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A26203 Englands common-wealth shewing the liberties of the people, the priviledges of Parliament, and the rights of souldiery : with epistles to the persons mentioned ... / written by John Audley ... Audley, John, Preacher of the Gospel. 1652 (1652) Wing A4202; ESTC R1402 34,551 48

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