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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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so must be a precedent example for judges and Magistrates in all time coming and by this example any member of the Council might lawfully rise up and execute judgment on this wicked wreatch and his cursed fraternity who have brought by their apostasy and defection from the Covenant and cause of God the wrath and curse of God upon the land 2. That Phineas was the High Priest's sone we know and that he was afterward High priest himself is truth but that he was at this time a publick Magistrate or a member of the great Sanhedrin we see not It is true there were some Princes of the tribes men of renowne Numb 1. ver 16. but he is not mentioned among those neither were these the great Sanhedrin So these princes of the assembly Numb 16 2. were not the Sanhedrin which did consist but of 70 Members Numb 11. Nor was Phineas one of them And that congregation of the children of Israel mentioned Numb 25 6. amongst whom Phineas was ver 7. was not the Sanhedrin which we never finde as I remember so called but the whole body of the People who were then mourning partly for the sin commited and partly for the execution when the heads of the People vvere hanged up and a thousand moe killed by the judges at Moses his command for Paul 1 Cor. 10 ver 8. sayes there died of the plague tvventy three thousand and here vve finde there fell in all tvventy foure thousand Againe it is remarkable that this single act of Phineas in killing two persons is so much rewarded and taken notice of by the Lord yea more then the many who were killed by the judges ver 5. So that it seemes he was no publick Magistrate and that he did it with the approbation of Moses is probable but that Moses did command him we see not only we finde that the Zeal of God moved him and therefore is he highly rewarded though he was but the son of Eleazar the son of Aaron Yea that which the Surveryer citeth out of Deodat rather confirmeth this for Deodat calleth it an act of extraordinary zeal motion of God's Spirit and he addeth that Moses the Supreme Magisstrate did approve it but what needed this if he had been a Magistrate seing there was a command given to the Magistrates ver 5. and a command is more then an approbation Aquinas and Gerhard call him it is true a judge but we see no proof unlesse they could evince that he was a member of the Sanhedrin of which Gillespy speaks in his Aarons rod. lib. I. c. I. The Dutch Annotat. on Psal 106 31. Suppose him to have been no Magistrate but say that this fact was beside his ordinary calling His 2. answere is Pag. III. That suppose he had been a meer private person yet it could prove nothing because he did it with the approbation and good liking of Moses and so he is but the executor of that unanimous sentence Answ But not only is this not written but the scripture giveth another ground of his fact then any warrand or command of Moses And so his answere in rebus facti a non scripto ad non factum non valet consequentia is not to the purpose Now I say the scripture giveth another ground viz. his zeal for his God which is not spoken of the other judges who ver 5. were commanded of Moses to execute judgment yea that word Psal 106 30. then stood up Phineas and executed judgment clearely hinteth at more then his being a meer satelles Magistratus and the ample reward which was given him and the Lord 's counting it to him for righteousnesse speak some other thing then that he had a call of the Magistrate and was his executioner In the 3 place he sayes The cases are different for then was horrible idolatry and villanous whordome committed avowedly and with a high hand in the sight of the Sun and in way of open doing despite to God but it is not so now Answ Prudence might have taught him to have concealed this for it were easy to draw such a parallel as would make him afrayed if any did intend to follow that example For I am sure what ever he account of the present apostasy and how ever he mince it as no doubt zimri would have minced his uncleannesse when he justified the fact before the Council as he told us Iosephus said yet the apostasy and perjury is open avowed abhominable and villanous committed in the sight of the Sun in despite of God and maintained as right and lawful howbeit it be such as the very heavens may be astonished at For such open avovved malapert vvickednesse defection and perjury all things considered vvas never heard of in any generation Hovv our reformation aud confession of faith is maintained vve have heard and albeit he make all the change to be only a change of the exterior forme of Church government yet when he is before his judge he shall finde in the cup of this iniquity manifest avowed perjury overturning of the work of God destroying of the interest of Christ blasphemy near unto that unpardonable sin if not the very same in fathering the works of the right hand of the Most high on Satan open and avowed persecution of godlinesse opening of a gap to all licentiousnesse horrid iniquity increase of idolatry villanous and avowed whordome Sodomy atheisme and devilry and more wickednesse then