The Works of the Rev. Hugh Binning

If there be in the land a malignant party of power and policy, and the exceptions contained in the Act of Levy do comprehend but few of that party, then there need be no more difficulty to prove, that the present public resolutions and proceedings do import an association and conjunction with a malignant party, than to gather a conclusion from clear premises. But that such a conjunction is in itself sinful and unlawful, and besides, a violation of our solemn oaths and engagements, a backsliding from our principles and professions, and a walking contrary to the whole tenor and current of our former resolutions and practices, is now to be made manifest.

First: We reason from that constant, standing and perpetual rule, which the Lord gives concerning the modelling and carnage of the armies of his people in all their wars, Deut. xxiii. 9, “When the host goeth forth against their enemies, then keep thee from every wicked thing.” And after, “If there be among you any man that is unclean, by reason of uncleanness that chanceth him by night, then shall he go abroad out of the camp, he shall not come within the camp.” (If for ceremonial uncleanness he was to be excluded, much more for moral, as our divines [pg 487] reason from the Old Testament in the point of excommunication, and if for uncleanness not voluntary, much more for voluntary wickedness). The reason of all is given ver. 14: “For the Lord thy God walketh in the midst of the camp, to deliver thee, and to give up thine enemies before thee. Therefore shall thy camp be holy, that he see no unclean thing in thee, and turn away from thee.” Even as they would expert a blessing of the Lord, so ought they to keep their camp holy, as he is holy. He gives not such a strict rule for the competency of number, as for the qualifications of the persons, as being the principal thing. Therefore the present conjunction with so many ungodly and wicked men, that have formerly declared themselves enemies to God and his people, and to this day give no evidence to the contrary, is sinful and unlawful.

Second, The Lord hath frequently in scripture declared his dislike and hatred of such associations and conjunctions. The scriptures cited in the General Assembly's declaration in the year 1648, against the Engagement,349 are sufficient proof of this. We shall take the argument as it is formed by the commissioners of that assembly, in their answer to the observations of the committee of estates upon the assembly's declaration, p. 7. “Every engagement in war, that is pretended to be for religion, and hath in it a confederacy and association with wicked men, enemies of true religion, is sinful and unlawful. But the present engagement in war, as it is held forth in the public resolutions, is pretended to be for religion, and yet hath in it a confederacy and conjunction with wicked men, and enemies of true religion.” Ergo, The second proposition is evident from the two first sections.

The first proposition is proved from those scriptures forementioned. God forbade conjunctions and confederacies with the enemies of his cause and people, not only the Canaanites, (Exod. xxxiv. 12, 15, Deut. vii. 2.) and other heathens, such was Asa his covenant with Benhadad, (2 Chron. xvi. to ver. 10,) Ahaz his confederacy with the king of Assyria, (2 Kings xvi. 7, 10, 2 Chron. xxviii. 16,) but also with wicked men of the seed of Abraham, as Jehoshaphat's with Ahab, (2 Chron. xviii. 3: “And Ahab king of Israel said unto Jehoshaphat king of Judah, Wilt thou go with me to Ramoth Gilead? And he answered him, I am as thou art, and my people as thy people, and we will be with thee in the war,” compared with chap. xix. 2. “And Jehu the son of Hanam the seer, went out to meet him, and said to king Jehoshaphat, Shouldst thou help the ungodly, and love them that hate the Lord? therefore is wrath upon thee from before the Lord,”) and with Ahaziah, (2 Chron. xx. 35: “And after this did Jehoshaphat king of Judah join himself with Ahaziah king of Israel, who did very wickedly,”) which being reproved for, he would not again join with Ahaziah, 1 Kings xxii. 49: “Then said Ahaziah the son of Ahab unto Jehoshaphat: Let my servants go with thy servants in the ships.” But Jehoshaphat would not. And then Amaziah's association with 100,000 of Israel, 2 Chron. xxv. 7, 8, 9, 10: “But there came a man of God to him, saying, O king, let not the army of Israel go with thee for the Lord is not with Israel to wit, with all the children of Ephraim.

