England's commonwealth, showing The Liberties of the People. The privileges of Parliament, and The Rights of the soldiery. WITH Epistles to the Persons mentioned, concluding the several parts hereof. Written by John Audley a Preacher of the Gospel, and a well wisher to them that embrace it. Prov. 29. 2. When the righteous are in authority the people rejoice, but when the wicked are advanced, the people mourn. Hebr. 13. 17. Obey them that have the rule over you, and submit yourselves that they may do it with joy, and not with grief, Illud belli genus quod pro salute publicâ & religionis incolumitate suscipitur, ita Christo acceptum esse, ut etiam presenti ipsius numine Administretur. Christi religio exercitationem militarem non impedit: sed eam mirandum in modum confirmat: Cum omnem formidinem firmissima spe immortalitatis cripiat, & ad veram gloriam incredibiliter inflammat. Soli qui ad Christum adspirant & verum finem respiciunt, fortes & magnanimi sunt existimandi. Osorius de Nobilitate Christianâ. lib●ter. LONDON Printed by R. I. and are to be sold by Livewell Chapman at the Crown in Popes-head Alley, 1652. Eve's sin, man's snare; man's help's the woman's seed, No man lost by her, Christ did help at need. Good out of evil came, scape out of snare, Love hath found out the way to man most rare. All men may now see, how that the wise God New ways doth take, to comfort with a rod. Did man's first healing by Christ's bruises come? So peace by war becometh England's doom. Come people, see what wonders God hath wrought, Out of death life, he well to light hath brought: Mind well his works, who curse to bliss did turn. Man of all creatures, hath no cause to mourn. Own God with us, ye Nations o'er the world, No God like ours in mercy so extolled. Well may the Kingdoms fear, and stand in awe, Eaters give meat, from strong we sweetness draw, All laud to God, who hath our tunes thus turned; Lord! who can tell, how long thy people mourned? Till thou didst change their sighs into a song High in thy praise this Commonwealth among. J. A. To his Excellency the Lord general CROMWELL. My Lord: YOur just dealing with your Adversaries, is matter of real Honour to your Person, your enemies themselves being Judges; your instructing the ignorant, your rebuking the obstinate; your remitting the Penitent, your protecting the Innocent, your keeping Covenant, and conditions of Articles with all men, have manifested your proceedings both of war and Peace, to be truly Honourable to them, but especially to us, who have heard how Judah-like you have ruled with God, and have been faithful with the Saints, Hos. 11. last. Your silence before the Lord (when a cloud was upon the camp) had great confidence, when the Lord went before you like a Pillar of Fire by night, shining upon your ways, and telling you, that you should be to your enemies, as Threshing instruments with teeth, Isa. 41. 15. and this your confidence in God, what boldness wrought it before the Battle? and what humbleness of mind after the Victory? refusing honour of men, when God had put glory upon you, in sight of all the world. It hath been said, Before honour goeth humility, Prov. 15. 22. That may be an humbleness, as of necessity; but that humbleness which followeth honour, is ever matter of lasting praise; for, Honour upholdeth the humble in spirit, Prov. 29. 23. and victory over a man's self is the greatest conquest: Fortior est qui se, quàm qui fortissima vincit Maenia. Yea, this your confidence uttered did put life into your Counsels, courage into your Resolutions, & made your Forces more forcible and active, so, as they did the work of the Lord effectiuè, both against the Presbyterian interest, at Dunbar, and the royal interest at Worcester, For there fell down many slain, because the war was of God, 1 Chro. 5. 22. God is the judge himself, to whom both parties at Dunbar made their appeals, God hath pleaded the cause of his people, and since these appeals hath given sentence for you now twice, By this I know thou favourest me, because mine enemies do not triumph over me, Psa. 41. 11. The issue must no longer pass under the vain titles of mere events and chances of war: The Kingdom is the Lords, and he is the governor among the people, all the ends of the earth shall come and declare righteousness unto a people that shall be borne, that he hath done this. All men shall hear and fear, and declare the work of God, for they shall wisely consider that it is his doing. The righteous shall be glad in the Lord, and shall trust in him, and all the upright in heart shall glory, Psal. 64. 9, 10. It hath been the wonder of all lands, to hear of England, how the meek of the earth here, have formerly borne all manner of yokes and oppressions under Royal and Episcopal Rulers, and how they have lately risen like giants and men of might, for recovering their liberties, to defend their just rights and to bring wrong doers to condign punishment. As if the judgement (against Moab) written, had been sealed upon their hearts, Cursed is he that doth the work of the Lord negligently, and cursed is he that with-holdeth his sword from blood, Jer. 48. 10. Neither regarding Nature, nor Nations, that they might execute God's judgements against an Idolatrous people. And 'tis observable, God had said distress not Moab, Deut. 2. 9 till Moab had thus sinned. But after Moab had committed Idolatry (a sin against the Nation of Israel,) he shall bear his curse, that spares Moab: any former command of God to the contrary notwithstanding. Sinful men's changes justify God and good men, in these great changes of times. Now England is delivered from her enemies, and the people dwell safely through the mercy of God under your hand, I humbly desire this, that after all public expeditions against open enemies, you may (now) keep yourselves from foes of your own household, from friends of your own council; for Christ himself was betrayed with a kiss, wounded in the house of his friend; Gallant Judas was treacherously slain by Demetrius: And good Jonathan captivated by Triphon pretending kindness to him. Maccab, 9 18. and chap. 12, 13. Cura teipsum, cautus esto, nè fidas. Set the Lord God always before you, wait for his counsel; let impartial justice be your greatest design, and go on in this thy might, be not perverted by envy or flattery of men, So run that you may obtain, in due time you shall reap, if you faint not. You (now) choose affliction with the people of God, and hereafter you shall with them partake in the recompense of reward, when the dead in Christ shall rest from their labours, and their works follow them. For myself, that which made me write, was, that others might not be burdened, and I eased, for Nullum genus crudelitatis majus quam in communi periclo esse negligens. That which caused these my humble addresses to your honour, was, to answer the querulousness of some persons, who have bid defiance to the Armies of the living God, fixing their challenge upon myself, with whom after conference had, I appeared thus publicly, as a soldier in the field, that waiteth his enemy's motion. Yet being little as David, to encounter with the great Goliah's of the adverse part, I herein crave your lordship's wonted patronage, and hence forth I shall hold on triumphing In God's praises, who hath safeguarded your person, succeeded your Armies, and recovered our Liberties, and in my constant prayers shall ever remain, Your excellency's most obliged, though most unworthy Servant in the patience of the Saints, and in the hope of the gospel. JOHN AUDLEY. To the Reader. Friendly Reader: IN this Treatise I have refused digressions, save only to follow the objectors wanderings: I have neglected invectives, (name and thing) to prevent thy prejudice; I have also laid aside wisdom of words, not affecting vainly to glory in men, Simplex nudaque veritas, and perfect men will look to the matter. Likewise I have avoided forms 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 business 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 refer thee to the Parliaments Declaration, for no more address to be made to the King, to the Lord precedents speech, afore the King's Sentence, to Mr. cook's appeal upon his trial, to Eleutherus Philodemus his Vindication of the Parliament, and the soldiery; to Mr. potter's Vindication of the Army; to the Army's Declaration on their last March into Scotland, and to my Lord general Cromwell's Letters to the Ministers, and to the governor of Edinburgh Castle. My Engagement herein is mainly for the commonwealth of England, and the present Government thereof, as it now stands, willing to give thee some grounds, of the people's freedom, 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 do 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 own selves ye judge not, what is right, Luk. 12. 57 Have not the faults of Kings made the people blameless, when they deposed and put some Kings to death? see E. Philodemus giving thee instances for this in seven Nations. Be not partial in yourselves, but by their example learn ye to shun Idolatry, Blasphemy, Pride, Extortion, Rapine, wilful Murder, and all other sins, for which things sake God hath threatened with death evil 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 thankful 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 seek the welfare of England's commonwealth. The Contents. PART. 1. The Liberties of the people Section. 1 THe rise of man's freedom, Pag. 1 2. The laws of man's freedom, ibid. 3 The properties of man's freedom, p. 2 4 The Consequents of man's freedom, p. 3 5 The helps of man's freedom, p. 4 6 The principles of man's freedom, p. 5 7 The causes of man's freedom, p. 6 8 The forfeit of man's freedom, p. 8 9 The lawless have no freedom, p. 9 10 The intent of the Law, is the main of the Law, p. 10 11 Divers kinds of freedom, p. 11 12 Divers forms of good Government, p. 13 13 The people's freedom to choose their Rulers, p. 14 14 No freedom to choose Rulers without just cause, ibid. 15 The occasion of choosing Rulers, p. 15 16 Just governors chosen, to be upheld by the people, in Epist. ad populum, p. 16 PART. 2. The privileges of Parliament. Position. 