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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
nature_n	humane_a	law_n	positive_a	2,470	5	10.9031	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A28174	An useful case of conscience learnedly and accuratly discussed and resolved concerning associations and confederacies with idolaters, infidels, hereticks, malignants, or any other knoun enemies of truth and godlinesse : useful for these times and therefore published for the benefit of all those who desire to know or retain the sworn to principles of the sometimes famous Church of Christ in Scotland / by Hugh Binning.	Binning, Hugh, 1627-1653.	1693 (1693)	Wing B2934; ESTC R24656	57,320	52

Armies till he should prove what was in him That which is said ver 12. doth not prove they were in the Camp it might be conveniently spoken of absent persons 4. It is not certain that these men were wicked and scandalous in their Conversation haters of Godlinesse and of their brethren but that they stood at distance only with Saul in the point of his Election which indeed was blame-worthy seing God had revealed his mind in it and therefore they are called men of Belial as Peter was called Satan for opposing Christs suffering Some other Scriptures are alleaged by some as Davids employing of such men c. all which are cleared in Mr. Gillespies treatise of Miscellanie Questions Quest 14. 3. It is argued from reason And. 1. That which any is oblidged to do for anothers preservation by the Law of God and Nature And which he cannot ommit without the Guilt of the others destruction that may the other Lawfully require of him to do when hee needs it and when it may be done without the undoing of a greater good But so it is that every subject is oblidged by the Law of Nature Oath and Covenants and the Law of God to endeavour to their Power the preservation of the Kingdom against unjust violence And the safety of the Kingdome stands in need of many subjects Assistance who were secluded And it may be done without undoing a greater good than is the preservation of Religion Ergo. This Argument hath an answer to it in the bosom of it 1. We shortly deny the Assumption in Relation to the two last branches both that the Kingdoms preservation stands in necessity of these mens help And that their help tends not to the undoing of a greater good seing there is no reason given to confirm these two points wherein the nerve of the business lyes we referr to a Reason of our denyal of them given page 22. Secondly It is true that the obligation to such a duty lyes upon all But that obligation is to be brought in act and exercise in an orderly and Qualifyed way else what needed any exceptions be in the Act of Levie Excommunicated persons are under the same obligation Yet the Magistrate is not actually oblidged to call such but rather to seclude them Are not all bound to come to the Sacrament who are Church members Yet many are not in a Capacity to come and so ought neither to presume to come nor be admitted are not all subjects oblidged to defend the Cause of God and to prosecute it and yet many because of their Enmity to the Cause of God are actually incapable of employment in the defence or prosecution thereof 3. The Law of Nature is above all humane Laws and Constitutions they must Cede when ever they come in opposition to it Salus populi is suprema Lex in relation to these But in Relation to the Law of God it is not so sometimes the Law of Nature must yeeld to Positive Commands of God Abraham must Sacrifice his son at Gods Command The Law of Nature obliges us to the preservation of our selves But it does not oblidge to every mean that may be found expedient to that end unless it be supposed Lawfull and approven of God Therefore the Lord in his written word doth determine what means we may use for that end and what not But 4. we conceive that the Law forbidding Association and Confederacy with known wicked and Ungodly persons is included in the Law of Nature as well as the Law that obliges us to self-preservation that is grounded on perpetuall reason as well as this Nature bids me preserve my self and Nature binds me to have one friend and foe with God The Heathens had a Notion of it they observed that Amphiaraus a wise vertuous man was therefore swallowed up in the Earth with seven men and seven Horses because he had joyned himself and associated with Tydeus Capaneus and other wicked Commanders marching to the seige of Thebe Mr. Gill Miscell Qyest Chap. 14. pag. 171. 2. The Second Reason is framed thus in Hypothes● Such as are excluded are a great part if not the greater part of the Remnant of the Land if rules of exclusion be extended impartially Now they having their Lives and Liberties allowed them must either in these things be ensured by the interposing of a competent Power for their Defence or else they must have Liberty to act for themselves But so it is that we cannot interpose a Competent power for their protection Ergo they must have liberty to act for themselves Nam qui dat vitam dat necessaria ad vitam We answer 1. It is not certain that such as are excluded are the greater part of the Land However it is certain that though the Rule had been kept and endeavours had been used to walk according to it yet many whom it excludes would have been taken in There is a great Difference between endeavour of Duty and attaining its perfection If the Rule had not been quite destroyed so great offence could not have been taken though it had not been strictly urged in all particulars 2. We still affirm upon evident grounds to us that there is a power Competent in the Land beside the Malignant party which may protect the Land and ensure their lives and Liberties 3. We are perswaded many of that party who have been so deeply involved in blood-guiltinesse and barbarous cruelties should neither have lives nor liberties secured to them because they ought not to be permitted to live But the not taking away so much Innocent blood from the Land by acts of Justice is the Cause that so much Innocent and pretious blood is now shed Our Rulers have pardoned that blood which God would not pardon And therefore would not pardon it to the Land because they pardoned it to the Murderers Sect. 4. That it is not Lawfull for the well affected Subjects to concurr in such an Engadgment in war and Associate with the Malignant Party SOme convinced of the unlawfulness of the publick Resolutions and proceedings in reference to the employing of the Malignant Party Yet do not find such clearness and satisfaction in their oun Consciences as to forbid the Subjects to concurr in this War and Associate with the Army so Constituted Therefore it is needfull to speak something to this point That it is unlawfull for the Subjects to Associate and joyn in arms with that Party as it is for the Parliament to employ them For these Reasons 1. The Scriptures before Cited against Associations and Confederacies with wicked and ungodly men do prove this The Command prohibiting Conjunction with them and Conversing c. is common both to Magistrates and people for the ground of it is common to both The peoples ensnaring Helping of the ungodly c. It were strange Doctrine to say that it is not Lawfull for the Parliament to Associate in War with the Malignants lest the people be ensnared And

