CHAPTER XX. ON CIVIL GOVERNMENT.
Project Gutenberg EPUB3 edition
Calvin, Jean and Allen, John
XVII. It now remains for us, as we proposed, in the last place, to examine what advantage the common society of Christians derives from laws, judgments, and magistrates; with which is connected another question—what honour private persons ought to render to magistrates, and how far their obedience ought to extend. Many persons suppose the office of magistracy to be of no use among Christians, for that they cannot, consistently with piety, apply for their assistance, because they are forbidden to have recourse to revenge or litigation. But as Paul, on the contrary, clearly testifies that the magistrate is “the minister of God to us for good,”[1455] we understand from this that he is divinely appointed, in order that we may be defended by his power and protection against the malice and injuries of wicked men, and may lead peaceable and secure lives. But if it be in vain that he is given to us by the Lord for our protection, unless it be lawful for us to avail ourselves of such an advantage, it clearly follows that we may appeal to him, and apply for his aid, without any violation of piety. But here I have to do with two sorts of persons; for there are multitudes inflamed with such a rage for litigation, that they never have peace in themselves, unless they are in contention with others; and they commence their lawsuits with a mortal bitterness of animosities, and with an infuriated cupidity of revenge and injury, and pursue them with an implacable obstinacy, even to the ruin of their adversary.
At the same time, that they may not be thought to do any thing wrong, they defend this perverseness under the pretext of seeking justice. But, though it is allowable for a man to endeavour to obtain justice from his neighbour by a judicial process, he is not therefore at liberty to hate him, or to cherish a desire to hurt him, or to persecute him without mercy.
XVIII. Let such persons, therefore, understand, that judicial processes are lawful to those who use them rightly; and that the right use, both for the plaintiff and for the defendant, is this: First, if the plaintiff, being injured either in his person or in his property, has recourse to the protection of the magistrate, states his complaint, makes a just and equitable claim, but without any desire of injury or revenge, without any asperity or hatred, without any ardour for contention, but rather prepared to waive his right, and to sustain some disadvantage, than to cherish enmity against his adversary. Secondly, if the defendant, being summoned, appears on the day appointed, and defends his cause by the best arguments in his power, without any bitterness, but with the simple desire of maintaining his just right. On the contrary, when their minds are filled with malevolence, corrupted with envy, incensed with wrath, stimulated with revenge, or inflamed with the fervour of contention, so as to diminish their charity, all the proceedings of the justest cause are inevitably wicked. For it ought to be an established maxim with all Christians, that however just a cause may be, no lawsuit can ever be carried on in a proper manner by any man, who does not feel as much benevolence and affection towards his adversary, as if the business in dispute had already been settled and terminated by an amicable adjustment.
Some, perhaps, will object, that such moderation in lawsuits is far from being ever practised, and that if one instance of it were to be found, it would be regarded as a prodigy. I confess, indeed, that, in the corruption of these times, the example of an upright litigator is very rare; but the thing itself ceases not to be good and pure, if it be not defiled by an adventitious evil. But when we hear that the assistance of the magistrate is a holy gift of God, it behoves us to use the more assiduous caution that it be not contaminated by our guilt.
XIX. Those who positively condemn all controversies at law, ought to understand that they thereby reject a holy ordinance of God, and a gift of the number of those which may be “pure to the pure;” unless they mean to charge Paul with a crime, who repelled the calumnies of his accusers, exposing their subtlety and malice; who, before his judges, asserted his right to the privileges of a Roman citizen; and who, when he found it necessary, appealed from an unjust governor to the tribunal of Cæsar. It is no objection to this that all Christians are forbidden the desire of revenge, which we also wish to banish to the greatest distance from all Christian judicatures. For, in a civil cause, no man proceeds in the right way, who does not, with innocent simplicity, commit his cause to the judge as to a public guardian, without the least thought of a mutual retaliation of evil, which is the passion of revenge. And in any more important or criminal action we require the accuser to be one who goes into the court, influenced by no desire of revenge, affected by no resentment of private injury, and having no other motive than to resist the attempts of a mischievous man, that he may not injure the public. But if a vindictive spirit be excluded, no offence is committed against that precept by which revenge is forbidden to Christians.
