Lex Rex, Question 37
QUEST. XXXVII. Whether or no it be lawfull that the Estates of Scotland help their oppressed brethren the Parliament and Protestants in England against Papists and Prelates now in Armes against them, and killing them, and …ndevouring the establishment of Poperie, though the King of Scotland should inhibit them?.
MArianus saith, one i… obliged to help his brother, non vinculo efficace, … 6. n. 18.not with any efficacious band, because in these (saith he) non est actio aut poena, one may not have action of law against his brother, who refuseth to help him; yet (saith he) as man he is obliged to man nexu civilis societatis, by the bond of humane society. Others say,It is necessary and la…full for t…e States of Scotland to help their brethren in England. one nation may indirectly defend a neighbour nation against a common enemie, because it is a self-defence; and it is presumed that a forraigne enemie having overcome the neighbour nation, shall invade that nation it selfe who denyeth help and succour to the neighbour nation, this is a self-opinion, and to me it looketh not like the spirit…a…l law of God.
3. Some say it is lawfull, but not alwayes expedient, in which opinion there is this much truth, that if the neighbor nation have an evil cause, neque licet, neque expedit, it is neither lawfull, nor expedient. But what is lawful in the case of necessity so extreame, as is the losse of a brothers life or of a nation, must be expedient,Cases …n which we are to help our brethren according to divers opinions. because necessity of non-sinning maketh any lawfull thing expedient. As to help my brother in fire or water, requiring my present and speedy help though to the losse of my goods must be as expedient, as a negative commandement (Thou shalt not murther.)
4. Others think it lawfull in the case that my brother seek my help only, other wayes I have no calling thereunto: to which opinion, I cannot universally subscribe, it is holden both by reason, and the soundest divines, that to rebuke my brother of sinne is (actus misericordiae, & charitatis,) an act of mercy and charity to his soul,We are to help our brethren, though they desire us not. yet I hold I am obliged to rebuke him by Gods law. Levit. 19.17. otherwise I hate him. 1 Thes. 5.14. Col. 4.17. Math. 18 15. Nor can I think in reason, that my duty of love to my brother, doth not oblige me but upon dependency on his free consent, but as I am to help my neighbours oxe out of a ditch, though my neighbour know not, and so I have onelyonly his implicit and virtuall consent, so is the case here. I go not farther in this case of conscience, if a neighbour nation be jealous of our help, and in an hostile way should oppose us in helping, (which blessed be the Lord, the honourable houses of the Parliament of England hath not done, though Malignant spirits tempted them to such a course,) what in that case we should owe to the afflicted members of Christs body, is a case may be determined easily.
The fift and last opinion is of those who think if the King command Papists and Prelates to rise against the Parliament and our dear brethren in England in warres, that we are obliged in conscience, and by our oath and covenant, to help our native Prince against them, to which opinion with hands and feet I should accord, if our Kings cause were just and lawfull, but from this it followeth that we must thus far judge of the cause, as concerneth our consciences in the matter of our necessary duty, leaving the judiciall cognizance to the honourable Parliament of England. But because I cannot returne to all these opinions particularly, I see no reason but the Civil Law of a Kingdom doth oblige any Citizen to help an innocent man against a murthering robber, & that he may be judicially accused as a murtherer who faileth in his duty, & that Solon said well, beatam remp. esse illam, in quâ quisque injuriam alterius suam estimet. Solons testimony.It is a blessed society in which every man is to repute an injury done against a brother, as an injury done against himself. As the Egyptians had a good law, by which, he was accused upon his head, who helped not one that suffered wrong; and if he was not able to help, he was holden to accuse the injurer,… of the …g…ptians …gainst those that helped not the oppressed. if not, his punishment was whips, or three dayes hunger, it may be upon this ground it was that Moses slew the Egyptian. Ambrose commendeth him for so doing.
