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A61509 Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. 1669 (1669) Wing S5536; ESTC R37592 393,391 512

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15. Iam. 6. c. 2. Parl. 23. Iam. 6. Act. 1. Parl. 1. Char. 1. and act 14. 15. of the same parl act 13. parl Anno 1661. Charl. 2. and this is reckoned by the forementioned politicians among the prerogatives Volgm pag. 57. Hoen pag. 129. Bodin pag. 244. Timpl. ubi supra 4. Nor doth it belong to him alone to appoynt the value of money as is cleare by our acts act 67. parl 8. Iam. 3. act 93. 97. parl 13. Iam. 3. act 23. parl 1. Iam. 1. act 33. parl 8. Iam. 2. act 59. parl 13. Iam. 2. act 2. parl 1. Iam. 4. act 17. parl 2. Iam. 4. act 40. parl 4. Iam. 4. act 17. parl 1. Iam. 6. act 20. of the same parl act 249. parl 15. Iam. 6. c. 9. parl 16. Iam. 6. yet the forecited authors reckon this also among jura Majestatis 5. He must not rule us by his meer will but by the lawes of the land act 79. parl 6. Iam. 4. act 130. 131. parl 8. Iam. 6. and not by any special grant or privat privileges act 48. parl 3. Iam. 1. 6. He is not the proper judge of all causes in the first instance act 45. parl 2. Iam. 1. act 62. parl 8. Iam. 3. 7. Some causes are fully exempted from his judgment and determination act 105. parl 14. Iam. 3. 8. The Lords of the Session may finally decide causes according to the act 65. parl 3. Iam. 1. without any liberty granted to the party to appeal to the King act 63. parl 14. Iam. 2. and this privilege of the Session in ratified act 93. parl 7. Iam. 5. act 1. parl 2. Mar. act 170. parl 13. Iam. 6. act 183. of the same parl act 211. parl 14. Iam. 6. act 23. parl 1. Carol. 1. act 23. parl Anno 1661. Charl. 2. Yea the judges are allowed to discerne according to equity notwithstanding of any write of the King 's to the contrary act 92. parl 6. Iam. 6. act 47. parl 11. Iam. 6. act 79. of the same parl 9. He is limited in granting remissons sic act 46. parl 2. Iam. 1. act 51. parl 3. Iam. 1 act 75. parl 14. Iam. 2. act 42. parl 6. Iam. 3. act 94. parl 13. Iam. 3. act 62. 63. parl 6. Iam. 4. act 174. parl 13. Iam. 6. 10. He is limited in alienating of lands possessions or moveable goods act 2. parl 1. Iam. 2. act 41. parl 11. Iam. 2. act 70. and 71. parl 9. Iam. 3. act 112. parl 14. Iam. 3. act 5. parl 1. Iam. 4. act 10. parl 2. Iam. 4. act 22. ejusd parl act 50. parl 4. Iam. 4. act 90. parl 6. Iam. 4. act 84. parl 6. Iam. 5. act 115. and. 116. parl 7. Iam. 5. act 6. parl 9. Iam. 6. act 176. parl 13. Iam. 6. act 159. ejusdem parl act 203. and 204. parl 14. Iam. 6 act 236. parl 15. Iam. 6. act 242. and 243. ejusdem parl act 1. parl 16. Iam. 6. cap. 4. parl 23. Iam. 6. act 10. parl 1. Carol. 1. 11 So is he limited in erecting Royal brughs act 43. parl 11. Iam. 2. 12. He is limited in appoynting publick offices for admininistration of justice act 44. parl 11. Iam. 2. 12. He may not passe gifts signatures or remissions but with the consent of the privy Council act 12. parl 2. Iam. 4. 14. He hath been aftentimes admonished of his duty by the Parliament see act 23. parl 1. Iam. 1. act 5. and. 6. parl 3. Iam. 2. act 14. parl 6. Iam. 2. act 92. parl 13. Iam. 3. act 8. parl 2. Iam. 4. act 29. parl 3. Iam. 4. act 17. parl 1. Iam. 6. If this Surveyer hath a minde to defend the King 's civil prerogative royal or his absolute power Let him take all these particulars to his consideration but we goe on to our purpose From what hath been said concerning this limited power of the Kings we draw these particulars for our purpose 1. If the King be a limited Prince Then he may in some cases be lawfully resisted Gerhard himself de Magistrat Pol. § 484. pag. 1303. in answering of that quaestion what shall Subjects do if a Magistrate who is an infidel or an haeretick doth force them unto a false religion sayeth That such a Magistrate who hath absolute and unlimited power and is under no compacts may not be resisted by such as are meer Subjects So that he would grant in this case That it is lawful for meer private Subjects to resist a limited Prince who is bound by compacts and contracts It is true when he cometh afterward to speak of resisting a Tyrant and proponeth the quaestion § 486. whether such who have absolute power and turne Tyrants may be resisted after he hath cited some sayings of Papists he tells us § 487. That all the arguments of iunius Brutus Rossaeus Buckerius are solidly answered by Barclaius Albericus Gentilis Cunerus and Arnisaeus and this passage our Surveyer bringeth in Pag. 89. But who seeth not that it cometh not at all home to our purpose seing our King is not a King of absolute power though he hath his Kingdom by succession but is limited by conditions and stipulations And further every one may see the weaknesse of Gerhard's reasons and