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Of Resisting the Lawful Magistrate Under Color of Religion · Henry Hammond

Of Resisting the Lawful Magistrate Under Color of Religion, Part 2

Of the Zealots among the IEWES, and the Liberty taken by them.

THere was among the Jewes, either truly or pretendedly, a judicium Zelotarum, a peculiar liberty or power of Zelots, (i. e. of private men led by zeale) to punish or execute Malefactors, whether with death, or any lower punishment. These they stile Pious-men inflamed with the zeale of God: And these were wont, when they found any man in the fact, guilty of sedition, blasphemy, or any other crime of the greater size, openly and publikely committed, presently to set upon him, to smite, and if need were, to kill him, without any processe of Law against him.

The originall of these came from the fact of Phinees, Num. 25. 7. of whom Mattathias, in his dying oration to his sonnes, hath these words, foreign. Phinees our father (by zealing the zeale of God, saith the Vulgar Latine) by behaving himselfe zealously, received the promise of an eternall Priesthood, 1 Mac. 2. 54. Which is also affirmed of Elias, vers. 58. foreign. Elias by zealing the zeale of the Law, or behaving himselfe zealously for the Law, was received up to heaven; (which belongs to that fact of Elias, immediately before his assumption, when he call'd twice for fire from heaven on Ahaziah's messengers, 2 King. 1. 10, 12. unlesse you will rather apply it to that fact of his, 1 King. 18. 40. against the Prophets of Baal, whom hee apprehended and slew together every man of them:) by which examples hee there stirres up and incites his sonnes, foreign, to be zealous for the Law, vers. 50. though not to commit any such particular act of that nature, as that which those had done.

Testimonies of Jewish Writers to this purpose, Master Selden hath put together in his book, De jure Natur. & Gent. ad Heb. plac. lib. 4. cap. 4. and given some hints of explaining some difficulties in the New-Testament from thence. To this belongs that fact of Christ, Joh. 2. 15. as appeares by the Disciples; of whom it is said, vers. 17. that upon that occasion they remembred how it was written by the Psalmist, Psal. 69. 9. The zeale of thy house, or for thy house, foreign, hath fed on me, or carried me with a kind of fury.

That Christ did not take upon him to be a Magistrate, or a Judge, or a publike person here on earth, is sufficiently acknowledged: as also, that as a private man hee neither did, nor attempted any thing contrary to the Lawes or customs of the Jewes or Romans: Or if hee had, that the Jewes who had a competent measure of animosity against him, would not probably have suffered him to have done it Scot-free. From all which it will follow undoubtedly, that this was done by Christ, jure Zelotarum, by the power that belonged to the Zealots, for whom onelyonly the Law allowed this liberty. The same is to be said of that attempt of the Jewes, Joh. 10. 31. foreign, The Jewes therefore carried stones again that they might stone him, no legall processe having preceded.

