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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.
high pitch of vertue and of the acts thereof But an extraordinary action goes beyond any ordinary rule of common reason or divine word as that Abraham should kill his Sone Isaac Answ. We shall not contend with him much about this since he will grant that heroick actions are imitable as not being contrary to a rule of common vertue though extraordinary actions which are rather contrary to the rule of common vertue may not be imitated And he hath not yet proved neither can he prove that Phineas's fact was so far beyond any ordinary rule of common reason or divine word as was that of Abraham and the like We shall grant with him That Extraordinary actions are such as are done upon special mandate of God and are not within the compasse of ordinary acts of obedience according to the rule that is set And that men may have heroick motions actions within the bounds of an ordinary calling as Luther had as sometimes though they have an extraordinary calling they may want heroical motions as Peeter when he dissembled But what sayes this to Phine as his fact Phineas sayes he had not only excitations of zeal and heröical motions but supposeing him a meer private person he is to be looked upon as having extraordinary calling from God Answer Doth this man give a distinct sound He complained of the Author of that discourse concerning Phineas that he turned himself Protëus -like into many shapes and we finde himself doing little better here He dar not say positively whether he was a meer private person or not but if he was such then the action was extraordinary but what if he was not Then the action was neither extraordinary nor heröical and thus we are no wiser then we were for we know not what to make of the action nor what to make of the person but we must judge of the person by the action And of the action by the person That is to say if he was a Magistrate then the action was ordinare but if he was a private person then the action was extraordinary and è contra if the action was extraordinary he was a private person and if it was ordinare and imitable Then he was a publick person Is not this a singularly satisfactory way of answereing But it is observable that he dar not here say that Phineas's fact was extraordinary but that he is to be looked upon as having an extraordinary call now a man may have an extraordinary call to an action imitable as the Apostles had an extraordinary call to preach the Gospel and yet that action of theirs is imitable But how proves he this extraordinary call It is sayes he fully enough insinuated both by God's approving and rewarding him Numb 25. and he rewards not our wil service nor approves it but what he hath enjoyned himself and also by P sal 106. where it is said Emphatically it was imputed to him for righteousnesse though judging according to ordinary Rules it might be imputed to him for sin supposeing him for a meer private man yet having God's warrand whose will is the rule of righteousnesse the deed was imputed to him for righteousnesse Answ It is true God revvards not nor approves not vvil-service yet he approves and revvards other actions then such as are extraordinary and not imitable 2. God's imputing it unto him for rightoeusnesse sayes clearly he vvas a private person and that God accepted of his service as a noble act of holy zeal for God and his glory and rather speakes out an encouragement to all to do the like in the like case then any extraordinary call he had vvhich none novv can expect Then in the 7 place he speaks of Callings sayes that Every calling a man hath to any work Must be either Mediate or immediate there is no mids betwixt these two as there is not between contradictories if they be not called by the intervention of men their allowance they must plead an immediat calling from God Ans Beacause I minde not to enter into a Logomachy or debate about words tearmes I would desre him to tell me what call men have to run together to extinguish a fire in a city when the Magistrates through wickednesse or negligence will not or do not call People forth unto that work They have not Man's call nor have they an immediate call from heaven and yet they have a lawful call from God Nature and necessity to save the city their houses goods little ones from being burnt into ashes And what ever name he give to this call we will allow it to private persons to defend Religion and a land form ruine and destruction when Magistrates do not nor will not do their duty And when men whether out of secret impulses heroical motions or out of meer sense conscience of duty do this they do not desert their owne calling and state like these spirits lud ver 6. Nor do they intrude upon the Magistrate's office though they do materially that work for that exigent which Magistrates by office were bound to do being called thereto by God by Nature and the call of inevitable necessity which knoweth no humane law and to which some divine positive lawes will cede But then he sayes Pag. 115. Why is not also sufficient for the office of the Ministery without a call from men externally Answ And doth he think that necessity will not allow a man sufficiently gifted and qualified to exerce that office without an externall call from men in some cases What if a company of Men be cast out on an island having no correspondence nor possibility of correspondence with other places whence they might have some lawfully called Minister and there be one among them qualified for the work might not he in that case think himself called of God to exerce that function And when we grant this we need not yeeld unto Anabaptists Enthusiasts photinians or the like who are against an external call at any time alledging that gifts are sufficient And sayes he how shall be refuse to admit women to Baptize Children in case of necessity Answ He shall not refuse providing he shew the necessity which he shall not be able to do unlesse he turne Papist and then he will imbrace the consequent also without our admission In the 8 place he comes to tell us that It is in vaine to say that God's hand is not shortened c. for our question is not of that but if now after the Canon of holy Scripture is perfected sealed and consigned we have warrand to look for any extraordinary persosones having Gods secret and special Mandates to do works which any ordinary calling doth not interest them in Answ Prophecyes and predictions of future events are not works which any ordinary calling men have by allowance and approbation of Men according to the rules of common reason and the word doth interest them in and doth he think God's