(Calvin, Institutes of the Christian Religion 4, part 22)
Chapter 20. Of civil government
This chapter consists of two principal heads, - I. General
discourse on the necessity, dignity, and use of Civil Government, in
opposition to the frantic proceedings of the Anabaptists, sec. 1-3.
II. A special exposition of the three leading parts of which Civil
Government consists, sec. 4-32.
The first part treats of the function of Magistrates, whose
authority and calling is proved, sec. 4-7. Next, the three forms of
civil government are added, sec. 8. Thirdly, Consideration of the
office of the civil magistrate in respect of piety and
righteousness. Here, of rewards and punishments, viz., punishing the
guilty, protecting the innocent, repressing the seditious, managing,
the affairs of peace and war, sec. 9-13. The second part treats of
Laws, their utility, necessity, form, authority, constitution, and
scope, sec. 14-16. The last part relates to the People, and explains
the use of laws, courts, and magistrates, to the common society of
Christians, sec. 17-21. Deference which private individuals owe to
magistrates, and how far obedience ought to be carried, sec. 22-32.
Sections.
1. Last part of the whole work, relating to the institution of Civil
Government. The consideration of it necessary, 1. To refute the
Anabaptists. 2. To refute the flatterers of princes. 3. To
excite our gratitude to God. Civil government not opposed to
Christian liberty. Civil government to be distinguished from
the spiritual kingdom of Christ.
2. Objections of the Anabaptists, 1. That civil government is
unworthy of a Christian man. 2. That it is diametrically
repugnant to the Christian profession. Answer.
3. The answer confirmed. Discourse reduced to three heads, 1. Of
Laws. 2. Of Magistrates. 3. Of the People.
4. The office of Magistrates approved by God. 1. They are called
Gods. 2. They are ordained by the wisdom of God. Examples of
pious Magistrates.
5. Civil government appointed by God for Jews, not Christians. This
objection answered.
6. Divine appointment of Magistrates. Effect which this ought to
have on Magistrates themselves.
7. This consideration should repress the fury of the Anabaptists.
8. Three forms of civil government, Monarchy, Aristocracy,
Democracy. Impossible absolutely to say which is best.
9. Of the duty of Magistrates. Their first care the preservation of
the Christian religion and true piety. This proved.
10. Objections of Anabaptists to this view. These answered.
11. Lawfulness of War.
12. Objection that the lawfulness of War is not taught in Scripture.
Answer.
13. Right of exacting tribute and raising revenues.
14. Of Laws, their necessity and utility. Distinction between the
Moral, Ceremonial, and Judicial Law of Moses.
15. Sum and scope of the Moral Law. Of the Ceremonial and Judicial
Law. Conclusion.
16. All laws should be just. Civil law of Moses; how far in force,
and how far abrogated.
17. Of the People, and of the use of laws as respects individuals.
18. How far litigation lawful.
19. Refutation of the Anabaptists, who condemn all judicial
proceedings.
20. Objection, that Christ forbids us to resist evil. Answer.
21. Objection, that Paul condemns law-suits absolutely. Answer.
22. Of the respect and obedience due to Magistrates.
23. Same subject continued.
24. How far submission due to tyrants.
25. Same continued.
26. Proof from Scripture.
27. Proof continued.
28. Objections answered.
29. Considerations to curb impatience under tyranny.
30. Considerations considered.
31. General submission due by private individuals.
32. Obedience due only in so far as compatible with the word of God.
1. Having shown above that there is a twofold government in
man, and having fully considered the one which, placed in the soul
or inward man, relates to eternal life, we are here called to say
something of the other, which pertains only to civil institutions
and the external regulation of manners. For although this subject
seems from its nature to be unconnected with the spiritual doctrine
of faith, which I have undertaken to treat, it will appear, as we
proceed, that I have properly connected them, nay, that I am under
the necessity Of doing so, especially while, on the one hand,
frantic and barbarous men are furiously endeavouring to overturn the
order established by God, and, on the other, the flatterers of
princess extolling their power without measure, hesitate not to
oppose it to the government of God. Unless we meet both extremes,
the purity of the faith will perish. We may add, that it in no small
degree concerns us to know how kindly God has here consulted for the
human race, that pious zeal may the more strongly urge us to testify
our gratitude. And first, before entering on the subject itself, it
is necessary to attend to the distinction which we formerly laid
down, (Book 3 Chap. 19 sec. 16;, et supra, Chap. 10:,) lest, as
often happens to many, we imprudently confound these two things, the
nature of which is altogether different. For some, on hearing that
liberty is promised in the gospel, a liberty which acknowledges no
king and no magistrate among men, but looks to Christ alone, think
that they can receive no benefit from their liberty so long as they
see any power placed over them. Accordingly, they think that nothing
will be safe until the whole world is changed into a new form, when
there will be neither courts, nor laws nor magistrates, nor anything
of the kind to interfere, as they suppose, with their liberty. But
he who knows to distinguish between the body and the soul, between
the present fleeting life and that which is future and eternal, will
have no difficulty in understanding that the spiritual kingdom of
Christ and civil government are things very widely separated.
Seeing, therefore, it is a Jewish vanity to seek and include the
kingdom of Christ under the elements of this world, let us,
considering, as Scripture clearly teaches, that the blessings which
we derive from Christ are spiritual, remember to confine the liberty
which is promised and offered to us in him within its proper limits.
For why is it that the very same apostle which bids us "stand fast
in the liberty wherewith Christ has made us free, and be not again
entangled with the yoke of bondage," (Gal. 5: l,) in another passage
forbids slaves to be solicitous about their state, (1 Cor. 7: 21,)
unless it be that spiritual liberty is perfectly compatible with
civil servitude? In this sense the following passages are to be
understood: "There is neither Jew nor Greek, there is neither bond
nor free, there is neither male nor female," (Gal. 3: 28.) Again:"
There is neither Greek nor Jew, circumcision nor uncircumcision,
barbarian, Scythian, bond nor free: but Christ is all and in all,"
(Col. 3: 11.) It is thus intimated that it matters not what your
condition is among men, nor under what laws you live, since in them
the kingdom of Christ does not at all consist.
2. Still the distinction does not go so far as to justify us in
supposing that the whole scheme of civil government is matter of
pollution, with which Christian men have nothing to do. Fanatics,
indeed delighting in unbridled license, insist and vociferate that
after we are dead by Christ to the elements of this world, and being
translated into the kingdom of God sit among the celestial, it is
unworthy of us, and far beneath our dignity to be occupied with
those profane and impure cares which relate to matters alien from a
Christian man. To what ends they say, are laws without courts and
tribunals? But what has a Christian man to do with courts? Nay, if
it is unlawful to kill, what have we to do with laws and courts? But
as we lately taught that that kind of government is distinct from
the spiritual and internal kingdom of Christ, so we ought to know
that they are not adverse to each other. The former, in some
measure, begins the heavenly kingdom in us, even now upon earth, and
in this mortal and evanescent life commences immortal and
incorruptible blessedness, while to the latter it is assigned, so
long as we live among men, to foster and maintain the external
worship of God, to defend sound doctrine and the condition of the
Church, to adapt our conduct to human society, to form our manners
to civil justice, to conciliate us to each other, to cherish common
peace and tranquillity. All these I confess to be superfluous, if
the kingdom of God, as it now exists within us, extinguishes the
present life. But if it is the will of God that while we aspire to
true piety we are pilgrims upon the earth, and if such pilgrimage
stands in need of such aids, those who take them away from man rob
him of his humanity. As to their allegation, that there ought to be
such perfection in the Church of God that her guidance should
suffice for law, they stupidly imagine her to be such as she never
can he found in the community of men. For while the insolence of the
wicked is so great, and their iniquity so stubborn, that it can
scarcely be curbed by any severity of laws, what do we expect would
be done by those whom force can scarcely repress from doing ill,
were they to see perfect impunity for their wickedness?
