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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
are here under written doe protest before Almighty God and all good Christians to be ready with all cheerfullnesse and willingnesse to our powers with our Lifes and Estates to defend the same against all opposition whatsoever Observe first what Gudgeons he makes them swallow How doe they know that the King is seduced Sir Iohn tells them so Or that His Majesty intended to make Warre against Hull unlesse because their Consciences told them they had given him just grounds to doe so It was Sir John Hotham not the Town of Hull which was accused by His Majesty Observe how he makes his act the act of the whole Town who have done nothing and yet they poore men were mued up in their Houses whilest it was a doing Lastly how they affirme that he hath done nothing but by order of Parliament yet it is certain many who were require to protest and were banished for not pro●…esting I believe not one of them all did ever yet see this Order how could they see that which never was for these men to know that he had an Order to know that he did not exceed his Order is miraculous Upon these feined grounds they build their solemne Protestation what to doe To defend Hull against all opposition whatsoever His Majesty is not excepted and the first words For as much as th●… King being seduced c. shews that His Majesty is principally intended To save and defend the Town to Our Soveraigne Lord the King and His Heires So saith the Oath To defend it against all opposition whatsoever yea of the King seduced so saith the Protestation Now if these two be not repugnant directly one to another if every man that hath taken this Protestation be not directly perjured Reddat mihi minam Diogenes Let him that taught me Logique give my mony again What is this but to intangle and ingage God in Rebellion and to put his broad Seale to Letters counterfeited by themselves They suffered much who were banished for not protesting but they more who stayed at home with such hazard of their Soules Some men may be so silly as to aske whether of these two ingagements the Oath or the Protestation ought to be kept The case is clear the former Obligation doth alwayes prejudge the latter the latter Will is best but the first Oath The Protestation is plaine perjury and to persevere in it is to double the sinne Dura promissio aecerbior solutio to make the Protestation was ill to keep it is worse David protested as much against Naball yet upon better consideration ensem in vagina●… revocavit he retracted it Secondly an Oath made by one that is not sui juris who hath not power over him selfe in that which he sweares is voide even when it is made As for a Child or a Wife to sweare against their Filiall or Conjugall Duty or for a Subject to swea●… against his Allegiance and such an one was that Protestation this is sufficient to make it voide To which much more might be added as that the former Oaths were grounded both upon a naturall and a civill Obligation were freely assumed but this Protestation was meerely forced the former were taken before a lawfull Magistrate the latter before an Intruder who had no power to administer such a Protestation But I have dwelt long enough on this point I wish our great Citties who have taken the like Oath may lay it to heart In the close of this point the Observer tells us that if Faux had fallen by a private mans sword in the very instant when he would have given fire to his train that act had not been punishable What then will he compare the Soveraigne Magistrate to a Powder Traytour or his undermining the Parliament House with the Kings repairing to his own Town or his blowing up His Majesty and the Peeres with the Kings requiring his own goods This is false and painted fire the traine was laide the other way Quicquid ostendat mihi sic incredulus odi The next considerable Observation is concerning Ireland A Tragicall Subject which may justly challenge our teares and prayers The Observer falls upon this in the 17. 29. and 36. pages of this Treatise and likewise in his Observator defended and other Discourses lately published either without a name or under another name The condition of Ireland is so much the more to be deplored by how much the lesse it could then be expected when Religion began to shew its beames over the face of that Kingdom yea without any pressure to the Conscience of any man except such as were introducers of innovations into the publike service of the Church when the Law had obteined a free current throughout the whole Island when the scale of equity gave the same weight to Gold and Lead and the equall administration of Justice to Rich and Poore did secure the inferiour Subjects from oppression when there was a dayly growth of all Arts and Trades and Civility when that which was formerly so great a burthen to this Crown in the ordinary accounts every year was now become able not onely to defray its own charge but also make a large supply to His Majestyes Revenue when all the orders of that Kingdom had so lately given an unanimous expression of their Zeal and Devotion to His Majestyes Service That on a suddain the Sky should be so totally overcast with a pitchy cloud of Rebellion That all our fairest hopes should be so unexpectedly nipped in the bud deserves a little inquisition into the true reason of it Some who have long since learned that a dead man cannot bite are bold to cast it on the Earle of Straffords score how justly let these two considerations witnesse First that the prime Actors in this Warre were as great opposers and Prosecutors of the Earle Members of the same Faction may feine quarrells among themselves in publike only to gain upon a credulous party and to inable themselves to doe more mischief but this never proceeds so far as blood Secondly looke who they are in Ireland whose Heroicall actions in such a scarcity of necessary supplyes have mainteined the English and the Protestant cause and you shall find very many of them the intimate Friends of the Earl of Strafford and principall Commanders in the Irish Army called the Popish Army which was said to be intended against England if you inquire further into the long Robe for Counsell you will find the same observation made good Then let the Earles ashes rest in peace for this Others bred out of the excrements of those Giants who made Warre against Heaven cast this upon his sacred Majesty To use the Observers words An absurd unreasonable incredible supposition That he who may boast more truely then Pericles could upon his deathbed that never one Athenian did wear black for his sake Now as if all his former goodnesse were but personated or Neroes Soule had transmigrated into his Body should delight