Christianismus primitivus, or, The ancient Christian religion, in its nature, certainty, excellency, and beauty, (internal and external) particularly considered, asserted, and vindicated from the many abuses which have invaded that sacred profession, by humane innovation, or pretended revelation comprehending likewise the general duties of mankind, in their respective relations : and particularly the obedience of all Christians to magistrates, and the necessity of Christian-moderation about things dispensible in matters of religion : with divers cases of conscience discussed and resolved / by Thomas Grantham ...

CHAP. II. Of the great Duty which lieth upon the Rulers of this World.

HAving asserted the Duty of all Christians, as well as of other Men to the Powers, or Governors of the World, and clearly, I hope, shewed our Innocency as to the Charge laid against the Anabaptists, by Mr. Calvin, Mr. Perkins, and others, who have represented them as a People, denying Magistracy, &c. which indeed were to make Mankind less than Men, and little more than Beasts.

It will not be out of our way, if now we treat briefly of the Duty if Magistrates: For it is certain they are but Stewards, though of an higher Rank, and must as surely be accountable for their Stewardships, as the meanest Pesant upon the Earth. Yea, let me add, That by how much a greater Trust is committed to them, by so much the greater is their Duty to God, and Men too; whom though they Rule, yet they also Serve, and must give account to God, how their Lives, Liberties, and Estates, have been preserved, or destroyed, so far as the publick exercise of Worldly Power hath been concern'd therein.

'Tis true, Earthly Gods they are, (an honourable Appellation) but then it concerns them to take the God of Heaven and Earth for their Pat∣tern, and first to consider, how in great Wisdom he Rules in the Universe: Wisdom is the principal thing, saith Solomon that wisest of Kings, who therefore in his entrance to his Regal Capacity begg'd of the King of kings a wise and understanding Heart, that he might know how to Rule his People.

Jethro's counsel to Moses was very prudent, and written, to inform us what manner of Men are fit for Government, Exod. 18. 21. Moreover,

thou shalt provide — able Men, such as fear God, Men of truth, hating Covetousness, and place such over them to be Rulers of thousands, &c. Yea, they must be such as knew the Laws of God. And indeed, where the Laws of God are known, it must needs become Princes, and all Rulers, to meditate in the Law of the Lord Day and Night; for there they will find the Mind of the Lord, and the Nature of his Government for their direction in general. Although it must be granted, that as to the parti∣cular Laws for the Civil Government of such or such Nations, the Scriptures cannot be the Platform, the Civil Constitutions therein men∣tioned, being generally adapted to the state of the Tribes of Israel, and most proper for the Land of their Inheritance. So that of necessity the Civil Magistrate must have power to make wholesome Civil Laws for his Subjects, according to the differing State of Nations, and the Blessings where-with Nations do more or less abound. The most important Caution being this, That no Laws be made against the Law of God, or right Reason; if otherwise, such Laws are void as soon as made: As is granted by those that are learned in the Fundamental Laws of this Realm.* 1.1

As the making, so the execution of Laws, require great Wisdom; * 1.2 and especially in a patient and diligent enquiry into the cause of the Dilin∣quent, which being often wanting by rash precipitation, the good Subject is often injured, and the injurious encouraged. Doth our Law, saith Nicodemus, * 1.3 judg any Man before it hear him, and know what he doth? We read of Philip of Macedon, who being heavy with sleep when he once gave Sentence against a Delinquent, the censured Party appealed from Philip asleep, to Philip awake. Nor is the Story of Alexander less worthy of Memory, who was wont to stop one Ear to the Complainant, saying, that he reserved the other for the accused Party. And the Scrip∣ture tells us, it was not the manner of the Romans, to condemn Men before the Accused was face to face with the Accuser, and had licence to answer for himself, concerning the Crimes laid against him. Which Equi∣ty among Heathens, I fear (and in part know) is hard to be found some∣times in Courts who have far better means of Light, than those Romans had. Now a wise and understanding Heart, teacheth to abhor such In∣justice, and to consider what may be his own case another day; and there∣fore will the Magistrate, in whom such Wisdom dwelleth, be as careful of the preservation of all Mens Lives, Liberties, or Estates, as his own, not enduring to see them destroyed without necessity, (not in pre∣tended Policy) when he sees otherwise wholesome Law and Justice will be violated. And herein the Distick of Seneca, may not be unfit.

Qui statuit aliquid, &c.

One side unheard, whoe're the Judg shall be, He is unjust, though rightly he decree.

SECT. II. Of Magistratical Justice.

Justice, as well as Wisdom, is originally in the most High God, and thence derived to Mankind, and to be put into exercise by all Men; but the publick Execution thereof in the Nations, pertains to the higher Pow∣ers. He bears not the Sword in vain; * 1.4 He is (as the Apostle gravely phra∣seth it) the Minister of God; a Terrour to evil Works; a Revenger to exe∣cute Wrath upon him that doth evil. But they only do worthily answer to this Description, when they adhere to the Just God, whose Wrath is revealed from Heaven against all unrighteousness of Men; and he is that Judg of all the Earth, which will do Right. * 1.5 David professed, * 1.6 That when he should receive the Kingdom, he would deal uprightly, and to that end, doubtless, had set the Lord always before his Face. Lev. 19. 15. Ye shall do no unrighteousness in Judgment: Thou shalt not respect the person of the Poor, nor honour the person of the Mighty; but in Righteousness shalt thou judg thy Neighbour.

