Treatise of Civil Policy, Treatise · 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 is obliged to help his brother, non vincul… De …i…cip. 6. …. 18.eſſicace, not with any efficacious band, becauſe in theſe (ſaith he) non eſt actio a…t 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, one nation may indirectly defend a neighbour nationIt is neceſſary and lawfull for the States of Scotland to help their brethren in England. 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…all 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 loſſeCaſes …n which we are to help our brethren according to divers opinions. of a brothers life or of a nation, muſt be expedient, 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 …. 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, … 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, if not, his puniſhment was whips, orLaw of the Egyptians againſt thoſe that helped not the oppreſſed. three dayes hunger, it may be upon this ground it was that Moſes flew 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 place, is too narrow, who commenting on the place, reſtricteth all to theſe two, that the prieſt ſhould deliver, by interceding for the innocent,foreign Erne captos ad mortem. and the King by pardoning only. But 1. to deliver is a word of violence, 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 behoved to be done with great violence. 2 King. 18. 34. They have not delivered foreign Samaria out of my hand. So Cornel. à Lapide, Charitas ſuad…, ut vi & armis eruamus injuſte ductos ad mortem. Ambroſ. 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 the innocent is unjuſtly put to death.
Object. But in ſo doing private men may offer violence to the lawfull Acts of charity as helping our brethren againſt unjuſt oppreſſions, oblige us, whether the King command them or forbid them.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 performe 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 helpers 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 poſſeſſion of the land, at the commandement of Moſes and Joſhua.
4. So Saul and Iſrael helped 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 Ammonites.
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 lippe-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 nor 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. § Siuxor. 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 is 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.