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
being with them may be either conceived and understood in regard of the estate of grace and reconciliation with GOD but how-so-ever that with many of them GOD was not in this regard yet the reason cannot be alledged in this sense because then it would follow by the argument that we might not take the help of any man out of the estate of grace for our just and necessary defence which none will admit or it may be understood of GOD'S assistance and prospering providence simply But neither can it be taken thus because it is certain and clear that GOD was often with them in this sense in their own cause and quarrells therefore it must needs be conceived in regard of their profession and Religion which was corrupt and idolatrous Now the reason thus understood hath not place in our businesse 3. Yet doe we not find that Amaziah is commanded to exclude any of the subjects of his own kingdom from acting in that defence or reproved for not doing of it notwithstanding many of them no doubt were naughty and corrupt in their way 2. King 14.4 The first reason is taken from the fourth article of the Covenant that the resolution agreed upon is inconsistent therewith the scope whereof is alledged to be against the employment of such persons because it byndeth to discover them and bâ—ing them to condign punishment which is a further degree of distance To which we answer No persons that are such as are descrived in that article are allowed to be employed or we hope shall be employed Or if any such be employed we think it our duety to testifie against them yet doe we not think that were a sufficient ground or warrant for any godly and honest subject to withdraw their concurrence from defending their countrey in a just cause when called thereunto by lawfull authoritie But if any who have been sometyme such and having been censured as hath been judged convenient by the supreme judicatories or have been pardoned doe now renounce and engage themselves against such courses by all the most solemn tyes that can be imposed upon men or not found notourly prophane or flagitious and are acknowledged members of State and Kirk be employed according to clear bound duety for the just and necessary defence of the kingdom that article to our capacitie speaketh nothing against this To the second Alledging the way that is taken to be against former publick resolutions declarations our solemn engagement c. we shall not need to insist in following severally every branch thereof because all of them may be cleared by some common considerations 1. Our first declarations and publick resolutions and engagements concerning this matter were conceived in relation to acting in a way of prosecution of the cause and no wayes intended to the prejudice of just and necessarie defence of the kingdom against forraign invasions for which we are allowed and bound by the law of nature which no humane lawes or resolutions can infringe or prejudge to make use of all subjects in the kingdom if the making use of them be not sinfull in it selfe and may be without prejudice of the cause And here we desire it may be remembred that in the beginning of these troubles anno 1638 when as there were then standing lawes in this kingdom which are not yet repealed to this day discharging all subjects from rysing in armes without the kings expresse warrant and command Yet the subjects of this kingdom perceiving themselves in danger to be destroyed by forraign invasion did fynd these lawes no wayes to bynd up their hands from taking armes for their just defence and selfe preservation these lawes in the intention of the law-giver being made for the preservation of the kingdom and not for the destruction of it And accordingly when the pacification was made at BERWICK they refused to take a Pardon for what they had done in taking armes not only without but against the kings command alledging and that truelie that they had not broken the law in regard they had but obeyed the law of nature in a case of necessitie in prejudice of which these lawes could not be conceived to be made And we conceive the verie same is applicable to our former resolutions declarations c. in relation to our present case 2. What is sayd in latter declarations concerning this matter in relation even to defence agaynst our invaders as it streatcheth further then the declared intention of former resolutions so it was in a â—yme when the whole kingdom was inteâ—re and there might be a choise made of instruments to act and we confesse in such a case choise should be made of the best instruments but now the case is altered And as to the answer given by the Commission at STERLINE to the Quaeree propounded by the Kings Majestie about the end of September the lyke may be sayd there being then considerable forces gathered in the WEST by whom much was expected by honest people and the remnants of the armie which were as STERLINE and on this syde together with such recruits as were then a levying being joyned together might have been a considerable power to have opposed the enemie without any urgent necessitie to employ others Yet 3. neither at this tyme is it resolved that anie be