It may probably be objected, that they are not only forbidden to desire revenge, but are also commanded to wait for the hand of the Lord, who promises that he will assist and revenge the afflicted and oppressed, and therefore that those who seek the interference of the magistrate on behalf of themselves or others, anticipate all that vengeance of the celestial protector. But this is very far from the truth. For the vengeance of the magistrate is to be considered, not as the vengeance of man, but of God, which, according to the testimony of Paul, he exercises by the ministry of men for our good.
XX. Nor do we any more oppose the prohibition and injunction of Christ, “Resist not evil; but 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.”[1456] In this passage, indeed, he requires the minds of his servants to be so far from cherishing a desire of retaliation, as rather to suffer the repetition of an injury against themselves than to wish to revenge it; nor do we dissuade them from this patience. For it truly behoves Christians to be a people, as it were, formed to bear injuries and reproaches, exposed to the iniquity, impostures, and ridicule of the worst of mankind; and not only so, but they ought to be patient under all these evils; that is to say, so calm and composed in their minds, that, after having suffered one affliction, they may prepare themselves for another, expecting nothing all their lifetime but to bear a perpetual cross.
At the same time, they are required to bless and pray for them from whom they receive curses, to do good to them from whom they experience injuries,[1457] and to aim at that which constitutes their only victory, to “overcome evil with good.”[1458] With this disposition they will not demand “an eye for an eye, and a tooth for a tooth,” as the Pharisees taught their disciples to desire revenge; but, as we are instructed by Christ, they will suffer injuries in their persons and property in such a manner as to be ready to forgive them as soon as they are committed.[1459] Yet this equanimity and moderation will be no obstacle, but that, without any breach of friendship towards their enemies, they may avail themselves of the assistance of the magistrate for the preservation of their property; or, from zeal for the public good, may bring a pestilent offender to justice, though they know he can only be punished with death. For it is very correctly explained by Augustine, that the end of all these precepts is, “that a just and pious man should be ready to bear with patience the wickedness of those whom he desires to become good; rather in order that the number of the good may increase, not that with similar wickedness he may himself join the number of the evil; and in the next place, that they relate to the internal affection of the heart more than to the external actions; in order that in the secrecy of our minds we may feel patience and benevolence, but in our outward conduct may do that which we see tends to the advantage of those to whom we ought to feel benevolent affections.”
XXI. The objection which is frequently alleged, that lawsuits are universally condemned by Paul, has no foundation in truth.[1460] It may be easily understood from his words, that in the Church of the Corinthians there was an immoderate rage for litigation, so that they exposed the gospel of Christ, and all the religion which they professed, to the cavils and reproaches of the impious. The first thing which Paul reprehended in them was, that the intemperance of their dissensions brought the gospel into discredit among unbelievers. And the next thing was, that they had such altercations among them, brethren with brethren; for they were so far from bearing an injury, that they coveted each other’s property, and molested and injured one another without any provocation. It was against that rage for litigation, therefore, that he inveighed, and not absolutely against all controversies. But he pronounces it to be altogether a vice or a weakness, that they did not suffer the injury or loss of their property rather than to proceed to contentions for the preservation of it: when they were so disturbed or exasperated at every loss or injury, that they had recourse to lawsuits on the most trivial occasions, he argues that this proved their minds to be too irritable, and not sufficiently patient. It is certainly incumbent on Christians, in all cases, to prefer a concession of their right to an entrance on a lawsuit; from which they can scarcely come out without a mind exasperated and inflamed with enmity to their brother.
But when one sees that, without any breach of charity, he may defend his property, the loss of which would be a serious injury to him; if he do it, he commits no offence against that sentence of Paul. In a word, as we have observed at the beginning, charity will give every one the best counsel; for, whatever litigations are undertaken without charity, or are carried to a degree inconsistent with it, we conclude them, beyond all controversy, to be unjust and wicked.
XXII. The first duty of subjects towards their magistrates is to entertain the most honourable sentiments of their function, which they know to be a jurisdiction delegated to them from God, and on that account to esteem and reverence them as God’s ministers and vicegerents. For there are some persons to be found, who show themselves very obedient to their magistrates, and have not the least wish that there were no magistrates for them to obey, because they know them to be so necessary to the public good; but who, nevertheless, consider the magistrates themselves as no other than necessary evils. But something more than this is required of us by Peter, when he commands us to “honour the king;”[1461] and by Solomon, when he says, “Fear thou the Lord and the king;”[1462] for Peter, under the term honour, comprehends a sincere and candid esteem; and Solomon, by connecting the king with the Lord, attributes to him a kind of sacred veneration and dignity. It is also a remarkable commendation of magistrates which is given by Paul, when he says, that we “must needs be subject, not only for wrath, but also for conscience sake;”[1463] by which he means, that subjects ought to be induced to submit to princes and governors, not merely from a dread of their power, as persons are accustomed to yield to an armed enemy, who they know will immediately take vengeance upon them if they resist; but because the obedience which is rendered to princes and magistrates is rendered to God, from whom they have received their authority.
