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From Reformation to Revolution: 1500-1650CHAPTER 10:
Savior or Servant? Putting Government in Its Place
The following excerpt is taken from David Hall's new book, Savior
or Servant? Putting Government in Its Place (Copyright, The Covenant
Foundation 1996). For Information about ordering, send email to:
covpca@usit.net with "GET SS info" in the body of the email
message.
Immediately prior to the Protestant Reformation, the beginning point
for most theologies of government was that the Christian citizen was
obligated to submit to the civil ruler. Even moral corruption or
incompetence alone were hardly sufficient reasons to revolt against the
ruler. Government was viewed as established by divine providence. The
early sixteenth century consensus held the following: "[G]overnment per
se is divinely ordained by God in the Scriptures; bad rulers were sent
by God to chastise the nation for their sins; rebellion causes more harm
to innocents than to the guilty." [1]
William Tyndale stated: "God hath made the king in every realm judge over
all, and over him there is no judge. He that judgeth the king judgeth God,
and he that layeth hand on the king layeth hand on God . . . If the
subjects sin, they must be brought to the king's judgement. If the king
sin, he must be reserved unto the judgement, wrath and vengeance of God."
[2]
The Reformation created a confessional landscape in which a ruler of
one faith often confronted a sizeable number of his subjects who espoused
another faith. At a time when toleration was seldom thought of and almost
never practiced, such monarchs would typically try to impose a uniformity
of belief, giving nonconformists a painful choice between conscience and
crown. Medieval sources contained precedents for rebellion, but
Protestants became especially animated in their search for theological
foundations for more democratic expressions. [3]
Karl Holl summarized the major effects of Reformation thought as: "on the
one hand, a deepening of the theory of the state; on the other, a definite
limitations of its powers." [4]
Over time, delimitations to this principle of unqualified submission
became increasingly acceptable. In light of some of the abuses and
excesses of civil rulers, most Protestants came to accept a modified
resistance (passive) if the ruler mandated something explicitly opposed to
revealed matters. Despite the Protestant unity on this issue, there was a
division on the question of whether or not it was permissible to
actively resist the civil magistrate. And if such active resistance
was recognized, to whom was this responsibility entrusted: to the masses
or to the lower magistrates?
John Knox, for example, agreed that people should revolt against a
tyrannical ruler, even going so far as to permit deposition and execution.
[5]
In 1558, Knox's co-pastor, Christopher Goodman, published How Superior
Powers ought to be obeyed of their subjects; and wherein they may lawfully
by God's word be disobeyed and resisted. This Reformation revolution
affirmed:
When kings or rulers become blasphemers of God, oppressors and
murderers of their subjects, they ought no more to be accounted kings or
lawful magistrates, but as private men to be examined, accused, condemned
and punished by the law of God, and being condemned and punished by that
law, it is not man's but God's doing . . . When magistrates cease to do
their duty, the people are as it were without magistrates . . . If princes
do right and keep promise with you, then do you owe them all humble
obedience. If not, ye are discharged and your study ought to be in this
case how ye may depose and punish according to the law such rebels against
God and oppressors of their country. [6]
Huldrych Zwingli also recognized that resistance was legitimate if a
civil ruler ordered the squelching of true religion (as in Acts 4).
However, he qualified that such resistance should only occur with the
support of the large majority and without murder or war. [7]
Nonetheless, by the Peasants War (a rebellion by sectarians against the
King of Germany), Protestant extremists scandalized the movement with
their rebellion. The Peasants War (1521) slowed the momentum of Protestant
support for resistance, and itself was an instance of existing conditions
shaping a theology of the state.