how inconsistent he is with himself For. 1. Sayeth he such is only under Gods jurisdicton But alas 1. May not I resist a person vvho is not under my jurisdiction 2. Royalists will say the same of all Princes even Barclaus and Arnisaeus Againe he sayes The People have translated their whole power unto such a Prince cannot recall it But 1. They have never translated over unto him a power to inslave themselves for that was not in their power to do Nor 2. Could they ever give away the power of self defence which is their birth right 3. Sayes he Subjects in this case want God's command and a Superiour power But 1. They have God's command in nature no lesse then these who are under limited Princes 2. They have a superior virtual power in cases of necessity 4. Sayes he He is a Father of the Republict and not a Tutor only and therefore as Children have no power over their Parents no more have Subjects over their Princes But 1. Are not even limited Princes as well Fathers to the Commonwealth So that by this argument it shall be as unlawfull to resist these which he will not say 2. Yea such absolute Princes Look rather to be Tygers and stated enemies unto the Common-wealth then Fathers 3. They have no proper Parental power as we shewed but Metaphorical 4. Even natural parents may be resisted Ergo much more they 5. We are not speaking of giving judgment against Tyrants but of resisting of them and if he grant this vve have our desire And his question vvas touching resistence § 485. Quest. 4. 2. A Limited and pactional Prince may be legally resisted Ergo also with force when a legal resistence cannot be had The antecedent is true
impious and opposite to the solemne Covenants under which the Land standeth bound and obliged before the Lord conspire with them in this Apostasy against the interest of God in the Land From all which we think these things will clearly follow 1. That it may be much doubted if this last convention can be accounted by any law either of God or Man a lawful Parliament having so palpably betrayed their trust in ruleing not for God and his interest but against him end enacting things to his dishonour in selling and giving away the old and undoubted Privileges of Parliament and in betraying dilapidating disponeing and giving away the native and unquestionable Rights and Privileges of the People and in overturning the fundamental lawes of the Land and annulling the fundamental article of the compact betwixt King and People Seing Politicians will grant that such are to be accounted but private persones though we should make no mention of other informalities which usually weaken or annul the constitution of a judicature of that nature in poynt of formality as liberty denyed to some shires to choose such members as they thought good prelimitation used to all the admission of some as members not capable of an election according to our ancient and received custome the denying of free liberty of debateing reasoning dissenting and protesting which is allowed in all free Judicatories and the carrying on of matters in a head-strong violent and tyrannical manner without such previous deliberation or serious consideration and pondering the weight and moment of matters as would have become a judicature by its constitution and nature so sage and honorable 2. The native ancient and undoubted Privileges of the People are de Iure intire and inviolated notwithstanding of any thing done by this late meeting which had no power to do what they did And therefore could not wronge the rights and Privileges of the People 3. That there is no hope or humaine probability now left that ever the People of Scotland shall have a Parliament by the course laid downe or inferiour Judges to resent the injuries oppression and Tyranny done to and exercised upon them but that still their bands shall be made stronger and the yoke of oppression and Tyranny wreathed closser about their neckes So that there was not neither is there any hope so long as this course of defection standeth and is not overturned that Parliaments now or the Primores Regni or inferiour Judges shall concurre for the suppressing of Tyranny bearing downe of oppression defection and apostasy according as they ought 4. That while matters are so the People of Scotland are as if they had no Parliaments nor inferiour Judges for that end and cannot be supposed or imagined to be in a worse condition then if they never had had my such to protect them from the tyrannical and arbitrary lust and domination of Princes And therefore must be allowed to use the privilege and liberty which nature hath granted unto them to defend themselves from unjust tyranny and oppression of Princes Parliaments and inferiour Judicatories when their Representatives palpably betray them into the hands of their adversaries yea and conspire with