3. But we shall have a fitter opportunity of speaking of the
use of civil government. All we wish to be understood at present is,
that it is perfect barbarism to think of exterminating it, its use
among men being not less than that of bread and water, light and
air, while its dignity is much more excellent. Its object is not
merely, like those things, to enable men to breathe, eat, drink, and
be warmed, (though it certainly includes all these, while it enables
them to live together;) this, I say, is not its only object, but it
is that no idolatry, no blasphemy against the name of God, no
calumnies against his truth, nor other offences to religion, break
out and be disseminated among the people; that the public quiet be
not disturbed, that every man's property be kept secure, that men
may carry on innocent commerce with each other, that honesty and
modesty be cultivated; in short, that a public form of religion may
exist among Christians, and humanity among men. Let no one be
surprised that I now attribute the task of constituting religion
aright to human polity, though I seem above to have placed it beyond
the will of man, since I no more than formerly allow men at pleasure
to enact laws concerning religion and the worship of God, when I
approve of civil order which is directed to this end, viz., to
prevent the true religion, which is contained in the law of God,
from being with impunity openly violated and polluted by public
blasphemy. But the reader, by the help of a perspicuous arrangement,
will better understand what view is to be taken of the whole order
of civil government, if we treat of each of its parts separately.
Now these are three: The Magistrate, who is president and guardian
of the laws; the Laws, according to which he governs; and the
People, who are governed by the laws, and obey the magistrate. Let
us consider then, first, What is the function of the magistrate? Is
it a lawful calling approved by God? What is the nature of his duty?
What the extent of his power? Secondly, What are the laws by which
Christian polity is to be regulated?. And, lastly, What is the use
of laws as regards the people? And, What obedience is due to the
magistrate?
4. With regard to the function of magistrates, the Lord has not
only declared that he approves and is pleased with it, but, moreover
has strongly recommended it to us by the very honourable titles
which he has conferred upon it. To mention a few. When those who
bear the office of magistrate are called gods, let no one suppose
that there is little weight in that appellation. It is thereby
intimated that they have a commission from God, that they are
invested with divine authority and, in fact, represent the person of
God, as whose substitutes they in a manner act. This is not a
quibble of mine, but is the interpretation of Christ. "If
Scriptures" says He, "called them gods to whom the word of God
came." What is this but that the business was committed to them by
Gods to serve him in their office, and (as Moses and Jehoshaphat
said to the judges whom they were appointing over each of the cities
of Judah) to exercise judgement, not for man, but for God? To the
same effect Wisdom affirms, by the mouth of Solomon, "By me kings
reigns and princes decree Justice. By me princes rule, and nobles,
even all the judges of the earth," (Prov. 8: 15, 16.) For it is just
as if it had been said, that it is not owing to human perverseness
that supreme power on earth is lodged in kings and other governors,
but by Divine Providence, and the holy decree of Him to whom it has
seemed good so to govern the affairs of men, since he is present,
and also presides in enacting laws and exercising judicial equity.
This Paul also plainly teaches when he enumerates offices of rule
among the gifts of God, which, distributed variously, according to
the measure of grace, ought to be employed by the servants of Christ
for the edification of the Church, (Rom. 12: 8.) In that place,
however, he is properly speaking of the senate of grave men who were
appointed in the primitive Church to take charge of public
discipline. This office, in the Epistle to the Corinthians he calls
"kuberneseis", governments, (1 Cor. 12: 28.) Still, as we see that
civil power has the same end in view, there can be no doubt that he
is recommending every kind of just government. He speaks much more
clearly when he comes to a proper discussion of the subject. For he
says that "there is no power but of God: the powers that be are
ordained of God;" that rulers are the ministers of God, "not a
terror to good works, but to the evil," (Rom. 13: 1, 3.) To this we
may add the examples of saints, some of whom held the offices of
kings, as David, Josiah, and Hezekiah; others of governors, as
Joseph and Daniel; others of civil magistrates among a free people,
as Moses, Joshua and the Judges. Their functions were expressly
approved by the Lord. Wherefore no man can doubt that civil
authority is in the sight of God, not only sacred and lawful, but
the most sacred and by far the most honourable, of all stations in
mortal life.
5. Those who are desirous to introduce anarchy object that,
though anciently kings and judges presided over a rude people, yet
that, in the present day that servile mode of governing does not at
all accord with the perfection which Christ brought with his gospel.
Herein they betray not only their ignorance, but their devilish
pride, arrogating to themselves a perfection of which not even a
hundredth part is seen in them. But be they what they may, the
refutation is easy. For when David says, "Be wise now therefore O
you kings: be instructed, ye judges of the earth," "kiss the son,
lest he be angry" (Psalm 2: 10, 12,) he does not order them to lay
aside their authority and return to private life, but to make the
power with which they are invested subject to Christ, that he may
rule over all. In like manner, when Isaiah predicts of the Church,
"Kings shall be thy nursing-fathers, and their queens and nursing-
mothers," (Isaiah 49: 23,) he does not bid them abdicate their
authority; he rather gives them the honourable appellation of
patrons of the pious worshipers of God; for the prophecy refers to
the advent of Christ. I intentionally omit very many passages which
occur throughout Scripture, and especially in the Psalms, in which
the due authority of all rulers is asserted. The most celebrated
passage of all is that in which Paul admonishing Timothy, that
prayers are to be offered up in the public assembly for kings,
subjoins the reason, "that we may lead a quiet and peaceable life in
all godliness and honesty," (1 Tim. 2: 2.) In these words, he
recommends the condition of the Church to their protection and
guardianship.
6. This consideration ought to be constantly present to the
minds of magistrates since it is fitted to furnish a strong stimulus
to the discharge of duty, and also afford singular consolation,
smoothing the difficulties of their office, which are certainly
numerous and weighty. What zeal for integrity, prudence, meekness,
continence, and innocence ought to sway those who know that they
have been appointed ministers of the divine justice! How will they
dare to admit iniquity to their tribunal, when they are told that it
is the throne of the living God? How will they venture to pronounce
an unjust sentence with that mouth which they understand to be an
ordained organ of divine truth? With what conscience will they
subscribe impious decrees with that hand which they know has been
appointed to write the acts of God? In a word, if they remember that
they are the vicegerents of God, it behaves them to watch with all
care, diligences and industry, that they may in themselves exhibit a
kind of image of the Divine Providence, guardianship, goodness,
benevolence, and justice. And let them constantly keep the
additional thought in view, that if a curse is pronounced on him
that "does the work of the Lord deceitfully" a much heavier curse
must lie on him who deals deceitfully in a righteous calling.
Therefore, when Moses and Jehoshaphat would urge their judges to the
discharge of duty, they had nothing by which they could more
powerfully stimulate their minds than the consideration to which we
have already referred, - "Take heed what ye do: for ye judge not for
man, but for the Lord, who is with you in the judgement. Wherefore
now let the fear of the Lord be upon you; take heed and do it: for
there is no iniquity with the Lord our God, nor respect of persons
nor taking of gifts," (2 Chron. 19: 6, 7, compared with Deut. 1: 16,
&c.) And in another passage it is said, "God standeth in the
congregation of the mighty; he judgeth among the gods," (Psalm 82:
1; Isaiah 3: 14,) that they may be animated to duty when they hear
that they are the ambassadors of God, to whom they must one day
render an account of the province committed to them. This admonition
ought justly to have the greatest effect upon them; for if they sin
in any respect, not only is injury done to the men whom they
wickedly torment, but they also insult God himself, whose sacred
tribunals they pollute. On the other hand, they have an admirable
source of comfort when they reflect that they are not engaged in
profane occupations, unbefitting a servant of God, but in a most
sacred office, inasmuch as they are the ambassadors of God.
7. In regard to those who are not debarred by all these
passages of Scripture from presuming to inveigh against this sacred
ministry, as if it were a thing abhorrent from religion and
Christian piety, what else do they than assail God himself, who
cannot but be insulted when his servants are disgraced? These men
not only speak evil of dignities, but would not even have God to
reign over them, (1 Sam. 7: 7.) For if this was truly said of the
people of Israel, when they declined the authority of Samuel, how
can it be less truly said in the present day of those who allow
themselves to break loose against all the authority established by
God? But it seems that when our Lord said to his disciples, "The
kings of the Gentiles exercise lordship over them; and they that
exercise authority upon them are called benefactors. But ye shall
not be so: but he that is greatest among you, let him be as the
younger; and he that is chief, as he that does serve," (Luke 22: 25,
26;) he by these words prohibited all Christians from becoming kings
or governors. Dexterous expounders! A dispute had arisen among the
disciples as to which of them should be greatest. To suppress this
vain ambition, our Lord taught them that their ministry was not like
the power of earthly sovereigns, among whom one greatly surpasses
another. What, I ask, is there in this comparison disparaging to
royal dignity? nay, what does it prove at all unless that the royal
office is not the apostolic ministry? Besides though among
magisterial offices themselves there are different forms, there is
no difference in this respect, that they are all to be received by
us as ordinances of God. For Paul includes all together when he says
that "there is no power but of God," and that which was by no means
the most pleasing of all, was honoured with the highest testimonial,
I mean the power of one. This as carrying with it the public
servitude of all, (except the one to whose despotic will all is
subject,) was anciently disrelished by heroic and more excellent
matures. But Scripture, to obviate these unjust judgements, affirms
expressly that it is by divine wisdom that "kings reign," and gives
special command "to honour the king," (1 Peter 2: 17.)