Peter Martyr Vermigli (1499-1562), one of the earliest reformed
pedagogues for England, advocated a strong role for the church in matters
of state. He defined the civil magistrate as: "A person elected, and that
of God, to defend the laws and peace, and with punishments and the sword
to repress vices and evils, and by all manner of means to advance
virtues." [8]
He spoke of civil government as having its efficient cause in God; its
formal cause in the good of humanity; its material cause in the human
ruler; and its final cause as the "preservation of law and peace, the
banishing of vices, and the increases of virtues." [9]
Contrary to the Anabaptists and Libertines, Vermigli recognized the state
as a lawful sphere ordained by God, but certainly not unlimited. A recent
study summarizes Vermigli's views:
We must be subject to the civil ruler `only as touching his function
and office, which if he at any time goes beyond and commands anything that
is repug-nant unto piety, and unto the law of God, we ought to obey God
rather than men., This resistance, however, is by way of exception to
Scripture's general command. In a sinful society, we cannot do without
authority, for we all want to be lords and anarchy would inevitably be the
result. Authority comes from God to fathers, husband, masters, rulers.
Without it, we have only `infinite brawlings and endless contentions, in
church, state, work, and family. [10]
Vermigli wrote an influential commentary on the Book of Judges which
quickened many to the basis of resistance to evil leadership. Still, he
recognized that tyrants may restrain certain vices, and that God
occasionally permits bad governments "to use wicked and ungodly princes to
punish the wicked" acts of the people. The purpose is for God's people to
repent and seek more moral magistrates to execute "the ordinance of God."
Neither nobility nor ecclesiastical leaders are exempt from this ordinance
of God. Good government punishes law-breakers and protects law-keepers,
with the civil magistrate functioning as a "Vicar" of God on the earth. [11]
Typical of the thought in his day, Vermigli believed that the civil ruler
was to enforce not only the second table of the law, but the first as
well.
Vermigli's influence was long lasting in political matters. [12]
Not only the European reformers, but the American colonial clergy were
also indebted to Peter Martyr's thought. John Cotton, a pastor in the
Massachusetts Bay Colony, appreciated Martyr, stating: "It is necessary,
therefore, that all power that is on earth be limited, church power or
other . . . It is therefore fit for every man to be studious of the bounds
which the Lord hath set." [13]
Not all of the Protestant reformers left behind full treatises of their
mature views on this subject. Much of their understanding must be gleaned
from their commentaries or assorted tracts; so it is not always
consistent. However, we have substantive treatments on the role of the
state from Martin Luther, Martin Bucer, John Knox, John Calvin, and
Theodore Beza.
Martin Luther
Similar to Calvin, Luther believed that God had ordained both church
and state as separate, but legitimate, spheres. Luther thought of these
two basic institutions as each wielding its own sword: the church, the
sword of church discipline; the state, the sword of civil force. As long
as each tended its respective business, all would work well. Luther's
construction, however, does not resolve many of the modern issues stemming
from entanglement and confusion between the spheres. Luther did not
believe that the church had a right to impose its belief on unbelievers or
the state. He is purported to have quipped that he would rather have a
"competent turk rule than an incompetent Christian."
Helmut Thielicke provides an adequate summary of Luther's views. [14]
He summarizes five main aspects of Luther's theology of the state.
First, it is the Fall that leads to man's self-destruction: "It
produces a centrifugal tendency which drives men apart from one another,
witness the fratricide of Cain and the dispersion at Babel."
"Second, God puts a stop to this self-destruction in order to give
man a kairos, a space in which to repent." Third, the
institutional form of this preservation is the state: "The state is not an
order of creation but an emergency order evoked by the Fall." Even so, the
state is "an awful remedy by which harmful limbs are cut off that the rest
may be preserved. Thus the state is to be understood theologically in
terms of its function within salvation history, and hence as an ordinance
of God." Fourth, the state is entrusted to human reason.