their adversaries against them and their Privileges and instead of Patrons and defenders of their rights and privileges turne enemies thereunto and take courses utterly to destroy all By this I suppose the first Objection is sufficiently answered yet I shall adde this word more and would desire that all who are of a contrary judgement would answere this quaeree Whether or not vvould they think it unlavvful for private persons vvithout a Parliament privy Council or other inferiour Magistrates to resist a Prince or his Emissaries if he vvith the consent of these should transferre unto him self the proper and immediat right unto all the Lands Rentes Tenements possessions Heretages and goods within the vvhole Land vvith full povver to sell dispone and give avvay the same unto whom he pleased and presently upon the passing of that act cause eject dispossesse and remove all the present heretours and possessours or put them to buy it of nevv of him or take tackes thereof as taksmen fermers or tennents If they think that in this case they might lawfully resist such horrid tyranny Then why not in our case when the People contrary to all law oathes and vowes are put out of the possession of their Covenanted Religion reformed in doctrine worshipe discipline government that by meer violence and tyranny Sure such matters as touch Soul and consciences ought to be as deare to People as what concerneth their bodyes and estates Or if we should put the case That the King were about to sell the whole Land unto the Turk or unto Irish bloody Papists by bribes or promises should procure the consent of a Parliament the concurrence of Council and other judicatories as really upon the matter walking according to the acts they have made he may Might it be unlawfull for People in this case without the concurrence of inferiour Magistrates who had now sold them and basely betrayed their trust to stand to their owne defence and to the defence of their posterity and their lives rights liberties and privileges And if this cannot be asserted by any man who hath not made a perfect surrender of his owne reason unto the will and lust of another why can resistence in our case be condemned Seing soul matters are of infinite more worth then these outward things And it were lesse bitter to know and see our posterity redacted into a state of perfect slavery unto forraigners as to their outward privileges them to see them shut up into a closse prison of soul slavery and bondage destitute of the pure and lively ordinances of salvation and frustrated of the glorious and excellent liberties and effects of a purely preached gospell and so shut up in a dungeon of ignorance superstition and all Prophanity that they should never know what true liberty meaneth As for the next objection taken from this that they were not the Whole Body of the land but only a part thereof which cannot be so well justified It may easily be answered That it being lawful for a single persone in some cases to defend himself from unjust violence It will be much more lawful for a considerable part of a Kingdome to defend themselves though they get not help of others Though all be bound to help a ravished maide yet though none should help she may resist and defend herself But to leave this because we have adduced many arguments that concludes the case lawful even for a part of the Kingdome we shall speak to the complex case not only as it was a defence but also a probable meane to put a stop unto the course of defection Which was and is carryed on and to redeem the land from spiritual bondage and slavery as well as bodily And to this we say That when the case is a publick case
These things as to matter of fact cannot be denyed Fourthly Whatever was done of late by King or Parliament or enacted and concluded contrary to these covenants vowes and engagements was as unlawful so a real and formal subversion of the fundamental constitution of our Christian and reformed Kingdome This none will deny who knoweth the true nature of these covenants and the real interest they had and yet have de jure in our constitution before this late revolution as was now expressed Fiftly Notwithstanding of all that hath been done by King and Parliament of late in rescinding abjuring and looseing of the obligation of these National bonds and divine covenants yet they remaine Covenants and National tyes perpetually obligeing before God the King Nobles People of all ranks and will do so long as Scotland is Scotland This is abundantly made out by the Apologist and is a fixed and everlastingly confirmed truth in the hearts of all who fear God and looke for his appearing as a swift witness against all such as sweare falsly Sixtly That nothing was allaiged or allaigeable against those persones in Galloway and places adjacent as ground or cause or occasion of