The same Master Selden notes of the servant of the High Priest that struck Christ, Joh. 18. 22. whose answer is a seeming argument of it, vers. 23. If I have spoken well, why smitest thou me? intimating, that if hee had said any thing amisse, or irreverently of the High Priest, hee should not have questioned his striking him: And yet the truth is, the phrase foreign, beare witnesse of the evill, seems an advertisement, that if Christ had offended, it would have better become the servant to have accused and witnessed against him, proceeded legally, then thus, jure Zelotarum, to have stricken him. On the same ground was the fact of Ananias, Act. 23. 2. though sitting in the Sanhedrin, when he appointed Paul to be smitten, though without any just crime also. The like proceedings the Scribes were, it seemes, affraid of, Luk. 20. 6. The people will stone us: which must have been an act of popular zeale, without publike judgement. That Saint Steven, Act. 7. 57. was stoned after this manner, is observed by Hugo Grotius, and certainly upon good reasons; for although hee were accused of blasphemy, c. 6. and false witnesses brought to that purpose, yet after that, there was nothing legally past against him through all the seventh Chapter, beside his Apology for himselfe to the High Priest. In the conclusion of which (no sentence passing against him) it followes, that the people foreign, vers. 54. which Hesychius will help us to render thus, They were very angry, they were madded with fury or zeale against him, and gnashed their teeth (it seems that flame of zeale produced the same effect in them that the flames of hell are said to doe, Mat. 8. 12.) against him, and crying with a loud voice, they stopp'd their eares, and ran with one accord upon him, (all which, were evidences of a most violent zeale) and cast him out of the City, and stoned him; which out of doubt was not now lawfull for the Jewes, (all power of capitall punishment being before this taken from them, Joh. 8. 31.) nor before legall condemnation ever lawfull by the common way of proceeding; no nor after condemnation, to be done thus tumultuously by the people: save onelyonly that by the liberty of Zealots it was permitted. So Act. 14. 19. it befell Saint Paul, (God in his providence permitting him to be thus dealt with, by way of retaliation, for his having an hand in stoning Saint Steven, when Barnabas met not with the like adventure) certaine Jewes that came from Antioch and Iconium having stoned Paul, &c. by this judgement onelyonly of zeale, which we now speake of.

Hither perhaps we may referre that of the Jewes, who brought the woman taken in Adultery to Christ, that she might be stoned; not desiring, as it appears, that Christ should give sentence of death on her by ordinary legall judicature, (for neither was Christ a Judge, nor had the Jewes now power of capitall punishment) but by the liberty of Zealots, which was thought principally to belong to that case of one taken foreign, in the very fact, as appeares by the example of Phinees. So Act. 23. that foreign, great cry (such as was observed in the story of Saint Steven) was the beginning of the flaming of zeale, and vers. 10. it followes, that the chiefe Captaine, or Tribune, sent Souldiers to rescue and defend Paul, that hee might not be taken by that party of Zealots, who, vers. 12. had bound themselves under a curse, that they would neither eat nor drink untill they had slain Paul; who sure could not have done so impunè, had it not been thus indulged to them, as Zealots. So when James and John demand of Christ, whether they should command fire from heaven to descend on a Village of the Samaritanes, Luk. 9. 54. this they did by the liberty of Zealots, for the legality of their action taking their pattern from the example of Elias, and presuming of the power to doe it, because Elias had. (In reference to both which, wee read of foreign, Luk. 1. 17. the spirit and power of Elias; that spirit, by which hee was incited to that act of zeale, and that power by which hee could call for fire from heaven; whereupon it is Procopius his expression of Elias, that hee was foreign, accended with divine zeale, or set on fire by it.) Now when Christ reprehendeth those Disciples, telling them they knew not, i. e. considered not, what spirit they were of, hee advertiseth them that this practice of Zealots is not agreeable to the spirit of the Gospel, nor generally to the temper which hee came to plant among Christians.

And having now among the Apostles of Christ themselves found some footsteps of the Jewish zeale, 'twill not be amisse to interpose a conjecture, that from the same originall sprung that bloudy fact of Peter, cutting off Malchus his eare, Mat. 26. 51. For that this was not lawfull for him to doe, or justifiable by the ordinary rule, may be guest by Christs answer of reproofe and vouching the Law, (All they that take the sword, shall perish by the sword;) and yet that it was not a fact very enormous among the Jewes, or being compared with their avowed practices (though clearly forbidden by the Gospel) Origen and Theophylact seem to intimate. Origen on Mat. 26. Unus eorum qui erant cum Jesu nondum manifestè concipiens apud se Evangelicam patientiam illam traditam sibi à Christo, nec pacem quam dedit Discipulis suis, sed secundùm potestatem datam Judais per legem de inimicis, extendens manum accipit gladium, &c. One of them that were with Jesus, having not yet any full cleare conception of that Evangelicall patience delivered them by Christ, nor of that peace which hee gave to his Disciples, but according to the power given the Jewes by the law of enemies, took out his sword, &c. Theophylact yet more clearly in Mat. 26. foreign. Let us not find fault with Peter; for what hee did, hee did out of zeale, not for himselfe, but for his Master: but the Lord reducing him to the Gospel-discipline, teaches him not to use the sword, though thereby a man should seeme to defend or vindicate God himselfe. And in another place in Luk. foreign, the Disciples are mov'd with zeale, and draw swords. And in a third place in Mark. foreign, intimating, that Peter himselfe counted this fact of his a piece of zeale, for which hee might be commended.