1 CHristian Rulers are not by Succession, but by Election, p. 18 2 The claiming a kingdom, or commonwealth, without the people's consent, is Treason, p. 19 3 Second-Treasons not pardoned, ibid. 4 wilful Murder is death, ibid. 5 No pardon to a murderer, p. 20 6 No Treason to be tolerated without any manner of punishment, p. 21 7 malefactors silent upon their charge, to be taken for guilty, ib. 8 Good governors to protect good people against evil-doers, in Epist. ad magnates, p. 21, 22 PART. 3. The Rights of the soldiery answering objections. 1 NO blood to be shed but in case of necessity, p. 24 2 evil doers, the only cause of bloodshedding, p. 26 3 Justice in punishing evil-doers, is thankworthy to God, ib. 4 There is a Law, Church, and State, without King, Lords, Bishops, and their laws, p. 27 5 No man can justly call any kingdom, or commonwealth, his own inheritance, since Christ the heir 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 anointed, brings reproof to Kings sinning against the People, no impunity, p. 37 10 God's Judgements are written against Apostate Kings, as well as against Heathen Kings, p. 38 11 Christians may war against evil-doers, if case so require, in Epist. ad milites, p. 38, 39 PART. I. The Liberties of the People. The Rise of man's freedom. Sect. 1. 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 himself, as by the law of Nature: In the Nation, a Liberty to preserve himself and the people, as by the Law of his Nation: In Religion, a Liberty to preserve himself and the People of his profession, as by the Law of God, of Christ, and of the gospel. Every Englishman born hath the freedom of his Nature, and of his Nation; but the Religious Englishman, hath a right to be every way free, by all laws whatsoever. The laws of man's freedom. Sect. 2. The Law of Nature is, That man should love himself; for, no man ever yet hated himself, but nourisheth and cherisheth himself, Eph. 5. 29. The Law of Nations is, That a man keep himself against the disorder of Creatures, not containing themselves within the bounds of Nature, As ye would that men should do unto you, do ye 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, soul, strength and mind; and thy Neighbour as thyself, Luke 10. 27. Where the love of God, must be with the denial of a man's self, and of his neighbour also. The love of God knows no relations, where men love not God; that God in all things may be glorified through Jesus Christ. Religion, rebukes all manner of transgressions, August. in all sorts of men. A man's neighbour, is as himself; and he loves his neighbour as himself. 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 himself, and who loveth his neighbour for Christ's sake, for whose cause he loveth himself: God and Christ, in himself, 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 than himself; but Christ he loveth most. And seeing the image of Christ defaced in his neighbour, or by him, he loveth him less, 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 God's 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 lies, shall not tarry in my sight: Psal. 101. 5, 6, 7. The Properties of freedom. Sect. 3. The first sort of these freedoms is natural; and in perfect Nature, it was perfect freedom. 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 freedom, is connaturall, For though men be freeborn, yet are they borne under the laws of their Nation; Destroy. and the laws of our Nation do not annihilate, but only determine our natural freedom. The third sort of freedom is ad-natural; because Religion addeth some thing to Nature, to regulate, and to order man's freedom, The Law of God gives directions to perfect the freedom of Nature, and of the Nation; and sometimes gives reproofs to correct the imperfectness 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 reproof 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 broke all bands; then Nature took the help of laws, and men appealed for justice to them that bare the sword, to defend their natural Liberties; and (for recovering their national freedom) did with the sword of the Magistrate punish offenders against God and the People; and the rather, when transgressors continued impenitent, implacable and irreconcilable. The consequences of freedom. Sect. 4. The laws of Nature, Nation, and of God, are subordinate one to another: God is above the people, and the people above a man's self. Personal and private interest, must give place to the public Interest of the People, and of the Commonwealth: And in the Cause of God, Who is above all: thy interest, and the people's interest also, must give way to the glory of God: Wherefore in the punishment of evil doers, private-pity must give way to public-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 do in piety. For thus God himself took part with Nature, punishing Cain for shedding Abel's blood, Gen. 4. Burning Sodom and Gomorrah, for injury done 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 righteousness, 2 Pet. 2. 5. Helps of freedom. Sect. 5. First, God himself hath prescribed to all people laws to keep up Nature in freedom, and to rebuke the unnatural, Gen. 9 6. who so sheds man's 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 be taken for him. After this, Nature began to help itself 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 war 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 own soul, 1 Sam. 18. 3. and secured him against Saul his father, chap. 20. 4. entered a Covenant of the Lord, that whatsoever David's soul desired he would do it for him. vers. 12, 13, 16, 17. David swore 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 oaths 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 brotherhood that was between them, Judges 20. or else if they could not right themselves, and recover their liberties: they did appeal to God to do 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 do with me? I have not sinned against thee, but thou dost 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 laws of Nations, were still helped by the grace of God; In things not declared, God gave laws a new; for stoning the blasphemer, Levit. 24. 14, 15, 16— 23. and the Presumptuous Breaker of the Sabbath, Numb. 15. 32, 34, 35, 36. which both were kept in ward, until a Law was given for them to suffer by. The Principles of freedom. Sect. 6. 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 do 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. Withal, God hath threatened Truce-Breakers, and said, he will fire Tyrus for captivating Edom his natural brother; for that he remembered not the brotherly covenant, Amos 1. 9 Yea, and punished such men as broke their Covenants and Leagues; sometimes by wicked persons, the Philistines wounded Saul, and Saul killed himself. 1 Sam. 31. 4. After he had broken his Oath made, Not to harm David. Sometimes by godly men, Jacob shall be a fire, and Joseph a flame, and Esau stubble, and they shall kindle, and devour; there shall not be any of the house of Esau remaining, because he looked on the day of his brother, and stood up against him in the cross way, Obadiah 12— 18. And sometimes God hath (by himself) punished this sin of Trust-breaking, when the sufferers had no power in nature, or nation to right themselves. Pharaoh promised Moses fair at their departure; go, and bless me also, Exod. 12. 31, 32. But if Egypt pursue Israel, not regarding his promise, their Armies shall be overthrown in the sea, notwithstanding their great power, Exod. 14. 9— 28. there was not one of them left. A Caveat for the Scots, who broke Covenant with England, vide part. 2. Position 5. The Causes of freedom. Sect. 7. Liberty is next to life. Ames. Cas. li. 5. cap. 22. 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 idleness. 1 There is a Liberty by Birth, which was Paul's freedom, I was free borne, Act. 22. 28. Where a man is born to live, there he hath right to eat and to drink, that he may live: and he hath a right to work, that he may eat and drink; yea, and a liberty to buy and to sell for his living, where he is born. 2 Some have their Liberty by Purchase, this was the centurion's case, with a great sum of money obtained I this freedom, Acts 22. 28. And having purchased their Liberty, they are in all things enabled to do for their livings, as men freeborn, may do. 3 Some have their Liberty by Gift, as when Abraham had rescued Lot, and the Sodomites that were carried captive; the King of Sodom said, Give me the persons, and take thou the goods, Gen. 14. 21. Now look, as men (thus) obtain the freedom of their persons, so their goods are their own proper right; to wit, the goods they possess by inheritance, by purchase, by gift, or by their labour procured; no man may take them away to his own use, without consent of the owner thereof. For God hath said, Thou shalt not steal, Exod. 20. 15. The Prince shall not take of the people's inheritance by oppression, to thrust them out of their possession, he shall give his son's inheritance out of his own possession, that my people be not scattered, Ezek. 48. 18. Liberty doth not entrench upon Liberty; Royalty, may not destroy the people's Liberty; the Prince's Prerogative, cannot abolish the people's Propriety. Naboth's Vineyard was his own inheritance, and he might choose 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 man's hands, that possession, which God and Nature had made properly his own: whether it be a possession of his wife, his children, or his estate, which is of less value, vide 1 King. 21. 1— 5. Contra jus Divinum & Naturale nihil licet magistratui, P. Martyr. The Magistrate may do nothing to dispossess a man of any thing which is the man's 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 commandment Thou shalt not steal. 