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A76397 King Charle's [sic] triall justified: or, Eight objections against the same fully answered and cleared, by Scripture, law, history and reason. Being the sum of a charge given at the last sessions held at Trewroe in the county of Cornwall, Aprill 4. 1649. / By Colonell Robert Bennet. Published by authority. Bennet, Robert, 1605-1683. 1649 (1649) Wing B1886; Thomason E554_21; ESTC R949 10,917 16

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King Charle's TRIALL IUSTIFIED OR Eight Objections against the same fully answered and cleared by Scripture Law History and Reason Being the sum of a Charge given at the last Sessions held at Trewroe in the County of Cornwall Aprill 4. 1649. By Colonell Robert Bennet Published by Authority LONDON Printed for R. A. 1649. The sum of the Charge at the Sessions held at Trewroe Aprill 3. 1649. for the County of Cornwall GEentlemen By the good providence of God we are once more met upon this imployment of Justice the conservative of our civill peace wherein the goodnesse of our God is the more observable that even while the Sword which had wont to silence the Law hath been called to act in most parts of the Kingdome our Judicatures neverthelesse have had their freedome to heare and redresse the peoples complaints Deus nobis haec ●tia fecit this is no other then the finger yea the right hand of the Almighty amonst us It is fallen unto the lot of a very insufficient person to give the Charge this day especially considering the late transmutations in the Nation which in no reason may be slipt over in silence at such a time as this I know they have given occasion to the raising of many regretfull Objections in the minds of the people the which to remove I conceive it a proper work for this occasion Object 1. Say some The King is dead and by what Authority dost thou these things and who gave thee this Authority Resp We act as Justices by Commission and Authority from the Legislative power of the Kingdome the Commons in England vertually the same Authority gives us our Office that gave all the Kings of England their Office and Trust which appears by that Interrogatory to the people in the old forme of their Coronations Will you have this man to reigne over you Which Solemnity the Law intends should be at a generall Convention of the whole Kingdome and inflicts a penalty upon every man of estate that shall be then absent and the practise of the Kingdome was suitable to the Law the greatest number of Kings since the Conquest having no other colour to the Crown but the Parliament and peoples Authority We sit as Justices by the same Authority which was to chuse the Laws and Customes by which the Kings of England were bound by Oath to govern the Kingdome The same Authority by which all the Courts of England stand and their Officers uphold the justice of the Common-wealth even from that authority under God we derive our present power which gives a legall existence to all the just powers Civill or Military which ever were or now are in the Nation And although this and other services had wont to be in the Kings Name it will appear to have been but for matter of form and that the life and power was in and from the people because the people brought that power into a Law the Law trusted the King with it to convey it to particular persons the people limited the trust they gave the King in the Law he might not dispose it as he pleased himself he might not Commission an Alien or a Papist and therefore the people are the originall of all true power and that conduit Pipe of Authority the King being cut off the trust returnes to the first givers the people from whom our authority as out of the very fountain issueth Object 2. But the King is dead not by a naturall but a violent stroke How cometh that to passe Resp The King indeed is fallen by the stroke of Justice which smote him openly for his Crimes and the bloud he had shed in the face of Heaven and I confesse when persons of highest trust among the people are brought to the Axe it presents us a dolefull case Neverthelesse when fury doth not hurry them but Justice laies hold upon them in the way of God we have all cause to sing Gloria Dee in excelsis in terris pax inter homines benevolentia Object 3. But is not the Person of the King priviledged doth not the Scripture say He that toucheth him shall not be innocent Resp The King must not be touched by the secret or open violence of men upon any pretence when he performs his office Nay he may not be touched for his offences upon mens irregular passions but the King and every son of Adam may and must be touched by the Ordinance of the Almighty set up against evill doers even by the impartiall hand of Justice which is Innocency it self I confesse that King that sits upon his Throne and scattereth the wicked with his eyes That King that faithfully judgeth the poor his Throne shall be established for ever he is the priviledged King that must not be touched But such a one was not the person fallen but a mighty hunter of his poor people before the Lord and if so The holy God who respecteth not persons hath given us in his Book precept and instance beyond all exception that in such case no mortall humane flesh hath a priviledge from the stroke of Justice to the losse of life As therefore the Objector hath appealed unto Scripture unto Scripture shalt thou go Gen. 9.4.5.6 verses God forbids all eating of Bloud because it was the life of the Creature in the fourth verse The reason of this prohibition appears in the entrance to the fifth verse your bloud of your lives will I require he will surely make inquisition for the bloud of man and then the Lord expresseth himself in the manner in a universall proposition which saith Deodat laies impartiall hold on great as well as on petty offenders At the hand of every mans Brother will I require the life of a man which I understand in the active as well as in the passive sence viz. that every brother do bring as well as be brought to Justice for bloodshed And that God requires this at the perill of the neglecter though a brother as well as declare it to the terrour of the spiller of bloud though a brother and then at the sixth verse we have a plain irrepealable Law in the cause He that sheddeth mans blood by man shall his blood be shed with such a reason annexed as admits no exception amongst the sons of Adam for in the Image of God made he Man so that two universall Propositions arise out of these words First Every murtherer is to be put to death Secondly Every man that will be guiltlesse of bloudshed must indeavour to bring the Murtherer to Justice And in further evidence to the truth hereof let us consider what a likenesse here unto have all Gods expressions upon this occasion More precisely in the 35. of Numbers a Chapter treating only of this subject of bloodshed there we see the first universall Proposition frequently repeated in terminis The murtherer shall surely be put to death verses 17.18.19.30.31 And no lesse plainly have we the second universall Proposition
