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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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JUS POPULI VINDICATUM OR The Peoples Right to 〈…〉 and their Covenanted R 〈…〉 Wherein the Act of 〈…〉 and Vindication which was interprised Anno 1666. is particularly justified The lawfulnesse of private Persons defending their Lives Libertyes and Religion against manifest Oppression Tyranny and violence exerced by Magistrats Supream and Inferiour contrare to Solemne Vowes Covenants Promises Declarations Professions Subscriptions and Solemne Engadgments is de●●●strate by ●any Argum●●ts Being a 〈◊〉 Reply to the first pa●● of the Survey of Naph 〈…〉 c By a Friend to true Christian Liberty PSAL. LXXIV Ver. 20 21 22 23 〈…〉 e unto the Covenant For the dark places of the earth are full of the habitations of cruelty O let not the oppressed returne ashamed Let the poor and needy praise thy name Arise ô God plead thine own cause Remember how the foolish man reproacheth thee dayly Forget not the voice of thine Enemies the tumult of these that rise up against increaseth continually HOS I. ver 7. But I will have mercy upon the house of Juda● and will save them by the Lord their God and will not save them by bow nor by sword nor by battel by horses nor by horsmen Printed in the Year MDCLXIX CHRISTIAN READER IT will not I suppose be very necessary to make any full Relation or large Deduction of the occasion and first rise of this debate The same being not only fresh and recent to all both Friends and foes who have been Spectators of the great and wonderful workings of God in our Land but the memory thereof if it could be so soon obliterate is revived a fresh by the constantly renewed acts of Tyranny and oppression which from yeer to yeer The Powers acted by the same Spirit of Enimity to the Cause and Interest of Christ are exerceing upon the account thereof So that the Continual rage and Constant opposition which the ingrained adversaries of the Glory and Kingdome of our Lord Jesus Christ are dayly acting and making against all who desire to keep a conscience void of offence both towards God and Man and to remember with some sense and feare their solemne vowes and Sacred engadgments unto the Most High will not suffer us to forget how that After our Land was solemnely de●●uted unto God by Solemne Covenants and indissoluble 〈◊〉 and the defence of the Reformed Religion in Do 〈…〉 Worshipe Discipline and Government become 〈◊〉 condition yea the basis of our political constitu●ion The King not only by his solemne and sacred oath swearing and by his hand writeing subscribing and so fully owneing and approving the same but upon these tearmes and conditions accepting the Royal Crowne and Scepter in the day of his solemne inauguration The People also upon the same tearmes promiseing all subjection and obedience in the Lord And afterward in full Parliament confirming ratifying and approving the same and thereby giving all the security which either Reason Law or Religion could expect or require That all the Ends of these holy Covenants should have been in all time comeing really sincerely and constantly prosecuted by King and Nobles and all ranks of persons within the Land with one heart and minde and consequently That the evils particularly That accursed Hierarchy fully and for ever abjured in these Everlasting Bonds should never be countenanced owned or favoured far lesse re-intro-duced and established and after for our owneing of these necessary things and of the Kings interest in subordination thereunto we were invaded by the English and the Lord who for his his owne holy Ends saw it necessary and doth whatsoever he will in Heaven and in Earth so disposeing overcome and brought into bondage full Ten Years and at length The King who was forced to flee out of all his Dominions returning in such a remarkable and signal way without blood as might have engaged his heart more firmely then ever unto that God who had done such rare and unexpected things for him and made him more then ever fixedly resolve to owne Him and his holy Interests according to his former Vowes Oathes Subscriptions Covenants and Declarations and rationally ascertaned his Subjects that these necessary and good things should not only never be overturned and ranversed but also with greater Zeal and resolution established confirmed and prosecuted then ever formerly how instead of this No sooner did the report of his Majesty's returne come abroad but all the generation of malignants who had ever been heart enemies to the work of God which was carryed on in the Land did lift up thei● head insult over the People of God with all their might according to their ordinary insolency spew out their Venome against the work of God and at length obteaning power did raze the same unto the very foundations anull and rescinde all Acts all Covenants all Resolutions and Conclusions which had been made and taken for setling and secureing the Reformed Religion in Doctrine Worshipe Discipline and Government condemne all which had been done in carrying on the Work of Reformation as pure and manifest Rebellion and having re-intro-duced and established abjured Prelacy with all it 's concomitant abhominations did enact and enjoyne most tyrannically a full conformity unto all these abhominations and presse in a most horrid and arbitrary manner the faithful Servants and seekers of God to a complyance with these accursed and ever to be abhorred courses and upon their simple refusal did violently and barbarously eject the faithful Servants of Christ banishing some out of all the three Dominions incarcerating others after thev had imbrewed their hands in the blood of the best of our Nobility and Ministry and chaseing by their irrational and brutish acts multitudes of them from their flocks and familiars and then having in an antichristian manner thrust in upon the People a crew of the basest and naughtiest wreatches the Earth did bear by their cruel and tyrannical acts compelled constrained the couscientious seekers of God to accept of countenance owne and constantly hear such as lawful Ministers lawfully called and sent of God and when honest People considering both the way of their entry to be Antichristian their doctrine false and erroneous their conversation scandalous and abhominable their qualifications rather such as sute the publick Ministers of Satan then the called Servants of God their whole deportment a manifest demonstration to all onlookers that they were never called of God unto that work and considering how iniquously their owne faithful Pastors and Fathers had been thrust from them and how by their solemne Oath they stood obliged to the constant keeping of a perfect antipathy unto every part and pendicle of that abjured Hierarchy and unto what was contrary to sound doctrine and to the power of godlinesse and to the work of Reformation and Reformed Religion in Doctrine Worshipe Discipline and Government did forbear to yield obedience unto these antichristian and iniquous Lawes did by their arbitrary and barbarous executions what by
