. they are full and abound who injoy Christ But however beleevers in Christ have right to all yet this right gives them no liberty to steale or to take to themselves that which is another mans nor to possesse themselves of any thing more then becomes theirs by birth gift purchase labour or by conquest Deut. 20. 14. And in well-doing the Lawes of God Nature and of Men are their protection in their just possessions brethren you are called to liberty use it not as an occasion to the flesh but by love serve one another Gal. 5. 17. Againe Mens Liberties are lost many waies 1. Some give away their right in a Christian community as they did their goods Acts 4. 34. 2. Some sell away their Birth-right as Esau did prophanely Heb. 12. 17. 3. Some idle away their time and estate too Houses and lands are the inheritance of fathers but an idle soule shall suffer hunger Proverbs 19. 14 15. 4. Some loose their liberties being conquered in war Deut. 20. 10 11 14. 5. Some by tyranny of Princes in peace as when Saul took to his own proper use not for the peoples advantage Their daughters their goodliest young-men
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
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