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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.
sealing and perfecting the Canon of Scripture hath so bound him up as that he will not or cannot now give such a Spirit unto any 2. The question rather is Whether now when the Canon is sealed and perfected examples of Zeal and valiant acting for God and his glory in times of corruption and wicknesse in actions not contrary to the Law of God registrated in Scripture be not for our use and instruction and imitable When Naphtaly wished that all God's People were as Phineas He concurreth with him In wishing that they may be filled with zeal to his glory as Phineas was but not that they should have the same exercise of zeal unlesse they could be certified of their warrand and calling to do so as he was Ans That he was certified of his calling warrand we doubt not but that he had such a call as no man now is capable of is the question he hath not yet cleared it The Apostles of Christ sayes he are to us examples of zeal for God in their Ministery but who will say that the acts which they Zealously did by virtue of their extraordinary calling as Peter's killing Ananias are for our imitation Answ Peter killed Ananias and Sapphira by a power of miracles which none now have Phineas did not kill the Prince and his whore by a power of miracles Their examples are imitable according to our power and the exigence of the like necessity and therefore Ministers should novv out of zeal use Church censures against such dissemblers when discovered And so we grant that to follow at the facts of them who have been truely Zealous for God were indeed an evil Zeal like the zeal of the Disciples Luk. 9 ver 54. and we shall willingly hearken to Peter Martyr's his words Loc. Com. Class 2. Cap. 9. and grant-that We must beware to confirme any thing which we vehemently and extraordinarily desire by the exemple of predecessours And that when we attempt the doing of any thing contrary to ordinary commands of God it is not enough to produce the example of others but we must search by what Spirit we are led lest under a specious pretext we follow carnal affection and prudence And yet say that in some cases private persons may execute ●udgement on Malefactors after the example of the Prophet Elias killing Baals Priests 1 King 18. Which fact Peter Martyr in the same place n. 4. defendeth thus I say it was done by the Law of God for Deut. 18. God decerned that the false Prophet should die and Cap. 17. the same is said of private Men and Women who would worshipe idols But Cap. 13. not only is death threatened against a seduceing Prophet but a command is added that no man should spare his brethren the Son of his Mother nor his son or daughter nor his dearest or most intimate friends Thirdly it is commanded that the whole city when it becometh idolatrous should be cut off by fire sword And Lev. 24. it is statuted that the blasphemer should not live to which we may adde the Law or equity of Taliation for these Prophets of Baal caused Iezebel and Ahab kill the servants of the Lord. He sayes it is true that King Ahab being present did consent and did not withstand but we see nothing in the text shewing that the Prophet founded his fact upon that consent It is true the King might have been so astonished by that prodigious sight that he durst not spurne against the Prophet and all the People But that for all this he gave any expresse command either through fear or desire to have raine or that the Prophet either sought or had his warrand and command for what he did we see no ground for it in the text More then Samuel had warrand of Saul when he killed Agag before his eyes whom he should have killed himself according to the command of God Thus have I answered all which this pamphleter hath said concerning Phineas his fact for what followeth to the end of his pamplet is not much to this matter hath been spoken to formerly and though I have done so I would not have the Reader to think that I do look upon that example of Phineas as a binding precedent in all times to all persons unlesse it be every way so circumstantiated as it was then And furder I suppose it will fully satisfy this Surveyer and stope his Mouth abundantly if I shall secure him from any such dag or dagger To which End because I can do no more I do heartily wish That none of God's People do in that manner defile their fingers on him or on any of his cursed fraternity to whom God is reserving if they repent not the vengeance of hell fire and possibly a visible stroke of justice on Earth in a way which will be more to the glory of God and to the satisfaction of all such as love his cause and his comeing CAP. XXI Some Animadversions upon the Surveyer's Virulent preface and Title-page WHen thus we have fully examined and confuted vvhat this Enemy hath said in this part of his Survey It will not be amisse till we see what he sayes further in the following part or parts of this infamous work of his to touch a little upon his Title-page and his most bitter and satirick preface which is a perfect proof of the man's Spirit for he cometh forth in his owne colours with his tongue speaketh no flattering words nor words of butter but both heart and tongue are full of gall and worm word So that his Name should not be Honeyman but Wormwood-Man or Man of gall 1. He calleth his work a Survey Or rather a Superficial view For No man who ever put pen to paper took such an overly look of the books which he pretended to answere as this Man doth of these books which he mentioneth in the title page of his scurril pamphlet as hath been abundantly already shewed And if he do no more in the following part or parts then he hath done in this first part he may deservedly bear the name of a Superficial prelate superficially viewing his adversaryes forces superficially managing the tottering cause for which he should have been superficially rewarded 2. A Survey of what Of the insolent and infamous libel Entituled Naphtali c. But whether his railing pamphlet or Naphtali do best deserve the title of an insolent and Infamous lybel let the Reader judge when he hath considered first that as Naphtali came forth without the author's or printer's name prefixed for which every one may be convinced there was sufficient reason seing such hath been and is the wickednesse and cruelty of corrupted tyrannical Courts and of none more then our Court novv in being that none durst without manifest hazard openly rebuke in the gate or in printe shevv the iniquity of their vvayes Yea Or vindicate such as oppose their tyranny and cruelty So doth this Survey vvhose author could be