But if thou wilt go, do it, be strong for the battle. God shall make thee fall before the enemy, for God hath power to help and to cast down. And Amaziah said to the man of God, But what shall we do for the hundred talents which I have given to the army of Israel? And the man of God answered, The Lord is able to give thee much more than this. Then Amaziah separated them, to wit, the army that was to come to him out of Ephraim, to go home again wherefore their anger was greatly kindled against Judah, and they returned home in great anger.” The sin and danger of such associations may further appear from Isa. viii. 12, 13: “Say ye not, A confederacy, to all them to whom this people shall say, A confederacy, neither fear ye their fear, nor be afraid. Sanctify the Lord of hosts himself, and let him be your fear, and let him be your dread,” Jer. ii. 18 “And now,—what hast thou to do in the way of Assyria, to drink the waters of the river?” Psal. cvi. 35. “But were mingled [pg 488] among the heathen, and learned their works,” Hosea v. 13. “When Ephraim saw his sickness, and Judah saw his wound, then went Ephraim to the Assyrian, and sent to king Jareb, yet could he not heal you, nor cure you of your wound,” and chap. vii. 8, 11. “Ephraim, he hath mixed himself among the people, Ephraim is a cake not turned, Ephraim also is like a silly dove without heart, they call to Egypt, they go to Assyria,” 2 Cor. vi. 14, 15. “Be ye not unequally yoked together with unbelievers, for what fellowship hath righteousness with unrighteousness? and what communion hath light with darkness?

And what concord hath Christ with Belial? or what part hath he that believeth with an infidel?” And if we should esteem God's enemies our enemies, and hate them with perfect hatred, how can we then join with them as friends? Psal. cxxxix. 21.

The committee of estates at that time endeavoured to elude the strength of these scriptures, and vindicate their engagement from the falling within the compass of them. But the commission of the Assembly that year took the mask off their evasions. Would to God we had no other party to deal with now! It was the evil and complaint of that time, that church and state were divided. But what an evil time are we now fallen into, that the union of those in this point, is the complaint of many of the godly? The commission, in their letter to Stirling presbytery,350 sets up the committee's answer in a new dress, and holds it out for satisfaction to our consciences. All that is answered may be reduced to three or four heads.

1. That the scriptures cited conclude most expressly against conjunctions of that kind in defensive wars. Such was Asa's covenant, such was Ahaz his confederacy. Were not the reproofs of the prophets directed particularly against the people's seeking of help from Egypt and Assyria, in the case of their own just and necessary defence? Jer. ii. 18, Hosea v. 13, and vii. 8, 11, Isa. viii. 12, 13, 2 Chron. xvi. to ver. 10.

2. The law and rule given, Deut. xxiii. is general, regulating all their wars whether defensive or offensive, and it is strange that any should imagine such a difference where the law makes none, nay, when the ground of the law is moral and general, equally respecting all wars. Is there any ground of conscience, why wicked persons may not be kept in the camp when we invade others, and yet these may be employed and intrusted when we defend ourselves? If there be any reason to prefer the one to the other in this point, we conceive defensive war should have the preference, because when the Lord brings upon us an unjust invasion, he is ordinarily pursuing a controversy against us. And therefore we ought to be most tender and circumspect, that there be no unclean [pg 489] thing in the camp, and put away every wicked thing from us, even the appearance of evil, lest we add oil to the flame of his indignation, and he seeing such an unclean thing in us, turn yet further from us, except we say, that we need not take care to have God in the camp with us, when we are upon just and necessary defence, seeing our cause is so good.

3. There is more hazard and danger to our religion and liberties in having a wicked malignant army at home among us, than abroad in another nation. While they are here, they have the power of the sword, and can command all, but there might be some hope and endeavour for vindicating our own liberties and religion while they are abroad, as it fell out in the time of the Engagement.

II. It is answered, that there is a difference between this case and the Engagement, because there was then no necessity of choosing such instruments, a competency of power might be had, but now it is not so, and therefore the scriptures mentioned do not militate against the present case. Answer

1. The scriptures cited will obviate this. What made Israel and Judah run to Egypt and Assyria for help, but their weakness and necessity? Their wound was incurable, and their bruise grievous, as Jeremiah often laments, and particularly chap. viii. 20-22, and x. 19, &c., and yet this did not excuse them for going to Egypt or Assyria to heal their wound, Hosea v. 13, and vii. 8, 11. The scripture holds out infidelity and distrust in God as the ground of such association, (2 Chron. xvi. 7-9, Isa. viii. 12, 13,) which proceeds from the incompetency of means as the occasion of it.

2. Suppose there was a necessity for the calling forth the body of the common people, yet certainly there is no necessity of employing any such persons of whom the question is, and putting them in places of trust. There is none can deny but there are, besides all secluded persons, many that might fill the places of trust and power. Therefore the plea of necessity is but a pretence to cover some design, that under its specious and plausible covering, the power of the land may be engrossed into the hands of malignants, and so by this means all power and trust may return, as the rivers to the sea or fountain, as they judge the king, that so in his person there may be established an unlimited and arbitrary power.

