Lex, Rex. › Question 31: QUEST. XXXI. Whether or no self-defence against any unjust violence offered to the life…, Lex, Rex by Samuel Rutherford (1644) | AskReformation

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7. The Law of nature excepteth no violence, whether inflicted by a magistrate, or any other unjust violence from a ruler is twice injustice. 1. He doth unjustly as a man. 2. As a member of the common-wealth. 3. He committeth a speciall kind of sin of injustice, against his office, but it is absurd to say we may lawfully defend our selves from smaller injuries, by the law of nature; and not from the greater. If the Pope (saith Fer. Vasquez. illust. quest. l. 1. c. 24. n. 24, 25.) command to take away benefices from the just owner, these who are to execute his commandement, are not to obey, but to write back that that mandat came not from his holinesse, but from the avarice of his Officers; but if the Pope still continue and presse the same unjust Mandat, the same should be written againe to him: and though there be none above the Pope, yet there is naturall self-defence patent for all. Defensio vitae nece aria est, & à jure naturali profluit: L. ut vim. ff. de just. & jure 16. Nam quod quisque ob tutelam corporis sui fecerit, jure fecisse videatur. C. jus naturale. 1. distinc. l. 1. ff. de vi & vi armata. l. injuriarum. ff. de injuria. C. significasti. 2. de hom. l. scientiam. sect. qui non aliter ff. ad leg. Aquil. C. si vero 1. de sent. excom. & l. sed etsi ff. ad leg. Aquil. etiamsi sequatur homicidium. Vasquez. l. 1. c. 17. n. 5. etiam occidere licet ob ⟨p. 336⟩defensionem rerum. Vim vi repellere omnia jura permittunt in C. signisicasti. Garcias Fortunius Comment. in l. ut vim. ff. de instit. & jur. n. 3. defendere se est juris naturae & gentium. A jure civili fuit additum moderamen inculpatae tutelae. Iac. Novel. defens. n. 101. Occidens Principem vel alium Tyrannidem exercentem, à poena homicidii excusatur. Grotius de jure belli & pacit▪ l. 2. c. 1. n. 3. Si corpus impetatur vi presente, cum periculo vitae non aliter vitabili, tunc bellum est licitum etiam cum interfectione periculum inferentis, ratio, natura quemque sibi commendat. Barcl. advers. Monar. l. 3. c. 8. est jus cuilibet se tenendi adversus immanem sevitiam.

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The King hath been comp•lled to go against his own oath and the Laws which he did swear to maintain: The Pope sendeth to his popish armies both dispensations, bulls, mandates, encouragements: The King hath made a cessation with the bloody Irish, and hath put arms in the hands of Papists. Now he being under the oath of God, tied to maintain the Protestant Religion, he hath a metaphysically subtle, piercing faith of miracles, who believeth armed Papists, and Prelates shall defend Protestants, their Religion, and these who have abjured Prelates as the lawful sons of the Pope, that [Greek or Hebrew], and as the law saith, Quilibet in dubio praesumitur bonus. L. merito praesumi. L. non omnes § à Barbaris de re milit. Charity believeth not ill: So Charity is not a fool to believe all things. So saith the Law, Semel malus, semper praesumitur malus, in eodem genere. C. semel malus de jure gentium in 6. Once wicked is always wicked in that kind. Marius Salamonius I. C. in L. ut vim atque injuriam ff. de just. & jure. We are not to wait on strokes, the terror of armour, omnium consensu, by consent of all is sufficient. n. 3. If I see (saith he) the enemy take an arrow out of the Quiver, before he bend the bow, it is lawful to prevent him with a blow—cunctatio est periculosa. The Kings coming with armed men, to demand the Five Members, into the House of Commons, is very symbolical, and War was printed on that fact, he that runneth may read. His coming to Hull with an Army, saith not he had no errand there, but ask what it was in the clock. See Novellus that learned Venetian Lawyer, in a Treatise for defence, he maketh continuatam rixam, a continued upbraiding a sufficient ground of violent defence. He citeth Doctores Comniter. in L. ut vim. ff. de just. & jure. Yea he saith, Drunkenness, defens. n. 44. Error, n. 46. Madness, n. 49, 50. Ignorance, n. 51, 52. Impudence, n. 54. Necessity, n. 56. Lasciviousness, 58. Continual reproaches, 59. The fervour of anger, 64. Threatening, 66. Fear of imminent danger, 67. Just grief do excuse a man from homicide, and that in these he ought to be more mildly punished, Quia obnubilatum & mancum est consilium, Reason in these being lame and clogged. Ambros. l. 1. offic. Qui non repellit injuriam à socio, cum potest, tam est in vitio, quam ille quifacit.

