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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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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
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.
private persons in cases of necessity So will the law of Nations and the Civil law for it maketh no distinction betwixt self defence used by private persons alone and that which is used by private persons having their Representatives concurring And where the law distinguisheth not we should not distinguish As all law permits to repel violence with violence so doth it give this allowance to all persons whatsoever l. Liberam C. quando licet unicuique sine judic 18. To maintaine that in no case it were lawful for Private subjects to resist the unjust violence and to defend themselves from the tyranny of Princes would be a direct condemning of our owne Princes K. Iames and K. Charles who helped the private Subjects of other Princes against them and is it not unreasonable to plead for more absolute subjection then princes themselves will plead for Or to condemne that resistence which even they will approve of countenance and encourage to 16. If it were not lawful for private persons to defend themselves against the manifest tyranny of a Soveraigne without the concurrence or conduct of a Parliament or their Representative Then the condition of such as live under such a government where there are Ephori or where there is a Representative constituted should be worse then is the condition of these who want such Representatives But that were absurd Therefore c. The consequence of the Major is hence cleared Because all the arguments which have been adduced by any for proving the lawfulnesse of resistence in cases of necessity will evince that a people who have no formal Representative may resist the tyranny of their Prince But now if this were not allowed unto a People having Representatives their case should certanely be worse Because their hands should be bound up from that necessary defence which otherwise they might have used viz. when Representatives should betray their trust and comply with a tyrannous Prince against the people The Minor is most certane because Parliaments or Representatives have been instituted for the good advantage of the people And therefore should not prove hurtful and destructive otherwise they cease to be a benefite and a blessing A benefite should not prove onerous sayeth the law si filiusf ff ut legator nom caveaetur 20. If it be lawful for private persons to resist the Tyranny of Parliaments and other inferiour Magistrates Then it cannot be unlawful for them to resist the Tyranny of others without their concurrence and conduct But the former is true as all the arguments used by divines and politicians to prove resistence will evince and as several of our adversaries will very readily grant though they will stifly maintaine that no resistence is to be used against the Soveraigne Therefore c. The connexion is hence cleare That to whom the greater is lawful the lesse is also lawful Now it is a greater matter to resist a Parliament then to wave them and miskend them or to resist others vvithout their help as all may see and will easily grant There is not a more expresse command for Subjects to do nothing without the concurrence of a Parliament then not to resist them and oppose them Nor are people more obliged to the one then to the other 21. Privat persons without the concurrence of Parliaments may resist and oppose the Prince yea and binde his hands when in a fit of frenzie of a distempered braine and madnesse he would seek to cut his owne throat or with Saul would run upon his sword Therefore they may also resist oppose him when in madnesse and fury he would not only endanger his owne life in soul and body but vvould destroy the inheritance of the Lord and cut off his faithful and innocent subjects and destroy the land The connexion is cleare Because more respect is to be had unto the life of Thousands then to the life of one Man The antecedent is certane because otherwise they should be guilty before the Lord of his death if they vvould not hinder it when it was in the povver of their hands for he vvho hindereth not a mischief vvhen he may he vvilleth it and so is formally guilty before God 22. Privat persons vvithout the concurrence of inferiour Magistrates may resist the Soveraigne vvhen in a rage he runeth upon an innocent man passing by and with Saul vvhen an evil spirit from the Lord came upon him vvould cast his javelin or deadly instrument at the innocent Davids This no rational person vvill deny vvho knovveth vvhat a hazard it is to partake of other men's sinnes Love to the Prince should presse to this perserving of him from shedding innocent blood and vvho doth not this vvhen he may consenteth to that murther Therefore they may also no lesse yea much more resist him vvhen in his madnesse and distemper he is seeking to destroy millions of the people of God And againe much more may vve resist him vvhen he is seeking to destroy