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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