The King hath been comp•lled to go against his own oath and the Lawes which he did swear to maintaine: The Pope sendeth to his popish armies both dispensations, bulls, mandats, incouragements: The King hath made a cessation with the bloody Irish, and hath put arms in the hands of Papists. Now he being under the oath of God, tied to maintain the Protestant Religion, he hath a metaphysically subtle, pearcing faith of miracles, who beleeveth armed Papists, and Prelates shall defend Protestants, their Religion, and these who have abjured Prelats as the lawful sons of the Pope, that 〈non-Latin alphabet〉, and as the law saith, Quilibet in dubio praesumitur bonus. L. merito praesumi. L. non omnes § à Barbaris de re milit. Charity beleeveth not ill: So Charity is not a foole to beleeve all things. So saith the Law, Semel malus, semper praesumitur malus, in eodem genere. C. semel malus de jure gentium in 6. Once wicked is alwayes wicked in that kind. Marius Salamonius I. C. in L. ut vim atque injuriam ff. de just. & jure. We are not to wait on strokes, the terrour of armour, omnium consensu, by consent of all is sufficient. n. 3. If I see (saith he) the enemy take an arrow out of the Quiver, before he bend the bow, it is lawfull to prevent him with a blow—cunctatio est periculosa. The Kings comming with armed men, to demand the Five Members, into the House of Commons, is very symbolicall, and Warre was printed on that fact, he that runneth may reade. His comming to Hull with an Armie, saith not he had no errand there, but aske what it was in the clock. See Novellus that learned Venetian Lawyer, in a Treatise for defence, he maketh continuatam rixam, a continued upbraiding a sufficient ground of violent defence. He citeth Doctores Comniter. in L. ut vim. ff. de just. & jure. Yea he saith, Drunkennesse, defens. n. 44. Error, n. 46. Madnesse, n. 49, 50. Ignorance, n. 51, 52. Impudence, n. 54. Necessity, n. 56. Lasciviousnesse, 58. Continuall reproaches, 59. The fervour of anger, 64. Threatning, 66. Feare of imminent danger, 67. Iust grief doe excuse a man from homicide, and that in these he ought to be more mildly punished, Quia obnubilatum & mancum est consilium, Reason in these being lame and clogged. Ambros. l. 1. offic. Qui non repellit injuriam à socio, cum potest, tam est in vitio, quam ille quifacit.

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¹Answ. There is no defensive war different in species and nature from an offensive war, if we speak physically, they differ only in the event and intention of the heart, and it is most clear that the affection and intention doth make one and the same action of taking away the life, either homicide, or no homicide: If a man out of hatred deliberately take away his brothers life, he is a murderer catenus, but if that same man had taken away that same brothers life, by th• •lying off o• an Axe he•d of• the staff, while he was hewing timber, he neither hating him before, nor intending to hurt his brother, he is no murderer, by Gods express Law, Deut. 4.42. Deut. 19 4. Joshua 20.5. 2. The cause between the King and the two Parliaments, and between Saul and David, are so different in this, as it is much for us: Royalists say, David might if he had seen offending to conduce for s•lfe-preservation, have invaded Sauls men, and say they, the case was extraordinary, and bindeth not us to self-defence; and thus they must say; for offensive weapons, such as Goliaths sword, and an host of armed men, cannot by any rational men be assumed (and David had the wisdom of God) but to offend, if providence should so dispose; and so what was lawful to David, is lawful to us in self-defence, he might offend lawfully, and so may we.