employed that are either knownly prophane or continuing in enmitie and opposition to 〈…〉 and cause of God To the third Taken from the eminent danger which is alledged will inevitable follow the way resolved upon because these men getting power into their hands cannot but employ the same according to their own principles and for establishing their own ends destructive to the Work of GOD We answer 1. Suppose there be some danger of this kynd yet it is not certayn and inevitable And we desyre it may be considered that on the other hand if necessarie help in it self not sinfull be not employed there is certayn ruine both to kingdom and cause without an extraordinarie divine work which we have no warrant to look for neglecting ordinarie means Let these two be weighed in the ballance one agaynst another and let warrantable Christian prudence judge which of them were to be chosen 2. We cannot see the danger unto the Cause of GOD so apparent and great by this way of defence of the kingdom Considering 1. That manie of these now to be employed therein who have been debarred were formerlie known active favourers and promoters of the cause and haue solemnlie declared their acknowledgement of the sinfulnesse of their fall from their steadfastnesse and their sorrow for the same and have bound themselves to a more firm and faithfull adhering to the cause and Covenant by all the bands that can be imposed upon men 2. That none are to be employed who are known to be still of a contrarie Mynd and affection 3. That none of whom there may be the least suspicion this way are to get such power or trust put in their hand
for defending the kingdome as may be prejudiciall to the cause 4. For preventing anie danger of this kynd we resolve to have a particular oath to be tendered unto and taken by all who are to be on the service as full and bynding as possiblie men can conceive to guard the cause of GOD and work of reformation from all harm or prejudice 5. The opposition that manie of these who have been formerlie excluded and now are to be admitted did make to the cause of GOD did aryse upon their sinfull preference of the kings interest to the cause which were then separated and standing in opposition one to another But now the interest of the king and the cause being joyned in one and the king now having bound himself by Covenant and oaths solemnlie renewed at his Coronation to maintain the Covenant and cause there cannot be so evident danger apprehended that way To the fourth Taken from scandall and offence of the godlie It is answered 1. The meanes resolved on being not sinfull in it self and being necessarie in the present case and condition of the Land the offence and scandall cannot be GIVEN but TAKEN And therefore 2. If anie godlie shall with-draw themselves from contributing their necessarie concurrence for the defence of the kingdom they cannot but highlie sinne agaynst GOD in deserting their necessarie duetie and we doe wish and hope that there be no active instruments to cause honest and godlie people in the Land to stumble and offend more then either they of themselves are inclyned to doe or they can have occasion by the publick resolution 3. Suppose the Magistrate should employ some persons whom he ought not yet we doe not see how that anie godlie ought or could without sinne lye aback from concurring in the just defence of their countrey in the necessitie thereof and being called by lawfull authoritie To the fifth Wherein it is sayd That it seemeth to make voyd the strength of severall answers given to the adversarie alledging our accession to the unlawfull engagement and to promoting a malignant partie and interest and to contribute to the justifying of their quarrell and to heighten them in their hopes and resolutions agaynst this Land It is answered 1. It can no wayes favour anie alledgeance of the adversarie of our accession to the unlawfull engagement or promoting of anie malignant partie or interest seing none are to bee admitted who have been accessorie to the engagement but such as have solemnlie and publicklie renounced the same and all courses tending thereto and make declaration of their acknowledgement of the sinfulnesse and unlawfulnesse thereof doe engage themselves never to come anie way in opposition to the Covenant and cause of GOD. 2. Wee see not how it can any way justifie their quarrell we wish that none amōgst our selves had given or doe give them injustlie pretences of justifying their quarrell 3. We must not stand to make use of lawfull and necessarie meanes for our just Defence upon their conceiving groundles bigge hopes and injust resolutions agaynst us To the sixth What is alledged therein is as easilie denyed as it is affirmed And here we cannot but observe that which is generallie throughout this whole letter that all who have been hitherto debarred from acting what ever they have been before and what ever be their testimonies now of repentance for anie sinfull course they have been upon for a tyme for which they have given satisfaction to the KIRK are yet counted Malignants which we cannot but think a verie hard and uncharitable judgement and the rather remembring that in the Commission at STERLINE