First to show there is a separate civil power demanding of obedience.
1. 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....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 who bids us "stand fast in the liberty wherewith Christ hath made us free, and be not again entangled with the yoke of bondage" (Gal. 5:1), in another passage forbids slaves to be solicitous about their state (1 Cor. 7:21).
Civil government is matter of 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.
But now, separating church and state we dissent from,' to foster and
maintain the external worship of God, to defend sound doctrine and the condition of the Church'.
3. ...the use of civil government..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.... we treat of each of its parts separately. Nowthese 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?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. [682] 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. ... 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. The magistrates power subject to Christ.For when David says, "Be wise now therefore, O ye 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 thy 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 worshippers 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. 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. ...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," ... But Scripture, to obviate these unjust judgments, 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 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. [684] 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 ... 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 ofGod, 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... 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.10. the magistrate, in inflicting punishment, acts not of himself, but executes the very judgments 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. [686] 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. ... 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, ...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 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? ... 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.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 ask 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 whom 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. ... 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.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. These, 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. 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 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.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 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 other17. 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 difference ought private ind... 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 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. 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 distinction 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, ...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. 13:8). 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" (Mt. 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. 21. .. 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....In short, as we said at first, every man's best adviser is charity. Everything 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. ..subjects, in submitting to princes and governors, are not to be influenced merely by fear... but because the obedience which they yield is rendered to God himself, inasmuch as their power is from God. ...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).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, 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. 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. ... 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).He 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. 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. 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. 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. 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. 31. But whatever may be thought of the acts of the men themselves, [692] 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 ... 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. 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 anything 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.... "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 consideration (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.
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