¹Answ. There is no defensive warre different in spece and nature from an offensive warre, if we speake physically, they differ onely in the event and intention of the heart, and it is most cleare that the affection and intention doth make one and the same action of taking away the life, either homicide, or no homicide: If a man out of hatred deliberat•ly take away his brothers life, he is a murtherer catenus, but if that same man had taken away that same brothers life, by th• •lying off o• an Axe he•d of• the staffe, while he was hewing timber, he neither hating him before, nor intending to hurt his brother, he is no murtherer, by Gods expresse Law, Deut. 4.42. Deut. 19 4. Ioshua 20.5. 2. The cause betweene the King and the two Parliaments, and betweene Saul and David, are so different in this, as it is much for us: Royalists say, David might if he had seene offending to conduce for s•lfe-preservation, have invaded Sauls men, and say they, the case was extraordinary, and bindeth not us to selfe-defence; and thus they must say; for offensive weapons, such as Goliahs sword, and an hoast of armed men, cannot by any rationall men be assumed (and David had the wisdome of God) but to offend, if providence should so dispose; and so what was lawfull to David, is lawfull to us in self-defence, he might offend lawfully, and so may we.

1Offensive and defensive wars differ in the event and intentions of men, but not physically.Off•nsive and defe•sive wars differ in the event and intentions of men, but not physically.

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3. Saul intended no arbitrary government, nor to make Israel a conquered people, nor yet to cut off all that professed the true worship of God; nor came Saul against these Princes, Elders and people who made him King, only Davids head would have made Saul lay down Arms; but Prelates, and Papists, and Malignants under the King, intend to make the Kings sole will a Law, to destroy the Court of Parliament, which putteth Laws in execution against their Idolatry; and their aim is that Protestants be a conquered people, and their attempt hath been hitherto to blow up King and Parliament, to cut off all Protestants, and they are in Arms in divers parts of the Kingdom, against the Princes of the Land, who are no less Judges and deputies of the Lord, then the King himself; and would kill, and do kill, plunder and spoil us, if we kill not them. And the case is every way now between Armies and Armies, as between a single man unjustly invaded for his life, and an unjust invader: neither in a natural action, such as is self-defence, is that of policy to be urged; none can be Judge in his own cause, when oppression is manifest;¹ one may be both agent and patient, as the fire and water conflicting; there is no need of a judge, a community casts not off nature; when the judge is wanting, nature is judge, actor, accused and all.

3. Saul intended no arbitrary government, nor to make Israel a conquered people, nor yet to cut off all that professed the true worship of God; nor came Saul against these Princes, Elders and people who made him King, only Davids head would have made Saul lay downe Arms; but Prelates, and Papists, and Malignants under the King, int•nd to make the Kings sole will a Law, to destroy the Court of Parliament, which putteth Lawes in execution against their Idolatry; and their ayme is that Protestants be a conquered people, and their attempt hath been hitherto to blow up King and Parliament, to cut off all Protestants, and they are in Armes in divers parts of the Kingdome, against the Princes of the Land, who are no lesse Judges and deputies of the Lord, then the King himselfe; and would kill, and do kill, plunder and spoyle us, if we kill not them. And the case is every way now betweene Armies and Armies, as betweene a single man unjustly invaded for his life, and an unjust invader: neither in a naturall action, such as is self-defence, is that of policy to be urged; none can be Judge in his owne cause, when oppression is manifest;¹ one may be both agent and patient, as the fire and water conflicting; there is no need of a judge, a community casts not off nature; when the judge is wanting, nature is judge, actor, accused and all.

1A whore may not sell her own body for hire. Covar. 10.1. par. 2. §. 1. de •urti & rapi restituti §. 2. n. 1.