tells us That Naphtaly Doth let fall such tenets as smell too rankly of the foul scum of the high flown Anabaptistical and Enthusiastical way while he sayes Pag. 21. c. That meer privat men may now a dayes take their impulses of Zeal as a sufficient call to pull downe all Magistrates from their seats which they abuse to execure judgment upon them and to place themselves in their roomes But of what spirit this man who is of his father the devil who was a lyar from the beginning is vve have seen And this particular will abundantly discover to such as look the place and consider what we have said And no better is the next particular which he citeth out of Pag. 105. Where the author is opposeing that notion of an external call not unto lawful ordination which presupposeth it but unto such a mock ordination whereby such are put into the ministry who have no visible evidence of the call of Jesus Christ as in reason or charity can oblige any to receive such as truely sent Thereafter he draweth the parallel in five particulars The first is this That the Anabaptists laboured to overthrow Magistracy and deny them to have any power in Church matters But can he or dar he say that we do so do we say with them that the office of the Magistrate is not necessary among Christians Do we say that Magistracy is not the ordinance of God Do we say that Kingly government is unlawful as they said abuseing that place 1 Sam. 8 7. Do we say that a Christian may not exerce the office of a Magistrate Do we say that a heathen may not be a Magistrate Do we say that an ungodly Magistrate is no Magistrate Do we presse that place Luk. 22. The Kings of the gentiles c. Any otherwayes then against superiority among Church men With what face then can be draw a parallel here The next is That they studyed to overthrow the ordinance of the ministry declaiming most bitterly against all in that function as Hirelings Thieves Wolves c. But can he say that we cry dovvne a ministery as no ordinance of Christ or as not necessary can he say that we affirme an external call to the ministery needlesse Is it our work to exclude faithful ministers from the esteem of Gods people Hovv can the impudent man alledge this of us Be like because we cry out against him and his fraternity and their reptilia profane wretches of the second-order as no lawful ministers of Chriist being perjured profane apostates never called of God to that functction nor duely and orderly called of Man But in this he and his party come nearer to the Anabaptists then we The. 3. Is that they work division in the Church of God and move people to forsake Church meetings and to follow them in private conventicles But then it seemeth all protestants Who presse Papists to forsake their Masse Assemblies and Masse Priests and rather meet with the Orthodox and that in conventicles are Anabaptists And it seemeth this man would not presse Heathens to leave their publick idol worshipe and serve God in secret conventicles such a publik and peacable Man is he lest he should be accounted an Anabaptist But wee see no connexion betwixt our being Anabaptists and pressing People to forsake Their assemblies and to hear the true and faithful servants of Christ in private who cannot have liberty to preach in publick The 4 is That they were above all men arrogant and proud dispisers of such as were not of their way as being men without God in the world reprobate and wicked denying to them even common civilities But doth not he and his party the most proud and arrogant persones imaginable deal with us all as cursed fanaticks knipperdolians c. What is the 5. When any of theirs were punished for errors fellony or rebellion they cryed them up for martyres and complained tragically that truth and godlinesse was oppressed and that men who would have all things done according to Gods Word were persecuted But might not Heathens and Papists have objected so against the true Christians and protestants who said and did all this when they were persecuted and some of them murthered massacred And were or are all who call account such as die for the Testimony of Jesus martyres persecuted to the death Anabaptists I feare that in so saying he shall be found to befriend the Anabaptist more then we desire to do If he hath no more to say He shall never make it appeare that either Naphtaly or the Apology do approach unto the manners of that odious sect in any particular peculiar to that Sect or wherein that Sect deviateth from truth Then he addeth Pag. 17. When the Spirit that stirreth in these furious writtings especialy in Naphtaly is considered how much confusion may be seen to be portended to Church and State if hearts be infected with the doctrines therein held forth By whom I pray shall these evils be seen to be portended by any thing that is said in these writtings Sure by no rational sober understanding person but only by such who consult the oracle at delphos and minde their belly and worm-eaten carcases more then they consult the oracle God and of sound reason and minde the reall good of either Church or State For there are no doctrines there of any malignant quality but all of them anti-Malignant Solide Plaine Sure and immoveable truthes having a direct tendency unto and necessary influence upon the solide and sure establishing of Church and State upon a firme and lasting basis And therefore if it were right applyed his following wish were good viz. That the Lord would give his people such understanding that they be not ignorant of the wiles of Satan who driveth a deeper designe against this poor Church and Land then the subversion of this or that exteriour forme of Church government For indeed the designe that Satan hath now on foot reacheth furder even to the utter overturneing of all the precious interests of Christ in the Land of destroying not only the outward Libertyes and Privileges of the People which have cost them no small expense of blood to the end they may be made perfect slaves But to the overturning of the whole work of God of banishing the Gospel and of introduceing Atheisme and all sort of profanity and wickednesse that we should no more become the People of the Lord but a visible Kingdome of Satan And all the People Subjects and Slaves to him But we know what his meaning is and therefore he addeth The controversy rests not in matters touching a Bishope or a Presbytery But what thinks he of this controversy He sayes If mens passions or prejudices might permit it might be for the advantage of the gospel well consolidated by their mutual paying of due respects one to another the Episcopal inspection not abrogating but strengthening the due right of presbyters and presbyters not