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<DATE>2010-09-14</DATE>
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<NAME>Olivia Bottum</NAME>
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<P>King Charle's TRIALL IUSTIFIED: <HI>OR,</HI> Eight Objections again&s;t the &s;ame fully an&s;wered and cleared, by <HI>Scripture, Law, Hi&s;tory and Rea&s;on.</HI> Being the &s;um of a Charge given at the la&s;t Se&s;sions held at Trewroe in the County of Cornwall, Aprill 4. 1649.</P>
<P><HI>By Colonell</HI> Robert Bennet.</P>
<P>Publi&s;hed by Authority.</P>
<P><HI>LONDON,</HI> Printed for <HI>R. A.</HI> 1649.</P>
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<DIV1 TYPE="charge">
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<HEAD><HI>The &s;um of the Charge at the Se&s;sions held at Trewroe Aprill</HI> 3. 1649. <HI>for the County of Cornwall.</HI></HEAD>
<P>GEentlemen, By the good providence of God we are once more met upon this imployment of Ju&s;tice, the con&s;ervative of our civill peace; wherein the goodne&s;&s;e of our God is the more ob&s;ervable, that e|ven while the Sword (which had wont to &s;ilence the Law) hath been called to act in mo&s;t parts of the Kingdome, our Judicatures neverthele&s;&s;e have had their freedome to heare and redre&s;&s;e the peoples complaints, <HI>Deus nobis haec <GAP DESC="illegible" RESP="UOM" EXTENT="1 letter">tia fecit;</HI> this is no other then the finger, yea the right hand of the Al|mighty amon&s;t us. It is fallen unto the lot of a very in&s;uffici|ent per&s;on to give the Charge this day, e&s;pecially con&s;idering the late tran&s;mutations in the Nation, which in no rea&s;on may be &s;lipt over in &s;ilence at &s;uch a time as this. I know they have given occa&s;ion to the rai&s;ing of many regretfull Objections in the minds of the people, the which to remove, I conceive it a proper work for this occa&s;ion.</P>
<P>Object. 1. Say &s;ome, <HI>The King is dead, and by what Authori|ty dost thou the&s;e things, and who gave thee this Authority?</HI></P>
<P><HI>Re&s;p.</HI> We act as Ju&s;tices by Commi&s;&s;ion, and Authority from the Legi&s;lative power of the Kingdome, the Commons in England, vertually the &s;ame Authority gives us our Office that gave all the Kings of England their Office and Tru&s;t, which appears by that Interrogatory to the people in the old forme of their Coronations, <HI>Will you have this man to reigne over you?</HI> Which Solemnity the Law intends &s;hould be at a generall Convention of the whole Kingdome, and in|flicts a penalty upon every man of e&s;tate that &s;hall be then ab|&s;ent; and the practi&s;e of the Kingdome was &s;uitable to the Law, the greate&s;t number of Kings, &s;ince the Conque&s;t, ha|ving
<PB N="4" REF="3">no other colour to the Crown, but the Parliament and peoples Authority. We &s;it as Ju&s;tices by the &s;ame Authority, which was to chu&s;e the Laws and Cu&s;tomes, by which the Kings of England were bound by Oath to govern the King|dome: The &s;ame Authority by which all the Courts of Eng|land &s;tand, and their Officers uphold the ju&s;tice of the Com|mon-wealth, even from that authority under God we derive our pre&s;ent power, which gives a legall exi&s;tence to all the ju&s;t powers Civill or Military, which ever were or now are in the Nation. And although this and other &s;ervices 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, becau&s;e the people brought that power into a Law, the Law tru&s;ted the King with it, to convey it to parti|cular per&s;ons, the people limited the tru&s;t they gave the King in the Law, he might not di&s;po&s;e it as he plea&s;ed him&s;elf, he might not Commi&s;&s;ion an Alien, or a Papi&s;t: and therefore the people are the originall of all true power, and that con|duit Pipe of Authority (the King) being cut off, the tru&s;t re|turnes to the fir&s;t givers (the people,) from whom our au|thority as out of the very fountain i&s;&s;ueth.</P>
<P>Object. 2. <HI>But the King is dead, not by a naturall, but a vio|lent &s;troke: How cometh that to pa&s;&s;e?</HI></P>
<P><HI>Re&s;p.</HI> The King indeed is fallen by the &s;troke of Ju&s;tice, which &s;mote him openly for his Crimes, and the bloud he had &s;hed in the face of Heaven; and I confe&s;&s;e when per&s;ons of highe&s;t tru&s;t among the people are brought to the Axe, it pre&s;ents us a dolefull ca&s;e: Neverthele&s;&s;e when fury doth not hurry them, but Ju&s;tice laies hold upon them in the way of God, we have all cau&s;e to &s;ing, <HI>Gloria Dee in excel&s;is, in terris pax, inter homines benevolentia.</HI></P>