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¹David defended himself against King Saul, 1. by taking Goliaths sword with him, 2. by being Captain to six hundred men, yea, it is more then clear, 1 Chron. 12. that there came to David a host like the host of God, v. 22. to help against Saul, exceeding four thousand, v. 36. Now that this host came warrantably to help him against Saul, I prove, 1. because it is said, ver. 1. Now these are they that came to David to Ziglag, while he kept himself close, because of Saul the son of Kish; and they were amongst the mighty men, helpers of the war: and then so many mighty Captains are reckoned out, v. 16. There came of the children of Benjamin and Judah to the hold of David, v. 19. And there fell some of Manasseh to David. 20. As he went to Ziglag there fell to him of Manasseh; Ken•h, and Jozabad, Jediel and Michael, and Jozabad, and Elihu, and Zilthai Captains of the thousands that were of Manasseh. 21. And they helped David against the band (of the rovers.) 22. At that time day by day there came to David, until it was a great host, like the host of God. Now the same expression that is ver. 1. where it is said, they came to help David against Saul, which ver. 1. is repeated, ver. 16. ver. 19, 20, 21, 22, 23. 2. That they warrantably came, is evident; because, 1. the Spirit of God commendeth them for their valour and skill in war, ver. 2. ver. 8. ver. 15. ver. 21. which the Spirit of •od doth not in unlawful wars. 2. Because Amasai, v. 18. The Spirit of the Lord coming on him, saith, Thine are we, David, and on thy side, thou son of Jesse; peace, peace unto thee, and peace to thy helpers, for thy God helpeth thee. The Spirit of God inspireth no man to pray peace, to those who are in an unlawful war. 3. That they came to Davids side only to be sufferers, and to flee with David, and not to pursue and offend, is ridiculous. 1. It is said, ver. 1. They came to David to Ziglag, while he kept himself close, because of Saul the son of Kish. And they were amongst the mighty men, helpers of the war. It is a scorn to say, that their might, and their helping in war, consisted in being mere patients with David, and such as fled from Saul: for they had been on Sauls side before; and to come with armour to flee, is a mocking of the word of God. 2.

¹DAvid defended himselfe against King Saul, 1. by taking Goliahs sword with him, 2. by being Captaine to six hundred men, yea, it is more then cleare, 1 Chron. 12. that there came to David a hoast like the hoast of God, v. 22. to help against Saul, exceeding foure thousand, v. 36. Now that this hoast came warrantably to help him against Saul, I prove, 1. because it is said, ver. 1. Now these are they that came to David to Ziglag, while he kept himselfe close, because of Saul the son of Kish; and they were amongst the mighty men, helpers of the warre: and then so many mighty Captains are rec•o•ed out, v. 16. There came of the children of Benjamin and Iudah to the hold of David, v. 19. And there fell some of Manasseh to David. 20. As he went to Ziglag there fell to him of Manasseh; Ken•h, and Jozabad, Jediel and Michael, and Jozabad, and Elihu, and Zilthai Captaines of the thousands that were of Manasseh. 21. And they helped David against the band (of the rovers.) 22. At that time day by day there came to David, untill it was a great hoast, like the hoast of God. Now the same expression that is ver. 1. where it is said, they came to help David against Saul, which ver. 1. is repeated, ver. 16. ver. 19, 20, 21, 22, 23. 2. That they warrantably came, is evident; because, 1. the Spirit of God commendeth them for their valor and skill in war, ver. 2. ver. 8. ver. 15. ver. 21. which the Spirit of •od doth not in unlawfull wars. 2. Because Amasai, v. 18. The Spirit of the Lord comming on him, saith, Thine are we, David, and on thy side, thou son of Jesse; peace, peace unto thee, and peace to thy helpers, for thy God helpeth thee. The Spirit of God inspireth no man to pray peace, to those who are in an unlawfull warre. 3. That they came to Davids side onely to be sufferers, and to flee with David, and not to pursue and offend, is ridiculous. 1. It is said, ver. 1. They came to David to Ziglag, while he kept himselfe close, because of Saul the son of Kish. And they were amongst the mighty men, helpers of the warre. It is a scorne to say, that their might, and their helping in warre, consisted in being meere patients with David, and such as fled from Saul: for they had beene on Sauls side before; and to come with armour to flee, is a mocking of the word of God. 2.

1The lawfulness of violent resistance of Kings clear from Scripture proofs.The lawfulness of violent resistance of Kings cleare from Scripture proofes.