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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.
this even in Beasts His next restriction is this A man justly condemned to death both according to a just law and by a just process according to law may not use violent self defence against the Magistrate with re-offending him Ans It is granted what then will it therefore follow that this principle of selfe preservation is so restricted as that a whole Land or a considerable part thereof being unjustly condemned both by an unjust law and by an unjust processe according to or without that unjust law may not defend themselves against the Magistrate's Emissaries sent to destroy without respect had either to law or conscience Then he tells us That Lex Rex is too bold and cometh too neare to blaspheme God by saying That it were a mighty defect in divine providence that men should not have as large a liberty to defend themselves violently as Beasts have and that men were in a worse condition then beasts if as Beasts have alwayes power to defend themselves violently with their horns heels teeth c. So men should not have as large a liberty in every case to use violence upon Magistrates putting them to vexation or perhaps troubling them in life states c. But where findes he these words in Lex Rex The author of Lex Rex sayeth Pag. 334. It were a mighty defect in providence to man if dogs by nature may defend themselves against Wolves Bulls against Lyons doves against haukes If a man in the absence of the lawful Magistrate should not defend himself against unjust violence but one man might raise armyes of papists sick for blood to destroy innocent men but this is far from as large a liberty in every case and cometh no way near to blasphemy but is a real truth Suppose Lex Rex had said so which I finde not it had not been apposite to his poynt now while he is speaking of opposeing Magistrates not puting to vexation or perhaps troubling in life state c. but rightly executeing a just law against a malefactor which the worthy author of Lex Rex would never have owned but would have said That the Magistrate was bound to execute Gods Law against men-sworne Apostats such as he and his fraternity are that they were bound to submite to the stroke of justice Thridly he sayes Pag 16. may not the exercise of selfe defence and violent resistence be restrained by the grace of God and the power of his command for submission abiding upon a mans spirit as in Isaac's case who did not resist his aged father going to sacrifice him Ans Whether Isaac made any forceable resistence or not we know not scripture is silent but it tels us his father bound him we acknowledge God is Lord of life but no man is and he may restraine by his will and working on the spirit so as a man who lawfully might flee and save his life shall not have power to do so but abide and glorify him by giving a faithful testimony unto his truth when questioned But thinks he that such instances are binding precedents Sure then he shall contradict his owne doctrine Cap. 4. Or thinks he that a Body of a people or a considerable part thereof shall not exercise lawfully this privilege of self defence violent resistence when neither the Law of God nor such extraordinary force or restraint of God on the Spirit but the vaine pleadings of Court Parasites would have it restrained Fourthly Pag. 17. He sayes May not the defence of our temporal life in some case cease for the preservation of the eternal life of our Neighbour when it comes to that that the defence of the one shall be the certane losse of the other Ans True and therefore He and the rest of the perjured clergy should much more cease from the preservation or ratherusurpation of their places livings and dignities when so long as they domineer there is certane ruine to Religion and to the souls of many thousands And againe if a man may lay downe his natural life for the preservation of of the soul of his Neighbour much more may he with others hazard the same in opposeing unjust violence for the defence of the pure Religion whereby thousands of soulls may be eternally preserved But doth he think that a Nation or a whole countrey-side is to give up their lives to the sword of the Kings mercylesse Emissaries for to preserve the vaine pompe and to fill the bellyes of a few drons whose God is their belly though they should account that their eternal life and all their felicity Fiftly sayes he doth not this obligation cease for the publick good and preservation of the Commonwealth Answer What then doth it follow That Men should renunce their priviledge of self defence when their doing of that shall be so far from promoving the publick good and preservation of the Commonwealth that upon the contrare their doing so shall tend directly to the ruine of the publick good and destruction of the Commonwealth Sure if this be true that a man should lay down his life for the good of the commonwealth It is also true that moe should hazard their lives for the good of the Commonwealth and violently resist violence And doct Ames case mentioned Cas Consc Lib. 5. c.. 31. q. 3. would sute the Prelates well and their adherents so that if he and they loved the good of the Church and Kingdome of Scotland they should give up their necks to the stroke of justice that the wrath of God may be turned away from the land for till these be removed we can not expect any thing but judgement upon judgement from the Lord till we be destroyed Neither doth Naphtaly crosse D. Ames for Naphtaly only speaks of a mans suffering intolerable and inevitable injuries under pretext of the good of the Commonwealth which indeed for a man to do would be for the delusion of an empty name only for the lust of others really to deprive himself of his whole share and interest therein neither would he have ground of hope of getting a better share seing it vvere a great question and doubt if in that case he vvere in the vvay of his duty What he addeth Pag. 18. of a souldiers going to a dangerous post at the command of his General is utterly impertinent Natures instinct vvil teach some dog to stand in the gap to keep out the Bare His last restriction is this That it must cease to preserve the King the Head of the Commonwealth when the case is so that the King must either lose his life or the private man his Ans I grant Lex Rex sayeth I think that a private man should rather suffer the King to kill him then that he should kill the King because he is not to preferre the life of a private man to the life of a publick man But I doubt that it is so agreed among the learned Sure P. Voetius de Duellis Cap. 20. Pag.