tongue can tell or pen can paint out but is on clear record before the Lord. 4. Sayes he Let it be so that he was a meer private man and had no warrand from the Supreame Magistrate to do what he did his fact cannot warrand Men to attempt the doing of such acts unlesse they can shew as good warr and and approbation from God as he could Answ That he had God's warrand and approbation vve do not doubt but that it was such an approbation as was peculiar to extraordinary un-imitable acts is the thing in question we grant with him That God is the Lord of all Magistrates and of all men's lives can when it pleaseth him crosse ordinary rules and apppoynt some to execute his judgments extraordinariely but the question is whether every thing which the Surv. accounteth extraordinary is so indeed He may sayes he send Moses to kill the Egyptian Eglon to kill Ehud he should say Ehud to kill Eglon Elias to destroy companyes of men with fire from heaven or to kill Baal's Priests He may command Abraham to kill his sone Isaac he may excite David to a bloody duëel Sampson to murther himself Ans Will the Surveyer account these instances alike extraordinary and unimitable Sure Royalists will think that Ehud's killing of Eglon may warrand any private person now to kill a tyrant without title But I lay more weight upon Iohn Knox his distinction in this matter in his debate with Lithingtoun hist. of reformation Pag. 390. edit in fol. And as touching sayes Mr.
forth unto us and pitch upon as the peccant and procureing cause 7. Though we could not satisfy wrangling wits touching the equity of this which yet the common and ordinary practice of men forfaulting a whole posterity for one mans transgression will not suffer us to account insolent yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word and beleeve that for these causes such and such plagues were inflicted upon distinct and different persones because the spirit of truth sayeth so 8. As all Scripture was given by the inspiration of God and is profitable for doctrine for reproof for correction for instruction in righteousnesse that the Man of God may be perfect thorowly furnished unto all good works 2 Tim 3 v. 16 17. So these particular passages so particularly described are written for our learning Rom. 15 ver 4. and are out examples that we should not do as they did 1 Cor. 10 v. 6. and are written for our admonition 1 Cor. 10 ver 11. And therefore we must not look slightly upon them but ponder then narrowly as so many documents given us for our use and instruction and particularly that we may take warning to prevent such evils Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions 1. That no man is involved in divine judgments and punishments for the sinnes of others as the deserving cause of his punishment if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers nor involved in the punishments of the same meerly upon the accouut of his tolerating the sinnes or not violent resisting the Magistrate in his sinful courses Answ Not to enlairge on these now because of what he is to say in explication of these we are then to speak I would only at present enquire 1. What accession had the army of Israel which was defate by the Men of Ai a stroke which made Iosua rent his cloaths and fall upon his face to the Earth until the even tyde he and the elders of Israel and put dust upon their heads unto the sin of Achan And why doth the Spirit of the Lord say Ios. 7 v. 1. That the Children of Israel had committed a trespasse in the accursedthing And againe ver 10 11 12. And the Lord said unto Iosua Get thee up wherefore lyest thou thus upon thy face Israel hath sinned and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff Therefore the Children of Israel could not stand because they were accursed neither will I be with you any more except yee destroy the accursed from amongst you Though we can learne of no accession which they had unto this particular fact yet we see the whole body is punished as guilty and must be legally purified and sanctified and purged from that contagion 2. What accession had all these who suffered in these three yeers famine which was in David's dayes unto that bloody act of Saul and his house which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left or were borne possibly 3. What accession had the children unborne to the third and fourth generation unto the sinnes of their forefathers and yet the holy Lord thinks good to visite their iniquities on them 4. What accession had the People unto David's sin of numbering the people doth not David himself say 2. Sam 24 ver 17. But these sheep what have they done But let us heare how he explaineth this A certane thing it is sayes he that God doth not properly punish any man but in reference to his owne personal sins as the deserving cause of the punishment albeit he may and often taketh occasion in his wise providence to punish men for their owne sinnes from the sinnes of others and in that only sense they may be said to be punished for the sins of others But every soul suffers for his owne sin Divine justice finding causes of punishment in every one that is punished either their personal accession to the sinnes of others which is their owne sin or