THE ANSWER Of the Commission of the Generall Assemblie to the Quaeree Propounded to them from the PARLIAMENT WITH AN ANSWER Of the Commission of the Generall Assemblie to a letter sent to them from the Ministers of the Presbyterie of Sterline ABERDENE Printed by James Brown 1651. PERTH 14 December 1650. Ante meridiem Answer from the Commission of the Generall Assemblie to the Quaeree from the PARLIAMENT THe Commission of the Generall Assemblie Having propounded unto them from the Honourable Estates of Parliament this Quaestion What persons are to be admitted to ryse in armes and joyne with the forces of the kingdome and in what capacitie for defence thereof agaynst the armie of Sectaries who who contrary to the Solemn League and Covenant and Treaties have most vnjustly invaded and are destroying the kingdome Doeth humblie returne to their L. this Answer That considering it is a necessarie duetie incumbent to their L. both by the Law of GOD and the law of nature to use all necessarie and lawfull meanes for the defence of the Libertie Lyves and Estates of the people of the Kingdome agaynst the publick enemy who hath most unjustly invaded us and is destroying all these And considering that the Forces formerlie raysed in this kingdom are so ruined and scattered that there is not any considerable power of them remayning And that the enemy hath now in his possession and altogether under his power a great part and that the best part of the kingdom And that there cannot possibly be raysed out of the rest of the Land any competency of Forces to oppose the enemy either for preservation of these parts that are yet free or for relief of these that are already subdued as is represented by the Estares unles there be a more generall calling foorth of the body of the people then heretofore hath been Therefore in this case of so great and evident necessity we cannot be against the raising of all Fensible persons in the Land and permitting them to fight against this enemy for defence of the kingdom Excepting such as are excommunicate fofaulted notoriously prophane or flagitious and such as have been from the beginning and continue still or are at this tyme obstinate and professed enemies and opposers of the Covenant Cause of GOD And for the capacity of acting That the Estates of Parliamet ought to have as we hope they will have speciall care that in this so generall concurrence of all the people of the kingdom none be put in such trust or power as may be prejudiciall to the Cause of GOD And that such Officers as are of known integrity and affection to the Cause and particularly such as have suffered in our former armies may be taken speciall notice of A. Ker. PERTH 6 January 1651. The Answer of the Commission of the Generall Assemblie to the * * The printing of this letter we thought might well be spared because of the slownes of the Press here and becaus it is alreadie printed at Edmburgh and is now abroad in the hands of many letter of the Ministers of the Presbyterie of Sterline to them IN our letters sent from our last meeting to the severall Presbyteries of this Kirk signifying to them the resolutions of King and Parliament to call foorth the bodie of the people throughout the parts of this kingdome which are yet free from the oppression of the enemie for the defence and delyverance of the kingdome and desyring all Ministers in their places and stations to contribute their endevours for advancing that work and service As we did then conceive so do we still judge that we did nothing but what our ductie in the trust committed to us by the Generall Assemblie for the good of the Kirk and people of GOD in this kingdome oblieged us to doe And that we requyred of Ministers their concurrence in such service as the present condition of the kingdome doeth requyre and nor onlie the practise of all Christian Nations but also both the law of nature and the Law of GOD doeth allow and approve Expecting that the Servants of GOD out of their tender affection to the suffering and bleeding condition of this Kirk and kingdome and respect to the lawfull commands of authoritie should not been deficient to so necessarie and pious a service Or that if anie should fynd matter of scruple and doubt in the publick resolution concerning that service which might retard or put them to a demurre therein that they would have come or sent some frō them to communicate their doubts and scruples with us that by conference thereupon light might have been sought for removing of mistakes rather then remayning at distance without necessitie sent their mynd positivelie determining contrary to the publick resolution in wryting which ordinarilie proves a snare in matters of controversie which is not easilie winne out of againe men seldome comming off from that which once they have in matters of that kynd put pen to paper on But no wayes expecting that any brethren would have been so disrespective to the publick judicatorie of the Kirk and so forward to vndoe peace and union in the Kirk of GOD as to goe up to Pulpits and preach publicklie agaynst the resolutions of the publick Iudicatorie before they had recourse to themselves to be informed of the grounds and reasons of their resolutions and to communicate anie doubts themselves had upon the same as to our great griefe we heare some have done This as it is most disorderlie and scandalous so it cannot but at this tyme be most prejudiciall to the safetie of the Kirk and kingdome and advantagious to the designes of the publick enemie And we expect that Presbyteries in their respective bounds will take notice of what hath been done this way and reprove it so as the offence may be taken away and the prejudice obviated so farre as may be As for satisfaction to anie doubts that are brought agaynst the present publick resolution in relation to acting agaynst the enemie and reasons clearing it to be a duetie allowed and approven of GOD albeit as we have intimate before this might have been more convenientlie done in mutuall conference together in the spirit of love and meekeesse then in the way that is by some chosen yet shall we not refuse even in this way to hold forth to others these grounds wherewith we our selves were satisfied and we judge all in this Kirk and kingdome ought to be and may be satisfied as also to answer these contrarie reasons which have been brought and we were not ignorant of when we agreed upon that resolution And first we shall desyre every one seriously to consider the case and condition wherein the kingdome is engaged standeth at this tyme that now we are not upon an engagement of invasive warre but upon necessary defence against a forraigne enemy who hath not only injustly invaded us but also through the holy permissive providence of GOD slaine many of