8. And certainly it were a very idle occupation for private men
to discuss what would be the best form of polity in the place where
they live, seeing these deliberations cannot have any influence in
determining any public matter. Then the thing itself could not be
defined absolutely without rashness, since the nature of the
discussion depends on circumstances. And if you compare the
different states with each other, without regard to circumstances,
it is not easy to determine which of these has the advantage in
point of utility; so equal are the terms on which they meet.
Monarchy is prone to tyranny. In an aristocracy, again, the tendency
is not less to the faction of a few, while in popular ascendancy
there is the strongest tendency to sedition. When these three forms
of government, of which philosophers treat, are considered in
themselves, I, for my part, am far from denying that the form which
greatly surpasses the others is aristocracy, either pure or modified
by popular government, not indeed in itself, but because it very
rarely happens that kings so rule themselves as never to dissent
from what is just and right, or are possessed of so much acuteness
and prudence as always to see correctly. Owing, therefore, to the
vices or defects of men, it is safer and more tolerable when several
bear rule, that they may thus mutually assist, instruct, and
admonish each other, and should any one be disposed to go too far,
the others are censors and masters to curb his excess. This has
already been proved by experience, and confirmed also by the
authority of the Lord himself, when he established an aristocracy
bordering on popular government among the Israelites, keeping them
under that as the best form, until he exhibited an image of the
Messiah in David. And as I willingly admit that there is no kind of
government happier than where liberty is framed with becoming
moderation, and duly constituted so as to be durable, so I deem
those very happy who are permitted to enjoy that form, and I admit
that they do nothing at variance with their duty when they
strenuously and constantly labour to preserve and maintain it. Nay,
even magistrates ought to do their utmost to prevent the liberty, of
which they have been appointed guardians from being impaired, far
less violated. If in this they are sluggish or little careful, they
are perfidious traitors to their office and their country. But
should those to whom the Lord has assigned one form of government,
take it upon them anxiously to long for a change, the wish would not
only be foolish and superfluous, but very pernicious. If you fix
your eyes not on one state merely, but look around the world, or at
least direct your view to regions widely separated from each other,
you will perceive that divine Providence has not, without good
cause, arranged that different countries should be governed by
different forms of polity. For as only elements of unequal
temperature adhere together so in different regions a similar
inequality in the form of government is best. All this, however, is
said unnecessarily to those to whom the will of God is a sufficient
reason. For if it has pleased him to appoint kings over kingdoms and
senates or burgomasters over free states, whatever be the form which
he has appointed in the places in which we live, our duty is to obey
and submit.
9. The duty of magistrates, its nature, as described by the
word of God, and the things in which it consists, I will here
indicate in passing. That it extends to both tables of the law, did
Scripture not teach, we might learn from profane writers, for no man
has discoursed of the duty of magistrates, the enacting of laws, and
the common weal, without beginning with religion and divine worship.
Thus all have confessed that no polity can be successfully
established unless piety be its first care, and that those laws are
absurd which disregard the rights of God, and consult only for men.
Seeing then that among philosophers religion holds the first place,
and that the same thing has always been observed with the universal
consent of nations, Christian princes and magistrates may be ashamed
of their heartlessness if they make it not their care. We have
already shown that this office is specially assigned them by God,
and indeed it is right that they exert themselves in asserting and
defending the honour of Him whose vicegerents they are, and by whose
favour they rule. Hence in Scripture holy kings are especially
praised for restoring the worship of God when corrupted or
overthrown, or for taking care that religion flourished under them
in purity and safety. On the other hand, the sacred history sets
down anarchy among the vices, when it states that there was no king
in Israel, and, therefore, every one did as he pleased, (Judges 21:
25.) This rebukes the folly of those who would neglect the care of
divine things, and devote themselves merely to the administration of
justice among men; as if God had appointed rulers in his own name to
decide earthly controversies, and omitted what was of far greater
moment, his own pure worship as prescribed by his law. Such views
are adopted by turbulent men, who, in their eagerness to make all
kinds of innovations with impunity, would fain get rid of all the
vindicators of violated piety. In regard to the second table of the
law, Jeremiah addresses rulers, "Thus saith the Lord, Execute ye
judgement and righteousness, and deliver the spoiled out of the hand
of the oppressor: and do no wrong, do no violence to the stranger,
the fatherless, nor the widow, neither shed innocent blood," (Jer.
22: 3.) To the same effect is the exhortation in the Psalm, "Defend
the poor and fatherless; do justice to the afflicted and needy.
Deliver the poor and needy; rid them out of the hand of the wicked,"
(Psalm 82: 3, 4.) Moses also declared to the princes whom he had
substituted for himself, "Hear the causes between your brethren, and
judge righteously between every man and his brother, and the
stranger that is with him. Ye shall not respect persons in
judgement; but ye shall hear the small as well as the great: ye
shall not be afraid of the face of man, for the judgement is God's,"
(Deut. 1: 16.) I say nothing as to such passages as these, "He shall
not multiply horses to himself, nor cause the people to return to
Egypt;" "neither shall he multiply wives to himself; neither shall
he greatly multiply to himself silver and gold;" "he shall write him
a copy of this law in a book;" "and it shall be with him and he
shall read therein all the days of his life, that he may learn to
fear the Lord his God;" "that his heart be not lifted up above his
brethren," (Deut. 17: 16-20.) In here explaining the duties of
magistrates, my exposition is intended not so much for the
instruction of magistrates themselves, as to teach others why there
are magistrates, and to what end they have been appointed by God. We
say, therefore, that they are the ordained guardians and vindicators
of public innocence, modesty, honour, and tranquillity, so that it
should be their only study to provide for the common peace and
safety. Of these things David declares that he will set an example
when he shall have ascended the throne. "A froward heart shall
depart from me: I will not know a wicked person. Whoso privily
slandereth his neighbour, him will I cut off: him that has an high
look and a proud heart will not I suffer. Mine eyes shall be upon
the faithful of the land, that they may dwell with me: he that
walketh in a perfect way, he shall serve me," (Psalm 101: 4-6.) But
as rulers cannot do this unless they protect the good against the
injuries of the bad, and give aid and protection to the oppressed,
they are armed with power to curb manifest evildoers and criminals,
by whose misconduct the public tranquillity is disturbed or
harassed. For we have full experience of the truth of Solon's
saying, that all public matters depend on reward and punishment;
that where these are wanting, the whole discipline of states totters
and falls to pieces. For in the minds of many the love of equity and
justice grows cold, if due honour be not paid to virtue, and the
licentiousness of the wicked cannot be restrained, without strict
discipline and the infliction of punishment. The two things are
comprehended by the prophet when he enjoins kings and other rulers
to execute "judgement and righteousness," (Jer. 21: 12; 22: 3.) It
is righteousness (justice) to take charge at the innocent, to defend
and avenge them, and set them free: it is judgement to withstand the
audacity of the wicked, to repress their violence and punish their
faults.
10. But here a difficulty and, as it seems, a perplexing
question arises. If all Christians are forbidden to kill, and the
prophet predicts concerning the holy mountain of the Lords that is,
the Church, "They shall not hurt or destroy," how can magistrates be
at once pious and yet shedders at blood? But if we understand that
the magistrate, in inflicting punishment, acts not of himself, but
executes the very judgements of God, we shall be disencumbered of
every doubt. The law of the Lord forbids to kill; but, that murder
may not go unpunished, the Lawgiver himself puts the sword into the
hands of his ministers, that they may employ it against all
murderers. It belongs not to the pious to afflict and hurt, but to
avenge the afflictions of the pious, at the command of God, is
neither to afflict nor hurt. I wish it could always be present to
our mind, that nothing is done here by the rashness of man, but all
in obedience to the authority of God. When it is the guide, we never
stray from the right path, unless, indeed, divine justice is to be
placed under restraint, and not allowed to take punishment on
crimes. But if we dare not give the law to it, why should we bring a
charge against its ministers? "He beareth not the sword in vain,"
says Paul, "for he is the minister of God, a revenger to execute
wrath on him that does evil," (Rom. 13: 4.) Wherefore, if princes
and other rulers know that nothing will be more acceptable to God
than their obedience, let them give themselves to this service if
they are desirous, to approve their piety, justice, and integrity to
God. This, was the feeling of Moses when, recognising himself as
destined to deliver his people by the power of the Lord, he laid
violent hands on the Egyptian, and afterwards took vengeance on the
people for sacrilege, by slaying three thousand of them in one day.
