HEAD VI.
The Sufferings of some, upon the account of extraordinary executing of Judgment upon notorious Incendiaries, and murdering public Enemies by private Persons in the circumstances wherein they were stated vindicated.
Surely (saith Solomon) oppression maketh a wise man mad, as on the other hand, a gift destroyeth the heart. Which, whensoever there is a concurrence and verification of both together, makes it very incident, and noways to be admired, that either some actions of the oppressed be censurable; or, that there be found many to censure them, either out of ignorance or prejudice, at a far off glance, which a nearer or narrower inspection of circumstances, through a prospect of charity, would not so readily condemn. When the oppression of tyrants comes to such a height and pinch of extremity, that it not only threatens a community with desolation, but induces a necessity of unavoidable dissolution, and reduces a people to such a paroxism of desperation and consternation (in respect of human deliberation bringing them to their wits end) that either they must succumb as slaves, and mancipate consciences, persons, liberties, properties, and all they are or have, to the lust of raging tyrants, and their revenging emissaries,; or surrender themselves, and their posterity, and, which is dearer, the interest of religion, to be destroyed: then it is no wonder, that they be sometimes necessitated in such an extremity, to apply extreme remedies to extremity of evils, and forced to fall upon such expedients to prevent their utter extermination, as at other times common order, and ordinary justice would make extravagant. Yea it is no marvel, though they fall into several real extravagancies, which are not to be justified nor extenuated; but rather it is to be acknowledged, as a miracle of the Lord's mercy, that in such a case they are restrained from more scandalous excesses of that nature. Yet even then, such as live at ease, free of oppression who are blinded with prejudice at the oppressed, and bribed with the indulgence and lenity of the oppressors towards themselves, will look upon these actions as transports of madness, and effects of extravagant zeal, while they weigh them only in the scales of ordinary justice, and do not ponderate them in the ballance of necessitated virtue; nor perpend the circumstances which made those extraordinary acts of judgment, which materially are lawful at all times to be executed by some, to be then necessary acts of justice to be inflicted by them in such a case. But if either the oppressors themselves, or such who are blinded and bribed with their gifts, and killed with their kindness, not only into an omission of concurring, but into a condemning of such extraordinary attempts of taking off those destroyers; or, if onlookers at a distance, would seriously consider, and ingeniously declare their opinion, in a particular application of the case to themselves, what they would do in such circumstances: I doubt not, but as charity should oblige them to be sparing of their censure, in a case whereof they have no experience; so justice, in resolving this point for themselves, would constrain them to justify such extraordinary necessitated practices for self-preservation, in preventing punishing, by destroying their destroyers, and move them rather to admire their patience, who have suffered so much and so long those beasts of prey to devour them, than to censure their precipitancies, in being constrained to endeavour to deliver themselves at last from, and put an end to their cruelty who did most annoy them. 'Yea, (as Naphtali says very well) it were impossible that rational men, after the feeling of so sore grievances, and the teaching of so many and sad experiences, should still couch under the burden, and submit themselves to the yoke of such vile apostate upstarts and bloody villains, and not rather acquit themselves like men, by pulling off these vizards, under which they mask their villanies and clack their violence; and plucking them out of that sanctuary of loyalty, and refuge of authority, which they do not more pretend than profane by all their horrid rebellions against God, and cruel murders executed upon the Lord's people, to the effect that in the righteous and deserved punishment of these wicked men, both the sin of the land might be sisted, and the fierce anger of the Lord averted,' Naph. first edit. pag. 134. Nevertheless such lawful, and, (as one would think) laudable attempts, for cutting off such monsters of nature, beasts of prey, burdens to the earth, as well as enemies to the commonwealth, are not only condemned as murders and horrid assassinations, but criminally and capitally punished as such. And upon this account, the sufferings of such, as have left a conviction upon the consciences of all that knew them, of their honesty, integrity, soundness in the principles, and seriousness of the practice of religion, have been several singular, and signally severe, and owned of the Lord, to the admiration of all spectators; some being cruelly tortured and executed to the death, for essaying such execution of judgment, as Mr. Mitchel; others for accumplishing it, as Mr. Hackston of Rathillet, and others, who avowed their accession to the cutting off that arch traitor Sharp, prelate of St. Andrews; and others, for not condemning that and the like acts of justice, though they were as innocent of the facts as the child unborn.