ourselves vve being much more bound to love and defend ourselves then to love and defend others 23. If it be lawful for private subjects without the Commande or allowance of Parliaments or their Representatives to resist a Tyrant or the Tyranny of a Prince with teares and prayers Then also in cases of necessity it shall be lawful for them to resist his violent Tyranny and tyrannical violence with violence But the former is true Therefore c. The minor is cleare For Royalists themselves will grant that praeces and lachrymae may be opposed to Tyranny Thus did the ancient Christians resist their tyrannical Emperours with earnest cryes and prayers to God especially Iulian the Apostate whom they ordinarily stiled Idolianus Pisaeus Adonaeus Tauricremus alter Hieroboam Achab Pharaoh c. And we are allowed to pray against the Enemies of Christs Kingdome against the Turk the Pope that great Antichrist and all the little Antichrists that make warre against the Lord and his interest Therefore we may also resist a Prince Tyrannically oppressing the People of God destroying the mountaine of the Lord makeing havock of his Church when we are in probable capacity for that work The reason is because the one is no more condemned in Scripture then the other 2. The one is no more a sinful resisting of the Ordinance of God then is the other 3. Adversaries themselves will grant that resistence by prayers and tears is more powerful and effectual then the other 4. This personal resistence is as consistent with that command let every soul be subject to higher powers as the other is with that 1 Tim. 2 ver 1 2. 1 exhort that supplications prayers and intercessions be made for Kings and for all in authority 5. If the Prince be good the one is as unlawful as the other and a sinful resistence of the ordinance of God no lesse then the other Therefore when he becometh a Tyger a Lyon a waster of the inheritance of the Lord an Apostate as
murdering or deposing of Princes by Subjects who are not his judges And what his word approves not his providence doth not approve To say that God animates his People to such actions is blasphemy albeit he extraordinarly may stir up the spirits of some to actions not according to the ordinary rule as in the times of the judges but they were sure of their warrand from him the like whereof none have ground to waite for now Answer Certainely God's Word declareth that the persons of Kings how sacred soever he account them are not inviolable when it threateneth destruction unto them whether by their owne Subjects or by strangers and when these same judgements are executed his providence declares that they are not uncontrollable or inviolable 2. His adversaryes vvill tell him that the deposeing of Tyrants or the executing of justice on them is no sinful Murther nor sinful deposeing of Princes 3. If he had once proved that such actions as these vvere horrid and sinful then he might say that it vvere blasphemy to say that God animates People unto them 4. How did God animate Ieh●jada and these vvith him to depose and kill Athaliah To say she vvas an usurpers vvill not help the cause for he vvill not have usurpers killed by the Subjects novv seing vve have no ground to expect such an expresse vvarrand to rise against them as the judges had and yet certanely these against vvhom the judges vvere animated vvere Tyrants vvithout title And thus we see this Surveyer out stripeth all the Royalists that ever wrote before him and not only will have the persons of lawful princes though flagitious and tyrannous sacred and inviolable but also the persones of the most manifest usurpers for he sayes that it was not according to any ordinary rule that God stirred up the spirits of some to make head against these Tyrants that oppressed the people of God in the dayes of the judges but extraordinare which motions we have no ground to waite for now And so this advocate cometh at last to plead as much for the exemption of Cromwel as of the King And if this be a faithful advocat let all the world judge and let the author of the pamphlet intituled Killing no Murther rebuke him for his impertinency and ignorance He tels us thereafter how The Apologist labours to produce many instances of the Parliaments of Scotland punishing Princes for their enormities all which he setteth forth as laudable and imitable presidents and examples Answ The author of that Apologetical relation driveth at no such designe there but only cleareth thereby that the Kings of Scotland have not a supremacy above Parliaments but that rather Parliaments are above them for they have punished them He addeth The most that all of them amount to is nothing but the insurrection of Nobles Proceres as Buchanan calleth them against the Kings and violent oppressions of such of them as have been flagitious and tyrannous-but neither Buchanan Nor this Apolog can produce any one instance of our lawful Parliaments or Peoples taking on them in a judicial way in cold blood aud under formes of processe to punish or destroy their Kings Answ What if his adversaries shall be contented with a shorter processe