I am not speaking of the persons, as if the mask of dignity ought to palliate or excuse folly, ignorance, or cruelty, and conduct the most nefarious and flagitious, and so to acquire for vices the praise due to virtues; but I affirm that the station itself is worthy of honour and reverence; so that, whoever our governors are, they ought to possess our esteem and veneration on account of the office which they fill.
XXIII. Hence follows another duty, that, with minds disposed to honour and reverence magistrates, subjects approve their obedience to them, in submitting to their edicts, in paying taxes, in discharging public duties, and bearing burdens which relate to the common defence, and in fulfilling all their other commands. Paul says to the Romans, “Let every soul be subject unto the higher powers. Whosoever resisteth the power, resisteth the ordinance of God.”[1464] He writes to Titus, “Put them in mind to be subject to principalities and powers, to obey magistrates, to be ready to every good work.”[1465] Peter exhorts, “Submit yourselves to every 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.”[1466] Moreover, that subjects may testify that theirs is not a hypocritical but a sincere and cordial submission, Paul teaches, that they ought to pray to God for the safety and prosperity of those under whose government they live. “I exhort,” he says, “that 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.”[1467] Here let no man deceive himself.
For as it is impossible to resist the magistrate without, at the same time, resisting God himself; though an unarmed magistrate may seem to be despised with impunity, yet God is armed to inflict exemplary vengeance on the contempt offered to himself. Under this obedience I also include the moderation which private persons ought to prescribe to themselves in relation to public affairs, that they do not, without being called upon, intermeddle with affairs of state, or rashly intrude themselves into the office of magistrates, or undertake any thing of a public nature. If there be any thing in the public administration which requires to be corrected, let them not raise any tumults, or take the business into their own hands, which ought to be all bound in this respect, but let them refer it to the cognizance of the magistrate, who is alone authorized to regulate the concerns of the public. I mean, that they ought to attempt nothing without being commanded; for when they have the command of a governor, then they also are invested with public authority. For, as we are accustomed to call the counsellors of a prince his eyes and ears, so they may not unaptly be called his hands whom he has commissioned to execute his commands.
XXIV. Now, as we have hitherto described a magistrate who truly answers to his title; who is the father of his country, and, as the poet calls him, the pastor of his people, the guardian of peace, the protector of justice, the avenger of innocence; he would justly be deemed insane who disapproved of such a government. But, as it has happened, in almost all ages, that some princes, regardless of every thing to which they ought to have directed their attention and provision, give themselves up to their pleasures in indolent exemption from every care; others, absorbed in their own interest, expose to sale all laws, privileges, rights, and judgments; others plunder the public of wealth, which they afterwards lavish in mad prodigality; others commit flagrant outrages, pillaging houses, violating virgins and matrons, and murdering infants; many persons cannot be persuaded that such ought to be acknowledged as princes, whom, as far as possible, they ought to obey. For in such enormities, and actions so completely incompatible, not only with the office of a magistrate, but with the duty of every man, they discover no appearance of the image of God, which ought to be conspicuous in a magistrate; while they perceive no vestige of that minister of God who is “not a terror to good works, but to the evil,” who is sent “for the punishment of evil-doers, and for the praise of them that do well;” nor recognize that governor, whose dignity and authority the Scripture recommends to us.
And certainly the minds of men have always been naturally disposed to hate and execrate tyrants as much as to love and reverence legitimate kings.
XXV. But, if we direct our attention to the word of God, it will carry us much further; even to submit to the government, not only of those princes who discharge their duty to us with becoming integrity and fidelity, but of all who possess the sovereignty, even though they perform none of the duties of their function. For, though the Lord testifies that the magistrate is an eminent gift of his liberality to preserve the safety of men, and prescribes to magistrates themselves the extent of their duty, yet he at the same time declares, that whatever be their characters, they have their government only from him; that those who govern for the public good are true specimens and mirrors of his beneficence; and that those who rule in an unjust and tyrannical manner are raised up by him to punish the iniquity of the people; that all equally possess that sacred majesty with which he has invested legitimate authority. I will not proceed any further till I have subjoined a few testimonies in proof of this point. It is unnecessary, however, to labour much to evince an impious king to be a judgment of God’s wrath upon the world, as I have no expectation that any one will deny it: and in this we say no more of a king than of any other robber who plunders our property; or adulterer who violates our bed; or assassin who attempts to murder us; since the Scripture enumerates all these calamities among the curses inflicted by God.
