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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.
defence without the conduct of their representative cannot in every case be condemned particularly not in our case now The antecedent I say is abundantly proved in the books mentioned which this windy man thinks needlesse to run out upon but he might rather say he thinks impossible to answere and beyond his poor strength to graple vvith as he sayeth Page 20. vve must then take some notice of vvhat in that Page vvhich he thinks sufficient to oppose unto the many arguments produced by them he is pleased to present what sense sayes he the people of Scotland when they have come to liberty have of these armes their late representative have declared and it were to be wished that the memory of such wayes were buryed that the posterity might never look upon them as exemplary Their progenitors have so deeply drunk of the bitter fruites of the same the result of them having been so much sin shame and sorrow vastation confusion and destruction to Princes and People I answer 1. What that liberty is which the people of Scotland are now come to who can see it for the perfect slavery and bondage they are sold unto A freedome he talkes of when all our libertyes are sold and we given up as bond men and bond women unto the lust of a Man and are denyed the very liberty which is the privilege of all free subjects yea and that which is the birthright and native privilege of all men viz. to supplicate petition or to pray what liberty can he then meane unlesse the liberty which is licentiousnesse to forsake God and our Covenant to turne Apostats from his truth and our profession to sweare foresweare to drink debauch whore commit sodomy all sort of wickednesse without curb or controll Is this the liberty he understandeth Sure all true christians and such as feare the Lord account that develish slavery and bondage 2. We know what this late Representatives have done but whether therein they have acted the part of Representatives and given the true sense of the people of Scotland will it may be be considered when He and I both are rotten Sure they never had any expresse yea nor tacite commission from the people of Scotland to give up all their necks to the stroke the axe as treatours and rebels for doing nothing but standing to their owne defence against manifest tyrranny and oppression of both soul and body and to condemne them and their worthy progenitors who valiently stood for the truth and the libertyes of Church and State to the losse of their lives and fortunes and to proclame and declare themselves guilty before God and Men of all the blood that was shed in that warre though most lawful and laudable 3. We are persuaded let him with what he will the memory of these memorable wayes shall never be buried but shall stand as exemplary monuments to succeeding generations when God shall think it meet to animate them with the spirit of courage to free the land of tyranny and of domineering abjured prelats withal their taile and traine and wise men will think that his Representatives have not taken a course fit for burying the memory of these wayes but rather a way to revive afresh the memory of them and to commend them more to the thoughts and hearts of all who love and pray for the comeing of our Lord's Kingdome 4. What bitter frutes these are which he sayeth our progenitours have drunk so deeply of we know not They lived and died such of them as owned and stedfastly adhered to that cause and Covenant in honour and peace and their names shall be in perpetual remembrance when his and the names of the rest of this perjured Malignant apostate faction shall rot We needed not have feared that either sin shame sorrow vastation confusion or destruction should have come to Prices or People if we had prosecuted the ends of our Covenants with zeal and faithfulnesse according to our manifold vowes promises solemne oathes and ingagments But what ever of these have followed should be and will be rightly fathered on our defection and lose of zeal And what sin and shame and sorrow vastation confusion destruction shall now follow both to Princes and People if they repent not upon this unparallelable defection Apostasie whereof now they are avowedly guilty none who is not an utter stranger unto God his faithful word and dispensations but may without any extraordinary Spirit of Prophecy foretell Next he tells us That these disputes proceed upon a most untrue and malitious misrepresentation of matters of fact upon two false hypotheses Let us heare what are those As if sayes he the King had been the first invader of the Nation whereas it is known his authority was first invaded his lawes trodden upon kis proclamations openly despised his castles violently seised his armes he took were notinvasive against the Nation but defensive of his owne authority of his lawes and the persones of orderly walking subjects and for reduceing these who strayed from their duty Answ Quis tulerit Gracchos de seditione querentes Who would suffer such a manifest notorius lyar to say that others made misrepresentations of matters of fact But 1. Do not all who then lived and yet read the publick papers and other acts that passed then know that through the instigation of some false perfidious fugitive Prelates the King was stirred up to make warre on Scotland ere ever they thought of any such thing Was not warre concluded both by sea and land Was not free tradeing taken away Were not the Scottish Nobility at court made to abjure the National Covenant and the General Assembly at Glasgow was there not a declaration emitted Feb. 27. publickly read in all the Churches of England wherein the faithful subjects and Covenanters in Scotland were tearmed Rebels Were not Berwik and Carlile frontier cities strongly fortifyed and garrisoned Was not the Earle of Huntly made Governour of the North of Scotland and had some foure or five thousand men in armes for the King Was not Aberdeen fortifying it self to take in the King's navy of shipes when it should come Was not the Marquis of Douglas Lord Haris ready to rise with the Papists in the South of Scotland Was not the Deputy of Ireland prepareing men to land them in the West of Scotland Was not the Earle of Arundale made the Kings General and was not the King to have his rendezvouz at York in Aprile and all the English Nobility commanded to attend him there by a letter written Ian. 26. before the faithful People of Scotland had any army in readinesse What impudency is this then to say the King was not the first invader of the Nation And as for the second expedition Anno Dom. 1640. managed and carryed on by the Parliament it was abundantly verified by their publick papers that it was purely defensive And it is notour that before the leavy was made and appointed
