people fall but in the multitude of Counsellours there is safety Prov. 11. 14. only take heed to your choyse for a wrong choyse brings a plague as when Israel chose them a Captaine to goe back into Aegypt it was said They shall not see the Land of Canaan Numb. 14. 4. 23. And a right choyse brings safety as when Jephtah was chosen an Elder in Israel God honoured him with victory over his enemies and the people with safe dwellings under his hand Judg. 11. 23. As Free-men chuse men into place of Government who will preserve your Liberties men of a publike spirit and men zealous for the welfare of the people When Pharaoh had heard the wisdome of Joseph in providing to save the Land from perishing through famine he said to his Servants Can we finde such a man as this is a man in whom the Spirit of God is and be made him Ruler over all the Land of Aegypt Gen. 41 38. 43. thus Daniel in Babylon was preferred before the Presidents and Princes because an excellent spirit was in him Dan. 6. 3. And the Israelites to better their condition chose them Saviours wise Moses valiant Joshua godly Gideon gallant Jephtah c. Doe yee also in your choyse of Sheriffes Burges Lieutenants of Shires c. provide able men scaring God men of truth hating covetousnesse that they may judge the people at all times Exod. 18. 21 22. He that is greatest among you let him be as the younger and hee that is chiefe as he that doth serve Matth. 20. 25 Luk. 22. 25. 26. Chuse you out from among your brethren Governours who will secure you in well doing freely and whom yee may freely stand by in punishing evill-doers let such rule over you as obey God and doe not lift up themselves above their brethren that turne not aside from the commandement to the right hand or to the left Deut. 17. 15 18 19 20. PART II. The Priviledges of Parliament position 1 RVlers among Christians are not by succession as the Turkes Governours are successio victoria c. Tantum Idoneos reddit Succession only makes way for Rulers to come in It is the Peoples election that makes Christian-Rulers in certaine place non addit jus ad regnum electio populi sed facultatem juris exercendi confert In which words he plainly acknowledgeth that his right of ruling ad hic nunc over this very people comes from the election of the people for all Christian Rulers have their power either immediately from the appointment of God as David was anoynted King or else from the election of men well-affected to God thus the Kingdome was Salomons from the Lord 1 King 2. 15. And the Kingdome was his because the Lords people chose him King even Nathan Zadok Benajah and Bathsheba Not the greater number but the better people for their affection to God and to goodnesse Not for eldership for Adonijah was Davids Son too and elder then he yet he laid aside his claime when it was knowne to him that Salomon reigned in Israel And Davids Vote given for Salomon while yet David was living plainly shewed that the ruling of the Kingdome was not by inheritance but by choyce not by succession but by election of the people For that election at first made by a few was afterward confirmed by all Israel when they saw the wisdome of Salomon to doe justice and judgement As was fully declared in the 13. Sect. heretofore position 2 The very claiming of a void Kingdome or Commonwealth in the case of succession is Treason against the free Commoners thereof yet it may be pardoned on submission of the party claiming with condition of his keeping Good-behaviour afterwards This was Adonijah's case who succeeded David the King and hereupon made claime to the Kingdome rid in triumph made a feast to his adherents whom he called to Councell yet he doing obeysance to Salomon whom the people chose King the King said unto him by way of pardon Goe to thy house in peace and by way of warning he said shew thy selfe a worthy man 1 King 1. 5 6 7 8 9 51 52 53. It may be it was an errour occasioned from the people freely suffering successours to rule them position 3 Second-Treasons are not to be pardoned When Adonijah had acknowledged King Salomons authority and found mercy upon his first offence As for him then unworthily to desire Abishag to be his wife who had laine in King Davids bosome When Bathsheba represented to Salomon Adonijah's desire he bad her aske for him the Kingdome also for hee is mine elder brother taking his ambition herein to be a designe for the Kingdome And the King commanded Benajah to slay Adonijah forthwith wâ—â—â—â—ut any reprivall 1 Kings 2. 13 17 20 22 24 25. position 4 Wilfull murder in a time of peace is to be punished with death first or last Who so killeth any person the murderer shall be put to death by the mouth of witnesses Numb. 35. 30. Joab shed the blood of war in peace he slew Abner and Amasa men more righteous then he 1 Kings 2. 5. Indeed David spared him because the sons of Zerviah were stronger then be 2 Sam. 3. 