THE TRUTH OF THE TIMES VINDICATED WHEREBY The lawfulnesse of Parliamentary procedings in taking up of Arms is justified Doctor Fernes Reply answered and the Case in question more fully resolved By WILLIAM BRIDGE Preacher of Gods word at great Yarmoth PSAL. 127. 1. Except the Lord keep the Citie the Watchman waketh but in vain Quaeso lector ut memor tribunalis Domini de judicio tuo te intelligens judicandum nec mihi nec adversario meo foveas neve personas loquentium sed causam consideres Hierom. Printed according to Order LONDON Printed by T. P. and M. S. for Ben Allen and are to be sold at his Shop in Popes-head Alley 1643. Errata IN the Frontispice for soveas read faveas In the Epistle for being asked read having asked P. 2 3 4 5 6 7 8. for Truths of the time r. Truth of the times p 4 for there r. they p 5. for Althaâ—ius r. Althaâ—ius for Henomus c. r. Henonius Henning and Amisaus p 7. for yet r. yea p. 8. for {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} p 10. for duct a naturar dâ—cta naturae p. 13. for Rainervus r. Rainerius p. 13. for affect r. effect p. 14. for under r. into p 15. for oppose r. expose p. 15. for governed r. governing p. 26. for Junius Josephus Brutus read Junius Brutus Josephus p. 29. for ropos r. propos. p. 35 36. for dwell r. dwelt p. 37. for thats read its p 39. for Wisd. 22. r. Rev. 2. p. 39. for but passive r. not passive p 40. for if lawfull r. lawfull p. 41. for take of r. take heed of pag. 45. for to which r. which p. 45. for see will read so will p. 46. for Committe r. community p. 47. for that Prince r. the Prince p. 47. for being read bring for that that r. that it There are many faults escaped in the marginall Latine yet because the Latine is turned into English and the Authors cited I do not note those Errata TO THE RIGHT VVORSHIPFVLL The Knights and Gentlemen Deputie-Lieutenants of the County of NORFOLK Honoured Sirs GIve me leave to joyn you together in one Epistle whom God and your Countrey hath joyned together in one service It is not in my purpose to blazen your worth before the world your own actions speak you in the gate and wise men had rather do worthily then heare of it onely observing your unwearied labour of love for God and your Countrey I count it my duty to come forth and meet you with this pen-service in testimonie of my thankfull respects to you You read Numb. 25. when the wrath of God brake out against Israel that Phineas stood up and executed judgement and the wrath was not onely diverted but himself blessed yea the blessing was a blessing of peace though wrought out by the sword your like action in this time of wrath will carrie the like blessing on your selves and houses yet your work is rather to bring men to justice then to execute it Many blessed comforts wâ—it on your service First we read in Scripture but of one man so potent in heaven that he could command the Sun to stand still and he was a Souldier Joshua but of one man of whom it was said that he had an heart after Gods own heart and he was a great Souldier David but of one man of whom Christ gave that great testimonie I have not found so great faith no not in Israel And he was a Souldier too the Centurion thus haâ—h God honoured your calling Secondly your work is good for you are the Ministers of Reformation I read of a King of Meth sometimes in Ireland that being asked how certain noysome birds that came flying into that countrey and bred there might be destroyed Was answered thus Nidos eorum ubique destruendos The way to be rid of them was to destroy their nests Now for a long season many noysome birds have been flying over into this Kingdom and have bred here the work of these times is to destroy those nests of Jesuites and Jesuited persons and it is that work which now you are upon Though it cost some paines its worth your labour happie is that necessitie which leads to better things Thirdly your cause is just also agreeable to the Law of Nature for Conservatio sui ipsius est opus naturalissimum to the Law of God for David though not the representative body yâ—t lawfully took up armes for his own defence to the Law of the Kingdom for what more legall then that the Houses of Parliament should bring in Delinquents to triall and how can that be without Armes when the Delinquents betake themselves to their Armes The Schoolmen say three things concurre to a just warre First Jurisdictio indicentis and for that you have the Authoritie of Parliament which as one writes if you respect Antiquitie is of all Courts the most ancient if dignitie is of all Courts the most hononorable if authoritie and jurisdiction is of all Courts the most copious Secondly Offensio patientis and for that you have matter too much and your enemies too little the great cause of their armes is but some peece of prerogative if they pretend truly a cause infinitely beneath so unkind bloodie a war as this is Thirdly Intentïo boni convenientis and for that I dare say you are bellando pacifici your war being to prevent warre and your present bleeding to prevent some great sicknesse which this State would sink under Fourthly your Forces live and march under as many prayers as ever English Armies did you have preces armaâ—as and though Joshua fought valiantly Exod. 17. yet the prayers of Moses who was not in the fight got the field Fifthly If you do overcome you shall not make your selves slaves by your own victories we may truly say of some Dum vincunt victi sunt when they have overcome others they are slaves themselves your Religion Laws and Liberties stand all readie to reward your prowes And sixthly If you be overcome and die you die for God and your Countrey who can bring his life into a better market blessed are those that dye for the Lord so that word â— is rather to be read Rev. 14. 