This was the feeling of David also, when, towards the end of his
life, he ordered his son Solomon to put Joab and Shimei to death.
Hence, also, in an enumeration of the virtues of a king, one is to
cut off the wicked from the earth, and banish all workers of
iniquity from the city of God. To the same effect is the praise
which is bestowed on Solomon, "Thou lovest righteousness, and hatest
wickedness." How is it that the meek and gentle temper of Moses
becomes so exasperated, that, besmeared and reeking with the blood
of his brethren, he runs through the camp making new slaughter? How
is it that David, who, during his whole life, showed so much
mildness, almost at his last breath leaves with his son the bloody
testament, not to allow the grey hairs of Joab and Shimei to go to
the grave in peace? Both, by their sternness, sanctified the hands
which they would have polluted by showing mercy, inasmuch as they
executed the vengeance committed to them by God. Solomon says, "It
is an abomination to kings to commit wickedness; for the throne is
established by righteousness." Again, "A king that sitteth in the
throne of judgement, scattereth away all evil with his eyes." Again,
"A wise king scattereth the wicked, and bringeth the wheel over
them." Again, "Take away the dross from the silver, and there shall
come forth a vessel for the finer. Take away the wicked from before
the king, and his throne shall be established in righteousness."
Again "He that justifieth the wicked, and he that condemneth the
just, even they both are abomination to the Lord." Again, "An evil
man seeketh only rebellion, therefore an evil messenger shall be
sent against him." Again, "He that saith unto the wicked, Thou art
righteous; him shall the people curse, nations shall abhor him."
Now, if it is true justice in them to pursue the guilty and impious
with drawn sword, to sheath the sword, and keep their hands pure
from blood, while nefarious men wade through murder and slaughter,
so far from redounding to the praise of their goodness and justice,
would be to incur the guilt of the greatest impiety; provided,
always, they eschew reckless and cruel asperity, and that tribunal
which may be justly termed a rock on which the accused must founder.
For I am not one of those who would either favour an unseasonable
severity, or think that any tribunal could be accounted just that is
not presided over by mercy, that best and surest counsellor of
kings, and, as Solomon declares, "upholder of the throne," (Prov.
20: 28.) This, as was truly said by one of old, should be the
primary endowment of princes. The magistrate must guard against both
extremes; he must neither, by excessive severity, rather wound than
cure, nor by a superstitious affectation of clemency, fall into the
most cruel inhumanity, by giving way to soft and dissolute
indulgence to the destruction of many. It was well said by one under
the empire of Nerva, It is indeed a bad thing to live under a prince
with whom nothing is lawful, but a much worse to live under one with
whom all things are lawful.
11. As it is sometimes necessary for kings and states to take
up arms in order to execute public vengeance, the reason assigned
furnishes us with the means of estimating how far the wars which are
thus undertaken are lawful. For if power has been given them to
maintain the tranquillity of their subjects, repress the seditious
movements of the turbulent, assist those who are violently
oppressed, and animadvert on crimes, can they rise it more
opportunely than in repressing the fury of him who disturbs both the
ease of individuals and the common tranquillity of all; who excites
seditious tumult, and perpetrates acts of violent oppression and
gross wrongs? If it becomes them to be the guardians and maintainers
of the laws, they must repress the attempts of all alike by whose
criminal conduct the discipline of the laws is impaired. Nay, if
they justly punish those robbers whose injuries have been inflicted
only on a few, will they allow the whole country to be robbed and
devastated with impunity? Since it makes no difference whether it is
by a king or by the lowest of the people that a hostile and
devastating inroad is made into a district over which they have no
authority, all alike are to be regarded and punished as robbers.
Natural equity and duty, therefore, demand that princes be armed not
only to repress private crimes by judicial inflictions, but to
defend the subjects committed to their guardianship whenever they
are hostilely assailed. Such even the Holy Spirit, in many passages
of Scripture, declares to be lawful.
12. But if it is objected that in the New Testament there is no
passage or example teaching that war is lawful for Christians, I
answer, first, that the reason for carrying on war, which anciently
existed, still exists in the present day, and that, on the other
hand, there is no ground for debarring, magistrates from the defence
of those under them; And, secondly, that in the Apostolical writings
we are not to look for a distinct exposition of those matters, their
object being not to form a civil polity but to establish the
spiritual kingdom of Christ; lastly, that there also it is
indicated, in passing, that our Saviour, by his advent, made no
change in this respect. For (to use the words of Augustine) "if
Christian discipline condemned all wars, when the soldiers asked
counsel as to the way of salvation, they would have been told to
cast away their arms, and withdraw altogether from military service.
Whereas it was said, (Luke 3: 14,) Concuss no one, do injury to no
one, be contented with your pay. Those who he orders to be contented
with their pay he certainly does not forbid to serve," (August. Ep.
5 ad Marcell.) But all magistrates must here be particularly
cautious not to give way, in the slightest degree, to their
passions. Or rather, whether punishments are to be inflicted, they
must not be borne headlong by anger, nor hurried away by hatred, nor
burn with implacable severity; they must, as Augustine says, (De
Civil. Dei, Lib. 5 cap. 24,) "even pity a common nature in him in
whom they punish an individual fault;" or whether they have to take
up arms against an enemy, that is, an armed robber, they must not
readily catch at the opportunity, nay, they must not take it when
offered, unless compelled by the strongest necessity. For if we are
to do far more than that heathen demanded who wished war to appear
as desired peace, assuredly all other means must be tried before
having recourse to arms. In fine, in both cases, they must not allow
themselves to be carried away by any private feeling, but be guided
solely by regard for the public. Acting otherwise, they wickedly
abuse their power which was given them, not for their own advantage,
but for the good and service of others. On this right of war depends
the right of garrisons, leagues, and other civil munitions. By
garrisons, I mean those which are stationed in states for defence of
the frontiers; by leagues, the alliances which are made by
neighbouring princess on the ground that if any disturbance arise
within their territories, they will mutually assist each other, and
combine their forces to repel the common enemies of the human race;
under civil munitions I include every thing pertaining to the
military art.
13. Lastly, we think it proper to add, that taxes and imposts
are the legitimate revenues of princes, which they are chiefly to
employ in sustaining the public burdens of their office. Theses
however, they may use for the maintenance of their domestic state,
which is in a manner combined with the dignity of the authority
which they exercise. Thus we see that David, Hezekiah, Josiah,
Jehoshaphat, and other holy kings, Joseph also and Daniel, in
proportion to the office which they sustained, without offending
piety, expended liberally of the public funds; and we read in
Ezekiel, that a very large extent of territory was assigned to
kings, (Ezek. 48: 21.) In that passage, indeed, he is depicting the
spiritual kingdom of Christ, but still he borrows his representation
from lawful dominion among men. Princes, however, must remember, in
their turn, that their revenues are not so much private chests as
treasuries of the whole people, (this Paul testifies, Rom. 13: 6,)
which they cannot, without manifest injustice, squander or
dilapidate; or rather, that they are almost the blood of the people,
which it were the harshest inhumanity not to spare. They should also
consider that their levies and contributions, and other kinds of
taxes, are merely subsidies of the public necessity, and that it is
tyrannical rapacity to harass the poor people with them without
cause. These things do not stimulate princes to profusion and
luxurious expenditure, (there is certainly no need to inflame the
passions, when they are already, of their own accord, inflamed more
than enough,) but seeing it is of the greatest consequence that,
whatever they venture to do, they should do with a pure conscience,
it is necessary to teach them how far they can lawfully go, lest, by
impious confidence, they incur the divine displeasure. Nor is this
doctrine superfluous to private individuals, that they may not
rashly and petulantly stigmatise the expenditure of princes, though
it should exceed the ordinary limits.