<P>Object. 3. <HI>But is not the Per&s;on of the King priviledged? doth not the Scripture &s;ay,</HI> He that toucheth him &s;hall not be innocent?</P>
<P><HI>Re&s;p.</HI> The King mu&s;t not be touched by the &s;ecret, 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 pa&s;&s;ions; but the King and every &s;on of <HI>Adam,</HI>
<PB N="5" REF="3">may and mu&s;t be touched by the Ordinance of the Almighty &s;et up again&s;t evill doers, even by the impartiall hand of Ju|&s;tice, which is <HI>Innocency</HI> it &s;elf. I confe&s;&s;e that King that &s;its up|on his <HI>Throne, and &s;cattereth the wicked with his eyes. That King that faithfully judgeth the poor, his Throne &s;hall be e&s;tabli&s;hed for ever,</HI> he is the priviledged King that mu&s;t not be touched. But &s;uch a one was not the per&s;on fallen, but a mighty hunter of his poor people before the Lord; and if &s;o, The holy God who re&s;pecteth not per&s;ons hath given us in his Book precept and in&s;tance beyond all exception, that in &s;uch ca&s;e no mortall humane fle&s;h hath a priviledge from the &s;troke of Ju&s;tice to the lo&s;&s;e of life. As therefore the Objector hath appealed un|to Scripture, unto Scripture &s;halt thou go, <HI>Gen.</HI> 9.4.5.6. ver|&s;es. God forbids all eating of Bloud becau&s;e it was the life of the Creature, in the fourth ver&s;e: The rea&s;on of this prohibi|tion appears in the entrance to the fifth ver&s;e, <HI>your bloud of your lives will I require,</HI> he will &s;urely make inqui&s;ition for the bloud of man; and then the Lord expre&s;&s;eth him&s;elf in the manner in a univer&s;all propo&s;ition, which (&s;aith <HI>Deodat.</HI>) laies impartiall hold on great as well as on petty offenders. <HI>At the hand of every mans Brother will I require the life of a man,</HI> which I under&s;tand in the active, as well as in the pa&s;&s;ive &s;ence, <HI>viz.</HI> that every brother do bring, as well as be brought to Ju&s;tice for blood&s;hed: And that God requires this at the perill of the neglecter (though a brother) as well as declare it to the terrour of the &s;piller of bloud (though a brother) and then at the &s;ixth ver&s;e we have a plain irrepealable Law in the cau&s;e; <HI>He that &s;heddeth mans blood, by man &s;hall his blood be &s;hed;</HI> with &s;uch a rea&s;on annexed, as admits no exception a|mong&s;t the &s;ons of <HI>Adam, for in the Image of God made he Man,</HI> &s;o that two univer&s;all Propo&s;itions ari&s;e out of the&s;e words. Fir&s;t, <HI>Every murtherer is to be put to death.</HI> Secondly, <HI>Every man that will be guiltle&s;&s;e of bloud&s;hed, mu&s;t indeavour to bring the Murtherer to Ju&s;tice.</HI> And in further evidence to the truth hereof, let us con&s;ider, what a likene&s;&s;e here unto have all Gods expre&s;&s;ions upon this occa&s;ion. More preci&s;ely in the 35. of Numbers, a Chapter treating only of this &s;ubject of blood&s;hed, there we &s;ee the fir&s;t univer&s;all Propo&s;ition fre|quently
<PB N="6" REF="4">repeated in terminis, <HI>The murtherer &s;hall &s;urely be put to death,</HI> ver&s;es 17.18.19.30.31. And no le&s;&s;e plainly have we the &s;econd univer&s;all Propo&s;ition in ver&s;es 31.33.34. ex|pre&s;&s;ely declaring that bloud&s;hed defiles the Land, <HI>that the Land cannot be clean&s;ed, but by the blood of him that &s;eed it.</HI> And that therefore they &s;hould execute the Murtherer, that they might not be defiled with blood. <HI>There &s;halt take no &s;atis|faction for the life of a murderer. The murderer &s;hall &s;urely be put to death.</HI> So we &s;ee it is plain, <HI>every man that will be guilt|le&s;&s;e of bloud&s;hed must endeavour to bring the murtherer to ju|&s;tice.</HI> And therefore if the King be de&s;cended of the &s;ons of <HI>Adam,</HI> and if he have unju&s;tly &s;pilt the bloud of his people, the Scriptures are plain that he hath no priviledge, and that unle&s;&s;e the people indeavour that the hand of Authority touch him for it, the blood he hath &s;pilt hath defiled them all, and they cannot be innocent. His Throne can give him no pri|viledge in this ca&s;e of blood, God would not endure that his Throne &s;hould exempt from Ju&s;tice: the Sanctuary was his Throne among&s;t men, yet God commands the murderer to be taken thence &amp; executed, <HI>Exod.