39. But afterwards David put King Salomon in mind that he knew it and that he should punish him for it Wherefore King Salomon finding Joab one of the evill-counsellours of Adonijah resolved he should have summum jus and though he spar'd the rest of that confederacy yet he gave sentence against him And at the Kings commandement Benaiah did justice on Joab though he was the Generall at that time and slew him without any respect of persons position 5 No plea or excuse can serve to cleare a murderer Yee shall take no satisfaction for the life of a murderer that is guilty of death but he shall surely be put to death Numb. 35. 31. Joab going after Adonijah might not longer be spared from death which for murder he had deserved though he had not gone after Absalom though he had formerly in Davids warres done the King good service Yea and though he fled to the hornes of the Altar at last pretending repentance At the Kings commandement Benaiah went forth and slew him there for his murder in King Davids dayes and for his Treason in King Salomons time 1 Kings 2. 28 34. And this is Gods rule If a man forsake his righteousnesse and commit iniquity shall he live all his righteousnesse that he hath done shall be forgotten and in his sin that he hath committed he shall surely dye Ezek. 18. 34. Which is the case of the revolted Scots their former joyning with England in Covenant making and keeping for the good of both Common-wealths cannot excuse them breaking the Brotherly Covenant proclaiming King over England a man whom for his dis-service to this people this State had declaratively disclaimed and by their promising to enthrone him in England against the will of this free people who had
first Samuel chose Saul King then the people and Benaiah Nathan and Zadok first chose Salomon King the generality of the people freely suffering the choyse afterwards the rest of the people came in approved the choyse and renewed the Kingdome 1 Sam. 11 12. But the people of Israel gave not their approbation of their Kings chosen by the better sort untill the persons chosen had given them some singular proofe of their valour as Saul did or of their wisdome as Solomon did when Nahash the Ammonite was destroyed and the City of Jabesh Gilead delivered by the hand of Saul then the people cried Who is he that said Saul shall not reigne over us bring the men that we may slay them and all the people went with Samuel to Gilgal and there they made Saul King 1 Sam. 11. 14 15. Likewise when Salomon had given Judgement between the two women both claiming the living childe they feared the King for they saw the wisdome of God was in him to doe Justice So Salomon was King over all Israel 1 King 3. 28. 4. 1. Thus here in England when the Peoples Trustees by Counsels in Parliament had often delivered this Common-wealth from their enemies hand and had from among their Brethren of the same Nation and Religion set up Keepers of the Liberties of the people by Authority of Parliament approving the choyse made have liberally laid out their persons and estates for the safety of their Rulers and of themselves People may not chuse new Governours without a cause Governours being chosen the power lyeth in them effectually provided they rule well and their people may not chuse new Governours without the consent or death of the old or without the Male administration of Justice in the old Rulers for in case the old Governours chosen continue to rule well the people may not force their consent but it must be a Free Act of the good Rulers to desire the people to chuse a New else if the people causelesly reject well ruling Governours they reject the Lord that he should not rule over them 1 Sam. 8. 6 7 8. The people may not without imputation of Treason cry What portion have we in David while David liveth and ruleth well nor have they at such a time any cause to follow a rebellious and flattering Absalom to doe them Justice Indeed on just reason declared Governours may remit their power to the people that chose them and people thus re-impowred may with the same Liberty set up other Governours over themselves as Nathan Zadok and Benaiah made choyse of Salomon for King when David grew old sick Bed-rid unserviceable and bad them make Salomon King 1 King 1. 33 34 35. otherwise the people may not change without a cause and the Governour or Governours are to use his or their power for the Common good that they give no just occasion to dis-engage the people and to make them change The occasion of chusing Governours The occasion of people's chusing Governours was the Countries danger and the end of that choyse was the peoples safety which Samuel implyed when he faulted the Israelites for desiring a King so unseasonably at a time when they dwelled safely and were delivered from their enemies on every side 1 Sam. 12. 11. Indeed Israel were without Rulers sometimes when all things were in peace and every man went to his owne inheritance Judg. 21. 25. but when Famine appeared or when War approached then they chose them Governours to feed them Esa. 3. 5. 8. or to judge them and to fight their Battels 1 Sam. 8. 