Fifth, the state must be limited against violating God's orders. [15]
Thielicke admits: "Since government is tied not to theocratic
directives but to the rational judgment of man, Christians are not the
only ones qualified for political office." [16]
He also cautions that, "Reason does not itself concoct the idea of the
state. Neither does it produce the state . . . Its task is simply to make
the most of what it had received." [17]
Earlier, he had distinguished: "In other words, is not a commissioning of
the state by the people something radically different from its creation by
the people?" [18]
He also warns that, following Luther, "The totalitarian state alone
departs from this pattern, and in so doing shows that theologically it is
no longer a state but a pseudo church." [19]
According to Thielicke, "Luther pointed out again and again that the state
must not concern itself with man's salvation. There must be no theocratic
tendencies. The state must limit itself to matters of secular order, to
life and property, and leave the soul alone. Wherever the state attempts
to do more than this, it must be resisted." Luther called the state to
serve as "a shepherd instead of a hangman." [20]
Karl Holl noted how Luther saw the state as indispensable: "Luther does
not attempt to justify the right and duty of the state merely on the basis
of its function to suppress evil. . . . The real Luther justifies the
right of the state not by its negative aspects, but by its positive ones."
[21]
Holl affirmed that Luther "totally rejected the natural law concept," and
that, "The Refor-mation everywhere plays down natural law and replaces the
proofs derived therefrom with arguments that are taken from Christian
morality." [22]
For this reason, according to Holl, "Luther derives the state, not from
below, but exclusively from above, from God's plan of salvation [and]
insists on its distinct character as a state whose essence is authority."
[23]
Attributing to Luther a large role in the advance of civic freedom of
conscience and the adoption of the view which viewed the state as superior
to the will of the individual, Holl noted: "at the same time it was the
Refor- mation that first set a rigid limit to the absolute power of the
state." Moreover, he conceded "to the Reformation respect . . . for being
the first of all in modern times to have prepared the way for freedom of
conscience in the state. All further victories with respect to tolerance
rest on this first step . . . " [24]
Civic freedom was a consequence of the religious freedom.
Martin Bucer on the State
Another early Reformation thinker to apply the Scriptures to matters of
state was Martin Bucer (1491-1552). Bucer was a large influence on Calvin
as well as on the progress of the Reformation in England. He wrote several
tracts or books which carried much weight in the early stages of the
Reformation. In the spring of 1533, Martin Bucer drafted 16 articles for
discussion at the Strasbourg Synod. The fourteenth article (below)
captures his view of the relationship between church and state:
The civil authorities, who exercise the sword and the highest
outward power, are servants of God; they ought, therefore, to direct all
their abilities, as God in his law has commanded and as the Spirit of
Christ himself teaches and urges in all whom he leads, to the end that
through their subjects God's name be hallowed, his kingdom extended and
his will fulfilled,so far as they can serve thereto by virtue of their
office alone. Therefore the spirit of those who want the authorities not
to concern themselves at all with Christian activity, is a spirit directed
against Christ our Lord, and a destroyer of all good. [25]
Bucer's comments were as normal for the day, as they were strong and
uncompromising. His De Regno Christi (1551) was written as a
blueprint for the operation of both church and state. In his thought, the
leaders of state were subordinate to the ends of the church. Christians
were to obey the secular leaders, who were in turn supposed to obey
Christ. The civil magistrates were expected to be Christians and to rule
Christianly. Bucer wrote: "Further, as the Kingdom of Christ subjects
itself to the kingdoms and powers of this world, so in turn every true
kingdom of the world (I say kingdom, not tyranny) subjects itself to the
Kingdom of Christ, and the kings themselves are among the first to do
this, for they are eager to develop piety not for themselves alone, but
they also seek to lead their subjects to it." [26]