Thus much was not amisse to produce in behalfe of this conjecture, that what Peter did in defence of Christ, hee did as a Zealot; and yet to see, Christ is so farre from approving it, that it incurres the same reprehension which James and John before had met with; nay, somewhat a severer, that all might discerne how distant the spirit of Zealots was, from that other of Disciples; the Judaicall fervour, from the meeknesse of the Gospel: Though the Apostles themselves had not yet perfectly learn't this truth at Christs death, nor untill the Holy Ghost came to teach them all things, and to bring to their remembrance whatsoever hee had in person being present said unto them.

A plaine mention of these Zealots we find, Act. 21. 20. where of some of the Jewes 'tis said, they are all foreign, Zealots of the Law, that were like to be very hot if they saw any thing done to the prejudice of the Law: Of whom therefore Saint Paul is advised to beware. So of Paul himselfe before his conversion, Act. 22. 3. 'tis said hee was foreign, a Zealot of Gods, or in Gods cause; and presently it followes, foreign, I persecuted to death, &c. for so the Zealots were wont to doe. So Act. 17. 5. foreign, the Zealots of the Jewes, or, the Jewes inflamed with zeale, (as the old Translation reads it, Zelantes, better then the new, invidiâ commoti) of whom 'tis added, foreign, took unto themselves certain lewd fellowes of the baser sort, and made a tumult, and set all the people in an uprore. Of which kind Master Selden has observed, that Simon was one, Luk. 6. 15. Act. 1. 13. called by Saint Luke, foreign, Simon the Zealot; but by the other Evangelists, Saint Matthew and Saint Marke, foreign, or (as Schindler and other learned men are bold to mend it) foreign, which we render, the Cananite; but 'tis apparent the word is to be fetcht from the Hebrew foreign, Canna, which signifies, Zealot; not from the name of the place: and so is all one with the Greek foreign, as perfectly the same as foreign and Cephas, foreign and Tabitha, and many the like. And thus farre by Scripture light have we past in this disquisition.

Now what tumults and riots have been wrought by the rude multitude among the Jewes, (or those at least who had no lawfull power in their hand) under the pretence of the priviledge of Zealots, no man can be ignorant, who is not wholly unacquainted with Josephus story. For in his relation there is nothing foreign.more ordinary, then to find all things disturbed by them, the Temple or holy place defiled, foreign, by their prophane feet, to the reproach of God; chiefe Priests removed, and others placed in their roome without all respect of bloud, elected by them either according as they pleased, or else by lot; (as it was in the election of one Phannias the son of Samuel to the high Priesthood) a man, saith Josephus, who foreign foreign.foreign, was not onelyonly unworthy to be high Priest, but that did not so much as know what the high Priesthood was, such was his rusticity.