shall supercede many formes of legality which use to be followed with other notorious Malefactors Is not this a brave Goliah that cometh out to defend the King 's sacred person when all which he at length can do is to defend him from being adjudged in a formal mode to losse his head and his Crowne that he shall not be called publickly as other Malefactors are to the judges barr and there be impannelled as a Tyrant and Traitor to God and the Countrey If this man deserve his wages let wise Men judge seing all know that there is greater difficulty in taking away Tyrants then in taking away other Malefactors And that hardly can such a legal way with all its formalities be followed with them which is followed with others And that sometimes some Malefactors though they were never Princes must be sentenced in a more brief manner and privately also and yet it is all one upon the matter if the man be guilty and really condemned by his judges And so it is all one if a Tyrant be adjudged worthy of death or deposition by a Parliament the Representatives of the People and accordingly cut off from government or out of the land of the living whether it be done by a publick Messenger with sound of Trumpet and by the hand of a publick lictor and executioner on a publick scaffold or by force of armes vvhen the former meanes cannot be saifly used nor so securely And it vvas not the insurrection of nobles as such but as proceres and primores Regni that were instanced and of lawful Parliaments such as were used in these dayes sentenceing and condemning Kings for tyranny and other misdemeanours Let him read the History of these times written by Buchannan and Grafton and he will finde it so particularly let him see and consider how Ferlegus was adjudged worthy of death but for Fergusius his Father's sake was only imprisoned and thereafter with the unanimous consent of all being suspected guilty of the death of Feritharis put from the Crowne see why Therëus when he had filled the land with robberies fled to the Britones Was it not because the Governours had a minde to punish him Was not Even the 3. put in prison Was not Dardan for his wickednesse and blood pursued by nobles and People his head cut off his corps throwne into a jacks Luctatus at length was apprehenped and executed His sone Conarus in face of Parliment accused apprehended and shut up into a hall with some few attendants his ill counsellers executed and a Viceroy chosen till the People should meet to make a new King Were not the Prim●res Regni about to have deposed Constantine the first for his vices had not Douglasse disswaded them because of their warres with the Britons and Saxons Was not Ferquard the 52 King summoned to compear before the Parliament and because he refused was he not brought to judgment against his will and accused of many crimes and not being able to purge himself was he not cast into prison This looks like an act and execution of justice done in cold blood under forme of processe So did the Primores Regni intend to have punished Ferquard the second had not Bishop Colman disswaded them Was not Eugenius the VIII for his filthy lusts and vices covetousnesse and cruelty slaine by the general consent of his Lords assembled By whom and for what was Donald the 70. King cast into prison Who forced Ethus brother to Constantine the II. and for what to renunce the Kingdome and shut him up in prison Was not Culenus summoned to compeare before a Parliament at Scone Now the Surveyer is in his strength and disdaining to meddle with the libeller as he calleth him he will
Knox that ye alledge that the fact was extraordinary is not to be imitated I say That it had the ground of God's ordinary judgement which commandeth the Idolater to die the death and therefore I yet againe affirme that it is to be imitate of all these that preferre the true honour of the true worshipe and glory of God to the affection of flesh and wicked Princes and when Lithingtoun replyed That we are not bound to follow extraordinary examples unlesse we have the like commandment and assurance the same which this Surveyer sayeth He answered I grant if the example repugne to the law as if an avaricious and deceitful man would borrow Silver Rayment or other Necessaryes from his Neighbour and withhold the same alledging that so he might do and not offend God because the Israelites at their departure out of Egypt did so to the Egyptians The example served to no purpose unlesse that they could produce the like cause and the like commandement that the Israelites had And that because their fact repugned to this commandement of God Thou shall not steal But where the example agrees with the law and is as it were the execution of God's judgment expressed within the same I say that the example approved of God stands to us in place of a commandement for as God in his Nature is constant and immutable so can he not condemne in the ages subsequent that which he hath approved in his servants before us but in his servants before us he in his owne word confounds all such as crave further approbation of Gods will then it already