all that extremitie and rigour of iniquity that was exercised against them but their simple non-obedience to the act enjoyning conformitie and obedience to the Ecclesiastical authoritie then established which was diametrically opposite unto their vow and promise in their solemne and National covenants So that really upon the matter their suffering was meerly because of their conscience making and faithful endeavouring to adhere through the grace of their God unto their covenants and engagements solemnely sworne and taken Seventhly It will be easily granted by all rational persons That in all Kingdomes and Commonwealths a free people not redacted unto a state of base bondage and slavery should be ruled and governed civilly according to the civil and municipal lawes of the land and not by military force and cruelty Tyrants use to lay aside the wholesome and established lawes of the land and to rule in an arbitrary manner by the cruel and mercylesse sword because they neither intend nor seek the good of their subjects But only their owne ambition and base ends But Magistrats who ought to seek the good of the common-wealth and preferre it to their owne particular ends will have respect to the lawes and accordingly rule their subjects and not by an aribitrary cruelty and force of armes which are used against enemies Eightly The very law enjoyning this conformity prescribeth the way how the same shall be put to due execution viz. That for this end the Council shall call before them all such persons as after admonition of the Minister in presence of two sufficient witnesses and by himso attested shall be given up to the Council as transgressours of this act and the same after hearing of partyes being duely found to decerne inflict the censures and penalties And although the very law itself be so iniquous and intolerable as would undoubtedly bring sudden ruine to all such as would not obey the same and that in a very short time yet if this legal manner of procedour had been followed the execution though cruel and sufficiently barbarous the penalty having no suteable correspondence with nor proportion unto the supposed transgression for can any think that a persons absenting himself twice or thrice from his owne parish Church can be a transgression of such a high nature as no penalty lesse then the fourth pairt of his Estate can compensate had not seemed so arbitrary or tyrannical but when such a grievous law is more grievously executed and that arbitrarily and illegally is not this a very intolerable oppression Ninthly It is notourly knowne and unquestionably clear and alas too too wel demonstrated by black Tragical and inde lible characters of ruine extirpation and beggery of many honest families yea and of landed and sufficiently provided Gentlemen and others so that none will or can if he hath not resolved to beleeve neither what he seeth nor what he heareth deny it That Sr Iames Turner and his souldiers under pretence of executeing this law used such inhumane crueltyes savage barbarities unparallelable exorbitancies by illegal amercements fineings quarterings plunderings beatings dragging to prisones wounding binding men like beasts chaseing them to moors and mountaines laying waste their lands houses and habitations devouring what they could with horse dogs men burning plenishing utensils and other necessaries in houses and thus laying whole parishes and almost countreysides waste and desolate and that without respect had to conscience humane let be Christian to law divine civil or municipal grievous or not grievous yea without respect had to persones guilty or not guilty for when they had consumed the Landlord they oppressed the Tennants though not guilty when they had ruined the Tnenants fel upon the Landlord though a conformist avowing and professing they came to destroy and they would destroy nor having any respect to poor or rich widowes or marryed persons old or young yea or to such as stouped for-age to sick or bedrid creples or to one or other yea and did sesse and quarter till persons were forced to pay such summes as the civil judges before whom the cause was depending had not determined to be justly addebted by them All which is fully and particularly laid open by Naphtaly and will appeare to all who have not renunced humanity to be more then lesser injuries as the Surveyer pag. 70 is pleased to account them and to be most unjust though he make a question thereof yea and such grievous and intolerable oppressions the hundereth part whereof as Naphtaly said well would make him and his complices curse both God and their King Tenthly To all these forementioned cruelties and barbarities He added this that he would suffer no man to complaine to him of any wrong they had suffered by the brutish and barbarous souldiery nay nor supplicate for relief