forth unto us and pitch upon as the peccant and procureing cause 7. Though we could not satisfy wrangling wits touching the equity of this which yet the common and ordinary practice of men forfaulting a whole posterity for one mans transgression will not suffer us to account insolent yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word and beleeve that for these causes such and such plagues were inflicted upon distinct and different persones because the spirit of truth sayeth so 8. As all Scripture was given by the inspiration of God and is profitable for doctrine for reproof for correction for instruction in righteousnesse that the Man of God may be perfect thorowly furnished unto all good works 2 Tim 3 v. 16 17. So these particular passages so particularly described are written for our learning Rom. 15 ver 4. and are out examples that we should not do as they did 1 Cor. 10 v. 6. and are written for our admonition 1 Cor. 10 ver 11. And therefore we must not look slightly upon them but ponder then narrowly as so many documents given us for our use and instruction and particularly that we may take warning to prevent such evils Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions 1. That no man is involved in divine judgments and punishments for the sinnes of others as the deserving cause of his punishment if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers nor involved in the punishments of the same meerly upon the accouut of his tolerating the sinnes or not violent resisting the Magistrate in his sinful courses Answ Not to enlairge on these now because of what he is to say in explication of these we are then to speak I would only at present enquire 1. What accession had the army of Israel which was defate by the Men of Ai a stroke which made Iosua rent his cloaths and fall upon his face to the Earth until the even tyde he and the elders of Israel and put dust upon their heads unto the sin of Achan And why doth the Spirit of the Lord say Ios. 7 v. 1. That the Children of Israel had committed a trespasse in the accursedthing And againe ver 10 11 12. And the Lord said unto Iosua Get thee up wherefore lyest thou thus upon thy face Israel hath sinned and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff Therefore the Children of Israel could not stand because they were accursed neither will I be with you any more except yee destroy the accursed from amongst you Though we can learne of no accession which they had unto this particular fact yet we see the whole body is punished as guilty and must be legally purified and sanctified and purged from that contagion 2. What accession had all these who suffered in these three yeers famine which was in David's dayes unto that bloody act of Saul and his house which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left or were borne possibly 3. What accession had the children unborne to the third and fourth generation unto the sinnes of their forefathers and yet the holy Lord thinks good to visite their iniquities on them 4. What accession had the People unto David's sin of numbering the people doth not David himself say 2. Sam 24 ver 17. But these sheep what have they done But let us heare how he explaineth this A certane thing it is sayes he that God doth not properly punish any man but in reference to his owne personal sins as the deserving cause of the punishment albeit he may and often taketh occasion in his wise providence to punish men for their owne sinnes from the sinnes of others and in that only sense they may be said to be punished for the sins of others But every soul suffers for his owne sin Divine justice finding causes of punishment in every one that is punished either their personal accession to the sinnes of others which is their owne sin or else some other sinnes for which he may in justice inflict the punishment upon them albeit the impulsive cause or occasion rather for punishing in such a manner and time c be from the sinnes of others Ans 1. Though vve desire to be vvise unto sobriety in this matter and not to meddle vvith matters beyond our reach yet vve think it saifer to speak in the language of the Holy Ghost then in the vvords of this Surveyer vvho giveth us no Scripture for vvhat he sayes The expressions of Scripture hold forth some thing more then a meer occasion It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture when the Spirit of the Lord sayes that Israel had sinned and therefore could not stand before their Enemies because they were accursed and that till this accursed were taken from amongst them he would not be with them any more 2. He vvould do vvell to explaine to us vvhat he meaneth by a proper punishment and vvhat is the opposite tearme thereunto 3. We grant divine justice findeth deserving causes of punishment in all in whom is original sin but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke but the sin committed by another vve ought to look on that mainly as having a procureing causality in that affliction 4. How ever we see he granteth one may be punished for the sin of another or upon occasion of the sin of another as he loveth to speak to which he hath no personal accession 5. If these sinnes of others were only the occasion of punishing in such a manner or time how cometh it that the very punishment it self is removed upon the taking away of that sin according to God's appoyntment and God is pacified toward the whole as he was vvith Israel vvhen Ahan vvas killed and Seven of Saul's sones hanged up 6. But whether vve take these sinnes of others as impulsive causes or occasions of such punishments This is cleare That if these sinnes had been prevented these punishments had been prevented also so that if Saul had not gotten liberty to have staine the Gibeonites in his bloody rage contrare to oath and Covenant these three yeers famine had not come And if David had been hindered from numbering of the people and had not gotten his vvill these Seventy thousand had not died then as they did And seing no other cause or occasion is rendered of this it vvould clearly warne all in a Community and Society to labour by all meanes according to their power and places to hinder the Committing or removing when committed of these sinnes which bring heavy plagues on the Community The Dutch Aunot on 2 Sam. 21 1. say that