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 man's goods (whereof he stands lawfully possessed) no more than it is lawful for a King to require another man's wife. 4 There is also a liberty by God's Grace, Which puts the right of all things under the dominion of believing persons. All things are yours, Vrsin. and you are Christ's, 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 enjoy Christ. But however believers in Christ, have right to all, yet this right gives them no liberty to steal, or to take to themselves that which is another man's, nor to possess themselves of any thing, more than becomes theirs by birth, gift, purchase, labour, or by conquest, Deut. 20. 14. And in well-doing, the laws 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. Again, men's Liberties are lost many ways; 1. Some give away their right in a Christian community, as they did their goods, Acts 4. 34. 2. Some sell away their birthright, as Esau did profanely, Heb. 12. 17. 3. Some idle away their time and estate too, Houses and lands are the inheritance of fathers, but an idle soul 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 people's advantage) Their daughters, their goodliest young men, their fields, their vineyards, their seeds, their Servants, their sheep, after his pleasure, 1 Sam. 8. 11, 13, 14, 15, 16, 17. which showeth what Tyrants will do, not what good Rulers ought to do: How many other ways, a man may be put out of possession of his goods, as by stealth, robbery, &c. I now forbear. Only let me admonish, that having liberty of our persons, and estates, and religion (which is the greatest) use it not as a cloak of maliciousness, but as the Servants of God, 1 Pet. 2. 16. For who is he that will harm you, if ye be followers of that which is good? 1 Pet. 3. 17. Obstinate Offenders forfeit their Liberty. Sect. 8. Obstinate offenders make themselves bondmen; Such as will not be reclaimed, do forfeit their Liberty. Some men there be, like the unjust Judge; they neither fear God, nor care for men: These neither choose Rulers, nor obey them, being unruly and disorderly; the law is to try them, and Rulers that rule by Law are a terror to evil-doers; as they are Ministers of God, for the praise of them that do 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 choose or approve them; For they are God's Ministers, attending continually on this very thing, and for this cause pay ye Tribute, to do them Honour, and the Magistrate accepting their place and power, do thereby engage to do the people justice: Provided always, that ye 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 vain. Although unjust men know no shame, Zeph. 3. 5. yet just governors (cannot but) countenance them that do well, even for very respect of Nature, and to safeguard mankind against persons unnatural, for the judgement is the Lords, and they judge for the Lord, with whom is no respect of persons, 2 Chron. 19 8. The Emperor Trajan is said to give a Sword to the precedent of the Pretorium with these mandates; Hoc ense utaris pro me justè faciente, contra me utaris, si injusta fecero. i. e. in defension proprii Corporis, & Nationis; If the Emperor himself should do unjust things, he allowed the Judge to do justice, if it were against himself, when he should do evil. No Liberty to the lawless. Freedom is to them that do well, Sect. 9 the Law is a defence to them that keep the Law, and it is given to punish them that break the Law; the Law is for the lawless, neither Nature, Nation, nor Religion, allows man any freedom to do evil, Praise is to them that do 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 goodness of any Government to protect the good, and such as are quiet in the land, but evil-doers shall be rooted out, Prov. 2. 22. Ye that will (yet) know no Law, nor be in subjection, where is there a Land, or Nation which hath laws, and yet evil 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 ye shall have peace, Jerem. 29. 7. There is no way to Liberty in England but in well doing; do that is good, and thou shalt have praise of the same, Rom. 13. 3. never strive to recover to yourselves a freedom to do evil here, If thou dost evil be afraid, Rom. 13. 4. but be true, and faithful to the commonwealth 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 national community, to love the brotherhood, and in Religion we are to fear God, which three laws laid the foundation to that which follows, 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 evil doers, and praising them that did well; and good people were not to malice their Kings, under pretence of a liberty to do well without them; provided their governor's rule well, reproving malefactors for the sake of well-affected persons; men may do well with out Rulers over them, yet well-doers need Rulers over them, both to encourage men in well doing, and to safeguard them that do well, against evil doers, who have evil will at the good of Zion, wherefore, use ye 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. Sect. 10. 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 supplied out of the Law of God, and Nature, out of the Laws of rightreason, and common equity, for a terror of them that do evil, and in defence of them that do well; New sins require new laws, as for the Ranters, laws have been lately made by this State. I grant, we are much bound to our Ancestors for Magna Charta, and other laws of common right and Justice, but we need more laws still, to be made as occasion serveth: necessity made David eat the show Bread to preserve his life, otherwise not lawful for any man to eat, but for the Priests alone. Here David transgressed the letter of the Law, yet following the intent of the Law, he was blameless, 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 work 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 showed them his power, and godhead, 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 shows 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 entered, that sin might abound, and that sin might become exceeding sinful, 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 practic 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 transgressed the Law, God therefore stirred up other men, and creatures, to avenge the quarrel of his Covenant upon the lawless. Thus it's said, God made the wicked for the day of wrath, Prov. 16. 4. That is, to execute wrath upon them, that do evil. For instance, when men worshipped the Creature, more than the Creator; and in the place of God set up a Golden calf 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 people's sin 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 laws of Nations are by occasion supplied out of the Law of Nature, and of God, according to the wisdom 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 kinds of freedom, of Nature, of Grace, and of Glory. 1. In the Creation, Sect. 11. it was the Liberty of all Creatures, to serve God, and man, made after the similitude of God, for God set man over the works of his own hands, Gen. 1. 27, 28. Psal. 8. 6. This freedom of perfect Nature man soon lost by sin, and therethrough became a bondman 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. again, in the restitution of all things, there will be a glorious Liberty of the Sons of God, when the Creature itself 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 known, and then all Creatures shall freely serve them, they shall not groan to do it; and, That Nation and kingdom which will not serve them, shall perish, and be utterly wasted, Esa. 60. 12. 3. Also, man hath a freedom by Grace, and this begins in Christ; for Christ having redeemed us to himself of Bondmen, and made us freemen in Christ; we (here) live to recover ourselves, to become freemen through Christ, free indeed; which freedom all they obtain, who by the Spirit are joined to Christ by faith, and repentance. See 1 Cor. 6. 17. John 8. 36. This freedom of Grace is to repair the ruins of nature, and to perfect nature into a glorious liberty, which shall be outwardly manifest in the sons of God. The King's daughter is all glorious within, (even here) Psal. 45. 13. but for outward glory; It does not yet appear what we shall be, 1 Joh. 3. 2. And as for outward liberty in this work, Our kingdom is not from hence, as Christ said of his, Joh. 18. 36. we affect not Lordship over one another; that government Christ forbade his Disciples, to use, Matth. 20. 25. howbeit we look for a liberty to serve God, and to lead quiet and peaceable lives, in all godliness and honesty, 1 Tim. 2. 1. for this liberty, we pray God, and do 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 harm us for well doing, and that they, that do well, may have praise of the same; that well-doers may not suffer wrongfully, and that by Law; that men may not condemn innocent blood, 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 prefer holiness to peace, for, without holiness no man shall see the Lord, Heb. 12. 14. Holiness is our birthright; It is holiness that gives us hope towards God, and being borne of God, we may not profanely sell our holiness with God, for peace with men; if Abraham will have in his house an holy peace, he must cast out the bondwoman and her son 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 return to thee, but return not thou to them, Jer. 15. 19 men, that will not bow to the golden sceptre of God's mercy, to do well, shall be bruised with the Iron rod of God's Justice, for their ill doing, Psal. 2. Divers forms of good Government. There were Kings of Nations, Sect. 12. Gen. 14. 