done by the encouragement and assistance of the Spirit of God And if any should reject this instance as impertinent because they suppose Antiochus was not their lawful Supream Magistrate but only a Tyrant without title let them heare what Grotius de jure belli pacis lib. 1. c. 4. n. 7. sayeth to this Like unto this appeareth that deed of the Maccabees for whereas some think to defend these armes upon this gronnd that Antiochus was not King but an invader it seemeth foolish to me seing in all the history of the Maccabees and of such as took their part they never name Antiochus any thing else but their King and that not without ground for long before this the Iewes had acknowledged the authority of the Macedonians unto whose power and place Antiochus did succeed as to that that the law forbiddeth that any stranger should be set over them that is to be understood of a voluntary election and not of what the people might through necessity be forced to do And whereas others say that the Maccabees used only the right of the people cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deberetur Neither is that solide for the jewes being at first overcome by Nebuchadnezar and subjected to him by the law of warre by the same law they did obey the Medes and Persians who succeeded unto the Caldeans and all this Impire came at length into the hands of the Macedonians hence it is that Tacitus reckoneth the jewes amongst basest of such as served these Assyrians Medes and Persians Nor did they require any thing by stipulation from Alexander and his successours but without any condition gave themselves up unto their power as formerly they had been under the command of Darius And if at any time the jewes were permitted to use their owne rites and lawes that was but a begged right which they had through the indulgence of the Kings but not through any imperial law So that there is nothing that can defend the Maccabees but most imminent and certane danger thus he 2. The constant practice of the Waldensian protestants in Piedmont doth shew that this late practice is not so strange uncouth as adversaryes would give it out to be for they never had a Representative to be a screen betwixt them and the tyranny of their princes and yet how oftintimes have they valiently with stood such as came to oppresse them in goods and lives though cloathed with commission from the princes In the yeer 1580. being persecuted by the Lord of Trinity and their popish Soveraignes they assembled solemnely together to consult how to prevent the imminent dangers and after prayer and calling upon God for his grace and spirit of counsel and direction they resolved to enter into a solemne mutual Covenant and to joyn in a League together for defence of Themselves and their Religion and so accordingly did assist one another in their defence which they did with good successe And that alwayes since whenever they were assaulted by the bloody Emissaries of the Duk of Savoy as any may see fully in their history So that whosoever will condemne the late defence must also condemne these poor oppressed protestants who have no other meane to keen them from utter extirpation but this innocent meane of felf defence and of repelling unjust violence with violence for Bonds Promises Covenants binde their Prince as such obligations use to binde some others viz. no longer then they see it for their advantage Neither have they any Representative Prince or Noble man among them to head their matters but meer necessity puts them to use the best expendient they can and forcibly to resist their oppressing Superiours when they send to spoile them of their goods lives and libertyes 3. Some particular cityes in Germany did defend themselves against the Emperour unjustly invadeing their libertyes and assaulting them as may be seen in the history of Germany particularly the Cities of Madenburgh and Breme 4 So in France the Cities of Montobane and Rochel and the Isle of Ree with stood the King when he was seeking to oppresse them And no man will condemne these for acts of rebellion and sedition unlesse they will also condemne our Kings who at least undertook and offered to help and assist them 5. It was this opposition and resistence of privat persons when tyrannized over by Superiours that hath brought the Cantons of Helvetia unto that state of freedome and liberty which they have enjoyed for many yeers and do enjoy this day being now a free Republick as Simlerus showeth in his history of that Republick 6. But that we may come home we finde some remarkeable instances of this nature which no man in reason who shall condemne this late defence shall be able to defend and to beginne with what may be most recent in our memories In the year 1648. There are two signal Instances The one was that violent resistence used against the Parliaments forces at Mauchlin moor Here was not only a resistence in defence of the truth and cause of God then sought to be borne downe and oppressed by a prevalent Malignant faction in Parliament without the concurrence of conduct of the Representatives of the land but directly against them Here was a defence used by way of resistence by meer privat persons without the company or concurrence of one Noble man And yet a resistence that never was condemned by any to this day expect ingrained Malignants but was approved and commended highly by the Parliament anno 1649. the best Parliaments Scotland did see for many yeers Againe thereafter in that same yeer 1648 The forces of the west Countrey arose in defence of the Cause and Covenant of God and that not only without the conduct of a Parliament but against their resolutions It is true there were some Nobles Parliament-men among them and countenancers of them but these acted not nor could act by vertue of any Parliamentary power but only as privat subjects having by reason of their greater interest in the land a greater obligation to lay out themselves and to improve their authority and influence in the countrey for the good thereof and for the cause of God They had it is true by their places and stations greater influence upon the Countrey and a greater backing and so being leading men were in a greater capacity to defend the oppressed truth but all this gave them no publick Magistratical power nor put them in the capacity of a real and formal Representative and yet all this was afterward approved ratified and confirmed by Parliament as good and necessary service to the countrey and to the cause of God A third notable instance is that Anno 1639. There was then no publicke civil judicatory carrying on that defence but Nobles and others each in their capacity and according to their power concurred for the promoveing of that necessary work of defence They did not acte under the notion of any such judicature nor
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