to over-run all And that designes of that mischievous nature securely prevented they did resolve to abandon all force and to live onely upon rule of Law And when indeed bona fide the case is such I do not think but force which is as much the Ordinance of God as freedome hath then its rightfull use and exercise viz. to set at liberty that justice and truth which corrupt men hold captive under a pretence of Priviledge and that the equity of mans intentions and actings in such extremities will justifie before God and man rather then the letter applyed to uphold a mischief this case must needs be frequent in Imperfect humans Constitutions unlesse rules seasonably make remedy upon complaint and this was apparently the case between the King and Parliament in sundry particulars and let the judicious say having read the Armies Remonstrance if this became not now againe truely as much the case of the Kingdome as then And yet besides all this the Army will plead that when they did interpose an act after multiplied addresses made to the Parliament and themselves they did it for the removall rather then the laying on of a force upon the Parliament the Houses enjoying an unquestionable freedome when the King rejected the foure Bils presented to him in order to a Personal Treaty and consequently when they passed the Votes of Non-Addresses which followed therupon which Votes stood good many Months but a party in Scotland liked not this course their great design being to keep and maintain themselves an interest in this Common-wealth and under the abused names of Treaty Covenant and Church-government they close with the Cavaliers in falls a round party that had appeared for the Parliament by Land Batten and Jorden by Sea the Lord Willoughby of Parhath formerly made Speaker of the house of Lords pro tempore and the multitude of the City revolted Shipping united all together quickly found a meanes to kindle such a flame in the bowels of the Kingdom that nothing but the hand of God remained of power to quench it again imperious petitions daily storm the Parliament speaking concurrently with all the rest the same language for a Cessation and personall Treaty Where was the freedome of the Parliament in the midst of all these tumults and now many faithfull Members being abroad to quench this horrid flame and others over whelmed with this new faction the rest got an opportunity to revoke the Votes of Non-Addresses so solemnly and deliberately passed and to carry the House for a Personall Treaty upon the worst and most dishonourable termes that had ever ever yes fear the Sunne on the part of the Parliament All the Parliaments friends abroad Presbyterians and others stand amazed at the matter the Kings party in City and Country triumph and browbeat their Conquerors Pamphlets printed to vent much scorne and menacies upon the Parliaments friends at length we all petition against this defusive Treaty the petition 's rejected then all honest parties of the Kingdome close and as the last visible remedy sollicite the Army to interpose by this time returning from one of the wonders of this generation besides other pettier matters the dissipation of the three potent Armies in the North West and South The Army in behalfe of the Kingdome at length humbly remonstrates to the Parliament against the Treaty or at least that they would be more cautious what they did in it for want of audience the Army is faine to declare against it but they were now sunk into so deep a Lethe they were sensible of nothing although God himself in most mens judgements declared against the Treaty in that after so many additions of time to lengthen it out and after the utmost industry used to shuffle up in end the time expires and all parties are forced to break off without any thing done and to summe up the fruit of all this expensive tedious Treaty in a Vote that the Kings Concessions were not satisfactory truth is he had granted nothing at all to the satifaction of the Kingdome and yet the strong factions in and about the Parliament within foure dayes and nothing more done or obtained carry the House againe into a Vote that the Concessions were a ground to proceed upon to settle the peace of the Kingdom all which tossng turning and over-turning in so bad a businesse was no other in my eye then the effect of a force upon the freedome of the Houses first mentioned And then and not till then to prevent a worse mischiefe the Army appeares Vim vi repellere to settle the Parliament in the freedome which it had before the Scottish Confederacie and the repeale of the Votes of the Non-Addresses and for their seizing the persons of the Members I confesse it is my opinion that they that had a hand in or gave countenance to so dangerous a Treason are not fit to be trusted with the Liberties of England Desperate is the safety of that Common wealth where the persons trusted with the supreme Authority challenge a priviledge of impunity when they transgresse Object 8. They that are apt to object that this doctrine exposeth persons in Authority to the daily violencies of the instable multitude Resp Did they Christianly consider from whence the safety of Rulers ariseth they would blush to make that objection God is the alone giver of safety and well-governing is the good Rulers best preservation If the Heathen Poet could say Integer vita scelerisque purus non eget Mauri jaoulis vec arcu I would not have Professors of Christian Religion more faithlesse then the Gentiles the uprightnesse of the upright shall deliver him and let men make their Tower never so strong unrighteousnesse will make them desolate To conclude although the King be dead although he be fallen by the hand of Justice notwithstanding his pretence of personall priviledge from Scripture or from his Supreme Authority notwithstanding the clause in the Covenant and the non-concurrence of the House of Lords or pretended force of the Army upon some Members or any other objection our Authority as Justices of the Peace appears to me unquestionable and sure And what I have spoken upon this subject I desire may not be understood to aggravate or keep up differences amongst men I have laid aside many pertinent things because I would not offend I professe seriously in a conscientious desire of the peace and good agreement of all men that desire peace I have been thus large to cleare the foundation of the freedome and authority of the Commons of England that we might all build our peace together upon this sure Corner-stone under God You see I have not favoured any particular interest above other in al my Discourse I have spoken under no other name but as an English man and a promoter of common justice without respect of persons t is your Priviledge to enjoy it as old as England your unsetled minds hinder the enjoyment