after the Defeat it was otherwyse publicklie acknowledged To the seventh 1. We acknowledge that we have cause to be affrayed of the LORDS indignation and controversie agaynst the Land both for the sinnes of such as are now to be employed as also for the sinnes of others as well as of them but we see no cause to bee affrayed of GODS indignation simplie upon this account that necessarie meanes allowed by the Law of GOD and the law of nature be made use of for our just and necessarie defence And as for that enemie he is not onlie the Rod of GODS anger and the Staffe in His Hand the LORDS indignation agaynst Malignants but also agaynst the whole Land even the godlie themselves as is at this day visible in all the three kingdomes because of our manyfold sinnes hypocrisies and disobedience to the Gospell of CHRIST So if this alledgeance have anie force to the poynt for which it is brought it should follow that all and everie one of us should lye down and doe nothing agaynst the enemy at all Certainly although Ashur was the Rod of GODS anger agaynst the hypocriticall nation of the IEWES yet that was no argumēt why that people might not stand in their defence agaynst that enemie Whereas it is sayd That the necessitie pleaded for the present resolution doeth not cleare them in these thinges because they remember in the year 1646. albeit the necessitie was pleaded by the COMMITTEE of ESTATES for the capitulation with IAMES GRAHAME and his adherents yet that did not hinder the COMMISSION to beare testimonie against the pardoning of them which was much lesse then employing them It is answered 1. That the necessitie being cleare as it hath been cleared in the present case Pleadeth most stronglie for and may cleare anie concerning the making use of meanes in themselves lawfull for just defence 2. That necessitie pleaded by the COMMITTEE of ESTATES was meerelie pretended they having then sufficiencie of power to have suppressed and taken order with that enemie What is alledged from the passages and papers alreadie cited as speaking agaynst the employing of them in our Armie in the defence of the Kingdome hath been alreadie sufficientlie answered That which followeth spoken agaynst unbeliefe in case of the scarcenesse of meanes c. Wee acknowledge the Divine Trueth of that that it is all one with GOD to save with manie or with few and that it is great sinne to be misbelieving when GOD in His Providence redacteth us to scarcetie of secundarie meanes but that it is no ground for us to neglect the use of lawfull necessarie and competent meanes when GOD doeth afford them such as He hath yet Blessed be His Name left unto us in this Land But none of understanding whom wee meet with doe see how these can be had without such a calling forth of the people in these parts of the Land that are yet free from the oppression of the enemie as is held forth in the publick resolution which being made use of as they may be made use of without such snares dangers to the cause of GOD and any given scandall and just griefe to the godlie as is pretended what ever be the event thereupon give us leave to say will be more peace and comfort to us then if anie further calamitie should come upon the Land lawfull and necessarie meanes affoorded by providence not having been made use of What followeth here-after hath been answered before untill it come to these wordes But wee cannot conceave how the Kingdome and Cause can bee well separated c. Wherein give us leave to say without offence great injurie is done the COMMISSION of the KIRK in that resolution whileas it is alledged that therein we doe separate the kingdome from the Cause as we were going contrarie to the mynd and course of this KIRK and Kingdome these twelve yeares past which never separated them and were homologating with such as being adversaries and undermyners of the Cause have endevoured to put Religion out of the quarrell Doeth our mentioning onlie the kingdome in that resolution import a separation of the kingdome and the Cause in the quarrell agaynst our enemie Or what Logick can draw out such a consequence out of it Wee doe think that the kingdome being in danger by this enemie the Cause also is in danger and the defending of the kingdome will be the defending of the Cause also And wee trust no instruments shall bee employed for the defence of the kingdome to the prejudice of the Cause So that wee see not that much advantage is by that resolution given to the enemie and wee wonder how it can bee sayd to bee inductive to others to comply with them to the prejudice of the kingdome as being of lesse value and importance then the Cause except these others be such as have cast off naturall affection to their native kingdome or judge these who are present enemies to the kingdome not to bee enemies to the Cause A. Ker. PERTH MARCH 13. 1651. THe Letter of the Ministers of the Presbyterie of Stirling is not here printed as was intended The same being already printed at Edinburgh vnder the false and odious title of A Remonstrance of the Presbytery of Stirling against the present conjunction with the Malignant partie and spread throughout the Kingdom by what meanes and warrand it 's not known A. Ker.