else some other sinnes for which he may in justice inflict the punishment upon them albeit the impulsive cause or occasion rather for punishing in such a manner and time c be from the sinnes of others Ans 1. Though vve desire to be vvise unto sobriety in this matter and not to meddle vvith matters beyond our reach yet vve think it saifer to speak in the language of the Holy Ghost then in the vvords of this Surveyer vvho giveth us no Scripture for vvhat he sayes The expressions of Scripture hold forth some thing more then a meer occasion It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture when the Spirit of the Lord sayes that Israel had sinned and therefore could not stand before their Enemies because they were accursed and that till this accursed were taken from amongst them he would not be with them any more 2. He vvould do vvell to explaine to us vvhat he meaneth by a proper punishment and vvhat is the opposite tearme thereunto 3. We grant divine justice findeth deserving causes of punishment in all in whom is original sin but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke but the sin committed by another vve ought to look on that mainly as having a procureing causality in that affliction 4. How ever we see he granteth one may be punished for the sin of another or upon occasion of the sin of another as he loveth to speak to which he hath no personal accession 5. If these sinnes of others were only the occasion of punishing in such a manner or time how cometh it that the very punishment it self is removed upon the taking away of that sin according to God's appoyntment and God is pacified toward the whole as he was vvith Israel vvhen Ahan vvas killed and Seven of Saul's sones hanged up 6. But whether vve take these sinnes of others as impulsive causes or occasions of such punishments This is cleare That if these sinnes had been prevented these punishments had been prevented also so that if Saul had not gotten liberty to have staine the Gibeonites in his bloody rage contrare to oath and Covenant these three yeers famine had not come And if David had been hindered from numbering of the people and had not gotten his vvill these Seventy thousand had not died then as they did And seing no other cause or occasion is rendered of this it vvould clearly warne all in a Community and Society to labour by all meanes according to their power and places to hinder the Committing or removing when committed of these sinnes which bring heavy plagues on the Community The Dutch Aunot on 2 Sam. 21 1. say that
goe upon for private persones violent resisting the Magistrate viz. the abuse of his power if they hold good will as effectually evince a non-subjection violent resistence to Parents and Masters in abusing their power Answ We say not that the Magistrate's abuse of his power is the only ground of resistance this should have been shewed and not said barely as it is here But when other things give ground of resistence yea and a call thereunto it is enough for us to say that we resist not the power but the abuse of the power 2. Though we walked upon no other ground which is false as is cleare from what is said yet his consequence would be null unlesse he should affirme which yet he dar not That the Magistrate is under no other obligation to his Subjects then Parents are to their Children and Masters to their Slaves But what sayes he 2. as death is not so no punishment unjustly inflicted is eligible where lawfully it can be warded off But this is the state of the question if private persones may lawfully violente the Magistrate abuseing his power if in greater evils unjustly inflicted there is alwayes a liberty for inferiours violently to re-offend the powers above them Why not in lesse evils too These gradual differences of inflicted evils cannot make such variation in the poynt of duty seing the grounds hold equally strong if a man may resist the Magistrate for abuse of his power he may do so also against his father or Master on the same grounds and if he may not so deal with them he may not deal so with the Magistrate neither Answ It is true that no punishment unjustly inflicted is eligible where lawfully it can be warded off but there may be more said for the lawfulnesse of warding off of death then for warding off a little blow And 2 there may be more said for warding off a blow then for warding it off by violenting the Superiour We speak not of violenting the Superiour but of warding off the blae and bitter blowes and such other iujuries equivalent to death done by his bloody emissaries which may be done without violent re-offending the powers above us 3. When the injuries are great and grievous and not easily reparable God and nature will allow a warding of these off even by violence when they can no otherwise be shuned Though a Childe may willingly Subject himself unto correction though he do not really deserve it yet if his father in stead of taking a whipe to chastise him shall take a sword to hew him in pieces or a knife to cut his throate I suppose in that case the Childe may refuse hearty subjection and either flee away or if he cannot save his life so long as he can either by calling for help or with his owne hands if he be able And