</HI> 21.14. And wi&s;e <HI>Solomon</HI> un|der&s;tood it &s;o, when he commanded <HI>Benhaiah</HI> to execute bloud guilty <HI>Joab</HI> having the horns of the Altar in his hand: &amp; if God would have the bloud guilty per&s;on pluckt from his own mo&s;t &s;acred Throne, yea executed in it, (which in other cau&s;es was an in&s;ufferable prophanation) it cannot di&s;plea&s;e him to pluck a Murtherer to Ju&s;tice from the Thrones of men: and as the Scriptures clear the <HI>The&s;is,</HI> &s;o their in&s;tances make good the practi&s;e, that Kings are re&s;pon&s;ible to God and to men too, for their blood&s;hed and mi&s;government: that they have no &s;uch priviledge of Impunity for their Pr&s;ons as their Para|&s;ites have flattered them to believe, which King <HI>Agag</HI> found to be true, notwith&s;tanding his Plea that he acted, <HI>Loco &amp; tempore belli,</HI> and had Quarter given him, 1 <HI>Sam.</HI> 15.33. the Kings of I&s;rael and Judah give us many pre&s;idents of the &s;ame: the cau&s;e of <HI>Jehu</HI> upon <HI>Jehoram</HI> being very oppo&s;ite, God giving te&s;timony by a ble&s;&s;ing upon his po&s;terity, 2 <HI>Kin.</HI> 8.30. and although the per&s;ons that acted in chiefe in &s;uch cau&s;es, for their indirect intentions and other prevarications,
<PB N="7" REF="4">often drew upon them&s;elves the wrath of God, &amp; altered the nature of the work in their own per&s;ons; yet did not that at all cleave to it in the <HI>Ab&s;tractum</HI> of executing Ju&s;tice upon the capitall Offender, which all along we find approved as well as commanded of God. And if I may be permitted to travell among&s;t the Nations of the world, what people hath not a|vowed their right herein? Let the Queen-Regent of the We&s;tern world, <HI>Imperiall Rome</HI> (as &s;he gave law to all the re&s;t) &s;peak for all. How often did it change the forme of the Supreme Authority for the corruptions of tho&s;e that were intru&s;ted with it. <HI>Remarkable</HI> is the <HI>Sentence</HI> of the <HI>Se|nate</HI> upon the Emperor <HI>Nero,</HI> who for his mi&s;government and ba&s;ene&s;&s;e was adjudged to be whipt to death, &s;aith my Author, <HI>In con&s;en&s;u Senatus praecipuorum Ducum, &amp; exercitu|um j&ugrave;&s;te Decretum est ut Tyrannus telleretur.</HI> Although he e|&s;caped execution by being his owne Executioner a day too &s;oon.</P>
<P>Object. 4. <HI>But was not</HI> David <HI>guilty of the death of</HI> Uriah, <HI>and yet he did not &s;uffer for it? Nay, did not</HI> David <HI>execute the Amalekite that &s;lew wicked King</HI> Saul, <HI>becau&s;e he &s;tretched forth his hand again&s;t the Lords Annoynted, notwith&s;tanding the Amalekite pleaded, that</HI> Sauls <HI>e&s;cape was pa&s;t hope, and that what he did was to put the King out of the angui&s;h and pain he was in?</HI></P>
<P><HI>Re&s;p.</HI> Fir&s;t, for the ca&s;e of <HI>David</HI> in the death of <HI>&V;riah,</HI> although this An&s;wer were &s;ufficient to that Argument, to &s;ay, that it is ab&s;urd, and illogicall, becau&s;e it concludes from a particular to a univer&s;all, and from a matter of fact to a matter of right <HI>Negativ&egrave;:</HI> and another &s;ufficient An&s;wer to this Argument may be, that the death of <HI>&V;riah</HI> being &s;ecret|ly contrived to be done upon an a&s;&s;ault by the hand of the Enemy, where there were others in the party, and <HI>&V;riah</HI> might have a po&s;&s;ibility to come off, that therefore no hu|mane Judicature (which is to proceed <HI>&s;ecund&ugrave;m allegata &amp; probata</HI>) could find the matter of fact; yet I re&s;t not in the&s;e replies, but for &s;atisfaction to this doubt I an&s;wer, That it was not <HI>Davids Regall Authority</HI> that did exempt him from Ju&s;tice in this ca&s;e, but it was the indulgence of the Almigh|ty
<PB N="8" REF="5">upon his true repentance: and the Text is plaine for it, 2 <HI>Sam.</HI> 12. at the fifth Ver. <HI>David</HI> unawres giveth a &s;entence of death upon him&s;elf to <HI>Nathan,</HI> and at ver&s;e 13. <HI>there is Da|vids repentance, I have &s;inned against the Lord,</HI> then follows the Lords indulgence, <HI>the Lord hath put away thy &s;in,</HI> and that is not all, <HI>thou &s;halt not die;</HI> there is <HI>Davids</HI> full di&s;charge from the hand of Ju&s;tice for the ca&s;e of the Amalckite: what a &s;encele&s;&s;e argument more is this, to conclude from <HI>Davids</HI> execution of Ju&s;tice upon a wretch, for a bloody murther up|on a King when he was in the mo&s;t undoubted di&s;charge of his duty, unto the exempting of a tyrant from Ju&s;tice for his mi&s;deeds? who did ever ju&s;tifie &s;uch a wilfull murther upon any man though never &s;o wicked!</P>