The foregoing historical representation of the matters of fact, doth clear the circumstances of the actions: which if ever any of that nature performed by private men without public authority, could be justified, will at least demur the condemning of them. For, the men, or rather monsters, thus removed, had not only been perjured apostates from, and conjured enemies against God, in a conspiracy with the devil, to destroy the reformation, and the remnant that professed it, affronted blasphemers, perfidious betrayers of the country, and enemies to the commonwealth, malignant incendiaries, and habitual murderers of many of the Lord's people, who, for many notorious crimes, had forfeited their lives to justice; but were insolently prosecuting their murdering designs, informing the council, and instigating them against innocent people to destroy them utterly, procuring from them bloody orders to spare none, but cut off all who might fall into their hands, and vigorously and vigilantly with all violence pursuing their murdering mandates, both in their own persons, and by villains, whom they hounded out as intelligencers to get, and to give notice where any of those people might be detected, whom they avowed, and avowed a design to destroy, when in the heat and height of their rage they were cut off. The actors were noways subject to them, nor any other way related, than declared and independent enemies are to one another, having renounced all relation to them and their masters, as magistrates and their superiors; and were in no terms of peace with them, but maintaining an hostile opposition and carrying, without cessation, arms to resist them; and when they got that advantage over them, that these enemies were seeking against them, they declared solemnly to them, and died, declaring it to the world, that they were not moved out of private revenge for personal injuries they had done against themselves; but being touched with the zeal of God, love to their country, respect to justice trampled upon by tyrants, and for saving themselves, rescuing their brethren, and preventing their murdering them, because there were none that would or could execute justice upon them legally: therefore they were forced to put forth their hands against them as enemies, with whose preservation their own could not consist. Their circumstances were such, that they were redacted to the greatest of extremities, precluding all other human possibility of preserving themselves and their brethren from the destruction intended, and declaredly resolved, and restlessly sought and prosecuted, by these murderers, being persecuted to the death by them, daily chased, hunted, way-laid, turned out of their own habitations, intercommuned, discharged and denied all harbour in any house, under the hazard of the same pains that themselves were liable to, which was death by the present law and so forced to hide in caves and dens; out of which they durst not come forth, if it were but to seek bread for themselves, without iminent danger of their lives; the country raising the hue and cry after them, whensover they were seen, whereby many were killed as soon as they were apprehended: hence they could neither escape in the land, nor by flight out of the land, passages by sea and land being stopt, and none suffered to go any where, without strict examination what they were, which was impossible for them to elude: and many other specialties of misery and danger were ingredients in their circumstances, that no words can represent to them that are altogether strangers to them. Wherefore, in such a strait and pinch of perplexity, when they could not other wise escape the fury of these firebrands, nor demur and deter the rest of them from an uncontrouled pursuit after the lives of innocents, nor otherwise avert the wrath of God against the land for the impunity of such vermine; and seeing there was no access to address themselves to magistrates, who by office are obliged to bring such villains to condign punishment; and none were found in public authority, but such as patronized and authorized them; whom in conscience they could not acknowledge, and in prudence durst not make application to them for fear of their lives; what could they do? what was left them to deliberate, but to fall upon this extraordinary course, wherein if they have stumbled into some extravagancies, as to the manner, who can think it strange, considering the case? But as that is not the debate; so as for such acts of vengeance as are peccant in the matter, and were not circumstantiate, as above rehearsed, being disowned in their public declarations, and the actors excluded from their communion, for whom I plead; it were iniquous to impute the scandal of them to that suffering people. It is only the so circumstantiate, necessitated, extraordinary execution of judgment, upon notoriously gross and grassant incendiaries, tyrants, and terrible murdering enemies, where there is no living for them, that I vindicate. And though the handling of this tender and quick-scented subject may seem odious to some, and my discourse upon it is pregnant with an oblique design to obviate such unmerited surmises, I must say, it is only the wiping off of such reproaches as reflect on religion; the vindication of preterite extraordinary practices of this nature; the investigation of present duty with respect to future emergencies; and the restraining all extravagancies incident on this Head, that I intend. However this may be exploded by this generation, as odious and uncouth doctrine; yet, in former periods of this church, it hath been maintained with courage, and asserted with confidence. How the ancient Scots, even after they received the Christian faith, served their tyrants and oppressors, how in the beginning of the reformation, the killing of the cardinal, and of David Rizio, were and are generally to this day justified, and what was the judgment and pleading of our reformers for practicing this principle against idolaters, &c. needs not be here repeated? Mr. Knox's judgment in particular is before declared, and will be further discovered, if we consider how he resented his slackness, in putting people to execute judgment in these words, insert in second part of the cloud of witnesses, p. 60. 