But let us rather insist on the proof of that which the minds of men do not so easily admit; that a man of the worst character, and most undeserving of all honour, who holds the sovereign power, really possesses that eminent and Divine authority, which the Lord has given by his word to the ministers of his justice and judgment; and, therefore, that he ought to be regarded by his subjects, as far as pertains to public obedience, with the same reverence and esteem which they would show to the best of kings, if such a one were granted to them.
XXVI. In the first place, I request my readers to observe and consider with attention, what is so frequently and justly mentioned in the Scriptures,—the providence and peculiar dispensation of God in distributing kingdoms and appointing whom he pleases to be kings. Daniel says, “God changeth the times and the seasons: he removeth kings and setteth up kings.”[1468] Again: “That the living may know that the Most High ruleth in the kingdom of men, and giveth it to whomsoever he will.”[1469] Passages of this kind abound throughout the Scriptures, but particularly in this prophecy. Now, the character of Nebuchadnezzar, who conquered Jerusalem, is sufficiently known, that he was an invader and depopulator of the territories of others. Yet by the mouth of Ezekiel the Lord declares that he had given him the land of Egypt, as a reward for the service which he had performed in devastating Tyre.[1470] And Daniel said to him, “Thou, O king, art a king of kings; for the God of heaven hath 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, hath he given into thine hand, and hath made thee ruler over all.”[1471] Again: to his grandson Belshazzar Daniel said, “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.”[1472] When we hear that Nebuchadnezzar was placed on the throne by God, let us, at the same time, call to mind the celestial edicts
which command us to fear and honour the king; and we shall not hesitate to regard the most iniquitous tyrant with the honour due to the station in which the Lord has deigned to place him. When Samuel denounced to the children of Israel what treatment they would receive from their kings, he said, “This will be the manner[1473] 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 to ear his ground, and to reap his harvest, and to make his instruments of war. And he will take your daughters to be confectionaries, and to be cooks, and to be bakers. And he will take your fields, and your vineyards, and your oliveyards, 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.”[1474] Certainly the kings would not do all this by “right,” for they were excellently instructed by the law to observe all moderation; but it was called a “right” with respect to the people who were bound to obey, and were not at liberty to resist it. It was just as if Samuel had said, The cupidity of your kings will proceed to all these outrages, which it will not be your province to restrain; nothing will remain for you, but to receive their commands and to obey them.
XXVII. But the most remarkable and memorable passage of all is in the Prophecy of Jeremiah, which, though it is rather long, I shall readily quote, because it most clearly decides the 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 I have given all these lands into the hand of Nebuchadnezzar, the king of Babylon, my servant. And all nations shall serve him, and his son, and his son’s son, until the very time of his land come. And it shall come to pass, that the nation and kingdom which will not serve the same king of Babylon, that nation will I punish with the sword, and with the famine, and with the pestilence. Therefore serve the king of Babylon and live.”[1475] We see what great obedience and honour the Lord required to be rendered to that pestilent and cruel tyrant, for no other reason than because he possessed the kingdom; and it was by the heavenly decree that he was seated on the throne of the kingdom, and exalted to that regal majesty, which it was not lawful to violate. If we have this constantly present to our eyes and impressed upon our hearts, that the most iniquitous kings are placed on their thrones by the same decree by which the authority of all kings is established, those seditious thoughts will never enter our minds, that a king is to be treated according to his merits, and that it is not reasonable for us to be subject to a king who does not on his part perform towards us those duties which his office requires.
