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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
of it and lengthens out your troubles and burthens to the griefe of those that labour for you in this and other Seates of authority this is the worst I intend publike peace upon a foundation of equall Justice and I specially commend it for the present service to the Grand Inquest because in order thereunto by you the first part is to be acted I shall not fall into a particular enumeration of offences and Statutes made against them as the manner is it is common to you at every Assizes and Session of the Peace and I am confident you need not a repetition at present therof Thus much only be pleased in the generall to hear in that kind Let not blood oppression and fraud escape your severest inquiry respect no mans person that comes in judgement before you present all wilfull and prophane Blasphemers of the Name and Majesty of God let vagrant Rogues Idelers and the common Nurseries of all basenesse and mischeif Alehouses feele the justice of the Law And while you are together bethink your selves of something of your own for the better securing of the County against invasion and insurrection of somthing for the advance of your own Manufactures and Commodities for the bettering of the condition of the poor that that shame of men Beggars and begging may cease amongst us and whatever else may give an advancement to righteousnesse and peace and we on the Bench shall joyne with you and the God of Righteousnesse and peace direct us all Amen FINIS To the Religious and Honorable Sir Hardrest Waller Knight Commander in Chief of all the Western Forces and Garisons Honorable and Honoured Sir BEsides the task which your trust hath put upon me amongst the Forces in field a Garison within this County and besider the businesse of my own particular command I have also all along 〈◊〉 a share in the Civill administrations the last singly considered I confesse had been enough to be laid upon such a one as I am who pleads my excuse with you if there appeare not that exactnesse 〈…〉 businesse which is desirable I am full of zeal to have all things amongst 〈◊〉 under a Contentfull as well as a secure management and therefore I was inclinable being moved unto 〈◊〉 to give the Charge 〈◊〉 the last Sessions of the peace where as I had an opportunity so 〈◊〉 it my duty to satisfie the Country concerning the late and present proceedings of the Parliament which have been miserably abused by 〈◊〉 specious objections raised to trouble and interrupt the settlement of the Common-wealth the 〈◊〉 materiall of them have been long since answered and therefore what I did in that Province is little other than a Repetition of old Parliament language and that phrase of 〈◊〉 I have industriously kept my self unto in all my Replies to these Objections And herewith I present the whole to your view the 〈◊〉 I confesse hath some small difference from what was spoken the Liberty I used in expression carrying me into were variety then would beseeme the paper and in one or two passages the 〈◊〉 gathering up what escaped the present expression I assure you else it is one and the something in word and writing I see not any 〈…〉 upon it as worthy the sending to you That you may be perswaded the sooner to accept of my good will and over-look my faults in your own businesse lest in my trust when this Paper shall minde you of ther imployments which must be sometimes attended is the 〈◊〉 design driven as by Sir Your affectionate Servant ROB. BENNET Cornwall April 23 1649.