Audio Session 6 – Sections 17-23

Audio for Session #6

Session #6

* Section #17-21 The duty of the private citizen concerning the use of the courts
* Section #22 How to treat rulers and magistrates
* Section #23 Obedience and deference to rulers
* Commentary Biblical view of government vs. the secular enlightenment

Calvin’s Institutes – Book 4 – Chapter 20

Section 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 defense 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.

Section 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 defense, 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 ardor 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.

Section 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 Cæsar’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).

Section 20

No more are we at variance with the words of Christ, who forbids us to resist evil, and adds, “Whosoever shall smite thee on thy right cheek, turn to him the other also. And if any man will sue thee at the law, and take away thy coat, let him have thy cloak also” (Mt. 5:39, 40). He would have the minds of his followers to be so abhorrent to everything like retaliation, that they would sooner allow the injury to be doubled than desire to repay it. From this patience we do not dissuade them. For verily Christians were to be a class of men born to endure affronts and injuries, and be exposed to the iniquity, imposture, and derision of abandoned men, and not only so, but were to be tolerant of all these evils; that is, so composed in the whole frame of their minds, that, on receiving one offence, they were to prepare themselves for another, promising themselves nothing during the whole of life but the endurance of a perpetual cross. Meanwhile, they must do good to those who injure them, and pray for those who curse them, and (this is their only victory) strive to overcome evil with good (Rom. 12:20, 21). Thus affected, they will not seek eye for eye, and tooth for tooth (as the Pharisees taught their disciples to long for vengeance), but (as we are instructed by Christ), they will allow their body to be mutilated, and their goods to be maliciously taken from them, prepared to remit and spontaneously pardon those injuries the moment they have been inflicted. This equity and moderation, however, will not prevent them, with entire friendship for their enemies, from using the aid of the magistrate for the preservation of their goods, or, from zeal for the public interest, to call for the punishment of the wicked and pestilential man, whom they know nothing will reform but death. 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. 5 ad. Marcell.).

Section 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.

Section 22

The first duty of subjects towards their rulers, is to entertain the most honorable 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, “Honor 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 honor, 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 honor and reverence, and that those who rule should, in respect of their office, be held by us in esteem and veneration.

Section 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 defense, 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 cognizance 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 counselors, so one may not improperly say that those who, by his command, have the charge of managing affairs, are his hands.

John Calvin’s Treatise “On Civil Government”
Study Questions
Session #6

1. In Section 17, Calvin refutes those who believe a Christian should never use __________.

2. Calvin describes a second group: those who are always running to ___________.

3. The courts should be used by Christians as long as __________________________________________.

4. What Biblical character appealed to and used Caesar’s court? ______________

5. How does Calvin explain 1 Corinthians 6:6 where Paul rebukes the Corinthians for going to court?

_________________________________________________________________________

6. In Section 22 we are reminded in Scripture that we are to ______ the king (Proverbs 24:21) and _______ the king. (1 Peter 2:17)

7. If we honor an evil king, we are not honoring the evil; we are honoring ________________________.

8. Should the private citizen take on a function of government without the request of the magistrates? ___

9. Biblically, do the people have authority over their elected officials? ______________________________

10. In the American secular mindset, the people do not need to fear the rulers; the ruler needs to fear _________.

11. John Locke developed the secular, rationalistic philosophy that the government derives its power from _________________________________. Biblically, the government derives its power from ______. (Romans 13)

John Calvin’s Treatise “On Civil Government”
Study Answers
Session #6

1. In Section 17, Calvin refutes those who believe a Christian should never use the courts.

2. Calvin describes a second group: those who are always running to the courts.

3. The courts should be used by Christians as long as our interest is for justice, not revenge; and we do what is good for our adversary and society.

4. What Biblical character appealed to and used Caesar’s court? The apostle Paul

5. How does Calvin explain 1 Corinthians 6:6 where Paul rebukes the Corinthians for going to court? Paul rebukes using the courts when it hurts the testimony of Christ.

6. In Section 22 we are reminded in Scripture that we are to fear the king (Proverbs 24:21) and honor the king. (1 Peter 2:17)

7. If we honor an evil king, we are not honoring the evil; we are honoring the office established by God.

8. Should the private citizen take on a function of government without the request of the magistrates? No

9. Biblically, do the people have authority over their elected officials? No, we need to obey the ruler once he is in his office; the ruler is certainly still under any oath of office or law of the land he swore to uphold.

10. In the American secular mindset, the people do not need to fear the rulers; the ruler needs to fear the people.

11. John Locke developed the secular, rationalistic philosophy that the government derives its power from the people or the consent of the governed. Biblically, the government derives its power from God (Romans 13)