Many passages we find scattered in this Authour, in his books of the Captivity, and large stories of the seditions, and uprores, and massacres, by two sorts of men among the Jewes, the one called foreign, Sword-men or Cutters; (of whom Saint Luke makes mention, Act. 21. 38. we render them, Murtherers; and it seemes foure thousand of them got together in a company) the second foreign, Zealots; of whom hee makes relations, especially lib. 4. c. 11. where hee saith of them, that they killed many of the chiefe men of the Nation, and still when they did so, boasted and bragg'd of themselves, foreign, that they were become the benefactors and preservers, or saviours of the City. And by the timidity and basenesse of the people concurring with their insolence, advanced so farre, foreign, that they took to themselves the election and constitution of the high Priests. foreign, and contemning the rules of birth by which the high Priests were to succeed, they constituted ignoble obscure men in those places, that by that means they might have some abetters and partners of their villainies. And cap. 12. hee saith, the name of Zealots was of their owne imposing, foreign, as if all that they did (Murthers, Sacriledges, Profanations, before mentioned) were by them done in good intentions, and not, as indeed they were, in emulation, and even to the out-stripping and exceeding the worst actions that had bin recorded. Thus far Josephus.

That these Zealots were a fourth Sect of the Jewes, (added to Sadduces, Pharisees, Essens) having its originall from Judas Gaulonita and Sadduchus, is the affirmation of Bonaventura Cornelius Bertramus, in the end of his book De polit. Jud. A Sect, saith hee, Judaeis ipsis omnibus perniciosissima, ut quae Judaeorum omnium excidium totius que reip. Judaicae prostrationem non modo accelerârit, sed & eam tam miseram & calamitosam effecerit: A Sect most sadly pernicious to the Jewes themselves; the destruction of all whom, and the prostration of their whole Common-wealth, it did not onelyonly hasten and precipitate, but made it so miserable and calamitous when it came.

Having proceeded thus farre by way of narration, it may chance to be worth the paines to present unto the Reader a conjecture upon the twelfth verse of, the fourth Chap. of the 1 Epistle of Saint Peter, foreign, The vulgar Latine renders it by words utterly unintelligible: nolite peregrinari in fervore. Beza, ne tanquam peregrini exploratione illâ per ignem percellimini: as if foreign signified a strangers being stricken or amazed: and foreign triall by fire: which whatsoever it may in some other place, it cannot doe here: because here is added foreign which is befallen for your triall, which word would be superflous, if foreign noted triall by fire. The more simple and cleare rendring will be to set the words so, that foreign may signifie a combustion, or fire, or burning, (so both the Vulgar and Beza, Revel. 8. 9. render foreign fumum incendii, and the smoke of her burning) and foreign may denote these 3 things. 1. To wonder (so the Greeke Scholiast, foreign) 2. To be affrighted: (so Tertullian, ne expavescite) 3. So as it may be all one with foreign, to be stricken as with an accident wherewith we are unacquainted. These three senses each, as all of them, may be allowed their places here. Now the conjecture is, that by the foreign, the combustion or burning, &c. should be meant, that notable combustion of the Zealots before mentioned, (for indeed the words are of some affinity, the one comming from foreign, fire, the other from foreign, growing fervently hot or burning.) The grounds of the conjecture are these; 1. Because that last fatall day, the destruction of Jerusalem is spoken of in that very Chap. ver. 7. as that which for some time had been at hand: for I conceive I can make it plaine by comparing of places of the new Test. that foreign the end of all things is (not the finall period of the world, but) that destruction of Jerusalem or the Jewish Common-wealth, and of that it is said, foreign, it is, or hath for some time beene at hand, it was not yet comen: but of this foreign or combustion, that it was then foreign, already come; which is directly agreeable to the observation of Josephus, and others conversant in the Jewish, who affirme that that raving and rioting of, (and sad civill combustion wrought by) the Zealots, was antecedent and precursory to the finall destruction of the Jewes by Titus. 'Tis affirm'd of this foreign that it was foreign, i. e. among you, in your Land, in the midst of you, (as that phrase frequently signifies in the new Test.) by which is marked out some remarkable thing, which was fallen out among the Jewes, as that time when Peter wrote; to which time that the raving of the Zealots endured, is apparent by mention of them, Act. 21. 20. Act. 22. 3. and that by their stirres these Christian Jewes of the foreign or the dispersion to whom he writes, had beene first scattered abroad, may be conjectured by Act. 8. 1. This may suffice for a conjecture, which whether it stand or fall, will not be much concernant to the businesse which occasioned this foreign.