here he will grant I suppose that the gradual difference of inflicted evills will make a variation in poynt of this duty of resistence So in smaller injuries subjects may be patient and beare a little for redeeming more and rather suffer the losse of little then hazard all but when it comes to an extremity and Life and Religion and Liberty and all that is dear to them as men as Christians is in eminent and unavoydable hazard then they may lawfully stand to their defence and resist that abused power not meerly nor only nor formally because it is an abused power but because it is so abused as that it destroyeth the ends for which it was appoynted and destroyeth all that is deare unto them and which they are bound to defend upon any hazard if it be in their power because the losse is irreparable Though a gradual difference of evil inflicted do not vary the spece of evil inflicted the least evil inflicted being an evil essentially as well as the greatest to him who doth inflict it yet it may alter the ground of resistence not only of superiours but also of equals and inferiours for I may beare with a smal injury at the hand of mine equal and inferiour and not so much as seek reparation by law when I see that either the matter is not tanti or that I shall expend more in regaining my owne then all my losse was But will he think that upon this ground it will follow that if mine equal or inferiour shall endeavour by fraud or falsehood to take from me my whole estate I may not then sue him at the law and vindicate my owne Sure it were irrational to say so 6. This will speak as much against resisting of the inferiour powers as resisting of the Supreame For they are metaphorical Fathers too and superiours over us as well as the Soveraigne and the comparison will hold in the one as well as in the other Now if he think that the concurrence or command of the Inferiour Magistrate will not warrand Subjects to resist the Supreame He must also say that the concurrence or command of the Superiour will not warrand a resisting of the inferour and so it shall be alike unlawful to resist any if this comparison hold according to his urging of it For it was not lawful for the Childe to resist the Mother but to suffer patiently her chastisment though the Father should have been indulgent and would have pardoned the Childe or extenuated and excused the Childe as not guilty of the fault alledged So was the childe also obliged to be Subject unto his Father's corrections though the indulgent Mother would have taken the Childe's part against the Father 7. The Servant was to bear buffets patiently 1 Pet. 2. after Christ's example was not to buffet againe for Christ being reviled did not revile againe and so the place speaketh not against resistence for self defence but against buffeting againe which is no formal warding off of blowes floweth not from sinlesse nature seeking to defend it self but rather from a spirit of revenge So that for all this the Servant might have warded off blowes and saved his head with his armes when his cruel Master was seeking to break his head 8. It is one thing to speak of what a Childe may do who hath no power to resist his father or what a slave is called to who hath no power or probable way to resist his Master another thing to speak of what a Nation or a Considerable part of a Nation may do against a few whose unjust violence they are able to resist 9. The maine ground of this argument is a mistake for he thinketh that patient suffering is inconsistent with resisting But Lex Rex quaest 30. Pag. 281. hath shewed a consistencie but it is his best according to his usual custome to passe over such things as he cannot answere So that the consequence is a meer nullity for because servants are to suffer unjust buffetings at the hands of their wicked Masters It will not follow That therefore they are obliged in conscience to non-resistence
and reproaches He vvhether he had medled with this work or not the rest with their underlings are the true hirelings wolves destroying the flock of God in this work thought there be not otio sum silentium there are otio sa verba and vvorse praetereanihil and an unvaliant impudent affronted pleading for untruth tyranny and vvickednesse vvhich is neither a product of prudence nor magnanimity And vvhen he hath cited Prov. 26 5. and Tit. 1 10 11. he hath adduced his ovvne Doom and accordingly he is ansvvered and his mouth let it be is vvide as it vvill gaged and stopped not with butter which is unfit to stoppe a breathing mouth but vviht more solid stuff so that vve are confident the gangraene of his vvords shall not creep far not infect such as are cleane and as for such as are uncleane they owe their infection to some other not so innocent in vvi● and parts as he is 11. Novv the dye being cast and he resolved to say something he is as much perplexed anent the way of handling this businesse Yea he sayes There is a greater difficulty in dealing vvith this Man of no forehead or if he have any it is of the hardest metal of little conscience but of infinite loquacity and of a most unbridled tongue vvhich is a treasure of all revileing language Yet he finds him and vvill possibly yet more finde him a man vvhose fore-head is of