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Title:  King Charls, his case, or, An appeal to all rational men concerning his tryal at the High Court of Justice : being for the most part that which was intended to have been delivered at the bar, if the king had pleaded to the charge, and put himself upon a fair tryal : with an additional opinion concerning the death of King James, the loss of Rochel, and the blood of Ireland / by John Cook ...
Author: Cook, John, d. 1660.
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Resp. Because our Ancestors did never imagine, that any King of England would have been so desperately mad, as to leavy a War against the Parliament and people: as in the Common in∣stance of Paricide, the Romans made no Law against him that should kill his Father, thinking no childe would be so unnatural to be the death of him who was the Author of his life; but when a childe came to be accused for a Murther, there was a more cruel punishment inflicted, then for other Homicides: for he was thrown into the Sea in a great Leather Barrel, with a Dog, a Jackanapes, a Cock, and a Viper, significant companions for him, to be deprived of all the Elements, as in my Poor mans Case, Fol. 10. Nor was there any Law made against Parents that should kill their children; yet if any man was so unnatural, he had an exemplary punishment.Obj. But is it not a Maxime in Law, That the King can do no wrong?Resp. For any man to say so, is blasphemy against the great God of Truth and Love: for onely God cannot erre, because what he wills is right, because he wills it; and 'tis a sad thing to consider how learned men, for unworthy ends, should use such art to subdue the people, by transportation of their sences, as to make them believe that the Law is, That the King can do no wrong.First, For Law, I do aver it with confidence, but in all humility, That there is no such Case to be found in Law, That if the King Rob, or Murther, or commit such horrid Extravagancies, that it is no wrong: Indeed the case is put in H. 7. by a chief Judge, that If the King kill a man, 'tis no felony to make him suffer death; that is to be meant in ordinary Courts of Justice: But there is no doubt but the Parliament might try the King, or appoint others to judge him for it. We finde Cases in Law, that the King hath been sued even in Civil Actions.In 43 E 3. 22. it is resolved, That all maner of Actions did lie against the King, as against any Lord; and 24 E. 3. 23. Wilby a learned Judge said, that there was a Writ Praecipe Henrico Regi Angliae.Indeed E. 1. did make an Act of State, That men should sue to him by Petition; but this was not agreed unto in Parliament, Thelwall title Roye digest of Writs, 71. But after, when Judges 0