1. but there were in Israel divers other Rulers, before any King was among them; Moses a deliverer of Israel out of Egypt, after that, seventy Elders, to bear part of the Burden with him, and they judged the people; then Joshua, their captain-general, who sought their battles 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 battles; as Joshua had done, until the times of Saul, and David; and these two persons God did choose, and the people did approve them their Kings; after David, the well-affected Israelites chose Solomon their King; all these Governments, aristocratical, democratical, and monarchical, were allowed of God for the peace of them that do 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 commonwealth into another form; a Government of States formerly, blessed be God, a mixed Government, equally maintaining the people's Liberties, and the Rulers safety, their Rulers doing the people Justice, and the people doing their ruler's honour. Power in the People to choose their governors. The power to choose, Sect. 13. or approve their own governors, lies in the people fundamentally, and after the people's choice made, the power of ruling lieth supremely, and formally in the governors themselves. People well-affected to God, and well doing, have the liberty of making this choice primarily; and secondarily, all the people of that commonwealth; at first Samuel chose Saul King, than the people, and Benaiah Nathan; and Zadok first chose Solomon King, the generality of the people freely suffering the choice; afterwards the rest of the people came in, approved the choice, and renewed the kingdom, 1 Sam. 11, 12. But the people of Israel gave not their approbation of their Kings, chosen by the better sort, until the persons chosen had given them some singular proof of their valour, as Saul did; or of their wisdom, 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 reign 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 Solomon had given Judgement between the two women, both claiming the living child, they feared the King, for they saw the wisdom of God was in him, to do Justice. So Solomon was King over all Israel, 1 King. 3. 28. & 4. 1. Thus (here in England) when the people's trusties, by Counsels in Parliament, had often delivered this commonwealth from their enemy's 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 choice made, have liberally laid out their persons and estates for the safety of their Rulers, and of themselves. People may not choose new governors without a cause. Governors being chosen, Sect. 14. the power lieth in them effectually, provided they rule well, and their people may not choose new governors without the consent, or death of the old, or without the Male administration of Justice in the old Rulers; for in case the old governors 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 choose a New, else if the people causelessly reject well ruling governors, 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 Absalon to do them Justice; Indeed, on just reason declared, governors may remit their power to the people that chose them, and people thus reimpowered may (with the same Liberty) set up other governors over themselves; as Nathan, Zadok, and Benaiah made choice of Solomon for King▪ when David grew old, sick, bedrid, unserviceable, and bade them make Solomon King, 1 King. 1. 33, 34, 35. otherwise, the people may not change without a cause, and the governor, or governors are to use his, or their power for the Common good, that they give no just occasion to disengage the people, and to make them change. The occasion of choosing governors. The occasion of people's choosing governors was the country's danger, Sect. 15. and the end of that choice was the people's safety; which Samuel employed, 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 own inheritance, Judg. 21. 25. but when Famine appeared, or when War approached, than they chose them governors to feed them, Esa. 3. 5. 8. or to judge them, and to fight their battles, 1 Sam. 8. 20. when Judges ruled, Ruth 1. 1. Elders, Kings, or captains, and the governors chosen performing the people's trust, did thereby oblige the people to stand by their trusties, 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. Again, when Kings and Rulers did fail their trust reposed in them, they dissolved the bands of the people's Allegiance towards them; and the people failing of performing their fealty to such Trust-breakers, were spared by God's appointment; Thus when the ten Tribes fell from King Rehoboam for his roughness 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 country's good. Also it is said of Brutus, who was one of their Consuls, That he scourged and beheaded his own Sons, for attempting to bring in Kings again, Florus, lib. 1. cap. 9 Just governors to be upheld by the people. To the Free People of England. Epist. dear Fellow Commoners, it hath been declared already, that the best way to settle the commonwealth in a firm and lasting peace, is to look back to rules of equity and justice, to principles of Nature, and rightreason; to God's Law, and good Conscience; and every one of you must contribute your utmost hereunto, That power lieth in you, and there is now recovered your right to use it. Your Liberties have been redeemed to you at a dear rate, and with great expense of blood, and of Treasure; maintain it then, as freemen, and use your Liberty, not against yourselves, but for yourselves; Cease mourning for Saul, the King and his trains, the Body is not destroyed by removing bad humours; let your hearts be towards the governors of England, who have willingly offered themselves among the people; and to their Servants, who have jeoparded their lives for your sakes; I mean, to the Commons in Parliament, the council of State, and their Armies, who have not designed upon you for their own worldly advantage, but have scoped at your welfare, who by no sensible fears have suffered themselves to be perverted from impartial 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 privilege can a proprietary possess by Law of the Land, who denies to do that, which even the Law of Nature calls for of him? The non-engaging does not strip him of his privilege of the Law, but the standing by himself 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 siege; And having performed their trust, they have declared themselves willing to lay down their power, not Lording it over you, but leaving the power free to you, for choosing a new Representative, and being set free, choose for yourselves, for ye need counsellors; but Nunquam consilium suit in populo, nunquam certa & constans vitae ratio: and where no counsel is, the people fall, but in the multitude of counsellors there is safety, Prov. 11. 14. only take heed to your choice, for a wrong choice brings a plague, as when Israel chose them a captain to go back into Egypt, it was said, They shall not see the Land of Canaan, Numb. 14. 4. 23. And a right choice 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 freemen, choose men into place of Government, who will preserve your Liberties, men of a public spirit, and men zealous for the welfare of the people. When Pharaoh had heard the wisdom of Joseph, in providing to save the Land from perishing through famine, he said to his Servants, Can we find 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 Egypt, Gen. 41: 38. 43. thus Daniel in Babylon was preferred before the precedents 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. Do ye also in your choice of sheriffs, Burges, Lieutenants of Shires, &c. provide able men, scaring God, men of truth, hating covetousness, 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 he that is chief, as he that doth serve, Matth. 20. 25, Luk. 22. 25. 26. Choose you out from among your brethren, governors, who will secure you in well doing freely, and whom ye may freely stand by in punishing evil-doers; let such rule over you, as obey God, and do not lift up themselves above their brethren, that turn not aside from the commandment, to the right hand or to the left, Deut. 17. 15, 18, 19, 20. PART. II. The privileges of Parliament. position 1 RVlers among Christians are not by succession, as the Turks governors are; successio, victoria, &c. Tantum Idoneos reddit; Succession only makes way for Rulers to come in. It is the people's election, that makes Christian-Rulers, in certain 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 anointed King; or else from the election of men well-affected to God, thus the kingdom was S from the Lord, 1 King. 2. 15. And the kingdom was his, because the Lord's 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 goodness; Not for eldership, for Adonijah was David's Son too, and elder than he, yet he laid aside his claim, when it was known to him that Solomon reigned in Israel. And David's Vote given for Solomon (while yet David was living) plainly showed, that the ruling of the kingdom was not by inheritance, but by choice; 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 wisdom of Solomon, to do justice and judgement. As was fully declared in the 13. Sect. heretofore. position 2 The very claiming of a void kingdom 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 adonijahs case, who succeeded David the King; and hereupon made claim to the kingdom, rid in triumph, made a feast to his adherents, whom he called to council; yet he doing obeisance to Solomon, whom the people chose King, the King said unto him, by way of pardon, go to thy house in peace: and by way of warning, he said, show thyself a worthy man, 1 King. 1. 5, 6, 7, 8, 9— 51, 52, 53. It may be it was an error, occasioned from the people freely suffering successors to rule them. position 3 Second-Treasons are not to be pardoned. When Adonijah had acknowledged King Salomon's authority, and found mercy upon his first offence: As for him then, unworthily to desire Abishag, to be his wife, who had lain in King David's bosom. When Bathsheba represented to Solomon, adonijahs desire, he bade her ask for him the kingdom also, for he is mine elder brother: taking his ambition herein, to be a design for the kingdom. And the King commanded Benajah to slay Adonijah forthwith, w●●●●ut any reprival, 1 Kings 2. 13, 17, 20, 22, 24, 25. position 4 wilful 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 than he, 1 Kings 2. 5. Indeed, David spared him, because the sons of Zerviah were stronger than be, 2 Sam. 3. 39 But afterwards, David put King Solomon in mind that he knew it, and that he should punish him for it. Wherefore King Solomon finding Joab one of the evill-counsellours of Adonijah, resolved he should have summum jus; and though he spared the rest of that confederacy, yet he gave sentence against him: And at the King's commandment Benaiah did justice on Joab, though he was the general at that time, and slew him, without any respect of persons. position 5 No plea or excuse, can serve to clear a murderer. Ye 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 Absalon, though he had formerly (in David's wars) done the King good service; Yea, and though he fled to the horns of the Altar at last, pretending repentance. At the King's commandment, Benaiah went forth and slew him there, for his murder in King David's days, and for his Treason in King Salomon's time, 1 Kings 2. 