13. Wherefore as heretofore so now much more labour to hold forth the vertues of him that hath called you to this great imployment As Souldiers are more honoured then others so they should be more vertuous he had need carry much grace in his heart that doth daily carrie his life in his hand and your Souldiers should as well overcome the Countreys with their good examples as the Enemies with their swords When Joshua went out to battell against the Amalakites his men were all chosen or choice men Exod. 17. 9. And saith the Lord Deut. 23. 9 when the hoste goeth forth against thine enemie then keep thee from every wicked thing It is ordinarily observed that when the jews marched out
which in prudence might best correspond with their condition still making people the first subject and receptacle of civill power In proofe whereof I have stayed the longer it being the foundation of all this controversie And now passe on to the fourth Proposition which is 4th Proposition SEeing that the people are under God the first subject of civill power therefore the Prince oâ— supreme Magistrate hath no more power then what is communicated to him from the communitie because the affect doth not exceed the vertue of its cause 5th Proposition ANd as the Prince hath no more power then what is communicated from the communitie so the people or communitie cannot give away from themselves the power of selfe-preservation Because the same Commandement that faith Thou shalt not kill doth also say Thou shalt preserve Precepts that forbid evill do command the contrary good Now the morall naturall Law of God forbids a man to kill himselfe and therefore commands him to preserve himselfe and as by a positive act men cannot make a Law to kill themselves no more can they not to preserve themselves the one being as strongly commanded by the morall Law and as deeply seated in Nature as the other Secondly because if the communitie should give away the power of self-preservation the state should not be in a better but in a worser condition then before The King and Prince is taken into Office for the good of the people therefore called Pater patriae Pastor gregis not because he may arbitrarily rule in the Common wealth as a Father doth in his familie but because of his tender care that he is to have over his people and that the people might live more secure and peaceably in all godlinesse and honestie But if the communitie should give such a trust to any one that they might not at all defend themselves beyond his actuall appointment they should be infinitely in a worser condition then before because before such trust they should be freemen but after the trust they should be slaves unlesse it pleases the King through his own gratious condiscention to let them be free still for what is a slave but such a one who is so absolutely at the power of anothers command that he may be spoiled or sold or put under the Gallies and there beaten daily having no power to make any resistance or selfe-defence Thirdly it is agreeable to the Law of Nations and Reason that no inferiour Court can undo what a superiour Court hath done As where an estate is setled upon children by Act of Parliament no inferiour Court of Justice can cut off the intayle Now selfe-preservation is enacted in the Court of Nature as he that hath read but Magirus unbound I meane common naturall principles will grant and therefore no act of a communitie can cut off this intayle from their posteritie or make such a deed of Conveyance whereby themselves and their children should be spoyled of self-preservation Ob. But though by nature a man is bound to preserve himself yet he may destroy or put himself upon that which will be his destruction for the publick good doth not natura particularis go crosse to its own disposition ne detur vacuum Respons True I have read indeed that Natura particularis gives way to natura universalis but never heard before that natura universalis gives way to natura particularis or that natura universalis doth seek its own destruction or loose the power of self-preservation for the good or betternesse of some particular nature Wherefore if the seat of power be in the community and therefore no more power in the supreme then was and is derived from the communitie and the people cannot give away the power of self preservation Then in case the Prince doth neglect his trust so as not to preserve them but to oppose them to violence it is no usurpation for them to look to themselves which yet may be no act of jurisdiction over their Prince or taking away of any power from him which they gave him but is in truth a stirring up acting and