Magistrate from violence and opposition when he keepeth within his sphaere and doth his duty 4. If the matter passe from resistence to revenge we approve it not if the pride and haughtinesse of the spirit of Princes be the cause of this let them see to it and labour to prevent it by condescending to the just equitable demands of their oppressed and grieved subjects 5. We do not deny but God may stir up an Absolome and other conspirators against a Gracious David for his owne holy ends But in ordinary providence it is to be seen that good Princes while alive and when dead have had more respect of their Subjects then others who have been most flagitious and wicked The books of the Kings Chronicles demonstrate this That good Kings have been much honoured and reverenced while living and much lamented when dead and upon the contrare vvicked King 's have either been cut off or when dead have not been desired nor burned with the burnings of their fathers nor buryed in the sepulchre of their fathers whatever forced submission outward respect they might have had while living 6. As for the difference that God in his providence hath put betwixt Heathenish and Christian Kinges see what Evagrius sayeth Eccles histor cap. 41. speaking against Zosimus he hath these words worth the marking Let us see if thow will how the Emperours which were Hethnickes and Panimes maintainers of Idolatry and paganisme and how on the contrary such as cleaved unto the Christian faith ended their reigne was not Cajus Julius Caesar the first Emperous slaine by a conspiracy did not certane souldiers with naked swords dispatch Cajus the nephew of Tiberius was not Nero murdered by one of his familiar and dear friends Had not Galba the like end Otho Vitellus who all three reigned only Sixteen moneths what shall I speak of Titus whom Domitianus poisoned although he was his owne brother what sayest thow of Commodus what shall I say of Marcinus did not the souldiers use him like a captive about Byzantium and cruelly put him to death what shall I say of Maximinus whom his owne army dispatched were not Gallus and Volusianus murdered by their owne army had not Aemilianus the like miserable end But since Constantine began to reigne-was there any one Emperour in that city Julian a man of thine own Religion-only excepted that was murthered by his owne subjects It were an endlesse work to run thorow histories and show how for the most part contrare to what he sayes these Kings who have been resisted by their Subjects whether in the time of Heathenisme or since Christianity was professed have been most flagitious and wicked Sure if we should goe no further but to our owne history we shall finde this put beyond all question the Surveyer himself being witnesse who sayes Pag. 78. that the instances of opposition made unto the Scotish Kings adduced by the Apolog. were but the insurrection of Nobles against the Kings and violent oppressions of such of them as have been flagitious and tyrannous And thus he contradicteth what he just now said But to what purpose is all this stir He sayes but can he prove that we assert That any party of the people when strong enough may get up against the King and all Magistrates when they judge that they deal wrongously and injuriously with them Sure the thing which we affirme is far contrary to this as hath been often times shewed We know that the evil wit of a seditious party can soon paint the Best King as a black and ugly Tyrant and vve know also that the evil wit of a hired court-parasite and bese flatterer can paint out the blackest Nero or Caligula or a Heliogabalus as a brave and virtuous prince And this is nothing to our case when the acts of Tyranny and oppression are as legible as if written with the sun-beames It behoved to be strange virmilion that would serve to make the apostasy perjury oppression and tyranny of the novv Prince and Rulers appear vvhit and comely and he needs no great vvit vvho vvould painte out these grosse acts under the forme of ugly Tyranny Yet vvith all vve shall vvillingly grant to him that All the fearers of God should rather indure some acts of real tyranny then by doctrine or practices of resistence open a door to the destruction of good Kings by a party not of their spirit but lurking under their pretences and to the continual dissolution concussion and desolation of humane societies for this is not the thing vve are against Some acts of Tyranny vve are vvilling to endure provideing he vvill grant us liberty both to teach practise resistence vvhen the acts of tyranny are not one or two but many nor acts of Tyranny in smaller and lesse considerable matters but such as tend to the destruction of the true Libertyes of the Subject to the overturning of a Covenanted vvork of Reformation svvorne-to by all rankes and degrees of people hovvbeit men of corrupt principles and of another spirit should lurk under these pretences Is it not reasonable that vve also demand of this Surveyer vvhile he is in a good mood That he vvould evidence so much fear of God as not to condemne resistence unto real tyranny so as to open a gap to all the ingrained bloody Ner●es and such prodigious Canibales to vvaste destroy at pleasure the best of Subjects What follovveth concerning obedience active and Subjection passive hath been spoken to formerly and it is needlesse fill up pages vvith repetitions as he doth only vvhereas he citeth Apolog. Pag. 376 377. granting that subjection is necessary and supposeth that this is repugnant to vvhat Naphtali sayeth He vvould knovv that he is in a great mistake for the question there is concerning obedience in things indifferent or of submitting to the penalty and that by a few privat persones and though in this case a single person who will not obey the Magistrate in these matters must yeeld the penalty and so acknowledge his subjection it will not follow that a multitude or a Community forced under intolerable penaltyes to acts of impiety and hainous transgression and who can defend their rights and just privileges palpably and iniquously violated may not repel such unjust force with force resist intolerable tyranny abusing the ordinance of God to all acts of wickednesse and to the overturning destroying the very ends of government And to this Naphtaly speaketh Pag. 28. So that he but gives vent to his profane Spirit to cry out as he doth Pag. 46. and say Good God! to what times are we reserved to see so certane truths that may be reckoned among the immoveables of Religion and the ancient land marks removed by an upstart furious Crue who by their new principles as false as new seek to confound both Church and State The lawfulnesse of privat men's counter acting and violent resistence to a whole Church a whole
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
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.
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