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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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prejudice whether it was expedient at that time or conducible to the speedy settlement of Ireland for them to make that demand● To divide a little Army sixty miles one part from another as farre as betwixt London Derry and Carigfergus or the Newry where impassable Rivers and Mountaines and an uncertain passage by Sea would not permit one part to assist another was a ready way either to a long Warre or certain overthrow and not to bring it to a quick conclusion Neither did these places stand in need of any addition of Forces to secure themselves whose Service and Victories against the Rebells may compare with any Forces in the North of Ireland all their desire was that this Army would but shew themselves the Masters in the Field to carry the Warre home to the Rebells own doores Or if they had desired more Garrisons Dungannon or Charlemount in the heart of Tyrone had been much more convenient to distresse the Enemy then to have all their Forces lye scattered up and down the Sea coast But these things were accorded quickly and weeke after weeke and Moneth after Moneth passed before any Forces moved out of Scotland for the Reliefe of Ireland Or perhaps His Majesty was not willing in a preamble of a Bill to Presse Souldiers for Ireland to divest Himselfe altogether of the power of the Militia here in England We cannot be contented of late to gather the fruit unlesse we may break the bough that did beare it or to quench our present thirst unlesse we may alter the property of the Fountain Howsoever to exstinguish all questions His Majesty did freely offer to raise with speed 10000 English Volunteers for that Service or to passe a Bill without any mention of the right which might do the Work without prejudice to any Person What is it then which may in probability be thought the ground of this Rebellion It requires not so long a search as the head of Nilus for though I deny not but that the Hen might be sitting and some Irish have been long plotting such a thing in forreine Parts yet they sate so farre from their Nests that they could never have hatched it without some extraordinary helps Some say that by weak management Soveraigne Authority was grown contemptible or that desperate Estates or crying Debts did ingage the Ringleaders both in Ireland and elswhere into such courses or that Personall quarrells and Revenge might challenge a share Some say that there was a generall desire to shake off the English Government but omitting these and the like there are two grounds visible enough The one is the Example of the late Covenant of their Neighbour Nation As the Loadstone drawes Iron to it so Examples especially if they be successefull have an attractive virtue and influence I doubt not but the one went upon much safer grounds then the other in point of Policy neither doe I desire to argue the Lawfulnesse in point of Justice being a meer Stranger to their Nationall Laws This is certain there was a vast difference in the manner of prosecution the one being more bloody then the other which whether it be to be ascribed to their severall Principles or to some particular and accidentall reasons I leave every man to his own Judgement This is all I say That if the one had not piped in probability the other had not dan●… A second reason was a generall apprehension 〈◊〉 Jealousie and Feares at that time That the Liberty both Civill and Religious of the Subject and o●… Conscience and the exercise of their Religion should be qui●…e taken away from them occasioned by some indiscreet threatnings and some high-flying Petitions and nourished and augmented by turbulent and seditious Persons who perswaded the Common People that there was no security to be expected either for Life or for Religion Soule or Body without such a generall insurrection Thus Men plunge themselves into reall dangers out of fancyed and imaginary Jealousies and Feares The next thing in the Observer concerning Ireland is the disparity between the proceedings of the true Rebells in Ireland and the misnamed Rebells here in England Their actions are all Blood Rapine Torture All Ages Sexes Conditions have tasted of their infernall Cruelty Their intentions were to extirpate Religion c. to massacre the English Nation their chief Leaders are Iesuits and meere Bandetto●…s c. Farre be it from me to justify or so much as qualify those barbarous Acts which have been committed in Ireland Cruelty is an Argument of a Coward not of an Heroicall Nature But it ill becomes the Observer to inveigh against the Iesuits untill he have first taken the beame our of his own eye He that shall compare Dolman or Parsons the Iesuit with this Observer either for dangerous positions or virulent detractions may say aut Philo Platonizat 〈◊〉 Plato Philonizat Good Wits jumpe The Observer doth but suppe up what Parsons and some others had disgorged before that he might vomit it up again When once the Bankes are broken it is hard for him that was the cause of the inundation to prescribe limits to it Had the Observer and his Partners been as much the Major part of England as the Papists were of Ireland wee should have seen what men they were In the mean time the Observer hath given a Caution that whilest Christians remaine in a Primitive condition that is are the weaker part and want strength it is discretion not duty to conceale themselves The Irish Rebellion is against the Authority of the King not against his Person this both against his Person and Authority the Irish seek a Liberty of Conscience to themselves these not onely a Liberty but to impose a necessity upon all others the Irish desire a capacity of Preferment yet at his Majesties discretion to cull out whom he pleaseth these Men will be their own Carvers and not leave the King such a latitude The Irish fight against Men of another Religion of another Nation We like wild Beasts fight Protestant against Protestant Englishman against Englishman Brother against Brother Parent against Child they fight for to recover what they had lost we fight to lose what we have they know what they fight for the greatest part of us fight for we know not what like the two Paduan Brethren the one supposing he had as many Oxen as there were Starres and the other supposing that he had a Pasture as large as the Heavens the mortall quarrell between them was whether the ones conceited Oxen might feed in the others supposed ground But believe it they that cannot make rationall Men understand why they put them by the eares together have secret reasons to themselves that they dare not manifest to others The last passage concerning Ireland is an Answer to His Majestyes Objection That if the Major part of both Houses in Ireland should vote a danger to their Religion or that Kingdome and thereupon by Ordinance settle the Militia in the