To conclude this historicall uneven discourse, I shall onelyonly annex these few animadversions by way of corollary.

1. That this law, or power, or custome, or liberty of Zealots, was never of force but among the Jewes.

2. That the originall and ground of it among them is to be fetcht from hence, that among that people, God immediately presided, and reserved many things to be manag'd and ruled by his peculiar and extraordinary incitation and impulsion, not by any rule of standing publicke law; that so that Common-wealth might be truly capable of that title which Josephus bestowed on it, none of the kinds of humane Governments, but foreign the government of God.

3. That it followes not from hence, that all things which were by the Jewes themselves done under pretence of this right, and passed unpunished, were therefore well done; but onelyonly those which were undertaken by men truly incited by God, (such as Phineez and Elias) for that priviledge is not therefore stil'd zeli privati, of private zeale, because private men by their owne incitation (foreign, as that is opposed to Gods) did what they did; but because they did it without legall processe, or publike judicature. And though I should be so scepticall, as not to dare peremptorily to affirme, that nothing was well done or justifiable in that kinde, but what they did who were truly and immediately incited to it by God; yet should I not be so cowardly as to doubt, but that all those Jewes were so bound to observe those examples of Phineez and Ellas, that if they were not immediately incited by God, yet they should not dare to exceed the limits of those patterns commended by God, either in respect of the manner of doing, or matter of the action. In one of which you shall finde all the examples mentioned in the New Testament, except that of Christ, to have miscarried. And therefore I hope no man will be so unjust to the charitable designe of this Paper, so treacherous to his Readers, so unkinde to his owne Soule, as to borrow from these premises new hints of arguments to susteine a desperate cause by his pretence of zeale; for that would be to extract Rosacre out of Treacle, poyson from that which was designed for antidote. And he must withall resolve, that if the practice of Christ first mentioned, be his president, he must also prescribe to Christs power; or if any of the other New Testament examples; he must be content to fall under their condemnation, for not one of them that I ever yet heard of, was excused by any.

4. That this Sect of Zealots when they thus got together into a body was by the Jewes themselves (among whom the priviledge of Zealots was yet in force) taken for the most unlawfull, yea pernicious and fatall, most eminently destructive to that Common-wealth (as appeares by Josephus and Bertram) and that those things which they did under pretence of law and colour of zeale, were violations of law and meere sacriledge.

5. That all use of this liberty, all imitation of that Jewish priviledge of Zealots in the Old Testament, is cleerly interdicted all Christians; First, because the written word is the onelyonly Oracle wherein God constantly reveales himselfe to Christians now under the new Testament, neither are any other incitations to be expected from God, but what in the Gospell or New Test. the foreign, the administration of the Spirit (as preaching the Gospell is call'd) doth yeild or afford us; what is more then this, yea, though it come to us from the Pulpit, savours of enthusiasmes and seducing spirits; Secondly, because Christ hath both by his doctrine and example commended to his Disciples all manner of meeknesse (and Saint Peter, the meeke and quiet spirit, as most precious in Gods sight under the Gospell, and this a grace most directly contrary to that Spirit of Zealots) yea and hath forbidden all private revenge of injuries (done not onelyonly to our selves, but God) referring all to the Magistrate (whom Saint Paul calls foreign, Rom. 13. 4. the minister of God to execute wrath, or an executioner for wrath) and therefore himselfe medled not with the woman taken in Adultery; Thirdly, because he interdicted James and John the use of this power, adding a reprehension, and words emphaticall to this purpose, he turned and rebuked them, saying, you know not what spirit you are of; intimating, the Christian spirit to be very distant from that of the Zealots among the Jewes.

I shall adde no more, but my prayer, that as many as have zeale, may have it according to knowledge, and that knowledge, according to the directions of the Gospell.