exercising of that power which alwayes was left in themselves CHAP. II. HAving now spoken of power in generall I shall say somewhat of the governing and ruling power of England yet because that concerns the Parliament to declare which they have done and Lawyers for to clear which they do I shall but touch upon it and no more then comes within the compasse and verge I do not say of a divine but subject I find therefore in learned Fortescue Lord Chief-Justice and after Lord Chancellor in King Henry the sixth time that he doth distinguish of governed or ruling power into two sorts the one meerly royall and the other politick When Kingdoms are ruled by royall government saith he then men in a times past excelling in power and greedie of dignity and glory did many times by plain force subdue unto themselves their neighbours the Nations adjoyning and compelled them to do them service and to obey their commands which commands they decreed afterwards to be unto the people very Laws Cap. 12. The forme of institution of a politick Kingdom is that where a King is mad and ordained for the defence of the Law of his Subjects and of their bodies and goods whereunto he receiveth power of his people for that he cannot govern his people by any other power Cap. 13. Now saith he the King of England cannot alter or change the Laws of his Realm at his pleasure for he governeth his people by power not onely Royall but also politick And accordingly Wil. the Conquerour to go no higher in whose entrance to the Crown Dr. F. makes the first contrivement of his English government for conscience to rest upon seemes to me to have possest himself of this Kingdom who though he did conquer the same yet the first claime or title that he laid to this Crown was gift which Edward the Consessor had made to him Herauld the former King having promised the Crown also to him In this right he first set foot on the English shore not in the right of a conquest but in the right of a gift and promise as Speed Cambden and others affirm And afterwards when he had obtained the Crown he swore to use and practise the same good laws of Edward for the common laws of this realme notwithstanding saith Mr Fox Amongst the said lawes I find in ancient Records this was part that the King because he is Vicar of the highest King is appointed to rule the kingdome and the Lords people to defend the holy Church which unlesse he do the name of a King agrees not to him but he loseth the name of a King c. 2ly As the King and Conqueror came into the Kingdome by this claim so we finde that in those times the consent and choice of the people was in use for the establishing of Kings amongst them For
King Let him and them read what Almaine saith * A pol tic saith he is not there oâ—e said to be regall because there is one above all that is greater then all the Communitie but because there is one above the rest who hath â—urisdictionover every particular man in that Comâ—unitie neither were it fir that there should â—e one such who were so superiour unles he were indeviable as Christ who is able to rule the Communitie according to his own will â—hen the Poli ie shoulâ— be perfectly regâ—l And Fortescut saith Possâ— male â—g repotestarem potius mâ—ni it quam augment it We doe not say that God is lesse powerfull because h cannot sin nothing is more truly regall then to keep ones will within the bounds of good Lawes It is some miserie not to ave all which you would It is more miserie to will what you may not It is most miserie to have a power to doe what you see will But if you dâ—not saith the Doctor re-assume power from the Prince what means the d fference you make of things disposed of by trust from things disposed of by donation because they may be recalled these may not so you say pag. 25. I said not so but that there is a difference between things disposed by way of donation or sale and things disposed of by way of trust Things disposed of by way of sale or donation are not in our power to recall things disposed of by way of trust are in our power to look to when the trust is neglected I would this Doctor would but doe us the favour as to alledge our words rightly The 67. and 68. of his Book are spent in proving assertions of the same things that he had sayd before onely pag. 67. he confesseth it is likely that Kings were at first by election which acknowledgement we receive but how doth this agree with what he had said before Sect. 3. pag. 8 9 where he had said that election was a defection from that government that God set up at the first In the 69. pag. he commeth to the matter of the Kings Covenant and Oath which saith the Doctor is no condition on which the Kings of this Land are admitted to the Crown but a confirmation and strengthening of their mutuall duties by Oaths and promises as it was with the Kings of Israel The nature of this Oath we must leave unto the Parliament and Lawyers who better know then we how it is taken and on what termes only thus much I read in Speeds Cronicle that the Kencish men would not admit William the Conqueror to the Crowne but upon condition as I have shewed before And if the taking of the Oath were only for Confirmation carrying no condition with it why should