20. when Judges ruled Ruth 1. 1. Elders Kings or Captaines and the Governours chosen performing the peoples trust did thereby oblige the people to stand by their Trustees and some by the Word preached for them some by the Sword fought for them some by their Pen wrote for them and some with heart and tongue prayed for them accordingly Againe when Kings and Rulers did faile their trust reposed in them they dissolved the bands of the peoples Allegiance towards them and the people failing of performing their fealty to such Trust-breakers were spared by Gods appointment Thus when the ten Tribes fell from King Rehoboam for his roughnesse towards them and the people set up Jeroboam for their King Judah was from God by the Prophet forbid to fight against them for the thing was of the Lord 1 King 12. 16. 20. 24. Thus the old Romans cast off Tarquin and all Kingly Government for the pride and cruelty of that King and for the unchastity of his lecherous Sons and chose them Consuls who might better consult and provide for the Countries good Also it is said of Brutus who was one of their Consuls That he scourged and beheaded his owne Sons for attempting to bring in Kings againe Florus lib. 1. cap. 9. Just Governours to be upheld by the people To the Free People of England Epist. DEare Fellow Commoners it hath been declared already that the best way to settle the Common-wealth in a firme and lasting peace is to looke backe to rules of equity and justice to principles of Nature and right-Reason to Gods Law and good Conscience and every one of you must contribute your utmost hereunto That power lyeth in you and there is now recovered your right to use it Your Liberties have been redeemed to you at a deare rate and with great expence of Bloud and of Treasure maintaine it then as Free-men and use your Liberty not against your selves but for your selves Cease mourning for Saul the King and his Traines the Body is not destroyed by removing bad humours let your hearts be towards the Governours of England who have willingly offered themselves among the people and to their Servants who have jeoparded their lives for your sakes I meane to the Commons in Parliament the Councell of State and their Armies who have not designed upon you for their owne worldly advantage but have scoped at your welfare who by no sensible feares have suffered themselves to be perverted from impartiall Justice but have bound up your safety and theirs in one With what reason should they receive the benefits of Law who deny obedience to the Law What priviledge can a proprietary possesse by Law of the Land who denies to doe that which even the Law of Nature calls for of him The non-engaging does not strip him of his priviledge of the Law but the standing by himselfe without Law who engages not brings him into danger and certainly he deserves no advantage by a Garrison who refuses to help in time of a Siedge And having performed their trust they have declared themselves willing to lay downe their power not Lording it over you but leaving the power free to you for chusing a new Representative and being set free chuse for your selves for yee need Counsellours but Nunquam consilium suit in populo nunquam certa constans vitae ratio and where no counsell is the
already accepted of another Government For in Christian Commonwealths the right of Rulers lyeth in the vote of the peoâ—â—â—â—husing them as before Sect. 13. according to Hushaâ—'s speech Whom the Lord and this people and all the people of Israel chuse 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 brake the bonds in the matter of Levi's wife her death and banishment they dissolved the bands of brother-hood and Israel being then set free brought the malefactors unto condigne punishment and the men of Giâ—â—â—â— also who after Israels demand to them made kept back the offenders from the tryall 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 lesse punishment be laid on men for the first offence Abiathar the Priest was an evill Counsellor of Adonijah's and helped him forward 1 Kings 1. 6 7 8. Yet King Salomon would not for that fault put him to death because he bare the Arke before David his father and because of his sufferings with David Howbeit Salomon 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 anoynted Salomon King vers. 35. Neither did Zadok scruple to accept of the place because it was a sequestration but he ministred to King Salomon 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 Salomon three yeares But for treasonous breach of his Oath and Articles King Salomon on his silence to the charge judged him to death without further confession or conviction and Benaiah slew him at Salomons command This was King Charles his case who also was condemned to 〈◊〉 on his silence to his Charge read to him the things charâ—â—◠〈◊〉 him being palpable proveable and deserving death in the eye of the Judges position 8 The execution of justice on evill doers is the