Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	legal_a	2,470	5	10.2354	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

in verses 31.33.34 expressely declaring that bloudshed defiles the Land that the Land cannot be cleansed but by the blood of him that seed it And that therefore they should execute the Murtherer that they might not be defiled with blood There shalt take no satisfaction for the life of a murderer The murderer shall surely be put to death So we see it is plain every man that will be guiltlesse of bloudshed must endeavour to bring the murtherer to justice And therefore if the King be descended of the sons of Adam and if he have unjustly spilt the bloud of his people the Scriptures are plain that he hath no priviledge and that unlesse the people indeavour that the hand of Authority touch him for it the blood he hath spilt hath defiled them all and they cannot be innocent His Throne can give him no priviledge in this case of blood God would not endure that his Throne should exempt from Justice the Sanctuary was his Throne amongst men yet God commands the murderer to be taken thence executed Exod. 21.14 And wise Solomon understood it so when he commanded Benhaiah to execute bloud guilty Joab having the horns of the Altar in his hand if God would have the bloud guilty person pluckt from his own most sacred Throne yea executed in it which in other causes was an insufferable prophanation it cannot displease him to pluck a Murtherer to Justice from the Thrones of men and as the Scriptures clear the Thesis so their instances make good the practise that Kings are responsible to God and to men too for their bloodshed and misgovernment that they have no such priviledge of Impunity for their Prsons as their Parasites have flattered them to believe which King Agag found to be true notwithstanding his Plea that he acted Loco tempore belli and had Quarter given him 1 Sam. 15.33 the Kings of Israel and Judah give us many presidents of the same the cause of Jehu upon Jehoram being very opposite God giving testimony by a blessing upon his posterity 2 Kin. 8.30 and although the persons that acted in chiefe in such causes for their indirect intentions and other prevarications often drew upon themselves the wrath of God altered the nature of the work in their own persons yet did not that at all cleave to it in the Abstractum of executing Justice upon the capitall Offender which all along we find approved as well as commanded of God And if I may be permitted to travell amongst the Nations of the world what people hath not avowed their right herein Let the Queen-Regent of the Western world Imperiall Rome as she gave law to all the rest speak for all How often did it change the forme of the Supreme Authority for the corruptions of those that were intrusted with it Remarkable is the Sentence of the Senate upon the Emperor Nero who for his misgovernment and basenesse was adjudged to be whipt to death saith my Author In consensu Senatus praecipuorum Ducum exercituum jùste Decretum est ut Tyrannus telleretur Although he escaped execution by being his owne Executioner a day too soon Object 4. But was not David guilty of the death of Uriah and yet he did not suffer for it Nay did not David execute the Amalekite that slew wicked King Saul because he stretched forth his hand against the Lords Annoynted notwithstanding the Amalekite pleaded that Sauls escape was past hope and that what he did was to put the King out of the anguish and pain he was in Resp First for the case of David in the death of Vriah although this Answer were sufficient to that Argument to say that it is absurd and illogicall because it concludes from a particular to a universall and from a matter of fact to a matter of right Negativè and another sufficient Answer to this Argument may be that the death of Vriah being secretly contrived to be done upon an assault by the hand of the Enemy where there were others in the party and Vriah might have a possibility to come off that therefore no humane Judicature which is to proceed secundùm allegata probata could find the matter of fact yet I rest not in these replies but for satisfaction to this doubt I answer That it was not Davids Regall Authority that did exempt him from Justice in this case but it was the indulgence of the Almighty upon his true repentance and the Text is plaine for it 2 Sam. 12. at the fifth Ver. David unawres giveth a sentence of death upon himself to Nathan and at verse 13. there is Davids repentance I have sinned against the Lord then follows the Lords indulgence the Lord hath put away thy sin and that is not all thou shalt not die there is Davids full discharge from the hand of Justice for the case of the Amalckite what a sencelesse argument more is this to conclude from Davids execution of Justice upon a wretch for a bloody murther upon a King when he was in the most undoubted discharge of his duty unto the exempting of a tyrant from Justice for his misdeeds who did ever justifie such a wilfull murther upon any man though never so wicked Object 5. Quis est tam magnus pro tanto munere hoc Is not the King Supreme who can try him seeing Supremo non datur Superius Resp There is great odds between Supreme in power to give and Supreme in power given he that is only Supreme in power given is not so high but that there are greater then he and such is the King of whom it was true that he was Major singulis but Minor universis and long since this Nation knew the Kings Superiour Scilicet Curiam suam saith old Fleta the people in Parliament who often heretofore did and now again may try their Kings as well as other Officers Object 6. But what say we to that clause in the third Article of the Covenant which respects the preservation of the Kings person and Authority The Article runs thus We shall with the same reality and constancy in our severall vocations indeavour with our lives and estates mutually to preserve and defend the rights and priviledges of Parliaments and the Liberties of the Kingdoms and to preserve defend the Kings Majesties person and Authority IN THE PRESERVATION AND DEFENCE of the true Religion and Liberties of the Kingdoms that the world may bear witnesse with our consciences of our Loyalty and that we have no thoughts or intentions to diminish his Majesties just power and greatnesse Resp The plain purpose and scope of this clause in the Article concerning the King was to testifie the tender affections we had to him and must to our comfort remaine a Monument thereof to all Generations as also that we endeavoured if it had been possible to winne the King to us before he had run himself and the Kingdom into more mischief and the better to prevall herein we gave