them all called out promiscuously not withstanding a great part of them no question had been in the defectiō And it cānot be said without groundles rashnes that al such had given convincing evidences of true repentance Neither do we find that any of their governors are reproved for not excluding such as had been in the defection frō rysing in arms for the necessary defence deliverance of the Land But on the contrary we find sad reproofs terrible curses pronounced against thē that came not out ot the work Judg. 5. v. 15.16.17.23 And who will say that there were none amongst these mentioned there had been in the defection 2. The like may be seen in the history of the Kings Chronicles that when after a defection frō Religion the Covenāt of GOD gracious reforming kings arose had to doe against forraign invasion we find not these kings debarring any subjects but calling them out promiscuously for the just necessary defence of the kingdom Neither do we ever find it laid to their charge that they called out such or such subjects upon that service though we may clearly perceive by the story sermons of the Prophets of the times that in time of best kings best reformations the greater part of the body of the people were very wicked still retaining in their practise much superstition Instāces are well known to such as have any acquaintance in Scripture 3. We find a very clear practise stamped with divine approbation and followed with the LORDS blessing making it succesfull speaking aboundantly to our point 1. Sam. 11. Where in the case of Jabesh-gilead besieged by a forraign enemy Saul cōmands all Israel to come forth for the defence delivery of their brethren under pain of a severe civill censure Wherein we desire these things to be considered 1. That what Saul did in this busines was by the motion of the Spirit of GOD to wit acting him to doe the duety of his Royall calling 2. That what the people did in obedience to the command they were also moved thereunto of GOD by an impression of his fear making thē to wit to reverēce the authority of the king called by him now acting his calling 3. That in this acting Samuel is cōcurring acting jointly with Saul without making any opposition to the course that is taken 4. As all the body of the people is cōmanded to rise so all come forth as one man yet Cap. 10. v. ult many amongst them as is apparent a great faction were sonnes of Belial wicked turbulent persons who malignantly opposed the work clear revealed will of GOD in calling Saul to the governement of his people We desire that Calvins sermons on that chapter be read wherein amongst other things that make to our purpose it will be found that that learned judicious pious writer doth cōdemn the citizens of Jabesh-gilead of much sinfulnes for that they were so soon ready to yeeld unto capitulat with the enemy did not first pray to GOD and call for the help of their brethre the like whereof we are sory that the courses of some in this Land at least in the condition of the work leads unto whileas the necessary help of fellow subjects against an invading oppressing enemy is not only not called for but rejected opposed by them 4. To reason in a more particular way to our case in hypothesi we desire it may be considered that such as are excluded who are a great part of the remnant of the Land If not the greater part if rules of exclusion as they are urged in the letter be extended and applyed equally impartially having their lives liberties and estates allowed unto them must either be in these things ensured we mean in so farre as is competent to man to doe by interposing a competent power for their protection against the violence or if that cannot be given them as certainly it cannot be given as the condition of this Land now standeth they must be allowed to act for their defence nam qui dat vitam dat necessaria consequentia ad vitam Now how shall they act and take up armes for their own defence and the defence of the countrey if they be not called thereunto and allowed by authoritie If it shall be said that they may be permitted to act for their own defence we repone that must either be in a joint way with others in the Land if so then the thing in question is granted upon the matter but in a way disorderlie and more dangerous then that which is desired and resolved upon Or apart and by themselves Certainly that were a more ready way as the condition of the Land now standeth to expose both themselves and others and the whole Land to ruine and wee haue alreadie found too sad experience of acting this way We come now to answer the reasons objections brought on the contrary And first we observe that no testimonies or grounds of Scripture are alledged in an head by themselves against the resolution to show that it is a course sinfull in it self Only in the first branch of the second reason some are pointed at which were made use of anno 1648 against the associating with Malignants in the engagement against England and are alledged also to speak much against the present busines But it is not sufficient to say and dictat this it ought to have been cleared if it could been But the cases are very much different that was of an invasive warre wherein an association with Malignants notourly continuing in their malignant courses and that without any necessity there being sufficiency of honest men to have been employed had the cause been good this is of just and necessary defence against forraign prevaling invasion and oppression wherein tho none are to be employed that continue in a course of malignancie The places pointed at may well speak against that but doe not reach this We need say no more unlesse there were some show of proofe to the contrary yet we shall say somewhat particularly to one place that which is said in the case of Amaziahs associating with and taking to him the Israelits for help in his just defence 2. Chron. 25.7 O King let not the army of Israel goe with thee for the LORD is not with Israel even with all the house of Ephraim as being mainly urged and seems most to stick with some in the present businesse to which sundry things may be answered which clear the present businesse from the force thereof 1. The Israelits were idolaters and forrainers not so in our case in either respect But it is alledged that the reason why Amaziah is disswaded from taking their assistance is Because GOD was not with them and therefore the same reason having place in manie of these whom the present resolution comprehendeth the disswasion hath the same force against them Therefore 2. GOD' 's not