14. In states, the thing next in importance to the magistrates
is laws, the strongest sinews of government, or, as Cicero calls
them after Plato, the soul, without which, the office of the
magistrate cannot exist; just as, on the other hand, laws have no
vigour without the magistrate. Hence nothing could be said more
truly than that the law is a dumb magistrate, the magistrate a
living law. As I have undertaken to describe the laws by which
Christian polity is to be governed, there is no reason to expect
from me a long discussion on the best kind of laws. The subject is
of vast extent, and belongs not to this place. I will only briefly
observe, in passing, what the laws are which may be piously used
with reference to God, and duly administered among men. This I would
rather have passed in silence, were I not aware that many dangerous
errors are here committed. For there are some who deny that any
commonwealth is rightly framed which neglects the law of Moses, and
is ruled by the common law of nations. How perilous and seditious
these views are, let others see: for me it is enough to demonstrate
hat they are stupid and false. We must attend to the well-known
division which distributes the whole law of God, as promulgated by
Moses, into the moral, the ceremonial, and the judicial law, and we
must attend to each of these parts, in order to understand how far
they do, or do not, pertain to us. Meanwhile, let no one be moved by
the thought that the judicial and ceremonial laws relate to morals.
For the ancients who adopted this division, though they were not
unaware that the two latter classes had to do with morals, did not
give them the name of moral, because they might be changed and
abrogated without affecting morals. They give this name specially to
the first class, without which, true holiness of life and an
immutable rule of conduct cannot exist.
15. The moral law, then, (to begin with it,) being contained
under two heads, the one of which simply enjoins us to worship God
with pure faith and piety, the other to embrace men with sincere
affection, is the true and eternal rule of righteousness prescribed
to the men of all nations and of all times, who would frame their
life agreeably to the will of God. For his eternal and immutable
will is, that we are all to worship him, and mutually love one
another. The ceremonial law of the Jews was a tutelage by which the
Lord was pleased to exercise, as it were, the childhood of that
people, until the fulness of the time should come when he was fully
to manifest his wisdom to the world, and exhibit the reality of
those things which were then adumbrated by figures, (Gal. 3: 24; 4:
4.) The judicial law, given them as a kind of polity, delivered
certain forms of equity and justice, by which they might live
together innocently and quietly. And as that exercise in ceremonies
properly pertained to the doctrine of piety, inasmuch as it kept the
Jewish Church in the worship and religion of God, yet was still
distinguishable from piety itself, so the judicial form, though it
looked only to the best method of preserving that charity which is
enjoined by the eternal law of God, was still something distinct
from the precept of love itself. Therefore, as ceremonies might be
abrogated without at all interfering with piety, so also, when these
judicial arrangements are removed, the duties and precepts of
charity can still remain perpetual. But if it is true that each
nation has been left at liberty to enact the laws which it judges to
be beneficial, still these are always to be tested by the rule of
charity, so that while they vary in form, they must proceed on the
same principle. Those barbarous and savage laws, for instance, which
conferred honour on thieves, allowed the promiscuous intercourse of
the sexes, and other things even fouler and more absurd, I do not
think entitled to be considered as laws, since they are not only
altogether abhorrent to justice, but to humanity and civilised life.
16. What I have said will become plain if we attend, as we
ought, to two things connected with all laws, viz., the enactment of
the law, and the equity on which the enactment is founded and rests.
Equity, as it is natural, cannot but be the same in all, and
therefore ought to be proposed by all laws, according to the nature
of the thing enacted. As constitutions have some circumstances on
which they partly depend, there is nothing to prevent their
diversity, provided they all alike aim at equity as their end. Now,
as it is evident that the law of God which we call moral, is nothing
else than the testimony of natural law, and of that conscience which
God has engraven on the minds of men, the whole of this equity of
which we now speak is prescribed in it. Hence it alone ought to be
the aim, the rule, and the end of all laws. wherever laws are formed
after this rule, directed to this aim, and restricted to this end,
there is no reason why they should be disapproved by us, however
much they may differ from the Jewish law, or from each other,
(August. de Civil. Dei, Lib. 19 c. 17.) The law of God forbids to
steal. The punishment appointed for theft in the civil polity of the
Jews may be seen in Exodus 22. Very ancient laws of other nations
punished theft by exacting the double of what was stolen, while
subsequent laws made a distinction between theft manifest and not
manifest. Other laws went the length of punishing with exile, or
with branding, while others made the punishment capital. Among the
Jews, the punishment of the false witness was to "do unto him as he
had thought to have done with his brothers" (Deut. 19: 19.) In some
countries, the punishment is infamy, in others, hanging; in others,
crucifixion. All laws alike avenge murder with blood, but the kinds
of death are different. In some countries, adultery was punished
more severely, in others more leniently. Yet we see that amid this
diversity they all tend to the same end. For they all with one mouth
declare against those crimes which are condemned by the eternal law
at God, viz., murder, theft, adultery, and false witness; though
they agree not as to the mode of punishment. This is not necessary,
nor even expedient. There may be a country which, if murder were not
visited with fearful punishments, would instantly become a prey to
robbery and slaughter. There may be an age requiring that the
severity of punishments should be increased. If the state is in a
troubled condition, those things from which disturbances usually
arise must be corrected by new edicts. In time of war, civilisation
would disappear amid the noise of arms, were not men overawed by an
unwonted severity of punishment. In sterility, in pestilence, were
not stricter discipline employed, all things would grow worse. One
nation might be more prone to a particular vice, were it not most
severely repressed. How malignant were it, and invidious of the
public good, to be offended at this diversity, which is admirably
adapted to retain the observance of the divine law. The allegation,
that insult is offered to the law of God enacted by Moses, where it
is abrogated and other new laws are preferred to it, is most absurd.
Others are not preferred when they are more approved, not
absolutely, but from regard to time and place, and the condition of
the people, or when those things are abrogated which were never
enacted for us. The Lord did not deliver it by the hand of Moses to
be promulgated in all countries, and to be everywhere enforced; but
having taken the Jewish nation under his special care, patronage,
and guardianship, he was pleased to be specially its legislator, and
as became a wise legislator, he had special regard to it in enacting
laws.
17. It now remains to see, as was proposed in the last place,
what use the common society of Christians derive from laws, judicial
proceedings, and magistrates. With this is connected another
question, viz., What deference ought private individuals to pay to
magistrates, and how far ought obedience to proceed? To very many it
seems that among Christians the office of magistrate is superfluous,
because they cannot piously implore his aid, inasmuch as they are
forbidden to take revenge, cite before a judge, or go to law. But
when Paul, on the contrary, clearly declares that he is the minister
of God to us for good, (Rom. 13: 4,) we thereby understand that he
was so ordained of God, that, being defended by his hand and aid
against the dishonesty and injustice of wicked men, we may live
quiet and secure. But if he would have been appointed over us in
vain, unless we were to use his aid, it is plain that it cannot be
wrong to appeal to it and implore it. Here, indeed, I have to do
with two classes of men. For there are very many who boil with such
a rage for litigation, that they never can be quiet with themselves
unless they are fighting with others. Law-suits they prosecute with
the bitterness of deadly hatred, and with an insane eagerness to
hurt and revenge, and they persist in them with implacable
obstinacy, even to the ruin of their adversary. Meanwhile, that they
may be thought to do nothing but what is legal, they use this
pretext of judicial proceedings as a defence of their perverse
conduct. But if it is lawful for brother to litigate with brother,
it does not follow that it is lawful to hate him, and obstinately
pursue him with a furious desire to do him harm.
18. Let such persons then understand that judicial proceedings
are lawful to him who makes a right use of them; and the right use,
both for the pursuer and for the defender, is for the latter to sist
himself on the day appointed, and, without bitterness, urge what he
can in his defence, but only with the desire of justly maintaining
his right; and for the pursuer, when undeservedly attacked in his
life or fortunes, to throw himself upon the protection of the
magistrate, state his complaint, and demand what is just and good;
while, far from any wish to hurt or take vengeance - far from
bitterness and hatred - far from the Armour of strife, he is rather
disposed to yield and suffer somewhat than to cherish hostile
feelings towards his opponent. On the contrary when minds are filled
with malevolence, corrupted by envy, burning with anger, breathing
revenge, or, in fine, so inflamed by the heat of the contest, that
they, in some measure, lay aside charity, the whole pleading, even
of the justest cause, cannot but be impious. For it ought to be an
axiom among all Christians, that no plea, however equitable, can be
rightly conducted by any one who does not feel as kindly towards his
opponent as if the matter in dispute were amicably transacted and
arranged. Some one, perhaps, may here break in and say, that such
moderation in judicial proceedings is so far from being seen, that
an instance of it would be a kind of prodigy. I confess that in
these times it is rare to meet with an example of an honest
litigant; but the thing itself, untainted by the accession of evil,
ceases not to be good and pure. When we hear that the assistance of
the magistrate is a sacred gift from God, we ought the more
carefully to beware of polluting it by our fault.