XXVIII. In vain will any one object that this was a special command given to the Israelites. For we must observe the reason upon which the Lord founds it. He says, “I have given these lands to Nebuchadnezzar; therefore serve him and live.” To whomsoever, therefore, a kingdom shall evidently be given, we have no room to doubt that subjection is due to him. And as soon as he exalts any person to royal dignity, he gives us a declaration of his pleasure that he shall reign. The Scripture contains general testimonies on this subject. Solomon says, “For the transgression of a land, many are the princes thereof.”[1476] Job says, “He looseth the bonds of kings,” or divests them of their power; “and girdeth their loins with a girdle,”[1477] or restores them to their former dignity. This being admitted, nothing remains for us but to serve and live. The prophet Jeremiah likewise records another command of the Lord to 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 of it ye shall have peace.”[1478] Here, we see, the Israelites, after having been stripped of all their property, torn from their habitations, driven into exile, and forced into a miserable servitude, were commanded to pray for the prosperity of their conqueror; not in the same manner in which we are all commanded to pray for our persecutors; but that his kingdom might be preserved in safety and tranquillity, and that they might live in prosperity under him.
Thus David, after having been already designated as king by the ordination of God, and anointed with his holy oil, though he was unjustly persecuted by Saul, without having given him any cause of offence, nevertheless accounted the person of his pursuer sacred, because the Lord had consecrated it by the royal dignity. “And he said, 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.” Again: “Mine eye spared thee; and I said, I will not put forth mine hand against my lord; for he is the Lord’s anointed.”[1479] 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.”[1480]
XXIX. Finally, we owe these sentiments of affection and reverence to all our rulers, whatever their characters may be; which I the more frequently repeat, that we may learn not to scrutinize the persons themselves, but may be satisfied with knowing that they are invested by the will of the Lord with that function, upon which he has impressed an inviolable majesty. But it will be said, that rulers owe mutual duties to their subjects. That I have already confessed. But he who infers from this that obedience ought to be rendered to none but just rulers, is a very bad reasoner. For husbands owe mutual duties to their wives, and parents to their children. Now, if husbands and parents violate their obligations; if parents conduct themselves with discouraging severity and fastidious moroseness towards their children, whom they are forbidden to provoke to wrath;[1481] if husbands despise and vex their wives, whom they are commanded to love and to spare as the weaker vessels;[1482] does it follow that children should be less obedient to their parents, or wives to their husbands? They are still subject, even to those who are wicked and unkind. As it is incumbent on all, not to inquire into the duties of one another, but to confine their attention respectively to their own, this consideration ought particularly to be regarded by those who are subject to the authority of others.
Wherefore, if we are inhumanly harassed by a cruel prince; if we are rapaciously plundered by an avaricious or luxurious one; if we are neglected by an indolent one; or if we are persecuted, on account of piety, by an impious and sacrilegious one,—let us first call to mind our transgressions against God, which he undoubtedly chastises by these scourges. Thus our impatience will be restrained by humility. Let us, in the next place, consider that it is not our province to remedy these evils; and that nothing remains for us, but to implore the aid of the Lord, in whose hand are the hearts of kings and the revolutions of kingdoms. It is “God” who “standeth in the congregation of the mighty,” and “judgeth among the gods;”[1483] whose presence shall confound and crush all kings and judges of the earth who shall not have kissed his Son;[1484] “that decree unrighteous decrees, to turn aside the needy from judgment, and to take away the right from the poor, that widows may be their prey, and that they may rob the fatherless.”[1485]
XXX. And here is displayed his wonderful goodness, and power, and providence; for sometimes he raises up some of his servants as public avengers, and arms them with his commission to punish unrighteous domination, and to deliver from their distressing calamities a people who have been unjustly oppressed: sometimes he accomplishes this end by the fury of men who meditate and attempt something altogether different. Thus he liberated the people of Israel from the tyranny of Pharaoh by Moses; from the oppression of Chusan by Othniel; and from other yokes by other kings and judges. Thus he subdued the pride of Tyre by the Egyptians; the insolence of the Egyptians by the Assyrians; the haughtiness of the Assyrians by the Chaldeans; the confidence of Babylon by the Medes and Persians, after Cyrus had subjugated the Medes. The ingratitude of the kings of Israel and Judah, and their impious rebellion, notwithstanding his numerous favours, he repressed and punished, sometimes by the Assyrians, sometimes by the Babylonians. These were all the executioners of his vengeance, but not all in the same manner. The former, when they were called forth to the performance of such acts by a legitimate commission from God, in taking arms against kings, were not chargeable with the least violation of that majesty with which kings are invested by the ordination of God; but, being armed with authority from Heaven, they punished an inferior power by a superior one, as it is lawful for kings to punish their inferior officers.
The latter, though they were guided by the hand of God in such directions as he pleased, and performed his work without being conscious of it, nevertheless contemplated in their hearts nothing but evil.