That which hinders Justice, is commonly one of these three things. First, Want of Courage. God is dishonoured by pusilanimity in a Judg, he should fear the face of no Man. Deut. 1. 17. Deal couragiously, and the Lord shall be with the Good. Josh. 1. 6, 7. Be strong, and of a good Courage, — Only be thou strong, and very couragious, that thou mayest observe to do according to all the Law. Secondly, Bribes. Exod. 23. 8. And thou shalt take no gift, for the gift blindeth the Wise, and perverteth the words of the Righteous. It was a saying of Isadore, Lib. 3. He that judgeth right∣ly, and for that looketh for a reward of Recompence, is a trespasser against God; because for Money received he selleth Righteousness, which he ought to bestow freely. And surely, where Justice is bought and sold, there Mens Lives, Liberties, and Possessions, are bought and sold; which is a most crying Sin, and therefore cried against by the Prophet, Isa. 1. 23. Thy Princes are companions of Thieves, every one loveth Gifts, and followeth af∣ter Rewards; they judg not the Fatherless, neither doth the cause of the Wi∣dow come unto them. And thus Justice being taken away, we may say with Augustine, * 1.7 What are Kingdoms but great Robberies? Thirdly, Partiality is a great impediment to Justice, when Mens Causes are not known, but their Persons only: This the Lord expresly forbad, and complains of the violation of his Precept in that behalf. * 1.8 Therefore have I made you con∣temptible and base before all the People, according as ye have not kept my Ways, but have been partial in the Law. It is reported in the old time, * 1.9 Judges were wont to be vailed, and to hear the bare Causes only, without know∣ing the names of the Persons whose Causes they were. * 1.10 For as Seneca well observes, Judgment is clean overthrown, when Affection hath predo∣mination. * 1.11 And Tully, no less truly; He putteth off the person of a Judg, that putteth on the person of a Friend, or Enemy.

SECT. III. Of Magistratical Mercy.

Should Justice proceed without Mercy, it would cease to be Justice, Man's frailty considered; for Mercy presupposeth the infirmity, or ne∣cessity of him to whom it is extended. God hath spoken once (saith Da∣vid) * 1.12 twice have I heard this, that Power belongeth unto God. To the Lord also belongeth Mercy; for thou renderest to every Man according to his Work. God takes notice of the Vertues that are found in Men, as well as of their Weakness, though he would in no wise justifie the Wicked, Psal. 82. 3, 4. Now the Mercy which lieth within the reach of the Magistrate, is in such things as these, viz. To defend the Poor and Fatherless, who cannot help themselves: Yea, to rid them out of the hand of the Wicked, who un∣der pretence, or rigour of Law, would devour them; for summam jus, is no less than summam injura. And though Humane Laws must be made with great exactness, yet sith the intent of all good Laws are to preserve Men from Ruine, the execution must be tempered with Mercy; as our Saviour shews in the Parable, Mat. 18. 23, to 35. And as there is forgiveness with the Lord, that he may be feared, else none could stand before him; so also must Men learn, that God will sometimes ac∣cept at their hands the exercise of Mercy, rather than Sacrifice. Mercy and Truth (saith Solomon) preserve the King; and his Throne is upholden by Mercy. Hence the Counsel is (or rather the Reproof upon the neg∣lect thereof) Prov. 24. 11, 12. recommended to our consideration, that such as can, are to deliver them that are drawn unto death, and those that are ready to be slain. Nor shall Men be excused by pretending they knew it not. For, Doth not he that pondereth the heart, consider it? And he that keepeth thy soul, doth he not know it? And shall not he render to every Man according to his works? Doubtless, Magistrates should tread the steps of Mercy, as holy Job did, who delivered the Poor that cried, and the Fa∣therless, and him that had no helper. And so, The blessing of him that was ready to perish came upon him, and he caused the Widows heart to sing for joy. He was Eyes to the Blind, Feet to the Lame, a Father to the Poor, and the cause which he knew not, he searched out, Job 29. Thus Mercy and Truth were sweetly combined.

Notes

• * 1.1

  Doct. and Student.
• * 1.2

  Deut. 13. 14. & 19. 18.
• * 1.3

  John 7. 51.
• * 1.4

  Rom. 13.
• * 1.5

  Gen. 18. 25.
• * 1.6

  Psal. 75. 2.
• * 1.7

  Aug. de Civ. Dei. l. 4. c. 4.
• * 1.8

  Mal. 2. 9.
• * 1.9

  Muscal.
• * 1.10

  Senec.
• * 1.11

  Tully.
• * 1.12

  Psal. 62.