are not right now The second Proposition may be made manifest from 1. The present Resolutions are contrare to the Solemne League and Covenant in the fourth Article and the sixth To the fourth Because we put power in the hands of a Malignant Party power of the sword which is inconsistent in the oun nature of it with either actuall punishing of them or endeavoring to bring them to punishment Unless it be intended to bring them all forth and expose them to the slaughter for a Sacrifice for the Land which may be the Lords mind indeed howbeit they know not his thoughts And to the sixth Article Because its a declyning to the contrary Party even that party against whom the Covenant was at the making expresly contrived And as the Declaration of the Generall Assembly 1648. hath it It s a joyning with one enemy to beat another with a black Devil to beat a white It is most Ingenuously answered that the present Resolutions are not contrare to the Covenant Because such as are descrived in the Covenant are not allowed to be employed meaning that these men are not now Malignants What needs men make such a Compasse to Justifie the Publick Resolutions seing there is so easy and ready a way straight at hand This one answer might take off all the Arguments made against them that there is no Malignant party now which is the foundation that being removed all the building must fall to the ground But we have in the First article evinced that which had been scandalous to have proved if it had not been Questioned If it were indeed true that no Malignants are allowed to be employed what needed the Commission in their Letter to Sterling Presbytery take so much pains from Scripture and Reason to justify the present Resolutions when the clearing of that one point had cleared all As for the Declaration of the Assembly Anno 1648. It is answered that none are to be employed that continue natourly in the Courses of Malignancy which was done that year Wheras the Malignant Party that was then Associated with would have engadged to be faithfull to all the ends of the Covenant many of them were such as had been in Covenant and made shew of their repentance for their defection from it and so there is no difference in this particular 2. The solemne Acknowledgment of Publick sins is so clear and peremptory in this that it makes us tremble to think on it Pag. 6 Should we again break his Commandments and Covenant by joyning any more in Affinity with the people of these Abominations and take in our bosome these serpents which have formerly stung us almost to death this as it would argue much folly and madness So no doubt it would provoke the Lord to consume us till there be no remnant of escaping Let the 6th Article also be considered Joyn to this the Declaration of the Commission upon report of this enemies invading Pag. 6. where it is Declared that Malignants shall not be Associated with nay not countenanced and permitted to be in our Armies The Generall Assembly after this upon the enemies entry into Scotland gives serious warning to the Rulers to take heed of snares from that Partie and that the rather because men ordinarly are so taken with the sense of Danger as not to Look back to that which is behind them c. How often have we sentenced our selves unto Wrath and Consumption if we shall fall into this sin again All these and the like are endeavoured to be taken off by saying that our Engadgments in this point was conceived in a way of Prosecution of the Cause But to be no impediment of just and necessary defence which we are bound to by Natures Law which no humane Law can Infringe But we reply 1. It is strange our prosecution of the Cause these years past should be Contradistinguished from the defence of it and the Kingdome It was conceived that our War in England was Defensive not Invasive that it was necessitated for the defence even of our Kingdom but it seems it is now questioned But passing what was acted abroad Certainly all our Wars at home were meerly Defensive both against unjust Invasion and seditious Insurrections Now our solemne Engadgments were conceived in relation to our actings at Home especially and modelling our Armies for the defence of our Liberties and Religion We knew well enough that a just invasive war is a rare accident in the world and that the flock of Jesus Christ are for the most part obnoxious to the violence of others as sheep among wolves but are not often called to prey upon others 2. To call our Solemne Engadgments and Declarations grounded upon our oaths and upon the Word of God Humane Laws and Constitutions that must cede to Natures Law it is indeed ingenuous dealing because to Justifie the present proceedings there can be no more expedite way than to condemne by past Resolutions for the peremptoriness of them and to make them grounded on Politick Considerations which are alterable But it imports a great change of Principles We conceive that all Humane Laws that are not for the Matter grounded on the Word of God that oblidge not Conscience but in the Case of Scandal and in regard of the generall end are alterable and changeable whenever they come in opposition to the Law of Nature Self-defence Law of God written in the Word And therefore that Act of Parliament mentioned by the Commission Discharging all subjects to rise without the Kings Command which was made use of against our first taking Arms was no wayes binding on the subjects not to rise in the Defence of their Religion and Liberties when in hazard And we wonder that that Law should be compared to our Solemne Engadgments which are grounded upon oaths and Gods Word as touching the very matter and substance of them as if our Engadgments did no more bind us now in case of defence than that Law did bind us then Royalists might be excused for preferring the Kings will to Gods but we cannot be pardoned for equalizing them And especially while we consider that that forementioned Act undoubdely hath been intended for the establishing of ane Arbitrary and Absolute Power in the Kings hand that the Subjects may not have Liberty to save themselves except the King will Where God hath given us Liberty by the Law of Nature or his Word No King can justly ty us and when God binds us and oblidges us by any of these No King or Parliament can loose us or unty us 3. The Declaration of the Commission and Assembly upon this invasion Renues the same bond of our former Engadgments Yea and speaks expresly in the Case of fewness and scarceness of Instruments against the Unbelief of people that are ready in danger to choose any help Therefore that which is said in answer that at that time there was a Choise of Instruments which now is not it may indeed