'For God (said he) had not only given me knowledge, and a tongue to make known the impiety of the idol, but had given me credit with many, who would have put in execution God's judgments, if I would only have consented thereto: but so careful was I of the common tranquility, and loath was I to offend some, that in secret conference with zealous men, I travelled rather to slacken that fervency God had kindled in them, than to animate and encourage them to put their hands to God's work; wherein I acknowledge myself to have done most wickedly, and from the bottom of my heart I do ask God pardon, that I did not what in me lay to have suppressed that idol from the beginning.' But the preceeding historical representation doth abundantly demonstrate this is no novelty, to assert, that when the ruin of the country, suppression of religion, destruction of the remnant professing and suffering for it, and the wrath of God is threatened in, and for the impunity of idolaters and murderers, that by the law of God and man should die the death; and supposing always such as are in public office not only decline their duty, but encourage those destroyers, yea authorize them themselves, we may not only maintain defensive resistance according to our capacity, but endeavour also vindictive and, punitive force in executing judgment upon them in cases of necessity, as before circumstantiate. And I am the more confident to assert it, that what I say cannot be condemned, till first what our reformers have proven be confuted. However, to endeavour to make it somewhat clear, I shall premit some assertions, to clear the state of the question; and then give some reasons for it, when clearly stated.
First. It will be needful for clearing our way, to shew what length we may warrantably go in this matter of executing judgment, in our private capacity, in extraordinary cases of necessity, by setting down some propositions negative and positive, signifying what we disown, and what we own in this point.
I. What we disown, may appear in these assertions,
1. No necessity nor circumstance supposible whatsoever, can justify the murder of the righteous or innocent, or vindicate the unlawful taking away of their lives directly, or indirectly, immediately, or mediately, which in thought as well as deed we must abhor, as a horrid breach of the sixth command. The guilt whereof may be incurred several ways; as by killing them immediately, as Cain did his brother Abel; or commanded them to be killed, as Saul commanded Doeg to kill the Lord's priests; or contriving their murder, as David did Uriah's, and Jezabel Naboth's; or counselling thereunto, as the people advised the princes to the murder of Jeremiah, and all that cried crucify Jesus were murderers of Christ; or by procuring it, as Haman was guilty of the intended murder of the Jews; or concurring therein, as Joab was guilty of Uriah's death as well as David, and Judas of Christ's by betraying him; or by the patrociny thereof, defending and sparing the murderers when called, by office, to punish them, as David was guilty in not punishing Joab, Ahab in patronizing the murder of Naboth; or by consenting thereunto, as Saul consented to the death of Stephen; or by knowing and permitting, and conniving at it, as is condemned, Prov. xxiv. 11, 12. Whether this be done under colour of law, as Pilate murdered our Lord, Herod killed James; or without all colour, by absolute power, Herod the Ascalonite murdered the infants; or whether it be done by purpose, as Joab murdered Abner and Amasa; or without previous purpose yet with knowledge of the action in the perpetrating of it, as men may do in passion, when provoked beside their purpose, or in a tumult, without intending it beforehand; yet that is murder; Barrabas committed murder in the insurrection. For, as for casual killing, contrary to intention, without knowledge, that's no breach of the command. And, whatever may be said of necessitated delivering up the innocent, pursued by a potent enemy, to deliver the city from his fury; or of preferring our own life to our innocent neighbour, in a case when both cannot be preserved, and by preserving the one lawfully, the other happens to lose his life; I do not meddle with these cases. But since this is taken for granted by casuists, I infer, If it be lawful that an innocent man die in case of necessity, that others may be preserved; then much more is it lawful, that the nocent, who are guilty of murdering the righteous all these ways above specified, and actually prosecuting their murdering designs by these methods, should rather be made to die, than the righteous be destroyed. But of this sort of murder, taking away the life of the righteous, none hath the impudence to accuse that reproached people.
2. though a man kill an innocent unwittingly and willingly, besides his knowledge and against his will; yet he may be guilty of sinful homicide, if he was obliged to know that he was in hazard of it, and neglected to consider, lest a man might be killed by what he was doing: as if a man should shoot at random, when he doth not know but some may be killed thereby: or if one were hewing with an ax, which he either knew or might have known to be loose, and the head not well fastened to the helve, did not advertise those about him of it; if by flying off it happened to kill any person, he were not innocent, but if he knew not without any inadvertency, then he were guiltless, Deut. xix. 5. See Durham on 6. Com. So if a man built a house without battlements, he should bring blood upon his house, if any man fell from thence, Deut. xxii. 8. But of this the question is not.
