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.
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.
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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 celestials, 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 end, 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 be 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?
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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?
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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.
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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 use 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 afflicted 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.
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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 that 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.
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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 or hatred —far from the ardour 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.
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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 interest, venally prostitute all rights, privileges, judgments, 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 magistrate, 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 execration, than to look up to just kings with love and veneration.
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25. But if 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 a 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 his 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 judgment, 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.
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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 oftener, 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.65 “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 judgment, and do violence to the cause of the humble, to make widows a prey, and plunder the fatherless.
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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.
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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 fradulently betray the liberty of the people, while knowing that, by the ordinance of God, they are its appointed guardians.
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