28— 34. And this is God's rule, If a man forsake his righteousness and commit iniquity, shall he live? all his righteousness that he hath done shall be forgotten; and in his sin that he hath committed, he shall surely die, Ezek. 18. 34. Which is the case of the revolted Scots, their former joining with England in Covenant making, and keeping, for the good of both commonwealths, cannot excuse them, breaking the Brotherly Covenant, proclaiming King over England, a man whom (for his disservice to this people) this State had declaratively disclaimed; and by their promising to enthrone him in England, against the will of this free people, who had already accepted of another Government. (For in Christian Commonwealths, the right of Rulers lieth in the vote of the peo●●●●husing them (as before Sect. 13.) according to Husha●'s speech, Whom the Lord and this people, and all the people of Israel choose, his will I be, 2 Sam. 16. 17.) There was a Covenant between Benjamin and the rest of the Tribes of Israel, and that as strong a Covenant, as ever was between England and Scotland, for they were brethren; but when Benjamin broke the bonds (in the matter of Levi's wife, her death, and banishment) they dissolved the bands of brotherhood, and Israel (being then set free) brought the malefactors unto condign punishment, and the men of Gi●●●● also, who (after Israel's demand to them made) kept back the offenders from the trial of justice, as accessaries to Benjamins fact, Judg. 20. 13, 14. Which also, was the very case, and the first breach between this Parliament and the late King C. position 6 No Treason is to be tolerated, without all punishment, though less punishment be laid on men for the first offence. Abiathar the Priest was an evil Counsellor of adonijahs, and helped him forward, 1 Kings 1. 6, 7, 8. Yet King Solomon would not (for that fault) put him to death; because he bare the ark before David his father, and because of his sufferings with David. Howbeit Solomon did sequester Abiathar from his place, and the profits thereof, saying to him, Get thee to thy fields at Anathoth, vers. 27, and put in his place good Zadok, who chose and anointed Solomon King, vers. 35. Neither did Zadok scruple to accept of the place, because it was a sequestration, but he ministered to King Solomon in the room of Abiathar. Which example is a justification of our State in their censures of that sort, and of Ministers, by them put into sequestrations, who in their places do serve the souls of the people faithfully. position 7 Judgement on Malefactors, and sentence may be given upon silence of the party charged, where the fault is palpable. Slanderous Shimei, was reprived by David, in die coronationis, 1 Sam. 19 22, 23. And confined by King Solomon three years. But for treasonous breach of his Oath and Articles, King Solomon on his silence to the charge, judged him to death without further confession or conviction, and Benaiah slew him at Salomon's command. This was King Charles his case, who also was condemned to 〈◊〉 on his silence to his Charge read to him, the things char●●● 〈◊〉 him, being palpable, provable, and deserving death, in the eye of the Judges. position 8 The execution of justice on evil doers, is the peace of them that do well. For hereupon it is said, The kingdom was established in the hands of Solomon. There would not have been any stable, firm, and lasting peace in his kingdom, had he not executed impartial justice on the breakers thereof, See 1 Kings 3. ult. A fit precedent for the States of England. To the supreme Authority of the Parliament, council of State, and High Court of Justice. Epist. MOst honoured Commons of England, civil Governments are ordered by the Lord, The most high ruleth in the kingdoms of men, and giveth them to whomsoever he will: The translation of the Rule of this Nation from Kings to your Honours, hath received large testimony from heaven, giving you the hearts of this people, and giving them hearts to jeopard their lives to serve you, and giving you so great salvations by the people's means. Oh! that all the Lord's people might consent in one, to render unto your Authority (which God hath so signally blessed to this people) all cheerful and faithful obedience in the Lord for conscience sake, and that in thankfulness to God, who hath so blessed your Counsels for our welfare; That although, for the transgressions of this land many have been the Princes thereof; yet by your wisdom and prudence, the people may be preserved, henceforward. I know ye are not given to change unnecessarily, and what necessity hath lain upon you (the people's Judges) for the change past, ye know. My humble request is, Now supreme power is by the people entrusted with your Honours, Magistatus officium est, ut defendat innocentes, & puniat petulantes. P. Martyr. It is the Magistrates office, to defend the innocent, and to punish the wrong doer. Let good people (who shall have praise of God) in their well-doing, have praise of you. Let evil doers know your justice without partiality, quit yourselves like men; be strong, love them, that love the Lord. That as good men 〈◊〉 ●ell-doing suffered wrongfully, and formerly were made to 〈◊〉, now evil doers may fly before your justice, and you may render to them, as they have served us. For God setteth the poor on high from affliction, the righteous shall see it and rejoice; and all iniquity shall stop her mouth. Thus, the Almighty shall be with you to settle this Commonwealth in peace: As sometimes Israel's kingdom was established in the hand of Solomon. And knowing the same power lieth in you, I thought it my duty to present your honours with Salomon's proceedings, in following whose steps, The ear that heareth you shall bless you, and the eye that seeth seethe; you shall bear witness to you; when ye deliver the poor that cry, the fatherless, and him that hath no helper, the blessing of him that was ready to perish shall come upon you, and so ye shall make the widow's heart to leap for joy; ye shall put on righteousness as a robe to clothe you, and judgement as a diadem; while ye are eyes to the blind, and feet to the lame; while ye shall be fathers to the poor, and shall search out the cause that came unto you, while ye shall break the jaws of the wicked, and take the spoil out of their teeth, Job. 29. The powers that be here are yourselves, the enacting and the executing laws for the commonwealth lieth in your power; the Taxes lately raised have not been for the private use of yourselves, or of your Children, that is forbidden of God, Ezek. 46. 18. but they have been indifferently levied upon yourselves, and upon the people, in defence of the whole commonwealth, and that but for the present necessity; in which case, King Saul took of the people's goods, for the people's good, and was blameless, 1 Sam. 12. 6, 7. Leagues with Idolaters may ye not make, Judg. 2. 2. Deut. 7. 2, 3, 4, 5, 6, 7, 8. But if any such among you have made their peace with you, they living peaceably by you, and paying their tribute to you; keep faith with them, as Joshua did with the Gibeonites, Josh. 9 for if you purposely make Covenant with Idolaters, and the people join therein, ye and they make yourselves, and them, liable to Judgement upon the Nation from the Lord, Judg. 2. 11. On the other side, if the people join not with you in such Covenants, your Covenant-making with them, will make continual strife among yourselves, until ye all be utterly consumed. When King Amaziah fell from 〈…〉, the people slew him, 2 Chron. 25. 27, 28. according to that is written, 1 Sam. 12. last. But do ye forbear League-entring with those that hate the Lord, and ye shall strengthen the bands of love among yourselves, that love the Lord, and against the Common enemy. Do ye judge the fatherless, and the widow, relieve the oppressed, and ye shall engage God on your side, against the Armies of the Aliens; wherefore, if the Land of their possession be unclean, let them return to you; do not ye pass for their peace, but trust ye God for settling peace in your borders; And ye shall dwell on high, your place of defence shall be the munitions of rocks, your bread shall be given you, and your waters shall be sure. Which is the confidence of your daily orator, who writeth these things. PART. III. The Rights of the soldiery. A Conference delivered. WHat, objection 1 nothing but effusion of blood (still) Mr. A? Who desires it? Answ. saving that the necessity of the Cause calls for it. For God taketh no pleasure in the death of the wicked, Ezek. 33. 11. yet doth he order blood and death to the wicked; I will require the blood of man, at the band of every beast, and at the hand of every man, Gen. 9 5. If any man hate his neighbour, and lie in wait for him, and rise up and kill him, and smite him mortally that he die, the Elders of his City shall send and fetch him thence, and deliver him into the hand of the avenger of blood, that he may die. Thine eye shall not pity him, but thou shalt put away the guilt of innocent blood from Israel, that it may go well with thee, Deut. 19 11, 12, 13. To this purpose it is said, The sword of the Lord, and Gideon, Judg. 7. 20. when God had punished the world of the ungodly by the flood, God smelled a sweet savour of rest, Gen. 8. 21. showing, that when Judgement was done on the ungodly, the anger of God was then appeased 〈◊〉 ●aine, it was said, Then stood up Phineas and prayed, saith 〈◊〉 ●xecuted judgement, saith another; showing, that judgement should be executed with prayer, not with sensual pleasure. So, Judgement being executed, the plague ceased, Psal. 106. 