and if they did their cause was helped by doubling their miseries yea and which might exceed all beleef if its notoriety were not undenyable forced them after all these horrid dreadful inhumane and brutish outrages and oppressions to subscribe an acknowledgment That he had used them civilly and discretly and there by necessitated them to deny what was as not oure as the sun at noonday and their very common sense and feelings and also to prejudge themselves of all hope or possibility of getting redresse by law Eleventhly Though this forementioned acknowledgement had neither been asked nor granted yet their condition was irremediable for neither they nor any in the land might Supplicat King or Councel either for relaxation of the rigorousnesse of the lawes or for a more civil moderate yea or for a strick and legal execution of the iniquous and grievous lawes made under the paine of treason and lese Majesty Though it vvas an old received maxime and is to this day vvhere tyranny is
of their accounts should imbrace professe and practise the truth of God and the true Religion reformed in doctrine vvorshipe discipline and government Though King Parliament and Council should reject and condemne the same and countenance or command and authorize the practice of idolatry superstition or any false way in the vvorshipe of God or in the doctrine and discipline For no lavv of man can vvarrand iniquity no act or constitution of any Magistrat under Heaven can rescinde or invalidate the mandats of the King of Kings or exempt People from obedience due thereunto No true Christian whatever court flatterers atheists may do can deny this 7. Nor can it be denyed That in Kingdomes or Commonvvealths vvhere once the True Religion reformed in doctrine vvorshipe discipline and government hath been received publickly imbraced approved and countenanced by authority ratified by lavves statutes acts declarations proclamations oathes vovves and engagements Though the Magistrates Superiour and inferiour should turne Apostates from that Reformed and received Religion and by their lavves condemne the same and establish corruptions and enforce corrupt practices by penaltyes yet it vvere the duty of all Subjects vvho had any regaird to the matters of their ovvne salvation to adhere to the truth once received and established and vvorshipe and Serve God after the right manner and refuse to obey these iniquous lavves Will any deny such a truth as this except such as have sold soull consciences and all unto the lust of Men or think there is no Religion but vvhat King and Parliament vvill have and consequently if they should enjoyne the imbraceing of Mahomet's Religion or the vvorshiping of Sun Moon and Starrs or of Satan himself obedience must be yeelded 8. If in the forementioned case The Magistrates Superiour and inferiour should combine together and conspire against Christ and his interest and should not only by their acts and statutes banish him and his glorious interests out of the Kingdome but also by their cruel executions labour to force constraine and compel all their subjects or a part of them to the renunceing of the formerly received and avowed truthes and to the imbraceing of the introduced corruptions and so to run with themselves unto the same excesse of iniquity perjury and abhomination Then it is lawful for these Subjects so oppressed persecuted and abused for their constancy in adhereing to the truths once received contrare to all engagements vowes and Covenants to defend themselves against that unjust tyranny and rage and maintaine the reformed truth which is unjustly violently taken from them by force when there is no other probable meane left for them to essay nay when liberty to supplicate or petition is inhumanely and severely under the very paine of Treason discharged The reasons are 1. because we have shewed above that it is most lawful for Subjects to maintaine their lives persons and Estates against the unjust violence and tyrannical oppression of their enraged Magistrates And if that be lawful this must also be much more lawful for as the soul is much more precious then the body so matters that concerne the soul should be preferred to such things as concerne the body And therefore Religion which is necessary for the life of the soull should be with no lesse Zeale care and industry maintained and preserved pure and uncorrupted then what concerneth the lives of our bodyes 2. It is lawful for Subjects to maintaine their natural and civil libertyes by force when no other way can be used lest they and their posterity after them should be redacted unto a state of perfect slavery and bondage worse then that of the Israilites in Egypt And shall it be unlawfull to fight for the defence of Religion wherein is comprised all true and desireable liberty and to save posterity