<P>Object. 5. Quis e&s;t tam magnus pro tanto munere hoc? <HI>Is not the King Supreme who can try him, &s;eeing,</HI> Supremo non datur Superius?</P>
<P><HI>Re&s;p.</HI> 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 &s;o high but that there are greater then he, and &s;uch is the King, of whom it was true, that he was <HI>Ma|jor &s;ingulis,</HI> but <HI>Minor univer&s;is,</HI> and long &s;ince this Nation knew the Kings Superiour, <HI>Scilicet Curiam &s;uam,</HI> &s;aith old <HI>Fle|ta;</HI> the people in Parliament who often heretofore did and now again may try their Kings as well as other Officers.</P>
<P>Object. 6. <HI>But what &s;ay we to that clau&s;e in the third Article of the Covenant, which re&s;pects the pre&s;ervation of the Kings per|&s;on and Authority. The Article runs thus.</HI> We &s;hall with the &s;ame reality and con&s;tancy in our &s;everall vocations indea|vour with our lives and e&s;tates mutually to pre&s;erve and de|fend the rights and priviledges of Parliaments, and the Li|berties of the Kingdoms, and to pre&s;erve &amp; defend the Kings Maje&s;ties per&s;on and Authority, IN THE PRESERVATI|ON AND DEFENCE of the true Religion and Liberties of the Kingdoms, that the world may bear witne&s;&s;e with our con&s;ciences of our Loyalty, and that we have no thoughts or intentions to dimini&s;h his Maje&s;ties ju&s;t power and great|ne&s;&s;e.</P>
<P><HI>Re&s;p.</HI> The plain purpo&s;e and &s;cope of this clau&s;e in the Ar|ticle
<PB N="9" REF="5">concerning the King, was to te&s;tifie the tender affections we had to him, and mu&s;t (to our comfort) remaine a Monu|ment thereof to all Generations; as al&s;o that we endeavoured (if it had been po&s;&s;ible) to winne the King to us, before he had run him&s;elf and the Kingdom into more mi&s;chief: and the bet|ter to prevall herein, we gave him, which may more, this So|lemne a&s;&s;urance in the <HI>Covenant,</HI> that we meant to give him the greate&s;t &s;hare <HI>in the pre&s;ervation of Religion and the Liberties of the Kingdom,</HI> that we &s;hould exalt his Throne, and make him greater (if it were po&s;&s;ible) in the affections of his people at home, and more &s;cared of his enemies abroad, then any of his Ance&s;tors: But the King in who&s;e 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 a|gain&s;t us. What colour is there then to pre&s;&s;e it now upon us? the plaine and Grummaticall &s;en&s;e of the Article being, that is covenanteth for &s;ome things ab&s;olutely and &s;ingly, <HI>viz.</HI> to <HI>In|deavour, &amp;c. the pre&s;ervation of the Priviledges of Parliament, the Liberties of the Kingdom and true Religion;</HI> for other things it covenanteth under a re&s;trained, limited and conditional &s;en&s;e, <HI>viz. to pre&s;erve the Kings per&s;on and Authority;</HI> the expre&s;s words are IN THE PRESERVATION <HI>of Religion and the Liberties of the Kingdomes,</HI> and no otherwi&s;e, nor farther <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> &s;o. And <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> both &s;ides alwayes interpreted this Article; That the King and his party under&s;tood it thus, be&s;ides many other arguments drawn from their violent practi&s;es again&s;t it, appears very plainly in all their Pamphlets again&s;t the <HI>Cove|nant,</HI> many of which I have &s;eene, the chiefe&s;t of that party concluding from this Article, that unle&s;&s;e the King <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> with the Parliament (to u&s;e their own words) turne <HI>Round|head,</HI> the <HI>Covenant</HI> provided not at all for him: Very much to this purpo&s;e&s;peaketh a Treati&s;e again&s;t the Covenant printed at <HI>Bri&s;tol</HI> about five yeeres &s;ince, and another &s;et forth by the Univer&s;ity of <HI>Oxford,</HI> approved by generall con&s;ent in a full Convocation, <HI>June</HI> 1. 1647. Nay &s;ome of that &s;ide, of no &s;mall judgement, have maintained (and well enough they might) as to the Kings intere&s;t which they endeavoured to &s;et up) that it had beene farre better the King had not been mentioned