our Brethren with the sword subdued a great part of the Land is oppressing the people of GOD therein and following his injust designes and intentions against the rest of the kingdome that in this case in the ordinary way of providence according to which men must act unlesse they would be guilty of tempting GOD there is need and ought to be employed against the enemy such a competency of power as is requisit in right and warrantable prudencie may be had not being of it selfe sinfull This certainly is mans duety what ever GOD out of His soveraignity hath done or may doe in the case of want or disproportion of meanes That in such parts of the kingdome as are yet free from the oppression of the enemy and so out of which any men can be raised there is not a possibility to get such a competencie of power unlesse there be a more generall calling foorth of the body of the people then hath been before this as it is most certaine in it selfe so it is most apparent and evident unto all that doe understand these parts of the kingdome and whereas faithfull and honest men in the State well acquainted with the severall shyres of that part of the kingdome have publickly declared that when all shall be brought together that can be called foorth of these parts according to publick resolution will scarce be a competent power against the power of the enemy we cannot but much wonder if any not so acquainted therewith shall hold the contrary and not give credit to the declaration of honest and faithfull men especiallie in authority the matter being such as in the immediat knowledge thereof dependeth on sense as to these that have not that knowledge pertaineth to humane faith which giveth credit to the testimony testium idoneorum of competent witnesses such as these are whom we haue designed So that the Brethren in their letter whileas for asserting the exercising of their judgement anent this point of the necessity of the kingdom in a way of dissenting from the publick declaration testimony given thereanent they doe alledge the practise of the Generall Assembly 1648 desiring the Parliament to satisfie and cleare them in the lawfulnesse and necessity of the warre seeme not to argue to the purpose because there the question was about a point de jure here the question is about the existence of physicall meanes The case of the kingdom standing thus the question is whether it be a lawfull course or not to raise all sensible persons acknowledged subjects of the kingdom according as is expressed in the publick resolution for defence and deliverance of the kingdom from the unjust violence oppression of a forraigne enemy We judge the course not only to be lawfull but necessary duetie in the case for these reasons 1. Because it hath been through all generations and is at this day the universall unconverted practise of all christian kingdoms and States in case of just defence against forraign invasion to employ all such as are acknowledged subjects and citicens in such a way as is not evidently destructive to Religion which practise is also allowed and approven by the judgement of the soundest Divines in the Protestant Kirks as might be particularly instanced if need were in this paper We doe not leane our faith in matters of conscience upon the practises or testimonies of men yet conceive that so universall a practise in a matter of conscience uncontroverted ought not to be misregarded and seems is so farre from being so horrid a sinne as some account it that it cannot want good clear reason for it And here we shal desire that the practise of our own first reformers of this Kirk may be called to mynd who did receiue sundry unto cōmunion of counsells acting with them against the Queen Regents faction who had been before upon her part and faction opposing the Congregation when as they came to acknowledgement of their former errours were willing to joyn with the Congregation in the good cause 2. As the law of nature binds obliges every one that is a member of the politicall body of a kingdom or State to endevour to the uttermost of their power the preservation of the whole of other fellow members in a just quarrell cause which if they refuse to doe they are guilty of murther and treachery against the Common-wealth So the same law of nature allowes the body layes an obligation upon such as are governours rulers of that body to call for the help and assistance of every member as necessity requireth for defence deliverance of the body from injust violence destruction which if they doe not they run into the same guiltinesse betray their trust Or to make the matter more clear take this formed argument That which any is obliged to doe for anothers preservation and cannot omit without the guiltinesse of anothers destruction that may the other lawfully require of him when he needeth it and when it may be done by him without the undoing of a greater good then is the others preservation But so it is that every subject of the kingdom is obliged by the law of nature their oath of allegeance their Covenants the Law of GOD to endevour to the uttermost of their power the preservation of the kingdom against injust violēce Therefore their helpe may be lawfully called for by such as are in authority for this end whē the kingdoms preservatiō stands in need of it their help tends not to the undoing of a greater good thē is the preservation of the safety of the kingdom But to assume in way of prosyllogisme the preservatiō of the safety of the kingdom at this tyme against injust violence stands in need of the help of many subjects who haue been formerly debarred frō rysing in arms their power may be employed for that end without the undoing of a greater good as shall be cleared afterward in answering the objectiōs Therefore c. 3. Whē we have in the sincerity of our hearts advised with the Word of GOD we can find nothing therin contrary to the course in the casewe have propoūded And how could we find otherwise seing the law of nature which is comprehēded in the Word of GOD as a part of it is so clear for it But we doe find in the Word good and clear warrant for it We shall not stay upon all which might be brought thence but shall only point at one or two particulars which speaking clearly to the point may be sufficient to build faith vpon 1. We find in the book of Judges when because of great defection from the purity of Religion the Covenāt of GOD in that ancient Kirk they were broght under the oppression of forraign enemies yet when as any governour was raised up by GOD for their defence deliverace frō oppression the people are raised gathered out for that end we find