The civil authorities, far from being separated by a wall, were to be
the chief instigators of piety. Although many will find this very notion
foreign, it should be admitted that some earlier Christians thought the
state had an obligation to uphold religion. Bucer went so far as to
commission the civil leaders to spread true religion, which in this case
also was a license to keep the heretics, hedonists, and Anabaptists from
spreading. [27]
Moreover, Bucer "granted considerable rights and duties to the political
power in respect of not only the reorganization but also the direction of
the church." [28]
To be sure, Bucer desired an established church, but the reason is often
over-looked: "[T]his promotion of a state church would crush the internal
evan-gelical hostility and discord which until then had prevented the
formation of a strong and effective reforming party in the city." [29]
Bucer believed that Christians should hold public offices (as in the
example of Nicodemus in John 7), that adultery should not go unpunished in
the civil law, and that civil magistrates should uphold God's law. [30]
Another early Reformation thinker was Heinrich Bullinger. Bullinger's
1534 De testamento seu foedere Dei unico et aeterno (Concerning the
One and Eternal Testament or Covenant of God) was one of the first
Reformation treatises. In that Bullinger's work was prior to Calvin's
Institutes, and noting that Bullinger was one of the most prolific
and influential theologians of the Reformation, his work should be
considered integral to reformation studies. Bullinger's shadow extended
not only to the ecclesiastical, but to the civil realm as well. [31]
John Calvin on the Civil Government
Calvinism is also credited with immense political impact. Asserting
that the state was not merely a necessary evil for Calvin, Karl Holl
recognized that Calvinism,even more than Lutheranism,provided a
theological basis to oppose unjust governments. [32]
Everywhere Calvinism went, so did its views of putting government in its
place. Calvinism "placed a solid barrier in the path of the spread of
absolutism." [33]
Holl claimed that even though precursors of human rights were found in the
Middle Ages, nonetheless, "its formal acceptance into political theory is
not completed until this period and only under the impact of religion. . .
. The acceptance of universal human rights into the constitution was,
however, not just the modification of a single point; it included in
itself the transformation of the whole concept of the state." [34]
John Calvin (1509-1564) is frequently credited with massive impact on
political and economical matters in modern Europe. [35]
Abraham Kuyper summarized the political impact of God's sovereignty:
[T]he Calvinistic confession of the sovereignty of God holds good
for all the world, is true for all nations, and is of force in all
authority which man exercises over man . . . It is therefore a political
faith which may be sum-marily expressed in these three theses: 1. God
only,and never any creature ,is possessed of sovereign rights, in the
destiny of nations, because God alone created them, maintains them by his
Almighty power, and rules them by his ordinances. 2. Sin has, in the realm
of politics, broken down the direct government of God, and therefore the
exercise of authority, for the purpose of government, has subsequently
been invested in men, as a mechanical remedy. And 3. In whatever form this
authority may reveal itself, man never possesses power over his fellow man
in any other way than by the authority which descends upon him from the
majesty of God. Calvinism protests against State-omnicompetence, against
the horrible conception that no right exists above and beyond existing
laws, and against the pride of absolutism, which recognizes not
constitutional rights, . . . Calvinism is to be praised for having built a
dam across the absolutistic stream, not by appealing to popular force, nor
to the hallucination of human greatness, but by deducing those rights and
liberties of social life from the same source from which the high
authority of government flows,even the absolute sovereignty of God. [36]
Calvin's primary teaching on these matters is recorded in his magnum
opus, The Institutes of the Christian Religion. [37]
The Genevan reformer believed that civil government was a token of "how
lovingly God has provided for mankind" (IV, xx, 1). The task of the civil
ruler was to provide "that a public manifestation of religion may exist
among Christians, and that humanity be maintained among men" (IV, xx, 1).
