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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.
upon this account any tumult should arise no crime might be imputed unto them but unto such as refused their just Demands And when they wrote that letter May 22. 1559. Wherein they said That except the cruelty were stayed they would be compelled to take the sword of just defence against all that should pursue them for the matter of Religion and that the cruel unjust and most tyrannical murther intended against Towns and Multitudes was and is the only cause of their r●v●le from their accustomed obedience And when they wrote that other unto the Nobility where in they said By your fainting and extracting of your support the Enemies are encouraged thinking that they shall finde no resistence in which poynt God willing they shall be deceived for if they were Ten thousand and we but One thousand they shall not Murther the least of our brethren From all which and from the whole story of these times it is undenyably apparent that they acted for the defence of the truth and of their oppressed brethren and for the carrying on of the work of reformation for some considerable time without the concurrence and conduct of a Parliamentary Representative From all which Instances of our predecessours I would have these thing observed 1. It is remarkeable That when God was to beginne any word of reformation in our Land whether from Popery or Prelacy the powers then in being were standing in a stated opposition thereunto This is notoure both in the dayes of Mr Knox in the yeer 1639. King or Queen and Counciles were stated against it and opposeing the same what they could 2. The only wise God who is wonderful in counsel and excellent in working thought fit not to beginne with the Spirits of the Powers in being to cause them first appeare for the work but thought it more to his honour and glory to make use of foolish things to confound the wise and of weak things to confound the things that are mighty and base things and things which are despised and things which are not to bring to nought things which are It seemed good in his eyes who doth all things after the counsel of his owne will to imploy the least of the flock in that businesse according to that word Ier. 49. 20. and 50. 45. and to raise up meane and contemptible instruments that the work might more conspicuously appeare to be his and the glory thereof redound to himself alone 3. As they would have been glade had it so seemed good in the Lords eyes if the standing Representatives would have not only concurred and countenanced that work but would have according to their places led on the vaune and shewed themselves powers appoynted for God and his glory by exerceing the power which God had put into their hands for God and his interest So the want of their encouragement and conduct did not in the least brangle their confidence of the lawfulnesse of their interprize of so discourage them as to give over their work as desperate and hoplesse 4. Nor did they ever assume to themselves any authoritative and Magistratical power to legitimate their actions as if they had thought that without that formality their resolutions and motions had been condemned as unlawful in the Court of God and Nature but walked upon the ground of that fundamental right granted to all both higher and lower to maintaine the Truth of God upon all hazards and to stand to the defence thereof and of themselves when unjustly persecuted because of their adherence thereunto according to their power and as God in his providence called them thereunto 5. Nor did their adversaries objecting that their actions were treasonable and seditious as being contrare to authority and established lawes scar them from their purposes in the least having the testimony of a good conscience with in them that they had not the least purpose or project to cast off lawful authority or to diminish it's just right and power and knowing that the Powers out of whatever principle and upon whatsoever motives relinquishing their duty and opposeing that truth and way which by their places and callings they were obliged before God to maintaine preserve and promove did not loose their obligation and exeem them form that duty which God and nature had laid upon them but rather did presse them to prosecute their businesse more vigurously as seeing the necessity much more urgent and the difficulty so much the greater And knowing that whatever lawes are made in a Christian Common wealth should be for the glory of God and the good of the souls of the subjects mainly and for their external welbeing only in subordination unto these great Ends and when the observation of the strick letter of the law did crosse the maine good which principally de jure they aimed at they were eo ipso in so far null and voyd before God because it alwayes holdeth good that it is better to obey God then Man and mens commands or lawes unto which obedience cannot be yeelded without contempt of and treason committed against the Highest of all who is King of Kings are as no commands before God and disobedience unto these is no disobedience unto the lawful authority but faithful allaigance unto the most Supream 6. These poor weak beginnings how base and contemptible so ever they appeared yet God was pleased when the time to favour Zion was come so to owne countenance and prospere that the same work at length came to be owned by Publick Representatives and Parliaments yea and the Kings themselves were brought to a publick owneing and approving of the same And who knoweth but if God had thought good to blesse this late act with successe it might have been followed with the like consequent But his time was not come 7. It is also observable That whatever disaster or disappoyntment they did meet with in prosecution of the Reformation and in the preservation and defence of themselves in the owneing of the truth of God though it put them to mourne for their iniquities before God and to acknowledge among other sinnes their too much relying upon the arme of flesh and not resting with a pure faith on his power and protection yet it never made them question their call or suspect the lawfulnesse of their work and businesse as to its substance and end for they knew well that the work was the Lord's and that their call was divine though for his owne holy ends that they might be more humbled and taught do depend with a single heart on his word and promise and to purge out such evills as provoked the eyes of God's jealousy he suffered them to fall 8. When the work came at length to be owned by Parliaments and Higher Powers what was formerly done by persons not in that capacity was not condemned either as unlawful or illegal nor did the valient actors stand in need of any indempnity as if they had been transgressours but all was