Oath which beares markes enough in it selfe of the time when it was made are not to be pressed further then Custome and practice the best Interpreters of the Law doe warrant otherwise the Words quas vulgus elegerit cannot without much forcing be applied to the Parliament But admit the word vulgus might be drawn with some violence to signifie the House of Co●…ons by virtue of their representation yet ho●… have the House of Lords lost their interest if the King be bo●…nd to confirme whatsoever the House of Commons shall present Thirdly it cannot be denyed that if the King 〈◊〉 bound by a lawfull O●…th to passe all B●…lls it is not the form of denying it but the not doing it which makes the p●…rjury Therefore the form of the King●… answer Le Roy Savisera can●… excuse the perjury in not doing Ne●…her doth it prove that the King had no power to deny but that ●…e is tender of a flat d●…nyall and attributes so much to the judgement of His great Councell that he will take further advice This would be strange Doctrin indeed incredible that all the Kings of England who have given this answer have been forsworn and neither Parliament nor Convocation to take notice of it in so many Ages nor in the n●…t succeeding Parliament after so long advise to c●…l for a further answer Fourthly it is confessed that in Acts of Gra●… the King is not bound to assent it is well ●…f he have not been restreined of this Right That in all Acts where His Majesty is to dep●…rt from the particular Right and Interest of His Crown he is not obliged to assent and was not that of the Militia such a case Lastly that though he be bound by oath to consent yet if he doe not consent they are not binding Laws to the Subject Thus farre-well But then comes a handfull of Gourds that poisons the pottage except in cases of necessi●… Give to any person o●… Socie●…y a Legislative power without the King in case of necessity permit them withall to be sole Judges of necessity when it is how long it lasts and it is more then prob●…ble the necessity will not determine till they have their own desires which is the same in effect as if they had a Legislative Power Necessity excuseth whatsoever it doth but first the necessity must be evident there needs no such great stirre who shall be Judge of necessity when it comes indeed it will shew it selfe when extreme necessity is disputable it is a signe it is not reall Secondly the Agent must be proper otherwise it cuts in ●…under the very sinews of Government to make two Supremes in a Society and to subject the People to contrary commands If the Trumpet give an uncertain sound who shall prepare him selfe to Battell There can be no necessity so pernicious as this very Remedy Fifthly the great variety of Forms and presidents seems to prove that one precise form is not simply necessary and the words adjiciantur quae justa ●…erint and King Henry the eights enterlining it with his own hand do prove that it is arbitrary at least in part To interline it to interline it with his own hand to leave it so interlined upon Record O stange If this clause had been of such consequence we should have heard of some question about it eit●…er then or in some succeeding Parliament but we find a deep silence Thomas 〈◊〉 Arch-Bishop of Canterbury in Parliament chargeth Henry the fourth with his Oath which he did voluntarily make But to the forms First the Oath which King Iames and King Charles did take runns thus Sir will you to grant to hold and keep the Lawes and rightfull Customes which the Commonalty of this Kingdom have Here is neither have chosen nor shall choose The Oath of Edward the sixth was this Doe you grant to make no new Laws but such a●… shall be to the Honour and glory of God and to the good of the Common-●…lth and t●…at the same shall be made by the consent of your People as hath been accustomed Here is ●…o ●…gerit still yet ●…is Age freed him from the very thught of improving His Prerogative King Henry the eight corrected the form then presented to Hi●… thus And affirme them which the Nobles and Pe●…ple have chosen with my consent Here is have chosen a●…d the Kings Consent added to boote Doctor Cow●… in his Interpreter recites the Kings Oath out of t●… old abridgement of Statu●…es set out in Henry t●… eights Dayes much different from this as that the King should keep all the Lands Honours c. of the ●…rown whole without diminution and reassume those wh●…h had been made away And this clause in questin runnes thus He shall grant to hold the Laws and Customs of the Realme and to his Power keep them a●…d affirme them which the Folke and People have made ●…nd chosen and this seems to have been the Oath of His Predecessors But perhaps if we looke up highe●… we shall find a perfect agreement in thi●… point Our next step must be to Henry the fourth and Richard the second a Tragicall Time when the State run contrary waves like a whirligigge fi●…ter for the honour of the Nation to be buried in oblivion then drawn into president But this Oath being no Innovation it may serve well enough Yet the Oaths of these two Kings do not agree so exactly as to settle a certain forme as to instance onely in the clause in question Henry the ●…ourths Oath runs thus concedis justas Leges constudines esse tenendas promittis pro te eas esse pro●…gendas ad honorem Dei corrobora●…d quas vulgus ●…gerit which last word signifies indifferently either ●…ave chosen or shall choose Neither doth the Re●…ord say that this was the very 〈◊〉 taken by Henry ●…e fourth but that it was the usuall for●… taken by ●…e Kings of England and twice by Richard the ●…econd and for proof of what it saith referres us ●…o the Registers of the Arch-Bishops or Bishops pro●…t in libris ponti●…calium Archiepis●… et Episc. plenius ●…ontinetur This prout is a clear evidence that this pre●…se Form had no ground in Statute or in Common ●…aw but was a Pontificall rite The Oath of Ri●…hard the second related in the close Rolls of the first Year of his Raigne even in this very clause differs ●…n two materiall things one is that to justas Leges Consuetudines there is added Ecclesiae the other is that to elegerit is added juste rationabiliter which the People have chosen or shall choose justly and reasonably which limitation if the Oath look forward to future Laws must of necessity be either expressed or understood otherwise the Oath is unlawfull and doth not bind jusjurandum non debet esse vinculum iniquitatis Here also the word elegerit is doubtfull whether past or future If it be urged that to corroborate must de understood