19. Let those who distinctly condemn all judicial discussion
know, that they repudiate the holy ordinance of God, and one of
those gifts which to the pure are pure, unless, indeed, they would
charge Paul with a crime, because he repelled the calumnies of his
accusers, exposing their craft and wickedness, and, at the tribunal,
claimed for himself the privilege of a Roman citizen, appealing,
when necessary, from the governor to Caesar's judgement-seat. There
is nothing contrary to this in the prohibition, which binds all
Christians to refrain from revenge, a feeling which we drive far
away from all Christian tribunals. For whether the action be of a
civil nature, he only takes the right course who, with innocuous
simplicity, commits his cause to the judge as the public protector,
without any thought of returning evil for evil, (which is, the
feeling of revenge;) or whether the action is of a graver nature,
directed against a capital offence, the accuser required is not one
who comes into court, carried away by some feeling of revenge or
resentment from some private injury, but one whose only object is to
prevent the attempts of some bad man to injure the commonweal. But
if you take away the vindictive mind, you offend in no respect
against that command which forbids Christians to indulge revenge.
But they are not only forbidden to thirst for revenge, they are also
enjoined to wait for the hand of the Lord, who promises that he will
be the avenger of the oppressed and afflicted. But those who call
upon the magistrate to give assistance to themselves or others,
anticipate the vengeance of the heavenly Judge. By no means, for we
are to consider that the vengeance of the magistrate is the
vengeance not of man, but of God, which, as Paul says, he exercises
by the ministry of man for our good, (Rom. 13: 4.)
20. No more are we at variance with the words of Christ, who
forbids us to resist evil, and adds, "Whosoever shall smite thee on
thy right cheek, turn to him the other also. And if any man will sue
thee at the law, and take away thy coat, let him have thy cloak
also" (Matth. 5: 39, 40.) He would have the minds of his followers
to be so abhorrent to everything like retaliation, that they would
sooner allow the injury to be doubled than desire to repay it. From
this patience we do not dissuade them. For verily Christians were to
be a class of men born to endure affronts and injuries, and be
exposed to the iniquity, imposture, and derision of abandoned men,
and not only so, but were to be tolerant of all these evils; that
is, so composed in the whole frame of their minds, that, on
receiving one offence, they were to prepare themselves for another,
promising themselves nothing during the whole of life but the
endurance of a perpetual cross. Meanwhile, they must do good to
those who injure them, and pray for those who curse them, and (this
is their only victory) strive to overcome evil with good, (Rom. 12:
20, 21.) Thus affected, they will not seek eye for eye, and tooth
for tooth, (as the Pharisees taught their disciples to long for
vengeance,) but (as we are instructed by Christ) they will allow
their body to be mutilated, and their goods to be maliciously taken
from them, prepared to remit and spontaneously pardon those injuries
the moment they have been inflicted. This equity and moderation,
however, will not prevent them, with entire friendship for their
enemies, from using the aid of the magistrate for the preservation
of their goods, or, from zeal for the public interest, to call for
the punishment of the wicked and pestilential man, whom they know
nothing will reform but death. All these precepts are truly
expounded by Augustine, as tending to prepare the just and pious man
patiently to sustain the malice of those whom he desires to become
good, that he may thus increase the number of the good, not add
himself to the number of the bad by imitating their wickedness.
Moreover, it pertains more to the preparation of the heart which is
within, than to the work which is done openly, that patience and
good-will may he retained within the secret of the heart, and that
may be done openly which we see may do good to those to whom we
ought to wish well, (August. Ep. 5: ad Marcell.)
21. The usual objection, that law-suits are universally
condemned by Paul, (1 Cor. 6: 6,) is false. It may easily be
understood front his words, that a rage for litigation prevailed in
the church of Corinth to such a degree, that they exposed the gospel
of Christ, and the whole religion which they professed, to the
calumnies and cavils of the ungodly. Paul rebukes them, first for
traducing the gospel to unbelievers by the intemperance of their
dissensions; and, secondly, for so striving with each other while
they were brethren. For so far were they from bearing injury from
another, that they greedily coveted each other's effects, and
voluntarily provoked and injured them. He inveighs, therefore,
against that madness for litigation, and not absolutely against all
kinds of disputes. He declares it to be altogether a vice or
infirmity, that they do not submit to the loss of their effects,
rather than strive, even to contention, in preserving them; in other
words, seeing they were so easily moved by every kind of loss, and
on every occasion, however slight, ran off to the forum and to
law-suits, he says, that in this way they showed that they were of
too irritable a temper, and not prepared for patience. Christians
should always feel disposed rather to give up part of their right
than to go into court, out of which they can scarcely come without a
troubled mind, a mind inflamed with hatred of their brother. But
when one sees that his property, the want of which he would
grievously feel, he is able, without any loss of charity, to defend,
if he should do so, he offends in no respect against that passage of
Paul. In short, as we said at first, every man's best adviser is
charity. Every thing in which we engage without charity, and all the
disputes which carry us beyond it, are unquestionably unjust and
impious.
22. The first duty of subjects towards their rulers, is to
entertain the most honourable views of their office, recognising it
as a delegated jurisdiction from God, and on that account receiving
and reverencing them as the ministers and ambassadors of God. For
you will find some who show themselves very obedient to magistrates,
and would be unwilling that there should be no magistrates to obey,
because they know this is expedient for the public good, and yet the
opinion which those persons have of magistrates is that they are a
kind of necessary evils. But Peter requires something more of us
when he says, "Honour the king," (1 Pet. 2: 17;) and Solomon, when
he says, "My son, fear thou the Lord and the king," (Prov. 24: 21.)
For, under the term honour, the former includes a sincere and candid
esteem, and the latter, by joining the king with God, shows that he
is invested with a kind of sacred veneration and dignity. We have
also the remarkable injunction of Paul, "Be subject not only for
wrath, but also for conscience sake," (Rom. 13: 5.) By this he
means, that subjects, in submitting to princes and governors, are
not to be influenced merely by fear, (just as those submit to an
armed enemy who see vengeance ready to be executed if they resist,)
but because the obedience which they yield is rendered to God
himself, inasmuch as their power is from God. I speak not of the men
as if the mask of dignity could cloak folly, or cowardice, or
cruelty, or wicked and flagitous manners, and thus acquire for vice
the praise of virtue; but I say that the station itself is deserving
of honour and reverence, and that those who rule should, in respect
of their office, be held by us in esteem and veneration.
23. From this, a second consequence is, that we must with ready
minds prove our obedience to them, whether in complying with edicts,
or in paying tribute, or in undertaking public offices and burdens
which relate to the common defence, or in executing any other
orders. "Let every soul", says Paul, "be subject unto the higher
powers." "Whosoever, therefore, resisteth the power, resisteth the
ordinance of God," (Rom. 13: 1, 2.) Writing to Titus, he says, "Put
them in mind to be subject to principalities and powers, to obey
magistrates, to be ready to every good work," (Tit. 3: 1.) Peter
also says, "Submit yourselves to every human creature," (or rather,
as I understand it, "ordinance of man,") "for the Lord's sake:
whether it be to the king, as supreme; or unto governors, as unto
them that are sent by him for the punishment of evil-doers, and for
the praise of them that do well," (1 Pet. 2: 13.) Moreover, to
testify that they do not feign subjection, but are sincerely and
cordially subject, Paul adds, that they are to commend the safety
and prosperity of those under whom they live to God. "I exhort,
therefore," says he, "that, first of all, supplications, prayers,
intercessions, and giving of thanks, be made for all men; for kings,
and for all that are in authority: that we may lead a quiet and
peaceable life in all godliness and honesty," (1 Tim. 2: 1, 2.) Let
no man here deceive himself, since we cannot resist the magistrate
without resisting God. For, although an unarmed magistrate may seem
to be despised with impunity, yet God is armed, and will signally
avenge this contempt. Under this obedience, I comprehend the
restraint which private men ought to impose on themselves in public,
not interfering with public business, or rashly encroaching on the
province of the magistrate, or attempting any thing at all of a
public nature. If it is proper that any thing in a public ordinance
should be corrected, let them not act tumultuously, or put their
hands to a work where they ought to feel that their hands are tied,
but let them leave it to the cognisance of the magistrate, whose
hand alone here is free. My meaning is, let them not dare to do it
without being ordered. For when the command of the magistrate is
given, they too are invested with public authority. For as,
according to the common saying, the eyes and ears of the prince are
his counsellors, so one may not improperly say that those who, by
his command, have the charge of managing affairs, are his hands.
