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.
either virtually or expresly approved and the worthy actors praised and highly commended as indeed they did deserve 9. None ever condemned these actions as treasonable and rebellious but such as were knowne to be real and heart-enemies to the work it felf no tongues were ever loosed against them except the imbittered tongues of sworne adversaries ingrained Malignants Enemies to God and godlinesse haters of the power of it These and none but these who are of their father the devil durst condemne the same And many hollow hearted professours among whom this Surveyer deserveth to be rekoned were forced against their hearts to approve of the same joyne in with the favourers maintainers of that noble cause so forceable was the light and the power of that Sprit that acted the worthies in these dayes who now have turned open Apostates from that truth and cause have adjoyned themselves unto that ever accursed Popish Prelatical and Malignant faction Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood that though he would have said all which Hell it self could have prompted him unto yet durst say no more of these first courses and practices but that they were Violent and disorderly And this Rabshaketh the Surveyer who in the end of his book having reserved the dregs of what he had to exscreate against the work of God and his worthyes until then Pag. 118. c. would out-stripe his predecessours and spevv out his venome like another adder of the same spavvne yet the overruleing providence of God hath so curbed him that he gote not liberty to run the full length he vvould and therefore he sayes We cannot justify all courses that were used then for carrying on the work of reformation and againe if some instruments thereof were guilty of sedition or sacrilege or self seeking and againe if sinful courses were then used by men and againe Pag. 119. Let us not stand superstitiously upon the justifying of all their deeds Who sees not this wicked mans Mouth bridled by the restraineing power of God so that he cannot he dar not plainely and expresly call these courses seditious or rebellious but cometh on with his Ifs and if some instruments and all their courses cannot be justified as if in the most laudable work to which men might have a most cleare call some accidental or circumstantial actions might not abide the test and as if among a company some might not have by-ends while a good work was laudably and lawfully as to the maine carryed on Ay but this good man you will say is mighly in love with the work of reformation and blesseth God for it Pag. 118. 119. True we finde him say so in words but God knoweth his heart But is it not strange that fince he sayeth he approveth the work he will be more blinde then was that poor man in the gospel whom he mentioneth who had his eyes opened Ioh. 9. for that blinde man did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing and will not only not see the mighty hand of God in the instruments but tells us he is not much concerned to enquire But what needeth him much doubt of a divine call considering the work it self it 's end the direct tendency of the meanes unto this end the real christian intentions of the instruments which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ of prophane and unfaithful Ministers preaching of a leprous hand soweing seed of acts of fornication and adultery Why then doth he adduce such Instances so impertinent Wil he proclame himself a fool of the first magnitude in so doing Ay but he would have us following the practices of the primitive christians who never used any undutyful resistence to or violence upon the Magistrats rather then the precedents in these dregs of time But why will he not follow their practices himself Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth Was it their practice to renunce their former profession and turne Apostates from the truth which once they avowed Was it their practice to turne their back on Christ and his interest for the will of creatures and for a mease of pottage Was it their practice to change their Religion with the court Concerning the practice of the primitive christians in this poynt and how imitable we shall speak afterward If these were the dregs of time wherein there was so much faithfulnesse Zeal constancy piety singlenesse of heart contempt of the world what dregs of dregs of time are we novv fallen in vvherein there is so much infidelity atheisme perjury falshood lukwarmnesse inconstancy imbraceing of this present vvorld and all sort of wickednesse and prophanity But sayes he Pag. 119. let it be so that much of the way of these who were at first instrumentall in the reformation in this Land were justifiable upon the account of purging the Church from the horrid grossnesse of idolatry corruption of doctrine tyranny and usurpation over poor soulls wherewith the man of sin had for many ages defiled and burdened the poor Church and upon the account of the open hostility to the truth wherein Magistrats then stood together with the inbringing of forraigne furious forces upon us even to the heart of our Land How unlike was the case then to what it is now and how unable is the case now to beare the burthen of a conclusion for such practices as then were used Answ But truely wise judicious Men will not see the case then so far different from what it is now as that the case now shall not be so able to beare the burthen of a conclusion for the same practices Seing there is this day as much horrid grossnesse of idolatry in the Land as hath been at any time these hundereth yeers And as for corruption of doctrine alas Who doth not heare it and see it that heareth these locust-curates preach downe all piety and godlinesse and harden people in defection and apostasy from God It is as great a corruption in doctrine as needs to be to pervert therein the right wayes of the Lord to lead people into the broad way which leadeth unto destruction againe what greater tyranny and usurpation over poor souls would he have then is now exercised since the perjured Prelates the kindely brood of the Man of sinne have defiled and burthened our poor Church The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it That the tyranny and usurpation is insupportable and as grievous as it was them Moreover is not the open hostility to the truth as manifest in the Magistrats this day as legible by such as run on all their acts and actings as it was then who seeth not this but he who can not see the wood for trees And as for