Assert. We are obliged, by many bands, to expose our lives, goods, children, &c. in this cause of religion and of the unjust oppression of enemies, for the safety and defence of our deare brethren and true religion in England. 1. Prov. 24.11. If thou forbear to deliver them, that are drawn to death, foreign taken as captives to be killed, and those that are ready to be slaine. 12. If thou say, behold we know it not, doth not he that pondereth the heart consider it? and he that keepeth thy soul, doth he not know it? and shall he not render to every man, according to his work? Master Iermin on the pl…ce, is too narrow, who co…menting on the place, restricteth all to these two, that the priest should deliver, by interceding for the innoc…nt,foreign … ad …. and the King by pardoning only. But 1. to deliver is a word of violence,… ad …. as 1 Sam. 30.18. David by the sword rescued his wives, Hos. 5 14. I will take away, and none shall rescue. 1 Sam. 17.35. I rescued the lambs out of his mouth, out of the Lyons mouth, which behov…d to be done with great violence. 2 King. 18.34. They have not delivered foreign Samaria out of my hand. So Cornel. à Lapid…, Charitas suad…t, ut vi & armis eruamus injuste ductos ad mortem. Am…ros. lib. 1. offic. c. 36. citeth this same text, and commendeth Moses who killed the Egyptian in defending a Hebrew man. 2. It is an act of Charity and so to be done, though the judge forbid it, when th… innocent is unjustly put to death.
Acts of charity … help…ng our bre…hren against u…just oppressions, of lig… us whether the King c…mma…d th…m or forbid ….Object. But in so doing private men may offer violence to the lawfull magistrate, when he unjustly putteth an innocent man to death, and rescue him out of the hands of the magistrate, and this were to bring in anarchy and confusion, for if it be an act of charity to deliver the innocent out of the hand of the Magistrate, it is homicide to a private man not to do it, for our obedience to the law of nature tyeth us absolutely, though the Magistrate forbid these acts, for it is known, that I must obey God rather then man.
Answ. The law of nature tyeth us to obedience in acts of charity, yet not to perf…rme these acts after any way and manner, in a meere naturall way, impetu naturae, but I am to performe acts of naturall charity in a rationall and prudent way, and in looking to Gods law, else if my brother or father were justly condemned to die, I might violently deliver him out of the Magistrates hand, but by the contrary, my hand should be first on him, without naturall compassion. As if my brother or my wife have been a blasphemer of God, Deut. 13.6, 7, 8. and therefore am I to do acts naturall, as a wise man observing (as Solomon saith Eccles. 8.5.) both time and judgement. Now it were no wisdom for one private man to hazard his own life, by attempting to rescue an innocent brother, because he hath not strength to do it, and the law of nature obligeth me not to acts of charity, when I in all reason, see them unpossible, but a multitude who had strength did well to rescue innocent Ionathan out of the hands of the King, that he should not be put to death: yet one man was not tyed by the law of nature to rescue Ionathan, if the King and Prince had condemned him, though unjustly.
2. The hoast of men that helped David against King Saul, 1 Sam. 22.2. entered in a lawfull war, and 1 Chron. 12.18. Amasa by the spirit of the Lord blesseth his helpers, peace, peace be unto thee, and peace be to thy helpers, for thy God helpeth the. Ergo, Peace must be to the Parliament of England, and to their help…rs their brethren of Scotland.
3. Numb. 32.1.2.3.16.17.18.19. Iosh. 1.12.13.14. The children of Gad, and of Reuben, and the half tribe of Manasseh, though their inheritance fell to be in this side of Iordan, yet they were to goe over the river armed to fight for their brethren, while they had also poss…ssion of the land, at the commandement of Moses and Joshua.
4. So Saul and Israel h…lped the men of Iabesh Gilead conjoyned in blood with them, against Nahash the Ammonite, and his unjust conditions in plucking out their right eyes, 1 Sam. 11.
5. Iephtha Iudg. 12.2. justly rebuketh the men of Ephraim because they would not help him and his people, against the Ammonit….
6. If the communion of Saints be any bound, that England and we have one Lord, one faith, one Baptisme, one head and Saviour Iesus Christ, then are we obliged to help our bleeding sister Church, against these same common enemies Papists and Prelates, but the former is undenyably true, for 1. We send help to the Rotchel, if there had not been a secret betraying of our brethren, we send help to the recovery of the Palatinate, and the aide of the confederat Princes against Babels strength and power, and that lawfully, but we did it at great leisure and coldly. Q. Elizabeth helped Holland against the King of Spain. And beside the union in Religion. 1. We sayle in one ship together, being in one Iland, under one King; and now by the mercy of God, have sworne one Covenant, and so must stand or fall together.