3. Necessity is a very plausible argument and strong plea to carnal reason for any thing, but it cannot be a good ground, in point of conscience, for that which is sinful in itself. Now that this is sinful in itself appears, from the word of God simply condemning such associations, upon moral, and so general and perpetual grounds. Now, in such a case of necessity, we are called either to trust in God, in the use of competent means, seeing in such cases we have so many promises, or if all help be gone which God allows us to make use of, we must wait on him till he brings salvation with his own arm.

But because the plea of necessity is the strongest that is made use of for the present public resolutions, we must consider it a little more. It is alleged, that the best part of the land is under the feet of the enemy, and so no help can be had from it, and for other parts of the land which are yet free, there is not much choice of persons, and the testimony of faithful men in the state declares, that when all that are called forth of these places are gathered, it cannot amount to a power competent enough, and therefore in such a question of the existence of second means, the knowledge whereof immediately depends on sense and experience, these who are not acquainted should give credit to the testimony of faithful witnesses, and that a competency of power must be had, according to the ordinary way of Providence, in relation to which we must act, except we would tempt God by requiring of him wonders.352

Answer. Suppose the enemy's army to consist of 20,000 or above, are there not more fencible persons in the shires on the north side of Forth? Believe it who please we cannot stop our own consciences, and put out our own eyes. Let the rolls of several shires be looked to, and it shall confute that testimony. Nay, are there not more persons not formerly secluded, in all those shires? What meant the levy appointed immediately after Dunbar? Was not 10,000 foot, and 1,400 horse put upon these shires which are not under the power of the enemy, and yet the rules of exclusion were not abandoned? Now all these, or most part of them, are yet in the country not levied. Money was taken instead of men, the levies obstructed so that there was little addition to the strength of the forces that remained, the forces diverted by the insurrection of the malignants in the north, at the King's command or warrant,—all which hath such pregnant presumption of a design carried on to necessitate the kingdom to employ that party, by the cunning politicians of the time, by obstructing the levies, raising the malignants, and then pacifying them by an act of indemnity, and at last openly and avowedly associating with them. Thus the design is accomplished which was long since on foot.

2. If satisfying courses had been studied by the public judicatories to carry on all the godly in the land with their resolutions, there had accrued strength from the parts of the land be south Forth, which would have compensated all that competency of power that the conjunction of the malignants makes up and, it may be, would have been more blessed of God. 3. If there be no help required nor expected from those parts of the kingdom be south Forth, wherefore did the commission write to the presbyteries in those bounds that they might concur actively in their stations for the furtherance of the levies, and choose ministers to go out with them?

III. It is answered. That the confederacies reproved were unlawful, because they were either with heathens, or with idolaters, strangers, and foreigners. This is answered to the case of Amaziah, &c., and so it seems not to make against the present case, the employing all subjects in the just and necessary defence of the kingdom.353

1. This answer at one blow cuts off all the strength of the General Assembly's reason against the association with malignants in that year. There might be some few persons idolaters, but there was no party and faction such, and yet they can deny association with the English malignants from those scriptures, yea not only with them but with our own countrymen that were in rebellion with James Graham, who were neither idolaters nor foreigners. We need no [pg 491] other answer than the Commission at that time give to the committee of estates using that same evasion, pg. 10, 11.

2. The ground and reason whereupon such associations are condemned, is more general and comprehensive. Jehoshaphat was reproved for joining with Ahab, because he was “ungodly, and hated the Lord,” which is properly in our terms, because he was a malignant and profane man. It was a strange mocking of scripture to restrict ungodliness, in that place, to the sin of idolatry. Confederacy with the Canaanites and other nations was forbidden on this ground, “that the people be not insnared, and learn not their works.” Now, is not the company of, and communion with ungodly men, of the same general profession, but mockers and haters of the power thereof, as infectious and insnaring? Nay, it is more apt to insnare because of the profession. Paul would have as much distance kept with a brother walking unorderly as a pagan. For such a one as walks contrary to his profession of the true religion, does evidence more ungodliness and wickedness, than an ignorant and superstitious papist that walks precisely according to his profession. There is some principle of conscience stirring in the one, but it is seared in the other with a hot iron. God ranks such, who are uncircumcised in heart, with the uncircumcised in flesh. Ought not his people to do so too?

3. The rule of modelling armies and purging the camp is most comprehensive, Deut. xxiii. Not only idolaters and foreigners, but every wicked thing and unclean thing, was to be removed out of the camp. Now, seeing those examples are transgressions of this law, what reason is there to make the only ground of reproving and condemning of them to be, because idolaters were associated with, as if any other might be joined with, that is not an idolater?