from tyranny and bondage in their souls and consciences much more dreadfull and terrible then the most insupportable and bitter bondage of the body imaginable Shall men be allowed to fight to preserve their owne bodyes and the bodyes of their posterity from the slavery of men and shall they not be allowed to fight that they may preserve their owne soulls and the souls of their posterity from the tyranny of Satan Who but such as either think they have no soulls more then beasts or know not the worth of their souls will deny this consequence 3. It is lawful for Subjects to defend their lives and libertyes in order to the defence of the true Religion and the interests of Jesus Christs when their losseing of these should certanely tend to the losse of Religion Ergo It cannot be unlawful to defend Religion which is the maine and principal thing 4. If it be lawful to maintaine the interests of a King against an usurper whether a stranger or an inferiour Magistrate who is under the King and is seeking to eject him and his interest contrare to his faith and trust Then much more must it be lawful to defend Christ Iesus and his interest when King and Parliament contrare to their sworne allaigance unto him have rebelled and are seeking to dethrone him by their wicked Lawes and Ordinances and to banish him and his interests out of the Kingdome by their tyrannical cruelty inhumane and mercilesse executions Will any deny this but ingrained Atheistical Malignants whose chief character hitherto hath been to preferre man's interest unto Christs Or such as have renounced all faith and loyalty unto the King of Kings and have set up a creature as their only God whom they minde to Worshipe and adore and for whom they minde to fight against all breathing and against the God of heaven also But their weapons shall fall out of their hands when They shall feel the lighting downe of his arme with the indignation of his anger and with the flame of a devouring fire and with scattering and tempests and hailstones and when he shall cause his glorious voyce to be heard If any should Object That because Christ's Kingdome is not of this World therefore his Servants should not fight for him It is easily answered That as hence it will follow that Religion cannot be forced by the sword upon any So it will not follow that Religion should not be defended for then Magistrates should not defend Religion nor Christians should not defend their Religion against the Turks Which is false And hence 5. If it be lawful for People to defend their Religion against an army of infidells Mahometans or Papists invadeing the Land of purpose to spoile us of our Religion and to force us to imbrace heathenisme Turcisme or Popery Then it must be lawfull to defend the same true Religion against King and Parliament when they seek to rob the People thereof and force corruptious upon them because King and Parliament have no more authority from God to oppresse the consciences of their Subjects to corrupt Religion and force corruptions upon them then the Turk or the Pope hath and
as they should rather honour and highly reward would not any body smile at such a consequence And yet such is his here Let him make it to appear that the matter of the actions of these persons was lawful and the necessity extreme and the case was the same as to the deficiency of others to do the work and that they were in a probable capacity to do it then he shall speak more home to the case He needs not tell his readers Pag. 107. That such abhominable courses carryed on under pretext of heroick motions and rare exitations of the spirit should make the fearers of God very cautelous against the principles of this Man which lead this way For that man neither approveth these courses nor any such like nor doth his principles lead that way whatever he imagine nor doth he assert as he alledgeth that there needs no standing upon an externall call if men think they have his internal call to use the sword for vengeance against Apostate Magistrates and Reforme an Apostate Church their zeal is a sufficient call to rise up in a Phineas like fortitude without further as any vvill see vvho reads over that discourse Nor needeth he to say that if people be so principled it were better living under the great Turk where no man is to losse his life but by Law then in Scotland For he doth not expose any to the fury of private persons who can pretend rare and heroick excitations of the Spirit to execute justice on men when they think there is cause as he supposeth in the following words nor could he rationally be supposed to do so though he had clearly and positively asserted that that fact of Phineas was in all poynts alwayes imitable far lesse when he is loath to assert so much as this Surveyer himself acknowledgeth in the following words Pag. 108. confessing