Of Civil Government
by John Calvin
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 princes, 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, 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 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) 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 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 stillborn, 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 included 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 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 Scripture," says he, "called them Gods, to whom the word of God came." What is this but that the business was committed to them by God, 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 judgment, not for man, but for God? To the same effect Wisdom affirms, by the mouth of Solomon, "By me kings reign, 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 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. Therefore 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 ye kings: be instructed, ye judges of the earth;" "Kiss the Son, lest he be angry" (Ps. 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. 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 behooves them to watch with all care, vigilance, 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 "doeth 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 judgment. 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 Chr. 19:6,7, compared with Deut. 1:16, etc.). 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 doth 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 honored 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 natures. 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 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 judgment 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 judgment; but ye shall hear the small as well as the great: ye shall not be afraid of the face of man, for the judgment 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 hath 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 evil-doers 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 "judgment and righteousness" (Jer. 21:12; 22:3). It is righteousness (justice) to take charge of the innocent, to defend and avenge them, and set them free: it is judgment to withstand the audacity of the wicked, to repress their violence, and punish their faults.
10. But here a difficult, 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 Lord, that is, the Church, "They shall not hurt or destroy," how can magistrates be at once pious and yet shedders of blood? But if we understand that 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. I wish it could always be present to our mind, that nothing is done here by the rashness of men 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 doeth 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 improve their piety, justice, and integrity to God. This was the feeling of Moses when, recognizing 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 judgment, 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 men 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 an 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 my 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, be 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? 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.
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. v. 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 Civit. Dei. Lib. v. 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 princes, 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 everything 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. 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. 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 stigmatize 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 fullness 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, gives 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 civilized 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 other (August. de Civit. Dei, Lib. xix. 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 brother" (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 amidst 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 of 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 troubled condition, those things from which disturbances usually arise must be corrected by new edicts. In time of war, civilization 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 difference 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 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.
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, 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 judgment-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 men 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. 13:8).
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" (Matt. 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 be 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. v. 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 from 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. 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, recognizing 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 or flagitious 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 anything at all of a public nature. If it is proper that anything 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 no' 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 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 recognize 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 recognize 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.
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.
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. 4:17,25). 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 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 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 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" (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.