<PB N="10" REF="6">as all in the <HI>Covenant</HI> in that limited &s;en&s;e. That the Parliament doth &s;o under&s;tand the Article, appears, that immediatly after the <HI>Covenant</HI> had beene taken, they did more vigorou&s;ly pro&s;e|cute, and require others to pro&s;ecute the warre, even when the King was upon the place, without any re&s;pect to his per&s;on and authority, and after gave Commi&s;&s;ion ab&s;olutely without li|mitation or re&s;traint in that ca&s;e. And moreover, the Parli|ments u&s;ing of the Kings name in their publike authorities, hath &s;till beene interpreted in oppo&s;ition of his per&s;on, be|cau&s;e his per&s;on was in oppo&s;ition to his duty, which was to protect the people and the Courts of Ju&s;tice, not to make war again&s;t them; and &s;o and no otherwi&s;e they have &s;till inter|preted them&s;elves to the people in the <HI>Oaths</HI> of <HI>Supremacy</HI> and <HI>Allegiance,</HI> and all other ingagements of like nature, as binding the people to the publike Liberties in oppo&s;ition to the Kings per&s;on now in armes again&s;t them. And we have all along &s;o under&s;tood them, and not otherwi&s;e; that if at any time the pre&s;ervation of the Kings authority and per&s;on &s;tood in com|petition with Religion and the publike Liberties; we have beene in&s;tructed that the <HI>Covenant</HI> and <HI>Oathes</HI> afore&s;aid bound us to preferre the latter: Unto all which, if we adde the warre, mi&s;chiefe and blood&s;hed of three Kingdomes by the King maintained to the la&s;t extremity, it will appeare, that neither the <HI>Covenant</HI> and <HI>Oathes</HI> afore&s;aid, nor any heart tru|ly con&s;cious of the glory of God can afford a plea &s;ufficient to exempt the King from Ju&s;tice; And &s;ure, it is the horrible unrighteou&s;ne&s;&s;e of our natures to think that God likes well the execution of inferiour offendors, and the &s;paring of the Capitall, in one and the &s;ame matter.</P>
<P><HI>Object.</HI> But there were no Lords con&s;enting to this Tryall of the King.</P>
<P><HI>Re&s;p.</HI> You cannot &s;ay &s;o; tis true, the majority di&s;&s;ented; but what of that? Hath the Negative of the Lords Hou&s;e beene judged a &s;ufficient Barre to the proceedings of the Commons? The matter was otherwi&s;e about &s;even yeeres &s;ince, when Ma&s;ter <HI>Pim</HI> was &s;ent to the Hou&s;e of Lords to tell them, that if they refu&s;ed to joyne with the Commons in &s;et|ling the <HI>Militia,</HI> the Commons would do it of their owne
<PB N="11" REF="6">authority, and the Lords &s;hould have no &s;hare therein; and the matter was otherwi&s;e when about five yeeres a worthy Gentleman of this County, now upon the Bench, being un|ju&s;tly impri&s;oned by that Hou&s;e, was di&s;charged with damma|ges by the Commons to his immortall honor.</P>
<P>I am &s;ure if the King cannot ju&s;tly claime a Negative again&s;t the People, becau&s;e he is &s;worne to Governe by the Lawes which the People &s;hall choo&s;e; the Lords who never had the Peoples choyce, but &s;it by Patent from the King, cannot claim a Priviledge again&s;t the People, which the King that gave the Patent had not in him&s;elfe. I honour the per&s;ons of the No|bles of <HI>England</HI> and their lawfull Priviledges, and I am per|&s;waded that the truly noble among&s;t them will not keep up &s;uch <HI>Priviledges</HI> as are not con&s;i&s;tent with the <HI>Fundamentall Pri|viledges</HI> of the Free borne Engli&s;h Nation the mother of us all; and for the re&s;t I am apt to &s;ay with the Philo&s;opher, <HI>Nulla mihi inter malos &amp; Tyrannos Nobilitas.</HI></P>
<P><HI>Object.</HI> But the Commons Hou&s;e was not free; They had a <HI>Treaty</HI> with the King, How came that to be broken off? Did not the Army interpo&s;e, and take many Members, and Impri|&s;on them coming to the Hou&s;e?</P>
<P><HI>Re&s;p.</HI> Fir&s;t, 'Tis &s;omewhat worth your notice, That the Treaty expired before the Army acted, otherwi&s;e then by way of humble Me&s;&s;age; neverthele&s;&s;e (if the Councell of the Al|mighty had been &s;o) I could have wi&s;hed that there had never been a colour for this Argument of a force upon the Parlia|ment, which hath been over and over the Plea of every &s;ide; I could wi&s;h there had been no colour for it when the Scotti&s;h Army was kept &s;o long in the Kingdome at their fir&s;t entrance, and after &s;atisfaction given them; nor when the tumults came fir&s;t to <HI>We&s;tmin&s;ter;</HI> or when the Seamen came fir&s;t again&s;t <HI>White-Hall</HI> with Ordnance in Liters; nor upon the frequent in&s;urrection, and in&s;olent Petitions in and about <HI>London</HI> upon all <HI>emergencies;</HI> nor upon this la&s;t occa&s;ion mentioned in the Objection: But I perceive <HI>God</HI> had a purpo&s;e to &s;taine all creature glory, by &s;uffering men to run into folly &s;o far, that &s;ometimes by force they mu&s;t be pulled out of the fire they had kindled upon them&s;elves and others. The an&s;wer which the