30. Phineas was a priest's son, no ordinary Magistrate; his office was to pray, to strike beseemed not his place: yet when he saw the abominations of Zimri and Cozbi, done in the face of the mourning Congregation, he executed judgement, not judicially, but suddenly, and with a Javelnt thrust them both thorough, that they died. This he did on them, though Princes, without any respect of their persons, or of the people's ill-will for his so doing. And God approved the fact done, for the plague ceased from the people; and God gave unto Phineas (for this his zeal) the covenant of an everlasting priesthood, Numb. 25. 6, 7, 8— 11, 12, 13. Thus Mathias, and his son (when Commissioners came from King Antiochus to the City of Modin, to compel the Israelites to forsake God, and to sacrifice to his Idols) refused to harken to the King's commandment, to transgress their religion, protested against that wickedness, slew one of the Jews that did sacrifice on the Altar, killed the King's Commissioner, who compelled him to do sacrifice, and destroyed the King's Altar, 1 Maccab. 2. 15— 18. 19— 22, 23, 24, 25, 26. Thus bare he a zeal to the Law of God, doing as Phineas did to Zimri the son of Salem; whereupon he invited all that were zealous of the Law, and would stand to the Covenant, to follow him; then many set themselves in battle against them, ver. 32. but there followed Mathias all that fled for persecution, and they smote the wicked in their wrath, and the ungodly in their anger, ver. 42, 43, 44. 48. so they recovered the Law out of the hands of the Gentiles, and out of the hands of Kings, and gave not place to the wicked. Thus did (after him) Judas, Chap. 3. 44. and then, ch. 9 73. Jonathan, who governed the people, and destroyed the ungodly out of Israel. Nextly, Simon, chap. 13. 1. and likewise John, son of Simon, ver. 54. and chap. 16. Lastly, Judas Maccabeus, and his brethren, Simon, Joseph, Jonathan, 2 Maccab. 8. 1— 22. Fighting with their hands, ☞ and praying with their hearts to God, slew three hundred and fifty thousand men, ch●● 15. 27— 32, 33. cutting off Nicanor's head and hand, and▪ his tongue into many pieces, for his blasphemy against God, whereof you may read more, chap. 15. 3, 4, 5. In like manner the English soldiers have punished evil-doers, who being the Magistrates Servants, have been by them required, (as the Posse comitatus wont to be called by the sheriff of a County) when malefactors were too numerous, and too strong for their Rulers, yet have they neither sacked, siedged, nor spoiled any City, nor waged war against any place; but where (on summons first given them) the party's concerned did refuse peace proffered to them; in which case they have warrant to smite, and spoil too, Deut. 20. 10, 11— 17. Why, question 2 what occasion is there for this shedding of blood? The occasion is the punishment of evil-doers, Ans. and the praise of them that do well, 1 Pet. 2. 13. chiefly, to preserve the life of innocent persons. Watchful shepherds, do not desire the death of the Foxes, simply in their kind; but in order to the safety of the innocent Lambs. And thus it is said, Cant. 2. 5. Take us the Foxes, the little Foxes that spoil the vines. Christ's own Vines must not be neglected, in pity to the Foxes of the Wood, but the Vines must be preserved by the punishment of the Foxes. And who are these Foxes, but such people as do spoil the tender Vines? then such persons as would have these Foxes spared, are well-worthy to have their Vines spoiled, and their Lambs killed too; for so did not Solomon, who executed Justice on ill-affected persons in their evil doing, in order to the peace and welfare of them that do well, 1 King. 2. Who then shall blame our State? who Shepherd-like, do take us the Foxes to safeguard the Lambs, or persons simple concerning evil. 2. Whereas you cry out of the effusion of blood, Ans. 2. to spare the guilty; I perceive you never lament the blood of the innocent, who are well-affected to God and the Parliament; when that hath been spilled like water on the ground, and there hath been none to gather it. But, Thou lovest thine enemies, and hatest thy friends, who have saved thy life; Thou regardest neither Princes, nor Servants, for if Absalon had lived, and all we had died this day, it had pleased thee well. If Parliament and people, fearing God, and honouring them, had died, instead of the Earl of Darby's company, it had pleased thee well, see 2 Sam. 19 5, 6. But you, objection 3 on days of thanksgiving, read (in triumph) The Horse, and the Rider, is thrown down in the midst of the sea. If Moses did well to sing God's praises, Ans. when Israel was delivered from their Egyptian 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 do it; for whatsoever things were written aforetime, were written for our learning, Rom. 15. 4. And in the Holy Scriptures we learn to give thanks, (not for blood of men shedding, (as some slanderously affirm that we do, whose damnation is just) But, we rejoice for the punishment of wicked men, for the reward of the righteous men, and for the Justice of God in both. The righteous shall rejoice when he seeth the vengeance, he shall wash his feet in the blood 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 own eyes. Yes, Ans. here is Law, to punish the lawless; here is a Church to instruct the ignorant, and to correct them, that live in error; and a State, that is a terror to them that do evil, and a minister of God for good, to them that do good, Rom. 13. 4, 5. Here is a Law, that bids, Submit yourselves to every ordinance of man for the Lord's sake, whether unto the King as supreme, or unto governors, as to those that are sent by him, for the punishment of evil-doers, and for the praise of them that do well, 1 Pet. 2. 13. In which words is a justification of our laws, being for the punishment of evil-doers, and for the praise of them that do 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 laws; 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 do well to submit, for the Commons (in the first constitution of this Parliament) were by the people equally entrusted with the power of Government, as the King was, they were Powers, as well as he, and it became not them (sitting for the commonwealth's good) to fail their trust, or to disuse the power given them in trust, although the (then) King broke his trust, and used his power, not for edification, but for destruction of the weal-public, he withholding evil-doers from the trial of Justice, as by the Parliaments Declaration, of no Addresses to be made to the King doth appear. He gave Passes, and Warrants to convey away divers Persons questioned by the Parliament for their Crimes. Suppose a Father, and his son, made joint Feoffees in trust, for conservation of a Minors estate, the son is (in order of Nature) inferior to the Father, but consider him in a politic capacity as a Trustee, and the Son hath power equal with his Father; neither may the Son waste the estate entrusted with them both, though the Father doth so; yea, the Son must preserve the estate according to his trust, although his own Father wasteth the estate contrary to their trust; yea, it were but right, and duty in him that keeps his trust, to bring the Defaulter to the trial of Justice, for failing his trust; He that loveth father or mother more than me, is not worthy of me, Matth. 10. 37. yea, and he that hates not his own life also, to follow Christ, cannot be my Disciple, Luke 14. 26. Men of public trust must hate their own lives for Christ, and must lay aside all private interests, (of loss and gain) for the public good. Thus the late King, and the Parliament, were as the Father and Son, both alike entrusted with England's commonwealth, and as trusties, they had equal power to defend, and safeguard 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. Again▪ 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 child, 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 Egypt did, not fearing the King's commandment. Even the Hen provides to save her Chickens from devouring vermin. It was said, Kings shall be their nursing-Fathers, and Queens 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 harbourers of the people, against the strife of Kings: In cases personal, flee; in cases national, Fight; Leges naturae, non abolentur in evangelio etiam subditis adversus dominos Grassatores, concessa est defensio proprii corporis, conjugis, &c. contra injustam crudelitatem, Bucanon de magistrate. q. 77. 27. The laws of Nature are not abolished in the gospel, 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 governors, what is their power, and what be their laws; how they are entrusted, to rule well; and that the people must submit to them in so doing, and to their laws made by them for the people's 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 Christ's time, before Bishops were, there was a Church, upon the rock of Peter's faith confessed, Matth. 16. 15, 16. And this was before there was yet any superiority of disciples or of Ministers. For what pre-eminence had the twelve Disciples over one another? who were alike called by Christ, alike sent forth into the world, and had the same success to have the spirits subjected to them, In Christ their Master's days; and the same parity was among the seventy Disciples, as among the twelve. Peter (as the mouth of the rest) had the honour to confess Christ, the son of God, that rock, on which the Church is built. But Christ forbids his Disciples to exercise Lordship over one another, as the Gentiles did, saying, he 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. Again, there was no Bishops, nor Bishops over Bishops, when it was said, The Lord added to the Church, such as should be saved, Acts 2. 41, 47. Where the Church consisted of them that believed, having heard the word, and were to be saved. No mention of Bishops nor of Officers under them. Then afterwards we read of Deacons, Acts 6. And of Elders, Act. 14. and of a Church at Corinth, 1 Cor. 1. 1. yea, seven times mentioned in 1 Cor. chap. 14. when in the Church every one spoke according to his gift, as any thing was revealed to him that sat by, ver. 30. The Saints made a Church at Corinth, though ye read not of any Bishops there then. Indeed Paul 1 Tim. 3. 