24. But as we have hitherto described the magistrate who truly
is what he is called, viz., the father of his country, and (as the
Poet speaks) the pastor of the people, the guardian of peace, the
president of justice, the vindicator of innocence, he is justly to
be deemed a madman who disapproves of such authority. And since in
almost all ages we see that some princes, careless about all their
duties on which they ought to have been intent, live, without
solicitude, in luxurious sloth, others, bent on their own interests
venally prostitute all rights, privileges, judgements, and
enactments; others pillage poor people of their money, and
afterwards squander it in insane largesses; others act as mere
robbers, pillaging houses, violating matrons and slaying the
innocent; many cannot be persuaded to recognise such persons for
princes, whose command, as far as lawful, they are bound to obey.
For while in this unworthy conduct, and among atrocities so alien,
not only from the duty of the magistrate, but also of the man, they
behold no appearance of the image of God, which ought to be
conspicuous in the magistrates while they see not a vestige of that
minister of God, who was appointed to be a praise to the good and a
terror to the bad, they cannot recognise the ruler whose dignity and
authority Scripture recommends to us. And, undoubtedly, the natural
feeling of the human mind has always been not less to assail tyrants
with hatred and execrations than to look up to just kings with love
and veneration.
25. But it we have respect to the word of God, it will lead us
farther, and make us subject not only to the authority of those
princes who honestly and faithfully perform their duty toward us,
but all princes, by whatever means they have so become, although
there is nothing they less perform than the duty of princes. For
though the Lord declares that ruler to maintain our safety is the
highest gift of his beneficence, and prescribes to rulers themselves
their proper sphere, he at the same time declares, that of whatever
description they may be, they derive their power from none but him.
Those, indeed, who rule for the public good, are true examples and
specimens of big beneficence, while those who domineer unjustly and
tyrannically are raised up by him to punish the people for their
iniquity. Still all alike possess that sacred majesty with which he
has invested lawful power. I will not proceed further without
subjoining some distinct passages to this effect. We need not labour
to prove that an impious king is a mark of the Lord's anger, since I
presume no one will deny it, and that this is not less true of a
king than of a robber who plunders your goods, an adulterer who
defiles your bed, and an assassin who aims at your life, since all
such calamities are classed by Scripture among the curses of God.
But let us insist at greater length in proving what does not so
easily fall in with the views of men, that even an individual of the
worst character, one most unworthy of all honour, if invested with
public authority, receives that illustrious divine power which the
Lord has by his word devolved on the ministers of his justice and
judgement, and that, accordingly, in so far as public obedience is
concerned, he is to be held in the same honour and reverence as the
best of kings.
26. And, first, I would have the reader carefully to attend to
that Divine Providence which, not without cause, is so often set
before us in Scripture, and that special act of distributing
kingdoms, and setting up as kings whomsoever he pleases. In Daniel
it is said, "He changeth the times and the seasons: he removeth
kings, and setteth up kings," (Dan. 2: 21, 37.) Again, "That the
living may know that the Most High ruleth in the kingdom of men, and
giveth it to whomsoever he will," (Dan. 4: 17, 20.) Similar
sentiments occur throughout Scripture, but they abound particularly
in the prophetical books. What kind of king Nebuchadnezzar, he who
stormed Jerusalem, was, is well known. He was an active invader and
devastator of other countries. Yet the Lord declares in Ezekiel that
he had given him the land of Egypt as his hire for the devastation
which he had committed. Daniel also said to him, "Thou, O king, art
a king of kings: for the God of heaven has given thee a kingdom,
power, and strength, and glory. And wheresoever the children of men
dwell, the beasts of the field and the fowls of the heaven has he
given into thine hand, and has made thee ruler over them all," (Dan.
2: 37, 38.) Again, he says to his son Belshazzar, "The most high God
gave Nebuchadnezzar thy father a kingdom, and majesty, and glory,
and honour: and for the majesty that he gave him, all people,
nations, and languages, trembled and feared before him," (Dan. 5:
18, 19.) When we hear that the king was appointed by God, let us, at
the same time, call to mind those heavenly edicts as to honouring
and fearing the king, and we shall have no doubt that we are to view
the most iniquitous tyrant as occupying the place with which the
Lord has honoured him. When Samuel declared to the people of Israel
what they would suffer from their kings, he said, "This will be the
manner of the king that shall reign over you: He will take your
sons, and appoint them for himself, for his chariots, and to be his
horsemen; and some shall run before his chariots. And he will
appoint him captains over thousands, and captains over fifties; and
will set them to ear his ground, and to reap his harvest, and to
make his instruments of war, and instruments of his chariots. And he
will take your daughters to be confectioneries, and to be cooks, and
to be bakers. And he will take your fields, and your vineyards, and
your olive yards, even the best of them, and give them to his
servants. And he will take the tenth of your seed, and of your
vineyards, and give to his officers, and to his servants. And he
will take your men-servants, and your maid-servants, and your
goodliest young men, and your asses, and put them to his work. He
will take the tenth of your sheep: and ye shall be his servants," (1
Sam. 8: 11-17.) Certainly these things could not be done legally by
kings, whom the law trained most admirably to all kinds of
restraint; but it was called justice in regard to the people,
because they were bound to obey, and could not lawfully resist: as
if Samuel had said, To such a degree will kings indulge in tyranny,
which it will not be for you to restrain. The only thing remaining
for you will be to receive their commands, and be obedient to their
words.
27. But the most remarkable and memorable passage is in
Jeremiah. Though it is rather long, I am not indisposed to quote it,
because it most clearly settles this whole question. "I have made
the earth, the man and the beast that are upon the ground, by my
great power, and by my outstretched arm, and have given it unto whom
it seemed meet unto me. And now have I given all these lands into
the hand of Nebuchadnezzar the king of Babylon my servant; and the
beasts of the field have I given him also to serve him. And all
nations shall serve him, and his son, and his son's son, until the
very time of his land come: and then many nations and great kings
shall serve themselves of him. And it shall come to pass, that the
nation and kingdom which will not serve the same Nebuchadnezzar the
king of Babylon, and that will not put their neck under the yoke of
the king of Babylon, that nation will I punish, saith the Lord, with
the sword, and with famine, and with the pestilence, until I have
consumed them by his hand," (Jer. 27: 5-8.) Therefore "bring your
necks under the yoke of the king of Babylon, and serve him and his
people, and live," (v. 12.) We see how great obedience the Lord was
pleased to demand for this dire and ferocious tyrant, for no other
reason than just that he held the kingdom. In other words, the
divine decree had placed him on the throne of the kingdom, and
admitted him to regal majesty, which could not be lawfully violated.
If we constantly keep before our eyes and minds the fact, that even
the most iniquitous kings are appointed by the same decree which
establishes all regal authority, we will never entertain the
seditious thought, that a king is to be treated according to his
deserts, and that we are not bound to act the part of good subjects
to him who does not in his turn act the part of a king to us.
28. It is vain to object, that that command was specially given
to the Israelites. For we must attend to the ground on which the
Lord places it - "I have given the kingdom to Nebuchadnezzar;
therefore serve him and live." Let us doubt not that on whomsoever
the kingdom has been conferred, him we are bound to serve. Whenever
God raises any one to royal honour, he declares it to be his
pleasure that he should reign. To this effect we have general
declarations in Scripture. Solomon says - "For the transgression of
a land, many are the princes thereof," (Prov. 28: 2.) Job says "He
looseth the bond of kings, and girdeth their loins with a girdle,"
(Job 12: 18.) This being confessed, nothing remains for us but to
serve and live. There is in Jeremiah another command in which the
Lord thus orders his people - "Seek the peace of the city whither I
have caused you to be carried away captives, and pray unto the Lord
for it: for in the peace thereof shall ye have peace," (Jer. 29: 7.)