<PB N="12" REF="7">Parliament party gave their adver&s;aties upon this <HI>Argument, was,</HI> that they cordially endeavoured the publike good, and the redre&s;&s;ing of the &s;oule abu&s;es in the former government, that the &s;oones of <HI>Zerviah</HI> were too hard for them; that there was an intended, yea a vi&s;ible mi&s;chief acting again&s;t the ho|ne&s;t party by a Malignant party; that their owne actings which had any appearance of force, had an equitable ju&s;tice in them, were defen&s;ive, becau&s;e they were either for the pre|vention, or for the pre&s;ent encounter of &s;uch eville as were ready to over-run all. And that de&s;ignes of that mi&s;chievous nature &s;ecurely prevented, they did re&s;olve to abandon all force, and to live onely upon rule of Law. And when indeed &amp; <HI>bona fide</HI> the ca&s;e is &s;uch, I do not think but force, which is as much the Ordinance of God, as freedome, hath then its right|full u&s;e and exerci&s;e, <HI>viz.</HI> to &s;et at liberty that ju&s;tice and truth which corrupt men hold captive, under a pretence of <HI>Priviledge,</HI> and that the equity of mans intentions and actings in &s;uch extremities, will ju&s;tifie before God and man, rather then the letter applyed to uphold a mi&s;chief, &amp; this ca&s;e mu&s;t needs be frequent in <HI>Imperfect humans Con&s;titutions,</HI> unle&s;&s;e rules &s;ea&s;onably make remedy upon complaint; and this was apparently the ca&s;e between the King and Parliament in &s;un|dry particulars; and let the judicious &s;ay (having read the Ar|mies Remon&s;trance) if this became not now againe truely as much the ca&s;e of the Kingdome as then: And yet be|&s;ides all this, the Army will plead that when they did inter|po&s;e an act, after multiplied addre&s;&s;es made to the Parliament and them&s;elves, they did it for the removall, rather then the laying on of a force upon the Parliament, the Hou&s;es enjoying an unque&s;tionable freedome when the King rejected the foure Bils pre&s;ented to him in order to a Per&s;onal Treaty, and con&s;e|quently when they pa&s;&s;ed the Votes of <HI>Non-Addre&s;&s;es</HI> which fol|lowed therupon, which Votes &s;tood good many Months; but a party in <HI>Scotland</HI> liked not this cour&s;e, their great de&s;ign being to keep and maintain them&s;elves an intere&s;t in this Common|wealth; and under the abu&s;ed names of Treaty, Covenant, and Church-government, they clo&s;e with the Cavaliers; in falls a round party that had appeared for the Parliament by Land,
<PB N="13" REF="7"><HI>Batten</HI> and <HI>Jorden</HI> by Sea, the Lord <HI>Willoughby</HI> of <HI>Parhath</HI> for|merly made Speaker of the hou&s;e of Lords <HI>pro tempore,</HI> and the multitude of the City, &amp; revolted Shipping united all together, quickly found a meanes to kindle &s;uch 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 &s;torm the Parliament, &s;peaking concurrently with all the re&s;t the &s;ame language for a Ce&s;&s;ation and per&s;onall Treaty.</P>
<P>Where was the freedome of the Parliament in the mid&s;t of all the&s;e tumults? and now many faithfull Members being a|broad to quench this horrid flame, and others over whelmed with this new faction, the re&s;t got an opportunity to revoke the Votes of <HI>Non-Addre&s;&s;es</HI> &s;o &s;olemnly and deliberately pa&s;&s;ed, and to carry the Hou&s;e for a Per&s;onall Treaty upon the wor&s;t and mo&s;t di&s;honourable termes that had ever ever yes fear the Sunne on the part of the Parliament. All the Parliaments friends abroad, <HI>Presbyterians</HI> and others, &s;tand amazed at the matter; the Kings party in City and Country triumph and browbeat their Conquerors; Pamphlets printed to vent much &s;corne and menacies upon the Parliaments friends; at length we all petition again&s;t this defu&s;ive Treaty, the petition's re|jected; then all hone&s;t parties of the Kingdome clo&s;e, and as the la&s;t vi&s;ible remedy, &s;ollicite the Army to interpo&s;e, by this time returning from one of the wonders of this generation (be&s;ides other pettier matters) the di&s;&s;ipation of the three po|tent Armies, in the North, We&s;t and South. The Army in be|halfe