him which may more this Solemne assurance in the Covenant that we meant to give him the greatest share in the preservation of Religion and the Liberties of the Kingdom that we should exalt his Throne and make him greater if it were possible in the affections of his people at home and more scared of his enemies abroad then any of his Ancestors But the King in whose power alone it remained by joyning with us to put us into a condition to act what we did intend rejects the Tender Declares and makes warre against us What colour is there then to presse it now upon us the plaine and Grummaticall sense of the Article being that is covenanteth for some things absolutely and singly viz. to Indeavour c. the preservation of the Priviledges of Parliament the Liberties of the Kingdom and true Religion for other things it covenanteth under a restrained limited and conditional sense viz. to preserve the Kings person and Authority the express words are IN THE PRESERVATION of Religion and the Liberties of the Kingdomes and no otherwise nor farther 〈◊〉 so And 〈◊〉 both sides alwayes interpreted this Article That the King and his party understood it thus besides many other arguments drawn from their violent practises against it appears very plainly in all their Pamphlets against the Covenant many of which I have seene the chiefest of that party concluding from this Article that unlesse the King 〈◊〉 with the Parliament to use their own words turne Round-head the Covenant provided not at all for him Very much to this purposespeaketh a Treatise against the Covenant printed at Bristol about five yeeres since and another set forth by the University of Oxford approved by generall consent in a full Convocation June 1. 1647. Nay some of that side of no small judgement have maintained and well enough they might as to the Kings interest which they endeavoured to set up that it had beene farre better the King had not been mentioned as all in the Covenant in that limited sense That the Parliament doth so understand the Article appears that immediatly after the Covenant had beene taken they did more vigorously prosecute and require others to prosecute the warre even when the King was upon the place without any respect to his person and authority and after gave Commission absolutely without limitation or restraint in that case And moreover the Parliments using of the Kings name in their publike authorities hath still beene interpreted in opposition of his person because his person was in opposition to his duty which was to protect the people and the Courts of Justice not to make war against them and so and no otherwise they have still interpreted themselves to the people in the Oaths of Supremacy and Allegiance and all other ingagements of like nature as binding the people to the publike Liberties in opposition to the Kings person now in armes against them And we have all along so understood them and not otherwise that if at any time the preservation of the Kings authority and person stood in competition with Religion and the publike Liberties we have beene instructed that the Covenant and Oathes aforesaid bound us to preferre the latter Unto all which if we adde the warre mischiefe and bloodshed of three Kingdomes by the King maintained to the last extremity it will appeare that neither the Covenant and Oathes aforesaid nor any heart truly conscious of the glory of God can afford a plea sufficient to exempt the King from Justice And sure it is the horrible unrighteousnesse of our natures to think that God likes well the execution of inferiour offendors and the sparing of the Capitall in one and the same matter Object But there were no Lords consenting to this Tryall of the King Resp You cannot say so t is true the majority dissented but what of that Hath the Negative of the Lords House beene judged a sufficient Barre to the proceedings of the Commons The matter was otherwise about seven yeeres since when Master Pim was sent to the House of Lords to tell them that if they refused to joyne with the Commons in setling the Militia the Commons would do it of their owne authority and the Lords should have no share therein and the matter was otherwise when about five yeeres a worthy Gentleman of this County now upon the Bench being unjustly imprisoned by that House was discharged with dammages by the Commons to his immortall honor I am sure if the King cannot justly claime a Negative against the People because he is sworne to Governe by the Lawes which the People shall choose the Lords who never had the Peoples choyce but sit by Patent from the King cannot claim a Priviledge against the People which the King that gave the Patent had not in himselfe I honour the persons of the Nobles of England and their lawfull Priviledges and I am perswaded that the truly noble amongst them will not keep up such Priviledges as are not consistent with the Fundamentall Priviledges of the Free borne English Nation the mother of us all and for the rest I am apt to say with the Philosopher Nulla mihi inter malos Tyrannos Nobilitas Object But the Commons House was not free They had a Treaty with the King How came that to be broken off Did not the Army interpose and take many Members and Imprison them coming to the House Resp First 'T is somewhat worth your notice That the Treaty expired before the Army acted otherwise then by way of humble Message neverthelesse if the Councell of the Almighty had been so I could have wished that there had never been a colour for this Argument of a force upon the Parliament which hath been over and over the Plea of every side I could wish there had been no colour for it when the Scottish Army was kept so long in the Kingdome at their first entrance and after satisfaction given them nor when the tumults came first to Westminster or when the Seamen came first against White-Hall with Ordnance in Liters nor upon the frequent insurrection and insolent Petitions in and about London upon all emergencies nor upon this last occasion mentioned in the Objection But I perceive God had a purpose to staine all creature glory by suffering men to run into folly so far that sometimes by force they must be pulled out of the fire they had kindled upon themselves and others The answer which the Parliament party gave their adversaties upon this Argument was that they cordially endeavoured the publike good and the redressing of the soule abuses in the former government that the soones of Zerviah were too hard for them that there was an intended yea a visible mischief acting against the honest party by a Malignant party that their owne actings which had any appearance of force had an equitable justice in them were defensive because they were either for the prevention or for the present encounter of such eville as were ready

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