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.166 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 sub- stitutes they in a manner act. This is not a quibble of mine, but is the interpretation of Christ. Exod. 22:8, 9; Ps. 82:1, 6; John 10:34, 35; Deut. 1:16, 17; 2 Chron. 19:6, 7; Prov. 8:15.
“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 κυβερνησεις, governments (1 Cor. 12:28). Still, as we see that civil power has the same end in view, there can be no doubt that he is recommending every kind of just government. He speaks much more clearly when he comes to a proper discussion of the subject. For he says that “there is no power but of God: the powers that be are ordained of God;” that rulers are the ministers of God, “not a terror to good works, but to the evil” (Rom. 13:1, 3). To this we may add the examples of saints, some of whom held the offices of kings, as David, Josiah, and Hezekiah; others of governors, as Joseph and Daniel; others of civil magistrates among a free people, as Moses, Joshua, and the Judges. Their functions were expressly approved by the Lord. Wherefore no man can doubt that civil authority is, in the sight of God, not only sacred and lawful, but the most sacred, and by far the most honourable, of all stations in mortal life. 5. Those who are desirous to introduce anarchy167 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” (Psalm 2:10, 12), he does not order them to lay aside their authority and return to private life, but to make the power with which they are invested subject to Christ, that he may rule over all. In like manner, when Isaiah predicts of the Church, “Kings shall be thy nursing-fathers, and their queens thy nursing- French, “Ceux qui voudroyent que les hommes vesquissent pesle mesle comme rats en paille;”—Those who would have men to live pell-mell like rats among straw.
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 behoves them to watch with all care, diligence, 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 re- ferred,—“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 Chron. 19:6, 7, compared with Deut. 1:16, &c.). And in another passage it is said, “God standeth in the congregation of the mighty; he judgeth among the gods” (Psalm 82:1; Isaiah 3:14), that they may be animated to duty when they hear that they are the ambassadors of God, to whom they must one day render an account of the province committed to them. This admonition ought justly to have the greatest effect upon them; for if they sin in any respect, not only is injury done to the men whom they wickedly torment, but they also insult God himself, whose sacred tribunals they pollute. On the other hand, they have an admirable source of comfort when they reflect that they are not engaged in profane occupations, un- befitting 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 pre- suming 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 honoured with the highest testi- monial—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.168 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 ad- monish 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 pop- ular 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 separ- ated 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 in- equality 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, French “On conte trois especes de regime civil: c’est assavoir Monarchie, qui est la domination d’un seul, soit qu’on le nomme Roy ou Due, ou autrement: Aristoeratie qui est une domination gouvernee par les principaux et gens d’apparence: et Democratie, qui est une domination populaire, en laquelle chacun du peuple a puis- sance.”— There are three kinds of civil government; namely, Monarchy, which is the domination of one only, whether he be called King or Duke, or otherwise; Aristocracy, which is a government composed of the chiefs and people of note; and Democracy, which is a popular government, in which each of the people has power.
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 estab- lished 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 vin- dicators 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,169 “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 af- flictions of the pious, at the command of God, is neither to afflict nor hurt.170 I wish it could Exod. 20:13; Deut. 5:17; Mt. 5:21; Isa. 11:9; 65:25. The French adds, “Pourtant il est facile de conclure, qu’en cette partie il ne sont sujets a la loy commune; par laquelle combien que le Seigneur lie les mains de tous les hommes, toutes fois il ne lie pas sa justice laquelle il exerce par les mains des magistrats. Tout ainsi que quand un prince defend à tou sses sujets de porter baston ou blesser aucun, il n’empeehe pas neantmoins ses officiers d’executer la justice, laquelie il leur a specialement commise.”—Therefore, it is easy to conclude, that in this respect they are not subject to the common law, by which, although the Lord ties the hands of all men, still he ties not his justice which he exercises by the hands of magistrates. Just as when a prince forbids all his subjects to beat or hurt any one, he nevertheless prohibits not his officers from executing the justice which he has specially committed to them.
always be present to our mind, that nothing is done here by the rashness of man, but all in obedience to the authority of God. When it is the guide, we never stray from the right path, unless, indeed, divine justice is to be placed under restraint, and not allowed to take punish- ment 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 Moses171 when, recognising himself as destined to deliver his people by the power of the Lord, he laid violent hands on the Egyptian, and after- wards 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,172 “It is an abomination to kings to commit wickedness; for the throne is established by righteous- ness.” 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 righteous- ness.” 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 Exod 2:12; Acts 7:21; Exod. 32:26; 1 Kings 2:5; Ps 101:8; 45:8. Prov 16:12; 20:26; 25:4, 5; 17:15; 17:14; 24:24.
of the greatest impiety; provided always they eschew reckless and cruel asperity, and that tribunal which may be justly termed a rock on which the accused must founder. For I am not one of those who would either favour an unseasonable severity, or think that any tribunal could be accounted just that is not presided over by mercy, that best and surest counsellor of kings, and, as Solomon declares, “upholder of the throne” (Prov. 20:28). This, as was truly said by one of old, should be the primary endowment of princes. The magistrate must guard against both extremes; he must neither, by excessive severity, rather wound than cure, nor by a superstitious affectation of clemency, fall into the most cruel inhumanity, by giving way to soft and dissolute indulgence to the destruction of many. It was well said by one under the empire of Nerva, It is indeed a bad thing to live under a prince with whom nothing is lawful, but a much worse to live under one with whom all things are lawful. 11. As it is sometimes necessary for kings and states to take up arms in order to execute public vengeance, the reason assigned furnishes us with the means of estimating how far the wars which are thus undertaken are lawful. For if power has been given them to maintain the tranquillity of their subjects, repress the seditious movements of the turbulent, assist those who are violently oppressed, and animadvert on crimes, can they use it more oppor- tunely 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. 5 ad Marcell.) But all magistrates must here be particularly cautious not to give way, in the slightest degree, to their passions. Or rather, whether punishments are to be inflicted, they must not be borne headlong by anger, nor hurried away by hatred, nor burn with implacable severity; they must, as Augustine says (De Civit. Dei. Lib. 5 cap. 24), “even pity a common nature in him in whom they punish an individual fault;” or whether they have to take up arms against an enemy, that is, an armed robber, they must not readily catch at the oppor- tunity, 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 de- sired 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 super- fluous to private individuals, that they may not rashly and petulantly stigmatise the expendit- ure of princes, though it should exceed the ordinary limits.