Here the Israelites, plundered of all their property, torn from
their homes, driven into exile, thrown into miserable bondage, are
ordered to pray for the prosperity of the victor, not as we are
elsewhere ordered to pray for our persecutors, but that his kingdom
may be preserved in safety and tranquillity, that they too may live
prosperously under him. Thus David, when already king elect by the
ordination of God, and anointed with his holy oil, though
ceaselessly and unjustly assailed by Saul, holds the life of one who
was seeking his life to be sacred, because the Lord had invested him
with royal honour. "The Lord forbid that I should do this thing unto
my master, the Lord's anointed, to stretch forth mine hand against
him seeing he is the anointed of the Lord." "Mine eye spared thee;
and I said, I will not put forth mine hand against my lord; for he
is the Lord's anointed," (1 Sam. 24: 6, 11.) Again, - "Who can
stretch forth his hand against the Lord's anointed, and be
guiltless?" "As the Lord liveth, the Lord shall smite him, or his
day shall come to die, or he shall descend into battle, and perish.
The Lord forbid that I should stretch forth mine hand against the
Lord's anointed," (1 Sam. 26: 9-11.)
29. This feeling of reverence, and even of piety, we owe to the
utmost to all our rulers, be their characters what they may. This I
repeat the softener, that we may learn not to consider the
individuals themselves, but hold it to be enough that by the will of
the Lord they sustain a character on which he has impressed and
engraven inviolable majesty. But rulers, you will say, owe mutual
duties to those under them. This I have already confessed. But if
from this you conclude that obedience is to be returned to none but
just governors, you reason absurdly. Husbands are bound by mutual
duties to their wives, and parents to their children. Should
husbands and parents neglect their duty; should the latter be harsh
and severe to the children whom they are enjoined not to provoke to
anger, and by their severity harass them beyond measure; should the
former treat with the greatest contumely the wives whom they are
enjoined to love and to spare as the weaker vessels; would children
be less bound in duty to their parents, and wives to their husbands?
They are made subject to the froward and undutiful. Nay, since the
duty of all is not to look behind them, that is, not to inquire into
the duties of one another but to submit each to his own duty, this
ought especially to be exemplified in the case of those who are
placed under the power of others. Wherefore, if we are cruelly
tormented by a savage, if we are rapaciously pillaged by an
avaricious or luxurious, if we are neglected by a sluggish, if, in
short, we are persecuted for righteousness' sake by an impious and
sacrilegious prince, let us first call up the remembrance of our
faults, which doubtless the Lord is chastising by such scourges. In
this way humility will curb our impatience. And let us reflect that
it belongs not to us to cure these evils, that all that remains for
us is to implore the help of the Lord, in whose hands are the hearts
of kings, and inclinations of kingdoms. "God standeth in the
congregation of the mighty; he judgeth among the gods." Before his
face shall fall and be crushed all kings and judges of the earth,
who have not kissed his anointed, who have enacted unjust laws to
oppress the poor in judgement, and do violence to the cause of the
humble, to make widows a prey, and plunder the fatherless.
30. Herein is the goodness, power, and providence of God
wondrously displayed. At one time he raises up manifest avengers
from among his own servants and gives them his command to punish
accursed tyranny and deliver his people from calamity when they are
unjustly oppressed; at another time he employs, for this purpose,
the fury of men who have other thoughts and other aims. Thus he
rescued his people Israel from the tyranny of Pharaoh by Moses; from
the violence of Chusa, king of Syria, by Othniel; and from other
bondage by other kings or judges. Thus he tamed the pride of Tyre by
the Egyptians; the insolence of the Egyptians by the Assyrians; the
ferocity of the Assyrians by the Chaldeans; the confidence of
Babylon by the Medes and Persians, - Cyrus having previously subdued
the Medes, while the ingratitude of the kings of Judah and Israel,
and their impious contumacy after all his kindness, he subdued and
punished, - at one time by the Assyrians, at another by the
Babylonians. All these things however were not done in the same way.
The former class of deliverers being brought forward by the lawful
call of God to perform such deeds, when they took up arms against
kings, did not at all violate that majesty with which kings are
invested by divine appointment, but armed from heaven, they, by a
greater power, curbed a less, just as kings may lawfully punish
their own satraps. The latter class, though they were directed by
the hand of God, as seemed to him good, and did his work without
knowing it, had nought but evil in their thoughts.
31. But whatever may be thought of the acts of the men
themselves, the Lord by their means equally executed his own work,
when he broke the bloody sceptres of insolent kings, and overthrew
their intolerable dominations. Let princes hear and be afraid; but
let us at the same time guard most carefully against spurning or
violating the venerable and majestic authority of rulers, an
authority which God has sanctioned by the surest edicts, although
those invested with it should be most unworthy of it, and, as far as
in them lies, pollute it by their iniquity. Although the Lord takes
vengeance on unbridled domination, let us not therefore suppose that
that vengeance is committed to us, to whom no command has been given
but to obey and suffer. I speak only of private men. For when
popular magistrates have been appointed to curb the tyranny of
kings, (as the Ephori, who were opposed to kings among the Spartans,
or Tribunes of the people to consuls among the Romans, or Demarchs
to the senate among the Athenians; and, perhaps, there is something
similar to this in the power exercised in each kingdom by the three
orders, when they hold their primary diets.) So far am I from
forbidding these officially to check the undue license of kings,
that if they connive at kings when they tyrannise and insult over
the humbler of the people, I affirm that their dissimulation is not
free from nefarious perfidy, because they fraudulently betray the
liberty of the people, while knowing that, by the ordinance of God,
they are its appointed guardians.
32. But in that obedience which we hold to be due to the
commands of rulers, we must always make the exception, nay, must be
particularly careful that it is not incompatible with obedience to
Him to whose will the wishes of all kings should be subject, to
whose decrees their commands must yield, to whose majesty their
sceptres must bow. And, indeed, how preposterous were it, in
pleasing men, to incur the offence of Him for whose sake you obey
men! The Lord, therefore, is King of kings. When he opens his sacred
mouth, he alone is to be heard, instead of all and above all. We are
subject to the men who rule over us, but subject only in the Lord.
If they command any thing against Him, let us not pay the least
regard to it, nor be moved by all the dignity which they possess as
magistrates - a dignity to which, no injury is done when it is
subordinated to the special and truly supreme power of God. On this
ground Daniel denies that he had sinned in any respect against the
king when he refused to obey his impious decree, (Dan. 6: 22,)
because the king had exceeded his limits, and not only been
injurious to men, but, by raising his horn against God, had
virtually abrogated his own power. On the other hand, the Israelites
are condemned for having too readily obeyed the impious edict of the
king. For, when Jeroboam made the golden calf, they forsook the
temple of God, and, in submissiveness to him, revolted to new
superstitions, (1 Kings 12: 28.) With the same facility posterity
had bowed before the decrees of their kings. For this they are
severely upbraided by the Prophet, (Hosea 5: 11.) So far is the
praise of modesty from being due to that pretence by which
flattering courtiers cloak themselves, and deceive the simple, when
they deny the lawfulness of declining any thing imposed by their
kings, as if the Lord had resigned his own rights to mortals by
appointing them to rule over their fellows or as if earthly power
were diminished when it is subjected to its author, before whom even
the principalities of heaven tremble as suppliants. I know the
imminent peril to which subjects expose themselves by this firmness,
kings being most indignant when they are condemned. As Solomon says,
"The wrath of a king is as messengers of death," (Prov. 16: 14.) But
since Peter, one of heaven's heralds, has published the edict, "We
ought to obey God rather than men," (Acts 5: 29,) let us console
ourselves with the thought, that we are rendering the obedience
which the Lord requires when we endure anything rather than turn
aside from piety. And that our courage may not fail, Paul stimulates
us by the additional considerations (1 Cor. 7: 23,) that we were
redeemed by Christ at the great price which our redemption cost him,
in order that we might not yield a slavish obedience to the depraved
wishes of men, far less do homage to their impiety.
End of the Institutes.
Calvin, Institutes of the Christian Religion, Volume 4
(... conclusion, Volume 4)...)
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