of the Kingdome at length humbly remon&s;trates to the Parliament again&s;t the Treaty, or at lea&s;t that they would be more cautious what they did in it; for want of audience the Army is faine to declare again&s;t it; but they were now &s;unk in|to &s;o deep a <HI>Lethe,</HI> they were &s;en&s;ible of nothing, although God him&s;elf in mo&s;t mens judgements, declared again&s;t the Treaty: in that after &s;o many additions of time to lengthen it out, and after the utmo&s;t indu&s;try u&s;ed to &s;huffle up in end, the time ex|pires, and all parties are forced to break off without any thing done, and to &s;umme up the fruit of all this expen&s;ive tedious Treaty in a Vote, that the <HI>Kings Conce&s;&s;ions were not &s;atisfactory;</HI> truth is he had granted nothing at all to the &s;atifaction of the
<PB N="14" REF="8">Kingdome; and yet the &s;trong factions in and about the Parli|ament within foure dayes, and nothing more done or obtain|ed, carry the Hou&s;e againe into a Vote, that the <HI>Conce&s;&s;ions were a ground to proceed upon to &s;ettle the peace of the Kingdom,</HI> all which to&s;&s;ng, turning, and over-turning in &s;o bad a bu&s;i|ne&s;&s;e, was no other in my eye then the effect of a force upon the freedome of the Hou&s;es fir&s;t mentioned. And then, and not till then, to prevent a wor&s;e mi&s;chiefe, the Army appeares <HI>Vim vi repellere,</HI> to &s;ettle the Parliament in the freedome which it had before the <HI>Scotti&s;h</HI> Confederacie, and the repeale of the Votes of the <HI>Non-Addre&s;&s;es;</HI> and for their &s;eizing the per&s;ons of the Members, I confe&s;&s;e it is my opinion that they that had a hand in, or gave countenance to &s;o dangerous a Trea&s;on, are not fit to be tru&s;ted with the Liberties of <HI>England.</HI> De&s;perate is the &s;afety of that Common wealth, where the per&s;ons tru&s;ted with the &s;upreme Authority challenge a priviledge of impunity when they tran&s;gre&s;&s;e.</P>
<P><HI>Object.</HI> 8. They that are apt to object that this doctrine ex|po&s;eth per&s;ons in Authority to the daily violencies of the in|&s;table multitude:</P>
<P><HI>Re&s;p.</HI> Did they Chri&s;tianly con&s;ider from whence the &s;afe|ty of Rulers ari&s;eth, they would blu&s;h to make that objection; God is the alone giver of &s;afety, and well-governing is the good Rulers be&s;t pre&s;ervation; If the Heathen Poet could &s;ay, <HI>Integer vita &s;celeri&s;que purus non eget Mauri jaoulis vec arcu;</HI> I would not have Profe&s;&s;ors of Chri&s;tian Religion more faithle&s;&s;e then the Gentiles; <HI>the uprightne&s;&s;e of the upright &s;hall deliver him;</HI> and let men make their Tower never &s;o &s;trong, <HI>un|righteou&s;ne&s;&s;e</HI> will make them de&s;olate. To conclude, although the King be dead, although he be fallen by the hand of Ju&s;tice, notwith&s;tanding his pretence of per&s;onall priviledge from Scripture, or from his Supreme Authority, notwith&s;tanding the clau&s;e in the <HI>Covenant,</HI> and the non-concurrence of the Hou&s;e of Lords, or pretended force of the Army upon &s;ome Members, or any other objection, our Authority as Ju&s;ti|ces of the Peace, appears to me unque&s;tionable and &s;ure. And what I have &s;poken upon this &s;ubject, I de&s;ire may not be un|der&s;tood to aggravate, or keep up differences among&s;t men; I
<PB N="15" REF="8">have laid a&s;ide many pertinent things becau&s;e I would not of|fend; &amp; I profe&s;&s;e &s;eriou&s;ly in a con&s;cientious de&s;ire of the peace and good agreement of all men, that de&s;ire peace, I have been thus large to cleare the foundation of the freedome and au|thority of the Commons of <HI>England,</HI> that we might all build our peace together upon this &s;ure Corner-&s;tone under God. You &s;ee I have not favoured any particular intere&s;t above o|ther in al my Di&s;cour&s;e, I have &s;poken under no other name but as an Engli&s;h man, and a promoter of common ju&s;tice without re&s;pect of per&s;ons; tis your Priviledge to enjoy it, as old as <HI>England;</HI> your un&s;etled minds hinder the enjoyment of it, and lengthens out your troubles and burthens, to the griefe of tho&s;e that labour for you, in this, and other Seates of authority; this is the wor&s;t I intend, publike peace upon a foundation of equall Ju&s;tice; and I &s;pecially commend it for the pre&s;ent &s;ervice to the Grand Inque&s;t; becau&s;e in order thereunto by you the fir&s;t part is to be acted: I &s;hall not fall