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A29209 The serpent salve, or, A remedie for the biting of an aspe wherein the observators grounds are discussed and plainly discovered to be unsound, seditious, not warranted by the laws of God, of nature, or of nations, and most repugnant to the known laws and customs of this realm : for the reducing of such of His Majesties well-meaning subjects into the right way who have been mis-led by that ignis fatuus. Bramhall, John, 1594-1663. 1643 (1643) Wing B4236; ESTC R12620 148,697 268

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obedient Subjects the Lords spirituall and temporall and Commons in Parliament assembled or thus We Your Majesties loving faithfull and obedient Subjects representing the three Estates of Your Realme of England c. except we should overmuch forget our Duties to Your Highnesse c. do most humbly beseech c. Here the three Estates of the Kingdom assembled in Parliament doe acknowledge their subjection and their duty do beseech Her Majesty Where by the way I desire to know of the Observer whether that of the three Estates were a Fundamentall Constitution of this Kingdom and who were the three Estates at this time and whether a third Estate have not been since excluded Howsoever we see they doe but rogore legem pray a Law the King enacts it and as he wills or takes time to advise so their Acts are binding or not binding They challenge no dispensative Power above the Law he doth In a word He is the Head not onely of the Hand or of the Foot but of the whole Body These things are so evident that all our Laws must be burned before this truth can be doubted of But to stop the Observers mouth for ever take an Authentick Testimony in the very case point blanck By divers old Authentick Histories and Chronicles it is manifestly declared that this Realme of England is an Empire and so hath been accepted in the World governed by one Supreme Head and King having the Dignity and royall Estate of the Imperiall Crown of the same unto whom a Body Politick compact of all sorts and degrees of people divided into terms and by names of Spiritualty and Temporalty being bounden and owen next to God a naturall and humble obedience he being instituted and furnished by the goodnesse and sufferance of Almighty God with plenary whole and entire Power Preeminence Authority c. Now Sir observe first that not onely individuall Persons but the whole compacted Body Politicke of the Kingdome are not onely lesse then His Majesty but doe owe unto him a naturall and humble obedience how farr is this from that Majesty which you ascribe to the representative Body Secondly that the Spiritualty were ever an essentiall part of this Body Politick Thirdly that His Majesties Power is plenary Fourthly that he derives it not from inferiour compacts but from the goodnesse of God It is true were His Majesty as the Prince of Orange is or you would have him to be not a true Possessor of Soveraigne Power but a Keeper onely as the Roman Dictator or an arbitrary Proctor for the People your rule had some more shew of reason but against such evident light of truth to ground a contrary assertion derogatory to His Majesty upon the private authority of Bracton and Fle●… no Authentick Authors were a strange degree of weaknesse or wilfulnesse especially if we consider first upon what a trifling silly Homonomie it is grounded quia comites dicuntur quasi socii Reqis et qui habent socium habent Magistrum If he had called them the Kings Attendents or subordinate Governours of some certain Province or County as the Sheriffe Vice Comes was their Deputy there had been something reall in it Secondly if we consider that this assertion is as contrary to the Observers own grounds as it is to truth for what they Bracton and Fleta doe appropriate to the House of Lords curiae Comitum Baronum he attributes to the collective Body of the whole Kingdom or at the least to both Houses of Parliament that is farr from the Observers meaning and nothing to the purpose This Catachresticall and extravigant expression with the amphibologicall ground of it is either confuted or expounded by the Authors themselves as saying the King hath no Peere therefore no Companion that he is Vicarius Dei Gods Vicegerent that he is not sub homina under Man And if the words have any graine of truth in them they must be undestood not of an Authorative but onely of a Consultive Power to advise him or at the most approbative to give their assent to Laws propounded he having limited himselfe to make no Laws without them So we may say a Mans promise is his Master as if a man should say that the Judges in the House of Peers who have no Votes but are meere assistents yet in determining controversies in point of Law are in some sort superiour to the Lords not in Power which they have none but in skill and respect of that dependence which the Lords may have upon their Judgement and integrity Neither will your logicall Axiom quicquid efficit ●…ale est magis tale helpe you any thing at all for first your quicquid efficit must be quando efficit If a cause have sufficient vigour and efficacy at such time as ●…he effect is produced it is not necessary that it should ●…eteine it for ever after or that the People should re●…ein that power which they have divested themselves of by election of another To take your case at the ●…est they have put the staffe out of their own hands and cannot without Rebellion and sinne against God ●…doe what they have done Secondly for your magic tale there is a caution in this Canon that the same quality must be both in the cause and in the effect which yet is not alwayes not in this very case it must be in causes totall essentiall and univocall such as this is not The Sun is the cause of heat yet it is not hot it selfe Sol homo generant hominem viventem yet the Sun lives not If two Litigants consent to license a third Person to name another for Arbitrator between them he may elect a Judge not be a Judge Yet I shall not deny you any truth when and where the antecedent consent of free societies not preingaged doth instrumentally conferr and convey or rather applie power and authority into the hands of one or more they may limit it to what terme they please by what covenants they please to what conditions they please at such time as they make their election yet Covenants and Conditions differ much which you seem to confound breach of Covenant will not forfeit a Lease much lesse an Empire I have seen many Covenants between Kings and their People sometimes of Debt and many times of Grace but I doe not remember that ever I read any Conditions but with some old elective Kings of Arragon if they were Kings long since antiquated and one onely King of Polonia You adde and truely that there ought to be no dissolution of Soveraignty but by the same power by which it had its Constitution wherein God had his share at least but this will not serve your turn if you dare speak out plainly tell us when a King is constituted by right of Conquest and long Succession yea or by the election of a free people without any condition of forfeiture or power of revocation reserved as the Capuans gave themselves to the