peace of them that doe well For hereupon it is said The Kingdome was established in the hands of Salomon There would not have been any stable firme and lasting peace in his Kingdome had hee not executed impartiall justice on the breakers thereof See 1 Kings 3. ult. A fit president for the States of England To the Supreame Authority of the Parliament Councell of State and High Court of Justice Epist. MOst honoured Commons of England Civill Governments are ordered by the Lord The most high ruleth in the Kingdomes 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 peoples meanes Oh! that all the Lords people might consent in one to render unto your Authority which God hath so signally blessed to this people all chearfull and faithfull obedience in the Lord for conscience sake and that in thankfulnesse 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 wisdome and prudence the people may be preserved henceforward I know yee are not given to change unnecessarily and what necessity hath lyen upon you the peoples Judges for the change past yee know My humble request is Now Supream power is by the people intrusted 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 wel-doing have praise of you Let evill doers know your justice without partiality quit your selves like men be strong love them that love the Lord That as good men 〈◊〉 â—ell-doing suffered wrongfully and formerly were made to 〈◊〉 now evil doers may flye before your justice and you may render to them as they have served us For God setteth the poore on high from affliction the righteous shall see it and rejoyce and all iniquity shall stop her mouth Thus the Almighty shall be with you to settle this Commonwealth in peace As sometimes Israels Kingdome was established in the hand of Salomon And knowing the same power lyeth in you I thought it my duty to present your honours with Salomons proceedings in following whose steps The eare that heareth you shall blesse you and the eye that seeth seeth you shall beare witnesse to you when yee deliver the poore that cry the fatherlesse and him that hath no helper the blessing of him that was ready to perish shall come upon you and so yee shall make the widowes heart to leap for joy yee shall put on righteousnesse as a robe to cloath you and judgement as a diadem while yee are eyes to the blinde and feet to the lame while yee shall be fathers to the poore and shall search out the cause that came unto you while yee shall break the jaws of the wicked and take the spoyl out of their teeth Job 29. The powers that be here are your selves the enacting and the executing Lawes for the Common-wealth lyeth in your power the Taxes lately raised have not bin for the private use of your selves or of your Children that is forbidden of God Ezek. 46. 18. but they have been indifferently levyed upon your selves and upon the people in defence of the whole Common-wealth and that but for the present necessity in which case King Saul tooke of the peoples goods for the peoples good and was blamelesse 1 Sam. 12. 6 7. Leagues with Idolaters may yee 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 joyne therein yee and they make your selves and them liable to Judgement upon the Nation from the Lord Judg. 2. 11. On the other side if the people joyne not with you in such Covenants your Covenant-making with them will make continuall strife among your selves untill yee all be
State still In the want of Bishops here is a Church still And in the want of the Statutes of Omri the Bishops Lawes I mean their lacks not Lawes to Rule and Governe the people by even now though lawlesse persons grudge and acknowledge them not for even the Souldiers or some of them have by law suffered for their own evill doing Wherefore if men doe onely that is right in their own eyes it is not for want of Rulers nor with the toleration of the Magistrate let not our State beare blame for that But why may not he meaning the King of Scots desire his owne objection 5 his owne inheritance No man can be right Heire to any earthly Kingdome since Christ the Heire of all things was deprived and Crucified Duke William got his power over this Kingdome not by inheritance but by Conquest and the Heire was in this Family put besides the Crowne and many more since that as Eleutherus Philodemus largely sheweth Now the King of Scots for whom you plead must either plead Conquest from the Conquerour or succession from his Father because you say this Common-wealth is his owne whereas indeed neither Victory nor Succession gives any man right to reigne over a people only Reddit idoneos it makes men fit Vti Rex Jac. Moreover the Kings of England were formerly such as the people did chuse as Mr. Cooke in his Appeale hath observed from the forme of their Oath for when King of England were Crowned they bound themselves by Oath to rule the people according to the Lawes of this Nation also the people either chose or accepted them for their Kings hereupon engaging their Allegiance to them The old King Charles by his Hostile Breaches of his Oath dissolved the people from their Bond and from their Obedience too he forfeited his Kingdome and ceased to be King As for the King of Scots he had neither election nor approbation from this Common-wealth nor from the Representative thereof the Commons in Parliament and his claime without the peoples consent gives him no more title to reigne here then Absalom had to rule Israel who designed to be King while David was King there and ruled well also for so the People of England have chosen or accepted other Governours according to their Liberty their Liberty being as theirs was in the Common-wealth of Israel who desired Elders Judg. 8. 