harder mettal though not in impudency shamelesse audacity then he is able to stand against and a man of more conscience then to contradict himself either in vvords or deeds as this verlumnus a man of a debauched conscience doth a man not of infinite loquacity or of an unbridled tongue vvho repeateth not the same thing over and over againe ad nauseam us que nor one who speaketh non-sense at randome as this poor pamphleter doth but a man of more solid reason and nervous succinct expressions then he vvas able to comprehend And vvho so shall compare the tvvo together shall finde he hath put the saddle on the vvrong horse But where did the difficulty lye The great difficulty vvas sayes he hovv to moderate and temper a stile of vvriting tovvard such an one difficile est satyram non scribere contra satyrum for hardly can a man meet in any book vvith more bitter invectives against all authorities and dignities appoynted and approven of God then are here to be found all that have gone that way before him seem but Children in vvickednesse in comparison of him he deserves to be in the first classe of these Jude v. 8. Who despise dominion and speak evil of dignities Answ Naphtaly it is true is no base sycophant nor slatterer nor is he because of free and faithful holding forth of the wicked and sinful carriage of these in authority and of these who have usurped authority to be accounted a writter of Satyrs or of invectives else the Prophets writings shall not escape that sharpe censure Nor is he upon this account to be reckoned among far lesse to be put into the first classe of these who despise dominions c. unlesse by this ignoramus who knoweth no medium betwixt base flattering of dignities and speaking evil of them Yet in the following part of that Paragraph he sayes he deserveth well because of his plainnesse though it be but his sancy to think that Either King or Nobles are in hazard to be dispossessed by private persons in a Phine as like Spirit yet he is truely and especially afrayed of the ministry and mainly of the Bishops because such strokes approach neare to himself and the burnt Childe feareth the fire And his fear blindeth his eyes so that he cannot see to read Naphtaly a right And I think no heroik person will desire to imbrew their hands in their blood who are far below the wrath of a man far more the indignation of an Heroik person though they shall never be found innocent be pursued when they will He but lyeth when he sayeth in the following words That Naphtaly with his tragical oh's awakeneth the rage of the rudest multitude which becals Zeal of God to execute judgement on them that the fierce angco of God may be turned away Nor doth he tell them if they do not so they are plagued with s●upidity and blindnesse It is true which he sayes that All soris of Rulers in the land may see their dittay and their doom drawne in that book But no otehrwise then as the word of God giveth warrand and there they would read it and repent in time lest they sinde it verified He is but like himself a false lyar when he sayes that Naphtaly Discovereth the malicious cruel and bloody designes of his party For they have no malicious cruel nor bloody designes their only designes being to maintaine their integrity and their reformed Religion which Enemies combined against Christ are seeking to destory This man imagineth a snare where there is none but seeth not the snare which Satan and his owne hands are setting for his soul neither will he and the rest take warning though the word of the Lord do clearly discover wrath and vengeance at hand and whether then they be worthy of a faire hood and bells Let any judge but sure I am they shall one day see their folly and madnesse and write Abner's Epitaph over themselves But we wish them rather repentance and to be wise in time not against their will but willingly 12. And furder ibid Pag. 13. he tells us It were irksome and unsuteable to one who desireth to keep the constant compsure of a Christian Spirit to indulge an humour of retaliating And that he is at a great disadvant age because it almost transcends in his apprehension humane patience to treat mildly with such an insolent one O! Who would not pity this man who is put off the constant composure of a Christian Spirit But can he be in the composure of a Christian Spirit who is so easily moved off it by that which should rather settle him in it Can his patience be good which is so stirred by hearing of truth told And who can think that he hath been of any composure of a Christian spirit who hath not indeed indulged an humor of retaliating but of brawleing in a transcendently insolent manner without ground given being transported beyond the bounds of humanity let be humane patience Then Pag. 14. he Sheweth what reason he hath to use a more then ordinary vehemency of a keen stile saying Shall Masters of consusi●n as if he were not a Davus Indulging themselves in their proud moro suy ●unworthyly demeane themselves toward the sober defenders of the truth but who are these And will not this be a sufficient Apology for them to put forth some sting But good Sir I fear your sting be gone long since because you are become a drone We have seen your good will to shoot your sting