5. doth speak of Bishops, Ruling their own house, and taking care of the Church of God, and 1 Tim. 5. 17. counts them worthy of double honour, who labour in the word and doctrine, and Tit. 3. 9 he commands that they be able by sound doctrine, to exhort, and convince the gainsayers. But Peter bids them, Feed the flock of God, as much as in you is, and be not Lords over (or over rule not) that heritage, 1 Pet. 5. 2, 3. {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman}. Where note, that there ought to be no Lords Bishops over the flock of God; And that the people, called the flock of God (because purchased with the blood of Christ,) are God's Clergy, as much as Bishops. That Elders are to feed the flock of God, and by feeding them to exercise rule over them. And the highest person in the Church, that hath highest place among the people, hath but the power, {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} which signifieth to feed, and Matth. 2. 7. to rule, and express a kind of simple rule, and authority, such as by feeding the sheep, shepherds have over them. Here it appears, that when the Church of God had Elders to feed them, no men might be Lords therein, nor overrule them, but feed them rather: And ye may observe, that when Paul, 1 Cor. 12. 28. mentions helps in Government, he names Apostles, Prophets, Teachers, Workers of Miracles; But he names not either Bishops, Elders, or Deacons: showing, that they are not (that unum necessarium,) mainly necessary in the Church. And however they are (by some) numbered among helps in Church Government; yet if they be not mainly necessary, they are not greatly to be contended for: for helps in Government, are (but) of the benè esse, not of the esse of the Church; for there was a Church, and a Church governed, before Bishops were in being, or once so much as named in the Church of God. And although these pretended helps in Government, be taken away from amongst us, yet here is a Church in England still without Bishops: For generally, the Bishops did (but) pretend to help in the Government of the Church, the most of them found occasion against both Ministers & People, concerning the law of our God, Dan. 6. 5. who (proving a snare instead of an help) were justly taken away, the Church of England still abiding a Church without Bishops. And if your meaning be, That we have no Church, i. e. No calling to the Ministry in the Church, because there be no Bishops to give ordination. I Answer, we must soberly distinguish (as before, between the essentials and the circumstantials of a Church, so here) between the essentials and the circumstantials of a Ministers Call. The essentials of a man's Call to the Ministry consists in Christ's gifting men for the office; or in Christ's putting into men's hearts the word of reconciliation, to minister thereof to men, 2 Cor. 5. 20. 2. In his giving such men willing hearts to preach it 1 Cor. 9 16. Ordination itself, is but an act of conveniency in respect of order, not of necessity to give men power to preach the gospel. And for ordination by Bishops, that is a circumstance less necessary to the Ministers Call. It had its time, to become expedient for such as would enter in by the door (which is Christ;) but ordination by Bishops was never absolutely necessary to a Ministers Call. The Circumstances convenient to the Call of a Minister, be divers, 1. Some be primo necessariae, and precedaneous to ordination in this Call. As 1. Nomination from among believers, such as have gone in and out with us, this Justus and Mathias also had, Act. 1. 2. Imposition of hands with prayer, which came instead of casting of lots. 3. Examination of men unknown, 1 Tim. 3. 9, 10. 4. Separation to the work of the Ministry which Barnabas and Saul had, Act. 13. Which also, is called (of some) by the name of Ordination; and indeed, hath been in use (as here we see) before there were Bishops to use the same. 2. Some Circumstances, be succedaneous to this Ordination of Ministers. As 1. Recommendation from known Ministers, which Titus had, 1 Cor. 16. 10. 2. Election to some place, which Paul had to Macedonia, Act. 16. 4. 3. Approbation of the people, in that place, Who gave up themselves first to God, and then also to us by the will of God, 2 Cor. 8. 5. All these Circumstances, do respect the Bene esse, or the good constitution of the calling to the Ministry; but the esse of their Call, requires them not, ordination is no part of the Ministers Call from God; for Christ is the door, Christ's gifting men for it, and his inclining gifted men to minister of that they have received, is that unum necessarium to a Ministers Call. Such an one glorifies not himself, to be called a Minister of Christ, but, he that is called of God Heb. 5. 5. For this cause, the Bishops (at the ordination of Ministers) had in use to move this Question, Are you persuaded, ye are truly called to this Ministration? Vide, Book of making Bishops, Priests and Deacons. Other men have sent forth Ministers to the work, as well as Bishops, and other people have called Ministers to the places of their ministration; As hath been already proved. From all which premises, it is plain that the people of England have a Church, and have Ministers lawfully called, even now, though there be no ordination of Bishops to make them such. 3. Here is a State, though without a King, as Israel of old had, before there was any King in Israel. And when that commonwealth (after Joshua) ruled by Elders for three hundred seventy nine years together. See the book of Judges: and those Elders obtained a good report through faith, Heb. 11. All this was done before (yet) God gave them a King in his wrath, and before King Saul played the Tyrant over that people, as an executioner of God's wrath, which was spoken of him, 1 Sam. 8. 11— 18. True Kings, Bishops and their Laws were set up by men for helps in Government of this State, Church, and Commonwealth; but the people lacking help of them, and being snared by them, they have been rooted out by the trusties of this commonwealth; yet in want of a King, here is a State still: In the want of Bishops, here is a Church still; And in the want of (the Statutes of Omri) the Bishop's laws, I mean, their lacks not laws to Rule and govern the people by, even now; though lawless persons grudge, and acknowledge them not, for even the soldiers, or some of them have (by law) suffered for their own evil doing. Wherefore if men do only 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 bear blame for that. But why may not he (meaning the King of Scots) desire his own, objection 5 his own inheritance? No man can be right heir to any earthly kingdom, Answ. since Christ the heir of all things was deprived, and Crucified; Duke William got his power over this kingdom, not by inheritance, but by Conquest, and the heir was (in this Family) put besides the crown, and many more since that, as Eleutherus Philodemus largely showeth; Now the King of Scots (for whom you plead) must either plead Conquest from the conqueror, or succession from his Father (because you say this commonwealth is his own) whereas indeed, neither Victory, nor Succession gives any man right to reign 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 choose, as Mr. Cook in his appeal hath observed, from the form of their Oath; for when King of England were Crowned, they bound themselves by Oath to rule the people according to the laws 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 kingdom, and ceased to be King. As for the King of Scots, he had neither election, nor approbation from this commonwealth, nor from the Representative thereof, the Commons in Parliament; and his claim without the people's consent, gives him no more title to reign here, than Absalon 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 governors, according to their Liberty; their Liberty being, as theirs was in the commonwealth 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 virtuous King, a Divine King; and they will have none of his Race to reign after him. If his life be taken away, it was not for his virtue, nor for his Divinity neither. Where were his virtues seen, in his latest governing? he proclaimed, and waged war against his best Subjects, the Parliament, and his good People; was this a virtue 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 virtue; and when (in the face of Death) he used a form of Prayer taken out of Sir Philip Sidny's Arcadia, he proved himself neither virtuous, nor Divine; and if his son walking in his father's steps, be also cast off from reigning in England, it is according to God's Law. If he beget a son that is a shedder of blood— shall he then live? he shall not live, he hath done all these abominations, he shall surely die, his blood 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 Jezreel, and all his great men, and his kinsfolk, and his Priests, until 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 God's appointment anointed Kings, as Saul, and David; but of all Kings since Christ's death, it may be questioned, Whose are all these? For after the sceptre departed from Shiloh, what man, after Christ's death, was ever anointed King by God's Command? After the Jews had killed the heir, 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 supreme, Vt caeteris hominibus praeirent & praelucerent, To use King James his phrase, that they may excel others in doing service to the people, as well as being in place above the people, not to magnify their Name, but to mind Kings of their duty; But even Kings, with all their supremacy, were all (but) Kings of this World (after Christ) their kingdoms, kingdoms 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. kingdoms 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 form of Government for the substance sake, and preferring the greater before the less; 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 kingdoms of this world are become the kingdoms of our Lord, and of his Christ; and if the Powers that be, do 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. than no marvel if his servants serve him. The Brazen Serpent in the wilderness was ordained by God, but Hezekiah seeing it abused to Idolatry, beat it to powder, threw it into the river, and called it Nehushtan, 2 King. 18. 