Gods Holy Mind Touching Matters Moral, Tract 2 · Part 69
Heere some particular cases are propounded and obiected. As first this;
Obiection. 1 Voluntarie Combate, or Single fight is a triall of Innocencie, and of trueth and right, and an ending of quarrells, and controuersies: therefore it may seeme in these cases to be lawfull.
Quest. How is this to bee answered?
Answ. Thus;Nomb. 35.30. Deut. 17.6. Iosh. 7.19. Heb. 6.16. other meanes are appointed of God for the triall of Innocency, and of truth and right, and of ending quarrels, as witnesses, evidences, open confession, & an oath, and not a voluntary combate; and vsually in a voluntary combate the stronger party preuailes and ouercomes, and not he that hath the more iust cause.
Obiection. 2 A man may defend himselfe and his owne life by fighting with a thiefe that assaults him: why then may he not defend himselfe and his life (leaue being granted him by the Magistrate) by combating and fighting with a false accuser, one that accuseth him falsely of some foule crime and fact deseruing death before a Iudge, and so seekes to spill his blood by the helpe of the Magistrate.
Quest. How is this to be answered?
Answ. There is great difference betweene iust defence against the assault of a thiefe, and combate with a false accuser: for a man is put to it on the sudden to defend himselfe against a thiefe; but combate with a false accuser, is of concluded and set purpose.
And againe, in iust defence against the assault of a Thiefe, there is, or ought to bee an intention onelyonly to defend, and not to kill: but in combate with a false accuser, there is a full purpose and resolution to kill: and therefore though the one bee lawfull, yet the other is not.
Obiection. 3 In the time of warre, the hazard of the losse of many, and the shedding of the blood of many may be stayd by a single combate betweene two Champions appointed by the two armies, to trie the matter. Therefore in that case it seemes that a combate is lawfull.
Quest. How is this to bee answered?
Answ. Though there bee lesse danger of hazarding one mans life, then a whole armie; yet if the cause bee good and iust, it is to be maintained with all the strength that may be, and not to bee layd on the courage and power of one man, who in likelihood vnlesse the Lord doe in special manner support and assist, may be ouercome, and lose the victory.
Quest. What if the army that hath the better cause be weaker then the army of the enemies, may it not then commit the matter to bee tryed by combate?
Sam. 14.6. Chro. 14.15. Chro. 20.12.Answ. No, Combate is no meanes appointed of God for triall in that case, but the army that hath the better cause, and is weaker, is to commend it to the Lord, and vnderunder his shield and name to fight it out, it being as easie with the Lord to defend and saue by a few, as by many.
I passe by that, that a man is disgraced for euer, vnlesse hee take a Challenge: some examples are obiected, as that
Obiection. 1 Exod. 2 11, 12. Moses and the Egyptian fought a combate, they fought hand to hand, and Moses slew him: therefore single combate seemes sometimes to be lawfull.
Quest. How is this to be answered?
Answ. Thus; Moses was stird vp and called of God to be a deliuerer of his brethren out of the hands of the Egyptians; for God had then called him to that office, though his calling was not yet fully manifested to his brethren, and so that act of his of smiting and killing the Egyptian was a publike act of his calling,Act. 7.23.24.25 and was a beginning of the execution of his office, which was afterward to be fully performed: therefore being a publike person his example is not to the purpose.
Obiection. 1 Sam. 17.48, 49, 50, 51, 52. wee read that Dauid fought with Goliah the Philistim hand to hand, & had good successe, he ouercame him: it may seeme that single combat is lawfull.
Quest. How is this to be answered?
Answ. Thus; the act of Dauid in combating with Goliath, was by the speciall and extraordinary instinct of Gods Spirit, and by extraordinary motion wrought in his heart by the Lord on the hearing of Goliahs blasphemie: and therefore that act of his is no more to bee imitated and followed of vsus, then the Israelites spoyling the Egyptians, Exodus 12.36. or the fact of Phinehas, Numbers 25.7, 8. and the like extraordinary deedes are rather to be admired then followed.
Qu. How many wayes do men openly & willingly shed the blood and take away the life of another or others by sword, dagger, knife, rope, gunne, or other instrument or meanes of taking away the life?
Ans. Two wayes, either with deliberation, or on a sudden and without deliberation.
Quest. How doe men openly and willingly shed the blood of an other, or others, by sword, dagger, knife, rope, gunne, or such like instrument or meanes of death with deliberation?
Answ. Thus;Deut. 19.11.12 Gen. 4.8. 2 Sam. 3.27. 2 Sam. 20.9.10 when they doe it out of hatred and fore-thought, and desire of reuenge, and out of a grudge carried in their hearts long before.
