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A84002 Englands sole remedy: or, A vvholsome directory, for the recory [sic] of our languishing kingdome: drawn from the law of God, and the land. Containing some necessary and pertinent queries, with their resolutions, by Scriptures, law, and reason: very fit and convenient to be thought upon by all Englishmen, for the begetting of a sure, safe, and well-grounded peace. Collected and intended for the good of all. By a lover of peace and truth. Lover of peace and truth. 1648 (1648) Wing E3053; Thomason E453_7; ESTC R201935 9,161 16

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the Land may determine herein I leave unto them studied in that Profession onely heare what the Civill Law saith in such a case concerning Councellours failing in their trust Si quid praeter spem accesserit non inveneris eum custodientem tibi fidem justam illum quidem expelles alio verò uter is consiliario legem justitiam cùm puris servante manibus Par. Vol. Col. 3. de Mand. Princip Titul 4. If any thing shall fall out besides hope and thou shalt not find him keeping right faith with thee thou shalt expell him but thou shalt use another Councellour which keepeth the Law and Justice with pure hands and if this sentence was justice upon one private Counsellour how much more upon publike Parliament-men which have failed in all trust and fidelity But herein I will but onely hint what may be the judgement of the Holy Ghost whereunto all other Reason Law and Authority ought to vaile and submit and it shall be thus amongst many conditions requisite to make a man a fit inhabiter of heaven the Psalmist Ps 15.4 gives this for one that he that sweareth to his own hurt and changeth not he then that sweareth to his owne good and the good of the weale publike and changeth shall never abiding in that condition come in heaven but least they should take a starting hole at the Old Testament let them undergo the sentence of the New wich is this that Covenant-breakers are in number of them who knowing the judgment of God that they who commit such things are worthy of death not only to do the same but to have pleasure in them that do them Rom. 1.31 32. Thus you see it is an invincible truth that the Speaker of the lower House having the first day of this last PARLIAMENT promised in the name of the Commons that they should not abuse but have such regard as most faithfull Subjects ought to have to their Prince considering their cariage towards him for these severall yeares have thereby forfeited their honour trust right and interest in the Common-wealth Quaere 12. Whether or no the two Houses by dissolving the privy Counsell did not dissolve a greater and more honourable authority then themselves Resol The very termes of this Quearie lay down the state thereof for it is whether the two Houses not the Parliament by dissolving c. And thus it falls clearely into the Affirmative for the Kings power lies habitually and originally in himselfe but more actually and effectually in his Privy Counsell which makes a King in the exercise of his Regall Power and his Privy Counsell inseparable and the Law of this Land makes the Privy Counsell of greater honour and authority then the remaining part of a full and lawfull Parliament My reasons are these 1. It appeares so by their place and order confirmed by Act of Parliament St. 31. Hen. 8 10. 2. It is an order in well regulated Parliaments if any speak unreverently or seditiously against the Prince or the Privy Counsell to send them to the Tower Sir Thom. Smith Common-weal of Engl. Book 2. Chap. 3. 3. The Parliament Law of the Land makes it good St. 28. Ed. 2. the words are these Neverthelesse the King and his Counsell do not intend by reason of this Statute to diminish the Kings right c. Where you see the Statute there sets both the King and his Counsel above the Parliament as it is confirmed again St. 33. Ed. 1.20 The King and his Counsell and they that were present at the making of this Ordinance will and intend that the right and Prerogative of his Crown shall be saved to him in all things where the King and his Counsell are preferred before all that were present in Parliament The two Houses therefore by dissolving the Privy Counsell did dissolve a greater and more honourable Authority then themselves Quaere 13. Whether or no the usage of the two Houses in their mannaging of affaires for these late yeares being approved may not become president unto other inferior Courts to all in their severall limits and jurisdictions without Law Statute Ordinance or other lawfull Edict Resol What is to be said of this the late and present Practise of the Army the severall Committees Sequestrators and Excize men do give a sad and deare experience in all of them by their acting not only contrary unto Law and Conscience but even contrary to their own Ordinances whence it followes that the usage of the two Houses in their mannaging of Affaires for these late yeares being approved may become a president unto every other inferiour Court to act in their severall Iurisdictions without Law Statute Ordinance or other lawfull Edict FINIS POSTSCRIPT COurteous Reader since the Authors composing of this he hath made another piece called a Commission or Position wherein it is proved to be lawfull to labour and endeavour for the Restitution of his Majesty though without Commission for the same