3. Though a person be not altogether innocent, nor to be reckoned among the righteous; but suppose him wicked and profane, and engaged in an evil course, dishonourable to God, prejudicial to the church and kingdom, and very injurious to us; yet it may be murder to kill him, if he be not guilty of crimes that deserve death by the law of God: for the life of man is not subjected to the arbitrement of any, but his who is the author of life and death; it is necessary to all to obey the law, Thou shalt not kill, without exception, but such killing as is approven by the author of the law, as saith Ames. De Conscientia, cap. 31. quest. 2. Hence, this people so much reproached with extravagant actions, do abundantly clear themselves of that imputation of being of the mind to kill all that differ from them, which was the impudent forgery of the father of lies, in their informatory vindication, Head 3. 'We positively disown (say they) as horrid murder, the killing of any because of a different persuasion or opinion from us, albeit some have invidiously cast this odious calumny upon us.' And it is as clear, they that took the oath of abjuration swore a lie, when they abjured the apologetical declaration, in so far as it is asserted it was lawful to kill all employed in the king's service, when it asserted no such thing, as is shewed above Head 3. To think so much, let be to declare it, far more to practise such a thing against all that served the king, or any merely, because they served him, or because they are in a wicked course, or because they have oppressed us, were abominable: for these things simply do not make men guilty of death, to be punished capitally by men according to the law of God. But when they are stated in such opposition to us, and serve the tyrant's murdering mandates by all those ways above specified; then we may by the law of God and nature and nations, destroy, slay, and cause to perish, and avenge ourselves on them that would assault us, and are seeking our destruction: as it was lawful for the Jews to do with Haman's emissaries, Esth. viii. 11. 13. and ix. 1, 2. 5. This charge then cannot reach the case.
4. Though murderers, and such as are guilty of death by the law of God, must be punished by death; for, "he that sheddeth man's blood," &c. yet it may be murder for a man to kill another, because he thought him so criminal, and because he thought it his duty, being moved by a pretended enthusiastical impulse, in imitation of the extraordinary actions of such as were really moved by the Spirit of God. As when James and John would have commanded fire to come down to consume the Samaritans, the Lord rebuked them, saying, "Ye know not what manner of spirit ye are of, for the Son of man is not come to destroy men's lives, but to save them," Luke ix. 54,—56. Such impulses had need to be well examined, for ordinarily they will be found not consistent with a gospel spirit, which is always averse from acts of cruelty. Blind zeal sometimes may incite men to fearful work: yea the persecutors have often most of that spirit, as our Lord foretels, "The time cometh, that whosoever killeth you shall think that he doth God service," John xvi. 2. Paul, in his pharisaical zeal, breathed out slaughter against the disciples. And Satan can drive men under several colours, to act such things, as he did the Boors in Germany, and John of Leyden and his followers, whose practices are deservedly detested by all that have any spark of Christianity or humanity: for if this were espoused as a principle, there would be no security for men's lives. But hence it cannot be concluded, that God may not animate some to some rare enterprizes, for the cutting off of tyrants and their bloody emissaries, incendiaries, destroyers of innocent people, and putting an end to, and stopping the career of their murders, in a time of real extreme necessity, the matter of the action being unquestionably lawful, their ends and intentions really good and commendable, there being also a deficiency of others to do the work, and themselves in some probable capacity for it. See Jus Popul. cap. 20. pag. 410. Neither can it be denied, but true zeal may sometimes incite people to such exploits for the preservation of religion and liberty, their own lives and brethren, all like to be destroyed by the impunity of beasts of prey. This will be found very consistent with a gospel spirit: and though this principle be asserted, and also put in practice; all persons, notwithstanding thereof would have sufficient security for their lives, except such as have really forfeited their lives by all law of God and man. Those that are led by impulses, may pretend the imitation of extraordinary examples, and abuse them; yet hence it will not follow, that in no case these extraordinary examples may be imitated. Shall the examples of good magistrates, executing justice on idolaters and murderers, be altogether unimitable, because tyrants abuse them; in persecuting the innocent? If this arguing were good, it would make all virtuous actions in the world unimitable; for these may be abused by pretenders. See Jus Popul. ubi supra, pag. 412. But it cannot be charged upon the sufferers upon this head, that they had nothing to give as the reasons of their actions, but pretexts of enthusiasms.