it be taken at the first comming unto the Crowne and not rather afterwards What else remaines in that Section is so easie that the dimmest eye that hath conscience in it may see thorough for who knows not that it is a greater evill for a Comittee to be wronged by a particular person then for a particular person to be wronged by a Comittee Bonum quo communius eo melius malum quo Communius eo pejus And why doth not nature teach that a Prince who is married unto his people is to be faithfull to them as well as that the husband is to be faithfull unto his wife and therefore that conditions are implyed though not exprest between the King and his Subject aswell as between a man and his wife And so I passe from that Section to the Doctors two last CHAP. 6. WHereas the Dr. had said we sharpen many of our Weapons at the Philistims forge and I had shewed the difference between us and Papists in this cause He replieth difference there must needs be between you and Papists in this particular for they challenge such a power from the Pope you from the People Very well and is not here a vast difference the Papists say the Pope may despose Princes we say in case that Prince doth not performe his trust the People may look to their owne safetie Dr. Fern But we see your party making use of those examples which the Papists being for deposing of Kings as of Saul Uzziah and Athaliah The Papists bring these examples of Vzziah Atholiah c. to shew that the High â—riests did and so the Pope now may depose Princes proving that the Pope is above Princes Wee say with Chrisostome and others that every soul even Priests as they and you call them are to be subject to higher Powers That that lyes in the powre of no Priest to despose Princes 2. Is this to whet our Sythe at the Philistims Forge to use the same Scripture for one purpose which the Philistims doe for another The Papists use that Scripture Tibi dabo claves Thou art Peter and on this Rock I will build my Church to prove the Popes Supremacie The Reformed Churches use the same Scripture to prove that the power of the Keyes is penes Ecclesiam given to the whole Church and not unto a Peter onely do all the Reformed Churches therefore whet their weapons at the Philistims forge or are they therefore Popish because they use the same Scripture to other purposes So here Put you will give the Prince leave saith the Doctor to change his Religion so will the Papists if alâ— his Subjects may have free liberty for their Religion Not so but he turning Heretick as the Papists phrase it is to be excommunicated and so deposed Dr. Fern But in case he endeavour to force the contrary Religion upon his subjects for that must be supposed how then will your Allegeance bold Very well and yet not whet our â—ythes at the Philistims forge for they say that a Prince apostatising is to be excommunicated and so deposed as you shall presently see We say that Princes are not to be deposed for altering their Religion yea though they should be excommunicated for the Crown is not intailed upon Religion 2. They deprive Princes we only defend our selves 3. They deprive by the Popes authoritie we defend our selves by the highest civill authority of the Land Againe whereas I said the Papists hold it lawfull to kill a Prince and that a private man invested with the Popes authority may doe it we abhorre it The Doctor replieth that is their new forge under ground set up of late by Jesuites I did not meane you sharpened your weapons there but at the old forge and however you say you abhorre this Doctrine of killing Kings yet I feare and tremble to thinke if your Soveraigne had fallen in battell by the edge of your swoâ—d or shâ—t of your artillery you would have found him guilty of his owne death in that he would not being desired forbeare to goe downe himselfe into battell 1. 'T is well the Dr. will excuse us from Jesuitisme in this particular and well he may
in all things else especially here where he knowes there is so much correspondency between his own opinion and the Jesuites who for the most part of them hold that as all Fcclesiasticall power is given to Peter and so to the Pope and Bishops not to the Church so that all Civill Power is given immediately to the King and not to the Common-wealth but only as derived from him And therefore well may the Doctor excuse us from whetting our Swords at the new forge of the Jesuites that being a forge which he reserves to whet his owne weapons at 2. Neither doe we whet our weapons at the old forge for I suppose the Doctor will say that Aquinas his forge is of the oldest frame and he speaketh directly contrary to us thus as soon as ever any is denounced excommunicate for Apostacie from the faith his Subjects are ipso facto absolved from his dominion and the Oath of Allegeance whereby they were bound to him 3. We say if a shot of our Artillery had fallen on the King whereas you say we would have found him guilty of his own death we say we would have found you and such as you are guilty thereof that put him on such designes As if a man make a fire to preserve himselfe and his family and another comes and thrusts a third man into it we will not fault him that made the fire to preserve his family