4. and if this State have for his pride and tyranny brought this man down 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 men's counsel, spoke roughly, and armed himself against his own people, 2 Chron. 10. 13, 14. 11. 1. and he died like Jehoram, who reigned wickedly, and died without being desired of the people, 2 Chro. 21. 19, 20. But he hath received that recompense of his error which was meet; and loath should I have been to have raked up the deadman's bones again, but in defence of the living, and of our just State. It hath been said, objection 7 Pray for your enemies. Yea, Ans. we pray for our enemies, in pity to them, yet not to prosper them, but that they may be kept from evil-doing. Again, we must discern between our enemies and Christ's enemies, for we may not bid God speed to Christ's enemies, who bring not his Doctrine, Joh. 10. 11. Jehosaphat had this warning, Thou shouldest not love them that hate the Lord, 2 Chron. 19 2. yea, David hated them, that hate God, rightfore, as though they were his enemies, Psal. 139. 21, 22. and he often prayed against them; Be not merciful, O Lord, to wicked transgressors, Psal. 59 5. or, to such as offend of malicious wickedness. Also we must discern between our own private enemies, and the Common enemies of our Country, Omnes omnium Charitates patria complectitur, Cicer. 3 Offic. Private interests are all comprehended in the public, he deserves no pity, who pities not the commonwealth, although there be a pretence of pity to the enemies of our Country. A public spirit loves Christ afore his Country, and his Country above himself; and if above himself, then above the enemies of Christ, and of his Country much more; always preferring his Country, and the welfare of them that love Christ therein, above the enemies of his Country (who ever they be) both in our Prayers and Praises, in our Counsels, and in all our services of Peace, and war: for the King, and the Parliament are Majores singulis, yet they are Minores Vniversis, see vox militaris; and as totum universum est majus suis partibus. A rotten member must not be spared, in pity to the whole; Ense recidendum est, nè pars sincera trahatur. True it is, in common infirmities the rule is, Forgive, and it shall be forgiven you, Luk. 6. 37. for, Love covers a multitude of sins, 1 Pet. 4. 8. In crying sins, and in criminal cases, the Law is, Thou shalt smite them, thou shalt utterly destroy them, and shalt show them no favour, Deut. 7. 2. In case of ignorance, we pray for our enemies; Father, forgive them, they know not what they do, Luk. 23. 34. But in case they offend of malice, we pray against our enemies, Let death seize upon them: let them go down quick into hell, for wickedness is in their dwellings, and amongst them, Psal. 55. 15. You have power on your side, objection 8 and your profits, by the State, and no marvel you speak for them. I never received reward from the State, Ans. to speak for them, yet I have cause in duty, and thankfulness, to speak for them, in as much as I have received from them; and if I speak for them, yet I speak the truth of them. They put the late King to death, 1. Not privily, as Zimri slew his Master, but they brought him forth to his trial publicly, and legally; had he had any thing to say in his own defence, for clearing himself of the Crimes charged against him. 2. Nor did they this, as Zimri slew his Master, in his drunkenness, a personal sin against God, and himself, 1 King. 16. 9, 10. but they did it for his sins against the Nation, and this English people; even as King Joash, who was slain on his Bed, for cruelty and ingratitude against the Sons of Jehoiada the Priest, who had anointed him King, 2 Chron. 24, 25. And as King Amon, who was slain on his Bed by his Servants, for his open Idolatry, 2 Chron. 33. 21, 22, 23, 24. 3. They put him not to death pretending a jealousy without cause, as Saul would have slain his son Jonathan, for pleading for David, and would have killed David, for that as long as David liveth, nor Jonathan, nor his kingdom should be established, 1 Sam. 20. 30. 33. 4. Not for small matters, as the Corinthians went to Law, 1 Cor. 6, 1, 2. 5. Not for a seeming cause, as Saul for his rash vows sake, would have put Jonathan his son to death, had not the people rescued him, 1 Sam. 14. 24. 27— 43, 44, 45. but it was for a cause real, great, open, and manifest; a breach of Trust, and of his Covenant with his people; for setting up his Standard, and warring against the Parliament, who desired, and endeavoured to punish evil-doers, whom he favoured. A public, national Offence; True, I do honour this State, and if mine enemy should write a book against me for so doing, I should bind it to my shoulder; for God hath honoured them, with many successful Victories over their enemies, and with much love of persons well-affected to God, and Christ, who also do return their honour to God, and to the People that did choose them, making the welfare and common good of the People their supreme Law, being true Keepers of the Liberties and peace of the People; and needs must I speak, write, and pray for their peace, Let them all prosper that love them. Touch not mine Anointed, objection 9 and do my Prophets no harm, Psal. 105. 14, 15. and how then dare any man touch, or harm a King? This question hath been 〈◊〉 moved, and as often answered; but I say, it were rather 〈◊〉 asked, How dare any man touch, or harm his Prophets, and his People? which both are his anointed there, not to be touched or harmed, no not by Kings themselves; for God reproveth Kings for their sakes, ver. 14. For Kings are not therefore the Lord's anointed, because outwardly anointed by men. Oleum, est tantum signum & judicium Ja: Rex. But the Lord's prophets and people were inwardly anointed and sanctified to be the Lords, vide Geneva notes in margin; for the Saints in Christ have this honour, to execute the judgement written against wicked Rulers, with a two edged sword in their hands, to bind their Kings in chains; and their Nobles in fetters of iron, Psal. 149. 6, 7, 8. Yea, objection 10 but these were Heathen Kings, as it is said, To execute vengeance on the Heathen, and corrections upon the people, vers. 7. What difference between heathens by national profession, Ans. and heathens by un-christian conversation? for what do heathens more than they? In their works they deny him, Tit. 1. 16. They eat up my people, as men eat bread, Psa. 53. 5. and so do these Kings who cease to be Christian in their deeds: Yea, and judgements are written against unchristian Kings, as against heathen Kings and other sinful men; if ye shall do wickedly, ye shall be consumed, both ye and your King, 1 Sam. 12. ult. For, their thus sinning, is the case of those circumcised, who became uncircumcised; forsook the holy Covenant, joined themselves to the Heathen, and were sold to do mischief, In the days of Antiochus, 1 Macchab. 1. 16. Christian Kings in name, turn Heathens, when they break asunder all bonds of Nature, Nation, and Religion too. And they become punished as heathen Princes be. When Nabuchadnezzar, in his pride became a beast, his own people turned him out among the beasts, until he should acknowledge the God of heaven; that rules in the kingdom of men, and gives it to whomsoever he pleaseth, Dan. 4. 17, 18, 20, 34. To the Valiant Commanders, and watchful soldiers. Epist. GEntle, and contentful soldiers, It was an old Question of one Hetruscus, Whether a Christian may in any case go to war? It's answered, he may; for to do justice and judgement, is more acceptable than sacrifice, Prov. 2●. 3. And it's answered by Osorius de Nobilit. Christian. lib. 3. Respublica non possit stabiliri, nisi armorum praesidio, qui militem ●ollit, Rempublicam funditus evertit. Christus poli●eias non eripuit, sed in melius instruit. The commonwealth cannot be stablished, unless it be guarded with arms. Take away the soldier, and ye overturn the Commonwealth. Christ would not abolish Civil Governments, but form them for the better: he neither took the axe from the Judges; nor did Paul deny the sword to the Magistrates; nor did John Baptist disarm the soldiers, but prescribed them laws of innocency and moderation, Do violence to no man, and be content with your wages, Lu. 3. 13. yea, Paul calls the Magistrate, a Minister of God to thee for good, thou doing well; and saith, he bears the sword to execute wrath upon them that do evil, Rom. 13. 4, 5. Indeed, it were much to be wished by every Christian, that a●l men may contain themselves from doing evil, that there were not this occasion given for punishment, & for war; for, thy people shall be all righteous, than thy officers shall be peace, & thine exactors righteousness, the Lord will hasten it in his time, Isa. 16. 17, 21. But since that time is not yet, and this cannot (yet) be, ye must remember, That Nation and kingdom that will not serve thee (God and his people) shall be wasted, v. 12. impetus hostium, est armis depellendus & civium audacia, est ferro reprimenda. The boldness of vice, must be reproved with the courageousness of virtue. Our fathers of old were led by the spirit for the rebuking malefactors; and we know that vengeance in a private matter becomes valour in the case of a Commonwealth. Patience in personal injuries, does in national wrongs assume a magnanimity invincible, as Joshua did; and it was a fruit of their peace with God, When our fathers undertook Sanctissima Bella contra sceleratos, most holy wars against notorious offenders; for what peace? so long as Jezabels whoredoms, and her witchcrafts are so many? 2 King. 9 22. The end of war upon the wicked, should be the quietness and peace of those that are godly and honest. Humbly acquaint yourselves with God, and be at peace among yourselves. courageously follow the captain of your salvation, patiently carry his cross after him, faithfully commit the safe-keeping of your souls in welldoing to him, and let us pray also for the peace of England's commonwealth. Amen. FINIS.