present and posteriour consent is not ●…cessary to His Majesty for the excercise of any ●…anch of that Imperiall power which by Law or ●…wfull custome is annexed to his Crown And ●…erefore Edward the first his Summons ad tractandum ●…dinandum faciendum which is the same in effect ●…ith all summons since will doe your cause no good 〈◊〉 the world unlesse you may have leave to doe as ●…e Devill did with Christ leave out in viis tuis 〈◊〉 you may put out in quibus dam and thrust in place ●…ereof in omnibus as you doe in the next page In ●…ll things perteining to the People Leave these fri●…olous these false suggestions your own-Conscience ●…nnot but tell you that reddendo singula singulis in ●…omethings the Houses of Parliament have power ●…o consent in somethings to order in somethings to ●…ct but in all things they have neither power to act ●…or order nor consent and that will appear by your ●…ext Section Observer It is true we find in the Raigne of Edward the third that the Commons did desire that they might forbear counselling in things de queux ils nount p●…s cognizance the matters in debate were concerning some intestine commotions the guarding of the Marches of Scotland and the Seas and therein they renounce not their right of consent they onely excuse themselves in point of counsell referring it rather to the King and his Councell How this shall derogate from Parliaments either in poi●… of consent or counsell I doe not know for at last th●… they did give both and the King would not be satisfie●… without them And the passage evinces no more but this that the King was very wise warlike had a very wis●… Councell of Warre so that in those particulars the Commons thought them most fit to be consulted as perhaps the more knowing men Answer This is the first time that the Observer is pleased to honour his adverse Party with the mention of one Objection and that with so ill successe that he cannot unty the knot again with all his teeth I will put it into form for him thus That which the Parliament in the raigne of Edward the third had not that no succeeding Parliament hath but that Parliament had no universall cognizance Therefore the same Rule holds in this and all other Parliaments The Proposition is infallibly true grounded upon an undeniable Maxime that quod competit tali qua tali competit omni tali that which is true of one Parliament not by accident but essentially as it is a Parliament must of necessity be true of every Parliament The Assumtion is as evident confessed by the Parliament itselfe who best knew the extent of their own power that there was somethings of which ils nount pas cognizance they had no cognizance And if we will believe the Observer these things which did not belong to their cognizanc●… were the appeasing some intestine or Civill Commotions and the guarding of the Seas and Marches why these are the very case now in question concerning the Militia And doth a Parliament here confesse that they have no cognizance of these yes what saith the Observer to this he saith they doe not renounce their right but onely excuse themselves in point of Counsell Most absurdly as if there were either consent or counsell without cognizance But he saith they did give both consent and counsell and the King could not be satisfied without them It may be so but there is a vast difference between giving counsell when the King licenseth yea and requireth it and intruding into Counsell without calling between an approbative consent such as the Saints give to God Almighty the onely Authoritative Judge of Heaven and Earth and an active consent without which the Kings hands should be so tied that he could do just nothing The former all good Kings doe desire so farre as the exigence of the service will give way to have their Counsells communicated But the latter makes a great King a Cipher and transformes an Emperour into a Christmasse Lord. You tell us that King had a very wise Councell of Warre and perhaps more knowing in these things then the Commons It were strange if they should not be so if the Commons who are Srangers to the affaires ingagements of State should understand them better then those who have served sundry Apprentiships in that way qui pauca considerat facile pronunciat he that knows not or regards not the circumstances gives sentence easily but for the most part is mistaken Ignorance of the true state of things begets Iealousies and Fe●…es where there are no Dangers and confidence wh●…e the Perill is nearest It makes a field of thistles 〈◊〉 Army of pikes and an Army of pikes a field of thi●…les Let old States-Men sitte at the Helme still a●… steere the Ship of the Common-wealth The Co●…ons are the best Councell in the World for redre●…ng of grievances for making of new Lawes for ●…inteining the publike interest of the Kingdome ab●…d and private interest of the Subject at home ●…et this be their Worke and their Honour Observer Now upon a d●… comparing of these passages with some of the Kings la●…e papers let the World judge whether Parliaments have ●…ot been of late much lesned and injured The King in one of his late Answers alledge●… that his Writs may teach the Lords and Commons the extent of their Commission and Trust which is to be Counsellours not Commanders and that not in all things but in quibusdam arduis and the case of Wentworth is cited who was by Q●…een Elizabeth committed sitting the Parliament for proposing that they might advise the Queen in some things which she thought beyond their cognizance although Wentworth w●…s then of the House of Commons And in other places the King denyes the Assembly of the Lords Commons to be rightly named a Parliament or to have any power of any Court and consequently to be any thing but a meer convention of private Men. Many things are here ass●…rted utterly destructive to the Honour Right and being of Parliaments For first because the Law hath trusted the King with a Prerogative to discontinus Parliaments c. Answer Having laid these former ground●… the Observer proceeds to some exceptions against some passages in his Majestyes Papers that 's his phrase as if they were old Almanacks out of date fit for nothing but to cover Mustard pots metuentia carmina scombros aut thus His first exception is that His Majesty is trusted by the Law which the Observer calls now a formallity of Law with a Prerogative to discontinue Parliaments leaving no remedy to the People in such a case which he saith is destructive to the Honour Right ●…nd being of Parliaments and may yet be mischi●…vous in the future dissolution of them and make our Trienniall Parliaments of litle service if it be not exploded now What is this to the Observers grounds or His Majestyes Declaration