but him that thrust the man into it but in this matter Doctor you have answered your selfe for you told us in your former Treatise That it is lawfull for Subjects to ward their Princes blowes to hold his hands and the like pag. 9. Now if the Prince raise an Army against his Subjects how can his blowes be warded but by an Army and if his Army discharge their Ordnance and Musquets upon his Subjects how can his Subjects ward them blowes but by discharging likewise And then answer your selfe what if a shot of Artillery should fall upon your Prince But saith the Doctor if you back againe will gather strength for your assertions from the Papists Reasons be as like as you will to one another c. An. Who are most like to the Papists you or wee I referre you to all that knowes us See the Canterburian self-Conviction And if we may not gather strength of reason from Popish Authors to dispute against them why do either you or we reade them Reason is good where ever we finde it neither would Abraham refuse the use of the Well because Ahimilechs men had used it no more will we refuse good reason because the Papists have used it they using it rather from us and not we from them and yet in this matter as I have shewed we doe differ much from them But you prove a Power in the Body politick saith the Doctor to disburthen it selfe at the Church hath of evill Members as Papists doe An. But not as the Papists for we onely presse a necessity of Power in the body to defend and save it selfe from the injury of Princes they plead for a power in the Church who that Church is you know to depose Princes but then saith the Drs. hath this Church a power of excoÌ„munication still so it should be indeed but since the Act which tooke away the High Commission and as the party you plead for would have it interpreted all Ecclesiasticall Censure too where doth the exercise of that power rest upon whom now is the Argument turned page 73. An. Surely upon your selfe for there is no Church of Christ but whil'st it remaines a Church hath a power left in it though the exercise may be long suspended to see to it selfe and its owne preservation I say a power from Christ to excommunicate though it should bee denied from men and it seemes a strange thing to mee that the Churches of England have no power left because the High Commission is downe as if that Court were set up by Christ himselfe The body naturall hath power to disburthen it selfe saith the Doctor so hath the Common-wealth too but will you have the naturall body disburthen it selfe of the head or worke without it An. Neither doe we goe about to cut off our head but say in the generall if the Head should bee distempered through ill vapours that arise from inferiour parts so that it cannot discharge its Office it 's lawfull for those that are in place to give Physick to the body that even the very head it selfe may be the more healthfull And whereas I had shewne that there is not the same reason that the People should re-assume their trust in case the Parliament be negligent as there is that in case a Prince neglect his trust the Parliament and People should see to it the Doctor replies but if by Ordinances thence issuing they bee spoyled of their property and Liberty which is supposed in the case they will quickly feele it so An. This is but an infinuation of a grosse scandall no reason onely the Doctor argues p 75. will not the people as easily conclude they may free themselves from the trust given to those Parliament men chosen by them as renounce according to your Lessons their trust given to their Prince in all reason they will hold their representatives more accountable to them then their Prince can be An. This is a scandalous charge to say that we lessen men to renounce their trust given to their Prince whereas wee onely say the people have a Power to defend themselves and when cause requires to excite and actuacte that Power which was alwayes residing in them and never given from them Secondly how can the people as easily renounce their trust given to the Parliament when the People themselves conclude and say that what is done by the Parliament is Law which they doe not say as concerning the Prince but rather know that for Law he is directed by them but saith the Doctor this is to make them arbitrary and to lead the people after them by animplicite Faith An. The Doctor is much against the implicite Faith of the People both in this and his former Booke It were well that men of his strayne had been so much against implicite Faith in the matters of the Church where it is more dangerous where they were not witnesse the c. as now they are against the implicit Faith in the Common-Wealth where it is of lesse danger Againe why will this make the Parliament arbitrary or cast the people into an implicite Faith it 's granted by all that the King and both Houses may enact Lawes whereby the people are to be ruled beleeving that those Lawes are best for the Common-wealth doth this make the Government of King and Parliament arbitrary or rayse the people to an implicite Faith no more doth it here An arbitrary government is where a King may rule pro aâ—bitrio as a Father in his Family which power the Doctor doth give unto