expressed within his scriptures for Abraham said They have Moses and the Prophets c. Even so I say that such as will not be taught what they ought to do by the commandement of God once given and once put in practice will not beleeve nor obey albeit that God should send Angles from heaven to instruct that doctrine Now sure I am this fact of Phineas was according to the law and to the expresse minde of God and why then might it not be imitated in the like case what warrand command nor commisssion had Phineas which none now can expect 1. sayes he He had the Motion and direction of God's Spirit which was loco specialis mandati Answ. We know men must need the Motions and directions of God's spirit to ordinary and allovved dutyes Hovv shall these make this fact altogether un-imitable It is true Calvin sayeth it was singular and extraordinare motion which may not be drawne to a common rule but notwithstanding thereof I see not how it should be altogether un-imitable or uselesse But grant it were so as Calvin sayeth unlesse he say that it is never to be imitated in no case and that no such thing is ever to be expected which I suppose he will not say how will he prevent confusions thorow the abuse of corrupt men who can pretend as wel these singulare and extraordinare Motions as the examples of Phineas As for what he tells us Augustin and Bernard say of Samson's case is not to the poynt Because according to that solid distinction of Mr. Knox that was contrare to an expresse law Thou shall not kill and such also is the example of Abraham 2. He tells us That Phineas had not only a large reward of his fact Numb 25 ver 12 13. but an ample approbation of it Psal 106 sver 31 it was accounted to him for righteousnesse i. e. as a righteous action both as to the intention of it God's honour and as to the ground and warrand of it God's direction God doth not approve or remuner at any action which one way or other he doth not command Ausw This is all granted and as it sayeth that Phineas was no publick person or Magistrate otherwise there had been no doubt anent its being accounted to him for righteousnesse though it had not been expresly mentioned by the Spirit of God for it sayeth that sometimes private persones are allowed of God to do what he requireth in ordinary to be done by Magistrates There are none of these extraordinary actions sayes he mentioned in Scripture but either God's stirring up men to the same or his approbation of the same one way or other is noted See Judg. 3 ver 10. and 5 ver 7. and 10 ver 23. and 3 ver 9 15. and 2 16 18. Answ Will he say that all these instances were extraordinary and not imitable Whence will Royalists then prove that privaate persons may kill a Tyrant without title And if they be not altogether unimitable then the cause is here yeelded for God may be said to raise up and to stir up Mens Spritis even to imitable actions so he hath given us no reason as yet to prove Phineas fact altogether unimitable nor will the real rebukes which he saith God gave the late risers proclame that they had not his approbation unlesse he say that God's approbation of actions must alwayes be interpreted by the event which is not consonant to true Divinity In the 5. place he tells us That if once men come to presse the imitation of this instance they must say first that even when the Magistrate is godly and zealous and willing to execute judgement as Moses was private perssons may do it and without any legal processe 2. goe to mens tents and chambers and stob them and 3. that though such things be done inconsulto pio Magistratu yet the doer must not be challenged Answ. It will be sufficient if it be granted when the case is every way the like or whose It is true Moses was not unwilling but it is like at present in capacitated through the want of assistence of inferiour Magistrates many of whom were guilty and many had been executed and through grief while lying mourning before the Lord. 2. There needed no legall processe for both the law and the sentence was written with characters of blood upon the carcases of thousands this Mans fact was notour and avowed to all the Congregation 3. He had the interpretative consent of that pious Magistrate why then may not the like be done in the like case where the Ius and the factum is as clear and undenyable as here and the Magistrate who should execute the sentence is out of a present capacity and the matter admitteth of no delay as here for till this was done the plague was never stayed much more if he will not and wrath is still poured out from the Lord and the Magistrate by his place is bound to assent approve of the thing If such a fact were done in the like case would any think that the person should be challenged and not rather approved by the Magistrate In the 6. Place he giveth us the distinction betwixt extraordinary and heröical acts telling us that a heroick act doth not deviat from the rule of a common vertue but only proceeds from a more intense disposition to a
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
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