4. That reason against Amaziah's conjunction with Israel is wrested, by some expounding it thus God is not with them, is not understood, in regard of a state of grace, as appears, nor in regard of God's prospering providence, because he was often with them in that regard but it must be understood in regard of an idolatrous profession. But we reply, that it is true it is not understood in regard of a state of grace, nor simply in regard of his prospering providence, but ut plurimum,354 the Lord for the most part crossing them till they were cut off from being a nation. But especially it is to be meant in regard of a course opposite to God, according as the Lord speaks, 2 Chron. xv. 2. “The Lord is with you while ye be with him, but if ye forsake him he will forsake you.” If any will restrict this to idolatry, he hath no ground from scripture for such a limitation, but being engaged in the business, he wrests the scriptures to his own destruction. Sure we are, there are many palpable forsakings of God, and God's forsaking of men, beside idolatry and false worship.

5. That which is said “That God did not command Amaziah to dismiss any of his own subjects.” Either it makes not much to the present business, or else it strikes against the law of God itself, that commanded such strict purging of the camp. From whom I pray you? Certainly from wicked Israelites, from wicked countrymen. Therefore, if there was any such among the men of Judah, he ought to have put them out of the army as well as the Israelites. Nay, the command of dismissing the Israelites, was, really and upon the matter, a command to purge his camp of all that was of the stamp of the Israelites. It is strange that the civil difference of strangers and citizens should make such difference in the point of conscience. Ought we not to hate the Lord's enemies with a perfect hatred, not as Englishmen, not as strangers, but as enemies? Levi knew not his brother. This was his honour. But many now for respect to their brethren, know not God. It is the moral quality that the law of God respects, without respect of persons and countries. To be a citizen, if not qualified, doth no more plead for employment, in foro conscientiæ355 and before God, than to be a stranger and qualified doth impede trust and employment in foro conscientiæ and before God.

IV. It may be answered (and it is by some), That those scriptures plead, that there should be no conjunction with wicked men in a quarrel of religion, but seeing our present business is the defence of the kingdom, all subjects, as subjects, stand [pg 492] in capacity of employment for that end, though in reference to the defence of religion there must be a choice.

1. The Commission have vindicated themselves in a letter to Stirling presbytery from that imputation, that it is said, they state the quarrel and cause merely upon civil things in the answer to the parliament's query.356 But certainly there is just ground given to these that are watching for any such thing to state the cause so, because they do, contrary to all former custom and practice, mention the defence of the kingdom only, as it had been of purpose to make the employing of all members of the body or subjects of the kingdom for its defence more plausible. But we answer to the point. The associations and conjunctions that are condemned in the cited scriptures are some of them for civil quarrels so far as we know, some of them in the point of just and necessary defence of the kingdom, and yet that doth not justify them.

2. The rule given them, Deut. xxiii., was regulating all their wars and clearly holds forth, that all subjects as subjects and members of the politic body, though as such there is an obligation lying on them to defend the whole, yet are not in actual and nearest capacity to the performance of that duty, if they be wicked and unclean. And the reason is, because the Lord would have the wars of his people his own wars, and all that they do, to his glory, Num. xxi. 14. 2 Chron. xx. 15, Col. iii. 17. More especially in such solemn undertakings, there ought to be a difference between his people, acting for self defence, and other nations.

3. Although the defence of the kingdom and defence of the cause, be different in themselves, yet are they inseparable. Whoever is intrusted with the defence of the kingdom really and de facto,357 he is eo ipso358 intrusted with the defence of the cause. Therefore the people of God, who ought always to have religion first in their eye, ought, especially in raising forces for self preservation, to level at religion, and direct the choice of instruments in relation to that mark, that they destroy not Christians, while they save subjects and preserve our bodies to destroy our souls.

Third Reason. That which is dissonant from and contrary unto all our former resolutions and proceedings, oaths and engagements, confessions and humiliations, must needs be most unlawful, or they themselves, as to that point, were unlawful. But the present resolutions and proceedings are dissonant from, and contrary to all these. Ergo, either our present or our former resolutions and practices were unlawful, either we were wrong before, or we are not right now. The second proposition maybe made manifest from, 1. The present resolutions are contrary to the solemn 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 own nature of it with either actual punishing of them, or endeavouring 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 Lord's mind indeed, howbeit they know not his thoughts,—and to the sixth article, because it is a declining to the contrary party, even that party against whom the covenant was at the making expressly contrived. And as the declaration of the General Assembly 1648, hath it, it is a joining with one enemy to beat another, with a black devil to beat a white.359

It is most ingeniously answered, that the present resolutions are not contrary to the covenant, because such as are described in the covenant are not allowed to be employed, meaning that these men are not now malignants. What needs men make such a compass to justify the public resolutions, seeing 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 need the Commission in their letter to Stirling 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 notourly360 in the courses of malignancy, which was done that year. Whereas the malignant party that was then associated with, would have engaged to be faithful to all the ends of the covenant, many of them were such as had been in covenant, and made show of their repentance for their defection from it; and so there is no difference in this particular.