Calvin believed that if there was no civil government and if depraved men
perceived that they could go "scot-free" (IV, xx, 2), they surely would
and society would deteriorate into anarchy. On one occasion, he likened
such irresponsible anarchy to living "pell-mell, like rats in straw" (IV,
xx, 5). He argued that when Psalm 2:12 bids us to "kiss the Son," God does
not at the same time bid persons to "lay aside their authority and retire
to private life, but submit to Christ the power with which they have been
invested, that he alone may tower over all" (IV, xx, 5). On Romans 13,
Calvin commented that, "powers are from God, not as pestilence, and
famine, and wars, and other visitations for sin, are said to be from him;
but because he has appointed them for the legitimate and just government
of the world. For though tyrannies and unjust exercise of power, as they
are full of disorder are not an ordained government; yet the right of
government is ordained by God for the well-being of mankind." [38]
Calvin recognized the holding of civil offices as entirely appropriate,
even going so far as to speak of civil service as "the most sacred and by
far the most honorable of all callings in the whole life of men" (IV, xx,
4). At one point, Calvin referred to these civil rulers as "vicars of God"
(IV, xx, 6), and saw their role as "ordained protectors and vindicators of
public innocence, modesty, decency, and tranquility, and that their sole
endeavor should be to provide for the common safety and peace of all" (IV,
xx, 9). Elsewhere, he stated the "appointed end" of the civil government
as: "to cherish and protect the outward worship of God, to defend sound
doctrine of piety and the position of the church, to adjust our life to
the society of men, to form our social behavior to civil righteousness, to
reconcile us with one another, and to promote general peace and
tranquility" (IV, xx, 2). The use of the sword was the necessary correlate
to human depravity. The civil magistrates were to be honored as
"superiors" in keeping with the fifth commandment. Even evil rulers kept
God's law to some degree, and disobedience was justified only for
legislation contrary to God's law. The task of civil government according
to Calvin was prescribed in Romans 13:4:
Magistrates may hence learn what their vocation is, for they are not
to rule for their own interest, but for the public good; nor are they
endued with unbridled power, but what is restricted to the well-being of
their subjects; in short, they are responsible to God and to men in the
exercise of their power. For as they are deputed by God and do his
business, they must give an account to him: and then the ministration
which God has committed to them has a regard to the subjects, they are
therefore debtors to them. [39]
Calvin believed that the Kingdom of God had indeed begun, but that it
was not totally consummated: "For spiritual government, indeed, is already
initiating in us upon earth certain beginnings of the Heavenly Kingdom,
and in this mortal and fleeting life affords a certain forecast of an
immortal and incorruptible blessedness" (IV, xx, 20). He also shared the
common theo-cratic notions of his time: "Let no man be disturbed that I
now commit to civil government the duty of rightly establishing religion .
. ." (IV, xx, 3). Further, he believed that theology and politics were
inextricably intertwined ("All have confessed that no government can be
happily established unless piety is the first concern;",IV, xx, 9), and
that the civil magistrate should see to both tables of the law (IV, xx,
9). Commenting on John 18:36, Calvin enunciated his view of the kingdom in
these terms: "there is no disagree-ment between his [Christ's] kingdom and
political government or order. . . the same doctrine is useful to
believers to the end of the world; for if the kingdom of Christ were
earthly, it would be frail and changeable, because the fashion of this
world passes away; but now since it is pronounced to be heavenly, this
assures us of its perpetuity. . . . though there are innumerable storms by
which the world is continually agitated, the kingdom of Christ, in which
we ought to seek tranquility is separated from the world." [40]
Clearer still are Calvin's comments on the next gospel phrase (Jn.
18:36) where Jesus stated that his servants do not strive for enforcement
of an earthly kingdom. His view of separation of powers is still helpful.
He [Jesus] proves that he did not aim at an earthly kingdom, because
no one moves, no one takes arms in his support; for if a private
individual lay claim to royal authority, he must gain power by means of
seditious men. Nothing of this kind is seen in Christ; and, therefore, it
follows that he is not an earthly king.
But here a question arises, Is it not lawful to defend the kingdom
of Christ by arms? For when Kings and Princes are commanded to `kiss the
son of God,, not only are they enjoined to submit to his authority in
their private capacity, but also to employ all the power that they possess
in defending the church and maintaining godliness. I answer, first, they
who draw this conclusion, that the doctrine of the Gospel and the pure
worship of God ought not to be defended by arms are unskillful and
ignorant reasoners; for Christ argues only from the facts of the case in
hand, how frivolous were the calumnies which the Jews had brought against
him. Secondly, though godly kings defend the kingdom of Christ by the
sword, still it is done in a different manner from that in which worldly
kingdoms are wont to be defended; for the kingdom of Christ, being
spiritual must be founded on the doctrine and power of the Spirit. In the
same manner, too, its edification is promoted; for neither the laws and
edicts of men, nor the punishments inflicted by them, enter into the
consciences. . . . It results, however, from the depravity of the world
that the kingdom of Christ is strengthened more by the blood of the
martyrs than by the aid of arms. [41]
Calvin wrote that if civil rulers properly understood their callings,
i.e., "that they are occupied not with profane affairs or those alien to a
servant of God, but with a most holy office, since they are serving as
God's depu-ties" (IV, xx, 6), they would serve with more equity. He
queried rhetorically:
For what great zeal for uprightness, for prudence, gentleness,
self-control, and for innocence ought to be required of themselves by
those who know that they have been ordained ministers of divine justice?
