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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.
with the consent and Counsel of Presbyters but when And where And how What Will they walke by the consent and Counsel of the weakest and most ignorant of Presbyters weakest in their prudentialls Youngest rawest and most unexperienced stirplings Sure they being men of greatest gifts learning and knowleldge the wisest and most noted for purdence Men fullest of yeers whose judgment is consolidated and ripened for government will think it below them to rule with the consent and counsel of those And experience doth prove it 5. This noble disputant vvill come in the follovving words Pag. 7. and prove the Ius divinum of prelacy not only against us who hold it to be jure Antichristi but against King Parliament and all the Malignant cabal who hold it only Iure Caroli But the man's judgment is so consolidated and he is so vvell read in his prudentials that he must dravv bridle and speak spareingly and only whisper out what he would faine be at and say Can this way be disrelished by sober Christians being so strongly pleaded by the light of sound reason Nay rather by the light of ambition vanity vaine glory love of money luxury covetousnesse love of this present world more then the love of God and the edification of his Church As all who are not sworne slaves to the perjured prelates will confidently averre sub rosa Making so much sayes he for the comelinesse and order of Chrisi's Church Rather so much for the deformity confusion and destruction of the Church and of all true Church-order as not only all who have eyes in their heads will grant but the present frutes and effects cry out to all the world Being he addeth so suteable and correspondent to the ancient government of the Church of Israel wherein there wee Priests and chief Priests and several rankes of Ministers an order which was neither typical nor temporal but hath a standing reason reaching us O so bravely as this advocat pleads for the Pope hath he gote the promise of a Cardinal's cap for his paines Because there was one high Priest over all the Church must we have also one Pope Good Master Prelate prove your consequence for we see no such standing reason reaching us as to this nor as to what you would conclude the case being the same Being sayes he so conforme to the beginnings of Christ's ordering the New Testament Ministry where there were Apostles above the seventy disciples Nay rather so conforme to Antichrist's ordering of his Church for as the seventy Disciples were to be no standing officers in Christ's house so the Apostles had no superiority of order or jurisdiction over them they were intrusted with no inspection over these Let our Master Bishope with all his gifts learning and knowledge shew this if he can Being sayes he further so agreable to the Apostles constitution of the government of the Churches of the New Testament which was in an imparity of power in Ministers as is luculently exemplified in the power of Timothy and Titus who were not Evangelists nor ever accounted so by the spirit of God It seemeth then Paul was not acted by the spirit of God when he said to Timothy 2 Tim. 4 5. do the work of an Euangelist and since all the proof which he can bring of this is this example of Timothy and Titus let his consolidated and ripened judgment taking to help the greatest of his gifts learning and knowledge answere what Prinne hath said in his Unbishoping of Timothy and Titus and let him not thus stope our mouth with his raw and blunt assertions lest wise men think he hath neither gifts learning knovvledge prudence nor judgment but a rarifyed vvindy braine swelled to a great bulk vvith vanity and conceite as who but he who can confute all books hovv ful soever of unansvverable reasons vvith his bare I say otherwise And finally sayes he our ascended glorious Saviour having honoured persons with that precedency by letters written by his secretary Iohn unto them Revel 2 and 3. Chapt wherein he sheweth the approbation of their office and power reproving their neglects yet honouring them with the stile of Angels to the Churches or his Messengers in speciall manner which cannot without notable pervers●on of the Scripture be otherwise understood but of single persons presideing over presbyters Can no single person preside over prebyters except my Lord Prelate Or are all presidents or moderators of presbyteries Prelates Nay he will be loath to say so And what can he prove from thence though it were granted to him that this Angel was once single person which cannot be till Holy and profound Mr Durham's arguments be confuted which will be ad c●lendas Graecas but at most that this Angel was a moderator of the meeting Was he therefore the Lord Prelate No master Bishop your wit and learning both will not prove this And hath your new Order and dignity to which you are advance O Lordly Prelate infused no new gifts into you that you might fasten your chaire with some new nailes or arguments or are you so consolidated into the old temper of your predecessours that you must rest satisfied with what they said as having neither gifts learning knowledge nor wit to invent new things But could your lordly braine think of no reply to the solidanswers which poor weak ignorant and unexperienced presbyters gave long agoe unto these arguments Why then did you chant over the old song againe to make yourselfe but ridiculous Did you think that your word would have more weight then the solid reasons of that solid and Eminent divine Holy Mr Durham in his exposition of that place If so you must have a wonderful high esteem of yourselfe which will make all wise Men to esteem the lesse of you And this order sayes he Christs Church dear spouse having since that time retained in all places where Churches were constitute without exception in all times without interruption until this last age wherein through hatred of corruptions adhereing thereto under Popery and because of the enmity of the Popish Bishops to the reformation some have utterly without any reason rejected the office it self O irrefragable dictator Ex tripode he dictats like another uncontrollable Master What better is this out of your Mouth then it was out of old Bishop Hall'● the Remonstrator and confuted by Smectymnuus is this man able to answere al which Blondel hath said against this or learned Calderwood in his Altar Damasc or yet to answer what his dearer friend Stilling fleet hath said to this purpose in this Irenicum Why hath he not once noticed that which the author of Apologetical Relation hath said Sect. 1. Where he shewed out of History and by reason that Palladius was the first prelate that ever Scotland saw And this solifidian giveth us non causam pro causâ when he sayes that it was only the corruptions of the Prelates that made some without reason reject them whereas it