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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.
as they should rather honour and highly reward would not any body smile at such a consequence And yet such is his here Let him make it to appear that the matter of the actions of these persons was lawful and the necessity extreme and the case was the same as to the deficiency of others to do the work and that they were in a probable capacity to do it then he shall speak more home to the case He needs not tell his readers Pag. 107. That such abhominable courses carryed on under pretext of heroick motions and rare exitations of the spirit should make the fearers of God very cautelous against the principles of this Man which lead this way For that man neither approveth these courses nor any such like nor doth his principles lead that way whatever he imagine nor doth he assert as he alledgeth that there needs no standing upon an externall call if men think they have his internal call to use the sword for vengeance against Apostate Magistrates and Reforme an Apostate Church their zeal is a sufficient call to rise up in a Phineas like fortitude without further as any vvill see vvho reads over that discourse Nor needeth he to say that if people be so principled it were better living under the great Turk where no man is to losse his life but by Law then in Scotland For he doth not expose any to the fury of private persons who can pretend rare and heroick excitations of the Spirit to execute justice on men when they think there is cause as he supposeth in the following words nor could he rationally be supposed to do so though he had clearly and positively asserted that that fact of Phineas was in all poynts alwayes imitable far lesse when he is loath to assert so much as this Surveyer himself acknowledgeth in the following words Pag. 108. confessing that he said we hold no such instances as regular precedents for all times and persons universally What displeaseth him then But where is sayes he the caution that is put in against any that will pretend heroïcal excitations by the spirit as a sufficient cal he hath opened a door but how will he close it againe Answ What could himself say more to bar a heady People from such pretensions of Phineas-like motions then that it was not a regular precedent for all times and Persons Is it not possible as hath been said yea and often seen that the most cleare and approved examples have been abused And what can be said to this but that such must run their owne hazard and beare their owne guilt God only can prevent all confusion in all cases It is false which he addeth that This man hath proclamed this libertinisme to private persons upon pretence of heroïck excitations of Zeal c. to rise up against all powers above them for they are made judges in their owne private discretion when it is fit to fall in hand with such irregular practices and when it is that such heröick excitations are upon their spirits and when it is that matters are so far out of order that they cannot be amended without their violent interposeing and pulling downe of powers All this is referred to private persons discretion Ans No such thing is there said and Phineas instance will give ground for no such thing though it were pressed as a most regular precedent As we grant with him that Quakers and Ranters c. may start up aud plead their impulses and that People when they minde changes will not want pretexts But what sayes that against the thing seing the best things may be abused Ay but Naphtaly sayes he holds That Magistrates when patronisers of abhominations ought without doubt be suppressed by all meanes so that if there be not probable capacity for armes a dag or a dagger a pistol or a poisoned poinard a spanish fig or some secret applications may do the businesse with some great ones Answ Naphtaly in the place cited Pag. 18. is speaking of open idolatry blasphemy perjury venting and spreading of heresy and such like abhominations which being most dishonourable to God pernicious to all Commonwealths ought sayes he by all meanes to be suppressed that is by all faire and possible meanes for illud tantum possumus quod jure possumus and so had he not been too captious be reason of it is like his green wound he might have spared the rest and to his liturgical prayer following That the life our dread Soveraigne may be bound up with the Lord his God in the b●undle of life and also that the same great and good God may be a shield and buckler to his servants who desire in honouring of the King to feare him the King of Kings above all against the generation of Men of blood and violence We shall desire him to add this Letany from perjury pride profanesse blasphemy impenitency atheisme and all manner of uncleannesse good Lord deliver us and our King And to prevent all these feares let is Majesty and other Magistrates reforme their wayes and turne to the Lord and execute judgement on him and his complices and all the rest who now pretend to honour the King and to feare God but in effect to deifie a creature and renunce their homage to the King of Kings and so provoke him to destroy both them and their King by their apostasy and wicked defection and that openly before men and Angels as David hanged up the Sons of Saul before the sun and then they need not fear either dag or dagger pistol or poysoned poinard a spanish fig nor any such secret applications Thereafter Pag. 109. he comes more particularly to consider that discourse and gives us there and in the following Pages 7. or 8. Answers The first is That it is much doubted if Phineas was a meer private person being the high Priests son and a chief priest and a Prince in his tribe Numb 31 6. Jos 22 31 32. one of the great Council Num. 1 16. and 16 2. who did in that dismaltime Numb 25 6 meet with Moses the chief Magistrate to lament the ab hominable idolatry and bodyly filthinesse committed at that time and to consult and advise about the authoritative restraining of this wickednesse In the mean time when the great council are humbled before the Lord Zimri with his Midianitish woman are in their very sight going in to the tent and Josephus sayes that before Moses and the Council he justified the fact and pleaded frowardly to have and retaine her In this case of so effronted wickednesse Phineas then one of the congregation or great Council v. 6. rose from among the congregation or great Council which shewes he was sitting amongst them under the eye knowledge and approbation of Moses the supreame Magistrate pursued them both to the tent and thrust them thorow Answ 1. Then it seemes this fact of Phineas was a laudable act of judice in a Magistrate and