that he said we hold no such instances as regular precedents for all times and persons universally What displeaseth him then But where is sayes he the caution that is put in against any that will pretend heroïcal excitations by the spirit as a sufficient cal he hath opened a door but how will he close it againe Answ What could himself say more to bar a heady People from such pretensions of Phineas-like motions then that it was not a regular precedent for all times and Persons Is it not possible as hath been said yea and often seen that the most cleare and approved examples have been abused And what can be said to this but that such must run their owne hazard and beare their owne guilt God only can prevent all confusion in all cases It is false which he addeth that This man hath proclamed this libertinisme to private persons upon pretence of heroïck excitations of Zeal c. to rise up against all powers above them for they are made judges in their owne private discretion when it is fit to fall in hand with such irregular practices and when it is that such heröick excitations are upon their spirits and when it is that matters are so far out of order that they cannot be amended without their violent interposeing and pulling downe of powers All this is referred to private persons discretion Ans No such thing is there said and Phineas instance will give ground for no such thing though it were pressed as a most regular precedent As we grant with him that Quakers and Ranters c. may start up aud plead their impulses and that People when they minde changes will not want pretexts But what sayes that against the thing seing the best things may be abused Ay but Naphtaly sayes he holds That Magistrates when patronisers of abhominations ought without doubt be suppressed by all meanes so that if there be not probable capacity for armes a dag or a dagger a pistol or a poisoned poinard a spanish fig or some secret applications may do the businesse with some great ones Answ Naphtaly in the place cited Pag. 18. is speaking of open idolatry blasphemy perjury venting and spreading of heresy and such like abhominations which being most dishonourable to God pernicious to all Commonwealths ought sayes he by all meanes to be suppressed that is by all faire and possible meanes for illud tantum possumus quod jure possumus and so had he not been too captious be reason of it is like his green wound he might have spared the rest and to his liturgical prayer following That the life our dread Soveraigne may be bound up with the Lord his God in the b●undle of life and also that the same great and good God may be a shield and buckler to his servants who desire in honouring of the King to feare him the King of Kings above all against the generation of Men of blood and violence We shall desire him to add this Letany from perjury pride profanesse blasphemy impenitency atheisme and all manner of uncleannesse good Lord deliver us and our King And to prevent all these feares let is Majesty and other Magistrates reforme their wayes and turne to the Lord and execute judgement on him and his complices and all the rest who now pretend to honour the King and to feare God but in effect to deifie a creature and renunce their homage to the King of Kings and so provoke him to destroy both them and their King by their apostasy and wicked defection and that openly before men and Angels as David hanged up the Sons of Saul before the sun and then they need not fear either dag or dagger pistol or poysoned poinard a spanish fig nor any such secret applications Thereafter Pag. 109. he comes more particularly to consider that discourse and gives us there and in the following Pages 7. or 8. Answers The first is That it is much doubted if Phineas was a meer private person being the high Priests son and a chief priest and a Prince in his tribe Numb 31 6. Jos 22 31 32. one of the great Council Num. 1 16. and 16 2. who did in that dismaltime Numb 25 6 meet with Moses the chief Magistrate to lament the ab hominable idolatry and bodyly filthinesse committed at that time and to consult and advise about the authoritative restraining of this wickednesse In the mean time when the great council are humbled before the Lord Zimri with his Midianitish woman are in their very sight going in to the tent and Josephus sayes that before Moses and the Council he justified the fact and pleaded frowardly to have and retaine her In this case of so effronted wickednesse Phineas then one of the congregation or great Council v. 6. rose from among the congregation or great Council which shewes he was sitting amongst them under the eye knowledge and approbation of Moses the supreame Magistrate pursued them both to the tent and thrust them thorow Answ 1. Then it seemes this fact of Phineas was a laudable act of judice in a Magistrate and