Quest. How doe men openly and willingly shed the blood of an other or others, by sword, dagger, knife, rope, gunne, or other instrument or meanes of death on a sudden, & without deliberation?
Ans. Thus; when they doe it being thereunto carried,Gen. 4.23. Nomb. 35.16. to 24. 1 Sam. 20.30.33. 2 Sam: 2.22.23. either by sudden passion of anger, without all former malice, and they doe it in their heate, rage, and fury; or they doe it in the time of some vile and sinfull distemper, as in the time of drunkennesse, and the like, which is called Manslaughter: for in the time of a mans rage, or in the time of his vile and sinfull distemper, his will is free, though his reason bee blinded: of this we read, Gen 4 23. And this manslaughter the Lord calls Murder, Num. 35.16, 17, 18. compared with that, vers. 20. to 24.
Quest. What if a man kill another or others by some instrument and meanes of death casually hauing no purpose to doe him or them any hurt, which is commonly called Chance-medly; is that a sinne against the sixt Commandement or no?
Ans. No, properly it is not; yet casuall killing is sometimes sinfull, and in some respects blame-worthy, and sometimes it is altogether blamelesse.
Quest. How is casuall killing sinfull and blame-worthy?
Answ. Thus; when it falles out and comes to passe by meere ouersight and negligence; as if a Phisician through carelesnesse mistake the medicine and so kill his patient, which might by his care hauehave been preuented: that act of his is sinfull and blame-worthy, in regard of his negligence and vnwarie dealing.
Quest. How is casuall killing altogether blamelesse?
Ans. Thus; when it falls out and comes to passe by meere accident, which cannot bee helped, as when one heweth wood,Deut. 19.5. Chron. 19.10 the Axe head flyeth off, and killeth one that standeth by, or the like.
Quest. What are the acts and deeds common both to publike and priuate persons, that by some secret and cunning deuice doe shed the blood, and take away the life of another or others?
Ans. They are acts and deeds wherin men doe willingly, yet vnderhand, and by mea…es not presently discerned, shed the blood, and take away the life of another or others, one or more, and that foure wayes especially.
Quest, VVhat is the first of those?
Answ. This; by poysoning an other or others wittingly and willingly,Psal. 69.21. Mark. 16.18. by giuing an other or others poyson, or causing it to bee giuen to them in their meate, drinke, or any other way by poyson killing them and bereauing them of their liues.
Quest. VVhat is the second way by which men doe willingly yet vnderunder-hand, and by meanes not presently discerned, shed the blood of another, or others?
Answ. This; by witchcraft, and inchantment, and sorcery, when men wittingly and willingly vse the help of Witches, Sorcerers and Inchanters, and by the helpe of Witches, Sorcerers,Exod. 22.18. Reuel. 9.21. and Inchanters, doe kill another or others; or when Witches, Inchanters, and Sorcerers do of their owne accord, by the helpe of the Deuill kill another, or others.
Quest. VVhat is the third way by which men doe willingly, yet vnderunder-hand, and by meanes not presently discerned, shed the blood of another or others?
1 King. 21.19. 2 Sam. 12.9. Act. 2.23.Answ. This; by some publike and craftie practice cause another or others, to shed the blood of another or others. Thus Ahab was a murderer, 1 Kings 21 19.
Quest. What is the fourth way by which men doe willingly, yet vnderunder-hand, and by meanes not presently discerned, shed the blood of another or others?
Answ. Thus; by co…uaying something into the body of a woman with chil…, hurtfull to t…e child, purpos…ly to destroy it: when men wittingly and willingly giuegive or cause to bee giuen to a woman with childe some hurtfull thing in meate, drinke, or medicine, that may destroy the child, and so destroy it, and cause an vntimely birth; or a woman her selfe being with child, doth purposely take some hurtfull thing in her meate, or drinke, or some hurtfull medicine to destroy her childe, and doth thereby destroy it,Exod. 21.22.23. it may bee to couer her whoredome.
Quest. What if a woman hauehave but lately cenceiued, and the Child in her wombe is not yet perfectly formed and endued with life; if then either another giuegive her something, or cause something to be giuen her; or the woman her selfe takes something to destroy her conception, and doe hereby destroy it, or cause her to miscarrie: Is it murder or no?
Answ. Yes, it is: whosoeuer wittingly causeth a woman hauing conceiued with childe, to miscarry, may bee said to hauehave killed a man; yea, the vsing of meanes by medicines or the like, to hinder procreation, and to destroy a womans fruitfulnesse, is secret murder; and the destroying of the nature by men, is also secret murder,Gen. 38.7.9. it was the sinne of Er and Onan, Gen. 38.7, 8.