22. Chap. 11. 6 11. Ah objection 6 they have taken away the life of the former King a vertuous King a Divine King and they will have none of his Race to reigne after him If his life be taken away it was not for his vertue nor for his Divinity neither Where were his vertues seen in his latest governing he proclaimed and waged warre against his best Subjects the Parliament and his good People was this a vertue in a King set up to fight for the People for this the Commons of England in Parliament have declared him a Tyrant now Tyranny is no vertue and when in the face of Death he used a forme of Prayer taken out of Sir Philip Sidny's Arcadia he proved himselfe neither Vertuous nor Divine and if his Sonne walking in his Fathers steps be also cast off from reigning in England it is according to Gods Law If he beget a Sonne that is a shedder of bloud shall he then live he shall not live he hath done all these abominations he shall surely dye his bloud shall be upon him Ezek. 18. 9 13. by which Law he is cast out of this Kingdom and out of the Land of the living too Thus Jehu rooted out murderous Ahab and all his race so Jehu slew all that remained of the house of Ahab in Iezreel and all his great men and his Kins-folke and his Priests untill he left none remaining 2 King 10. 11. True it is Kings were of old Divine being promised of God to Abraham Kings shall come out of thee Gen. 17. 6. And some were by Gods appointment anoynted Kings as Saul and David but of all Kings since Christs death it may be questioned Whose are all these For after the Scepter departed from Shiloh what man after Christs death was ever Anoynted King by Gods Command After the Jewes had killed the Heire they said So the inheritance shall be ours Mat. 21. 38. It became indeed theirs by force of violence because they seized on it not by course of Nature nor by inheritance nor gift but Conquest made Kings Kings indeed were supreame Vt caeteris hominibus praeirent praelucerent To use King James his phrase that they may excell others in doing service to the people as wel as being in place above the people not to magnifie their Name but to minde Kings of their duty But even Kings with all their supremacie were all but Kings of this World after Christ their Kingdomes Kingdomes of men Dan. 4. 17. being chosen by men as the Kings of the Nations at first Kings of the earth 2 Chron. 9. 22 23 26. Kingdomes of this world Revel. 11. 15. They were {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} an Ordinance of man 1. Pet. 2. 13. So changeable they are as the people see just reason and cause for it E. Philodem p. 56. altering the forme of Government for the substance sake and preferring the greater before the lesse even Religion towards God and the Liberties of the people afore the Person of the King therein not breaking but keeping the Covenant according to the equity thereof Vide the Declaration of the Army marching into Scotland wherefore The Kingdomes of this world are become the Kingdomes of our Lord and of his Christ and if the Powers that be doe not {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} feed the people by ruling over them their power shall be likewise broken as this of England hath been be the Nations never so angry Revel. 11. 15 17 18. then no marvell if his servants serve him The Brazen Serpent in the Wildernesse was ordained by God but Hezekiah seeing it abus'd to Idolatry beate it to powder threw it into the river and cald it Nehushtan 2 King 18. 4. and if this State have for his pride and tyrany brought this man downe into the dust of death and rooted out all Kingship after him Righteous art thou O Lord and upright are thy Judgements Psal. 119. 137. when King Amaziah turned from following the Lord they conspired against him pursued him to Lachish and slew him there 2 Chron. 25. 27. 28. no man ever was questioned for it Thus that English King lived like Rehoboam following the young mens counsell spake roughly and armed himselfe against his owne people 2 Chron. 10. 13 14. 11. 1. and he dyed like Jehoram who reigned wickedly and dyed without being desired of the people 2 Chro. 21. 19 20. But he hath received that recompence of his errour which was meet and loath should I have been to have raked up the dead-mans bones againe but in defence of