2. The Solemn Acknowledgment of public sins is so clear and peremptory in this that it makes us tremble to think on it. Page 6, “Should we again break his commandments and covenant, by joining any more in affinity with the people of these abominations, and take in our bosom 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, nor escaping.” Let the 6th article also be considered.361 Join to this the Declaration of the commission, upon report of this enemy's invading, p. 6 where it is declared, that malignants shall not be associated with, nay, not countenanced and permitted to be in our armies. The General Assembly after this, upon the enemy's entry into Scotland, gives serious warning to the rulers, to take heed of snares from that party and that the rather, because men ordinarily 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 ourselves 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 engagements in this point were conceived in a way of prosecution of the cause, but to be no impediment of the just and necessary defence, which we are bound to by nature's law, which no human law can infringe.

(1) It is strange, our prosecution of the cause these years past should be contradistinguished from the defence of it and the kingdom. 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 merely defensive, both against unjust invasion and seditious insurrections. Now our solemn [pg 494] engagements were conceived, in relation to our actings at home especially, and modelling our armies for the defence of our liberties and religion. We know well enough that a just invasive war is a rare accident in the world, and that the flock of Jesus Christ is 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 solemn engagements and declarations grounded upon our oaths and the word of God, human laws and constitutions that must cede to nature's law, is indeed ingenious dealing, because to justify the present proceedings, there can be no more expedite way than to condemn bypast resolutions for the peremptoriness of them, and to make them grounded on politic considerations, which are alterable, but it imports a great change of principles. We conceive that all human laws that are not for the matter grounded on the word of God, that oblige not conscience, but in the case of scandal and in regard of the general end, are alterable and changeable, whenever they come in opposition to the law of nature, self defence, and the law of God written in his word. And therefore that act of parliament, mentioned by the Commission, discharging all subjects from rising without the king's command, which was made use of against our first taking arms, was no ways binding on the subjects not to rise in defence of their religion and liberties when in hazard.362 And we wonder that that law should be compared to our solemn engagements, which are grounded upon oaths and God's word, as touching the very matter and substance of them, as if our engagements did no more bind us now, in case of defence, than that law did bind us then.

Royalists might be excused for preferring the king's will to God's, but we cannot be pardoned for equalizing them; and especially while we consider that that forementioned act undoubtedly hath been intended for the establishing of an arbitrary and absolute power in the king's 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 tie us, and when God binds and obliges us by any of these, no king or parliament can loose or untie us.

(3) The Declaration of the Commission and Assembly upon this invasion, renews the same bond of our former engagements, yea, and speaks expressly in the case of fewness and scarceness of instruments, against the unbelief of people that are ready in danger to choose any help.363 Therefore that which is said in answer, that at that time there was a choice of instruments which now is not, may indeed condemn and falsify the declarations at that time, in the supposition of the paucity of instruments, and in the application of that doctrine and divine truth to that time, but it doth not speak any thing against the application of that truth therein contained to our time, it being more manifest, that we have greater necessity and less choice of instruments, and so in greater hazard of unbelief, and overlooking what is behind us.

3. It is of all considerations the most confounding, to reflect upon our former humiliations and fasts. How often hath it been confessed to God, as the predominant public sin of Scotland, countenancing and employing the malignant party? But when we call particularly to mind the first solemn fast after the defeat at Dunbar, astonishment takes hold on us, to think, that is now defended as a duty, which, but some months ago, was solemnly confessed as a sin. The not purging of the army, the obstructing of that work, and great inclinations to keep in and fetch in such persons, and the repining at, and crying out against all that was done in the contrary, were then reckoned as the great causes of God's wrath, and his sad stroke upon us. What distraction may this breed in the hearts of the people of the land to hear that same thing complained of as a great sin to day, and commended as a [pg 495] necessary duty to morrow? Is not all the land presently called to mourn for the king's sins, of which this is one, the designing a conjunction with the malignant party, and giving them warrant to rise in arms for the defence of the kingdom? Now, how shall they be able to reconcile these in their own minds,—at the same time to mourn for that as a sin in the king, which they hear commended as the duty of the parliament—to fast to day for that as the king's sin, which they must go about to morrow as their own duty? “Tell it not in Gath, publish it not in Askelon, lest the daughters of the Philistines rejoice.”