murdering or deposing of Princes by Subjects who are not his judges And what his word approves not his providence doth not approve To say that God animates his People to such actions is blasphemy albeit he extraordinarly may stir up the spirits of some to actions not according to the ordinary rule as in the times of the judges but they were sure of their warrand from him the like whereof none have ground to waite for now Answer Certainely God's Word declareth that the persons of Kings how sacred soever he account them are not inviolable when it threateneth destruction unto them whether by their owne Subjects or by strangers and when these same judgements are executed his providence declares that they are not uncontrollable or inviolable 2. His adversaryes vvill tell him that the deposeing of Tyrants or the executing of justice on them is no sinful Murther nor sinful deposeing of Princes 3. If he had once proved that such actions as these vvere horrid and sinful then he might say that it vvere blasphemy to say that God animates People unto them 4. How did God animate Iehâ—jada and these vvith him to depose and kill Athaliah To say she vvas an usurpers vvill not help the cause for he vvill not have usurpers killed by the Subjects novv seing vve have no ground to expect such an expresse vvarrand to rise against them as the judges had and yet certanely these against vvhom the judges vvere animated vvere Tyrants vvithout title And thus we see this Surveyer out stripeth all the Royalists that ever wrote before him and not only will have the persons of lawful princes though flagitious and tyrannous sacred and inviolable but also the persones of the most manifest usurpers for he sayes that it was not according to any ordinary rule that God stirred up the spirits of some to make head against these Tyrants that oppressed the people of God in the dayes of the judges but extraordinare which motions we have no ground to waite for now And so this advocate cometh at last to plead as much for the exemption of Cromwel as of the King And if this be a faithful advocat let all the world judge and let the author of the pamphlet intituled Killing no Murther rebuke him for his impertinency and ignorance He tels us thereafter how The Apologist labours to produce many instances of the Parliaments of Scotland punishing Princes for their enormities all which he setteth forth as laudable and imitable presidents and examples Answ The author of that Apologetical relation driveth at no such designe there but only cleareth thereby that the Kings of Scotland have not a supremacy above Parliaments but that rather Parliaments are above them for they have punished them He addeth The most that all of them amount to is nothing but the insurrection of Nobles Proceres as Buchanan calleth them against the Kings and violent oppressions of such of them as have been flagitious and tyrannous-but neither Buchanan Nor this Apolog can produce any one instance of our lawful Parliaments or Peoples taking on them in a judicial way in cold blood aud under formes of processe to punish or destroy their Kings Answ What if his adversaries shall be contented with a shorter processe shall supercede many formes of legality which use to be followed with other notorious Malefactors Is not this a brave Goliah that cometh out to defend the King 's sacred person when all which he at length can do is to defend him from being adjudged in a formal mode to losse his head and his Crowne that he shall not be called publickly as other Malefactors are to the judges barr and there be impannelled as a Tyrant and Traitor to God and the Countrey If this man deserve his wages let wise Men judge seing all know that there is greater difficulty in taking away Tyrants then in taking away other Malefactors And that hardly can such a legal way with all its formalities be followed with them which is followed with others And that sometimes some Malefactors though they were never Princes must be sentenced in a more brief manner and privately also and yet it is all one upon the matter if the man be guilty and really condemned by his judges And so it is all one if a Tyrant be adjudged worthy of death or deposition by a Parliament the Representatives of the People and accordingly cut off from government or out of the land of the living whether it be done by a publick Messenger with sound of Trumpet and by the hand of a publick lictor and executioner on a publick scaffold or by force of armes vvhen the former meanes cannot be saifly used nor so securely And it vvas not the insurrection of nobles as such but as proceres and primores Regni that were instanced and of lawful Parliaments such as were used in these dayes sentenceing and condemning Kings for tyranny and other misdemeanours Let him read the History of these times written by Buchannan and Grafton and he will finde it so particularly let him see and consider how Ferlegus was adjudged worthy of death but for Fergusius his Father's sake was only imprisoned and thereafter with the unanimous consent of all being suspected guilty of the death of Feritharis put from the Crowne see why Therëus when he had filled the land with robberies fled to the Britones Was it not because the Governours had a minde to punish him Was not Even the 3. put in prison Was not Dardan for his wickednesse and blood pursued by nobles and People his head cut off his corps throwne into a jacks Luctatus at length was apprehenped and executed His sone Conarus in face of Parliment accused apprehended and shut up into a hall with some few attendants his ill counsellers executed and a Viceroy chosen till the People should meet to make a new King Were not the Primâ—res Regni about to have deposed Constantine the first for his vices had not Douglasse disswaded them because of their warres with the Britons and Saxons Was not Ferquard the 52 King summoned to compear before the Parliament and because he refused was he not brought to judgment against his will and accused of many crimes and not being able to purge himself was he not cast into prison This looks like an act and execution of justice done in cold blood under forme of processe So did the Primores Regni intend to have punished Ferquard the second had not Bishop Colman disswaded them Was not Eugenius the VIII for his filthy lusts and vices covetousnesse and cruelty slaine by the general consent of his Lords assembled By whom and for what was Donald the 70. King cast into prison Who forced Ethus brother to Constantine the II. and for what to renunce the Kingdome and shut him up in prison Was not Culenus summoned to compeare before a Parliament at Scone Now the Surveyer is in his strength and disdaining to meddle with the libeller as he calleth him he will