7. We are obliged by the union betwixt the Kingdomes concluded to be by the Convention of the Estates of Scotland, An. 1585. at the desire of the Generall Assembly, 1583. to joyne forces together at home, and enter in League with Protestant Princes, and Estates abroad, to maintaine the Protestant Religion, against the bloody confederacy of Trent; and accordingly this League betweene the two Crownes was subscribed at Berwick, An. 1586. and the same renewed, An. 1587, 1588. as also the confession of Faith subscribed, when the Spanish Armado was on our coasts.
8. The Law of God, commanding that we love our neighbour as our selfe, and therefore to defend one another against unjust violence. l. ut vim. ff. de just. & jur. obligeth us to the same, except we thinke God can be pleased with lipp…-love in word onelyonly, which the Spirit of God condemneth, 1 Ioh. 2.9, 10. cap. 3.16. and the summe of Law and Prophets, is that as we would not men should refuse to help us, when we are unjustly oppressed, so neither would we so serve our afflicted brethren. l. in facto ff. de cond. & demonstr. § Si uxor. Iustit. de nupt.
9. Every man is a keeper of his brothers life, there is a voluntary homicide, when a man refuseth food or physick necessary for his owne life, and refuseth food to his dying brother; and men are not borne for themselves. And when the King defendeth not subjects against their enemies, all fellow-subjects, by the law of Nature, of Nations, the Civill, and cannon Law, have a naturall priviledge to defend one another, and are mutuall Magistrates to one another, when there be no other Magistrates. If an Army of Turks or Pagans would come upon Britaine, if the King were dead, as he is civilly dead in this juncture of time, when he refuseth to helpe his subjects, one part of Britaine would help another: As Iehoshaphat King of Iudah did right in helping Ahab and Israel, so the Lord had approved of the warre. If the left hand be wounded, and the left eye put out, nature teacheth that the whole burden of naturall acts is devolved on the other hand and eye, and so are they obliged to helpe one another.
10. As we are to beare one anothers burthens, and to help our enemies, to compassionate strangers; so far more these, who make one body of Christ with us.
11. Meroz i… under a curse, who helpeth not the Lord, one part of a Church another. A woe lieth on them that are at ease in Zion, and helpeth not afflicted Ioseph, so farre as they are able.
12. The law of Gratitude obligeth us to this: England sent an Armie to free both our soules and bodies from the bondage of Popery, and the fury of the French, upon which occasion a Parliament at Leith, Anno 1560. established Peace and Religion, and then after they helped us against a faction of Papists, in our owne bosome; for which we take Gods name in a prayer, seeking grace never to forget that kindnesse.
13. When Papists in Armes, had undone England (if God give them victory) they should next fall on us, and it should not be in the Kings power to resist them. When our enemies within two dayes journey are in Armes, and have the person of our King, and his judgement, and so the breathing Law of the two Kingdomes under their power, we should but sleepe to be killed in our nest, if we did not arise and fight for King, Church, Countrey, and Brethren.
Object. By these and the like grounds, when the Kings Royall Person and life is in danger, he may use Papists as subjects, not as Papists in his owne naturall self-defence.
Answ. Hell and the Devill cannot say, that a thought was in any heart, against the Kings person: He sleeped in Scotland safe, and at Westminster in his owne Palace, when the Estates of both Kingdomes, would not so much as take the water-pot from his bed-side, and his Speare; and Satan instilled this traiterous lye, first in Prelates, then in Papists. 2. The King professeth his maintenance of the true Protestant Religion, in his Declarations, since he tooke Armes; but if Saul had put Armes in the hands of Baals Priests, and in an Armie of Sidonians, Philistims, Ammonites, professing their quarrell against Israel was not to defend the King, but their Dagon and false gods; cleere it were, Sauls Armie should not stand in relation of helpers of the Kings, but of advancers of their owne Religion. Now Irish Papists and English in Armes, presse the King to cancell all Lawes against Popery, and make Laws for the free liberty of Masse, and the full power of Papists, then the King must use Papists as Papists in these warres.