into a particular enumerati|on of offences, and Statutes made again&s;t them, as the manner is; it is common to you at every A&s;&s;izes and Se&s;&s;ion of the Peace; and I am confident you need not a repetition (at pre&s;ent) ther|of. Thus much only be plea&s;ed in the generall to hear in that kind; Let not blood, oppre&s;&s;ion and fraud e&s;cape your &s;eve|re&s;t inquiry; re&s;pect no mans per&s;on that comes in judgement before you, pre&s;ent all wilfull and prophane Bla&s;phemers of the Name and Maje&s;ty of God; let vagrant Rogues, Idelers, and the common Nur&s;eries of all ba&s;ene&s;&s;e and mi&s;cheif <HI>[Alehou&s;es]</HI> feele the ju&s;tice of the Law. And while you are together, be|think your &s;elves of &s;omething of your own, for the better &s;e|curing of the County again&s;t inva&s;ion and in&s;urrection: of &s;om|thing for the advance of your own Manufactures and Commo|dities; for the bettering of the condition of the poor (that, that &s;hame of men Beggars and begging may cea&s;e among&s;t us) and whatever el&s;e may give an advancement to righteou&s;ne&s;&s;e and peace, and we on the Bench &s;hall joyne with you, and the God of Righteou&s;ne&s;&s;e and peace direct us all. <HI>Amen.</HI></P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
<DIV1 TYPE="letter">
<PB N="16" REF="9">
<HEAD><HI>To the Religious and Honorable Sir</HI> Hardre&s;t Waller <HI>Knight, Commander in Chief of all the We&s;tern Forces and Gari&s;ons.</HI></HEAD>
<OPENER><SALUTE>Honorable and Honoured Sir,</SALUTE></OPENER>
<P>BE&s;ides the task which your tru&s;t hath put upon me among&s;t the Forces in field, a Gari&s;on within this County, and be&s;ider the bu&s;ine&s;&s;e of my own particular command, I have al&s;o all along <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> a &s;hare in the Civill admini&s;trations; the la&s;t &s;ingly con&s;idered (I confe&s;&s;e) had been enough to be laid upon &s;uch a one as I am, who pleads my excu&s;e with you, if there appeare not that exactne&s;&s;e <GAP DESC="illegible" RESP="UOM" EXTENT="1 span"> bu&s;ine&s;&s;e which is de&s;irable; I am full of zeal to have all things a|mong&s;t <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> under a <HI>Contentfull</HI> as well as a &s;ecure management; and therefore I was inclinable (being moved unto <GAP DESC="illegible" RESP="UOM" EXTENT="1 word">) to give the Charge <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> the la&s;t Se&s;&s;ions of the peace, where, as <HI>I</HI> had an opportunity, &s;o <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> it my duty to &s;atisfie the Country concerning the late and pre&s;ent pro|ceedings of the Parliament, which have been mi&s;erably abu&s;ed by <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> &s;pecious objections rai&s;ed to trouble and interrupt the &s;ettlement of the Common-wealth, the <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> materiall of them, have been long &s;ince an|&s;wered, and therefore what I did in that Province, is little other than a <HI>Repetition</HI> of old Parliament language, and that phra&s;e of <GAP DESC="illegible" RESP="UOM" EXTENT="1 word">. <HI>I</HI> have indu&s;triou&s;ly kept my &s;elf unto in all my <HI>Replies</HI> to the&s;e <HI>Ob|jections:</HI> And herewith <HI>I</HI> pre&s;ent the whole to your view; the <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> <HI>I</HI> confe&s;&s;e hath &s;ome &s;mall difference from what was &s;poken, the Li|berty. <HI>I</HI> u&s;ed in expre&s;&s;ion, carrying me into were variety then would be&s;eeme the paper; and in one or two pa&s;&s;ages, the <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> gathering up what e&s;caped the pre&s;ent expre&s;&s;ion. <HI>I</HI> a&s;&s;ure you, el&s;e, it is one and the &s;omething in word and writing. I &s;ee not any <GAP DESC="illegible" RESP="UOM" EXTENT="1 span">upon it as worthy the &s;ending to you. That you may be per&s;wa|ded the &s;ooner to accept of my good will, and over-look my faults in your own bu&s;ine&s;&s;e le&s;t in my tru&s;t, when this Paper &s;hall minde you of ther imployments which mu&s;t be &s;ometimes attended, is the <GAP DESC="illegible" RESP="UOM" EXTENT="1 word"> de|&s;ign driven as by, Sir,</P>
<CLOSER><SIGNED>Your affectionate Servant, ROB. BENNET.</SIGNED> <DATELINE><HI>Cornwall</HI> <DATE>April <HI>23, 1649.</HI></DATE></DATELINE></CLOSER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