Pag. 38. c. and this he must usher in with his ordinaire jeers and ground lesse reflections telling us that His opinion hath been the common sense of the generation of God's children before this fiery yron age and that their sober examples are of more weight and imitation then the furious practices of any of late whereunto they have been inflamed by the doctrines of popular parasites and fierce demagoges such as this libeller and his complices But we have found possibly may yet finde further how far he is mistaken in this And in deed in some respect this may be well called a fiery iron age for I beleeve since Christianity was heard of there was never so much obduration of consciences so seared with hote irons and inflammed with rage against piety fidelity truth and uprightnesse of heart as is this day It were well to be wished hat this Surveyer and his complices would take either the example of the Prophets or Apostles or of these sober Christians who lived nearest to the light of the Apostles times and learne after their example to be more sober and constant to his principles sure he will not finde in their practices so much perfidy treachery debauchednesse hatred of piety persecution of truth and of the godly as both he and his complices are notoriously guilty of Will he find among them such court parasites such patrons of Apostafy such authors of rebellion against God such Tyrannogogues and base flatterers as he and his fraternity are Will he finde in all their writings such bitter invectives and reproaches against the vvay of God and his People as may be seen in these fevv sheets Will he find such commendations of tyranny oppression bondage and siavery as if it vvere nothing but the compound of justice and equity But vve come to the purpose The summe of his argument is this That though by the testimony of Tertul. Apolog. cap 1. 33. and 37 and Cyprian ad Demetrianum It is apparent the Christians wanted not might to raise armes against the Emperours yet they never used any resistence either for the defence of themselves or for therescueing of their oppressed brethren Yea even after that in Constantin's dayes Religion had been legally established and the Christians able enough to defend themselves yet they used no violence agaist the Arrian and Apostat Emperours who succeeded Vnder the persecuter Maximinian there was the Theban Legion consisting of 6666. who yet did not resist him and that the greatest part of the army under Julian the Apostate was Christian appears by their general outcry at the reception of Jovinian nos sumus Christiani yet did they never oppose him width force To which we answere 1. Though this Surveyer would appear tobe a man of a very meek and Christian disposition and cryeth out of such as are not of his opinion as men of the fiery iron age yet though we will not take upon us to judge his heart any may see part of his scope and intention in mentioning this argument to be this That we may be reasoned into a perfect stupidity and insensibility and the King encouraged to contrive and prosecute an Eleventh persecutoion on all who professe the Name of Jesus in his three dominions For what end else doth he adduce the example of the primitive Christians who would not resist the Emperours their bloody Emissaries sent out to put into execution their cruel inhumane and barbarous Edicts and to fulfil their lust and desire to extinguish the very Name of Christians but to sing us a sleep so that if the King will the may command his bloody and cruel Emissaries to make amassacre on all that will no abjure Christ and his interest and cut all their throats in a few dayes without the least fear of opposition If this be not his designe let him tell me what he would have Christians doing in case such a thing as this should be Would he have them resisting or only holding up their throats to the bloody executioners If he would not have any resistence made even in this case then we see what his principles drive at and many may judge what a cruel bloody heart he must have If in this case he would allow a resistence where is the force of his argument then To what purpose is their example adduced and what becometh of his insolent exclamations O silly foolish and feminine Christians then and o illuminated masculous and martial Spirits of Christians now 2. He may remember what he tels us when he is speaking to the instances of resistence adduced out of Scripture Pag. 67. That every example recorded in Scripture is not imitable And may not we say here That every example recorded in Church History far more fallible then Scripture and far lesse to be regairded seing what things are recorded in Scripture are writen for our instruction is not imitable So that reduce this argument into forme it will quickly evanish for it must stand upon this medium That what ever the primitive Christians did layeth a binding obligation upon us But this is false as we shall undenyably evince and where is then the force of the argument Though it appear plausible and taking yet when pressed it doth evaporat 3. If their practice be a binding precedent in this matter so must it be in all other things and particularly it must be unlawful for us now to resist in our owne defence a raseal multitude assaulting us with stones in the open streets against all law and equity for Tertullian in the same place tells us that they would not resist the Inimicum vulgus the common people who was malitiously set against them and did invade them with stones and fire suo jure with out any kinde of law or judicial procedoure Yea Tertullian puts no difference betwixt the Emperours and meane persons in poynt of resistence Saying Idem sumus Imperatoribus qui vicinis nostris malè enim velle malè facere malè dicere malè cogitare de quoquam ex aequo vetamur Quodcunque non licèt in Imperatorem id nec in quenquam we may do no more whether in word thought or deed against any whatsomever then against the Emperour But who will say that in this their practice or judgment is to us a binding precedent 2. Several of these Fathers thought it unlawful to kill in their owne defence See A 〈◊〉 bros de Offic. Lib. 3. cap. 4. and Augustin also Epistola ad publicolam 154. and Lib. 1. de Libero Arbitr cap. 5. And yet this cannot now be maintained as a truth See the contrare proved by Rivet in 6. Praec oper Tom. 1. Pag. 1391. 3. Private Christians not only refused to resist violence with violence but they refused also to flee from the fury of persecuters when they might saifly have done it Potuimus sayes Tertull in Apolog. inermes nec rebelles sed tantummodo discordes soltus divortii invidia adversus vos dimicasse
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