How will they have the brazenness to admit injustice to their judgment
seat, which they are told is the throne of the living God? How will they
have the boldness to pronounce an unjust sentence, by that mouth which
they know has been appointed an instrument of divine truth? With what
conscience will they sign wicked decrees by that hand which they know has
been appointed to record the acts of God? To sum up, if they remember that
they are vicars of God, they should watch with all care, earnestness, and
diligence, to represent in themselves to men some image of divine
providence, protection, goodness, benevolence, and justice (IV, xx,
6).
Following Aristotle's morphology of the state and its tendency toward
deteri- oration from monarchy to tyranny and from democracy to anarchy,
Calvin advocated "a system compounded of aristocracy and democracy" (IV,
xx, 8). He also saw a legitimate place for checks and balances, seeing the
need for "censors and masters to restrain his [monarch] willfulness" (IV,
xx, 8).
The civil magistrate did not act on his own, but "carries out the very
judgments of God" in bearing the sword to punish lawbreakers (IV, xx, 10).
He even cites King David as condoning the destruction of the wicked in the
land (Ps. 101:8). Far from legitimating vengeance, violence, or undue
cruelty, the magistrate was to avoid "excessive severity" and
"superstitious affecta-tion of clemency" (IV, xx, 10). Alluding to the
proverb from Seneca, Calvin concurred: "It is indeed bad to live under a
prince with whom nothing is permitted; but much worse under one by whom
everything is allowed" (IV, xx, 10). He argued: "Now if their true
righteousness is to pursue the guilty and the impious with drawn sword,
should they sheathe their sword and keep their hands clean of blood, while
abandoned men wickedly range about with slaughter and massacre, they will
become guilty of the greatest impiety, far indeed from winning praise for
their goodness and righteousness thereby!" (IV, xx, 10)
Civil magistrates were to wage war as an "execution of public
vengeance" (IV, xx, 11): "For if power has been given them to preserve the
tranquility of their dominion, to restrain the seditious stirrings of
restless men, to help those forcibly oppressed, to punish evil deed," then
by extension rulers may oppose the fury of those who perpetuate immoral
deeds (IV, xx, 11). Kings who act unjustly are considered "robbers" and
worthy of censure. Yet, even in war, Calvin advocated restraint and
humanity. The rationale for waging war is that conditions which justified
it "of old still persists today" (IV, xx, 12), and "there is no reason
that bars magistrates from defending their subjects" (IV, xx, 12). The
civil magistrate was also warranted to execute the guilty in obedience to
God's command: "Contend then do they with God who think it unlawful to
shed the blood of wicked men." [42]
Calvin recognized the right of the magistrate to tax. However, he
recommended prudent limits, arguing that taxes should only support public
necessity; for "to impose them upon the common folk without cause is
tyrannical extortion" (IV, xx, 13). Obedience is a Christian duty in this
area; however, princes are not to indulge in "waste and expensive luxury,"
lest "in impious self-confidence [they] come under God's displeasure" (IV,
xx, 13). Later, excessive taxation is alluded to: "Others drain the common
people of their money, and afterward lavish it on insane largesse" (IV,
xx, 24).
Another major topic of discussion for Calvin is the use of the OT
judicial law, "the silent magistrate." Calvin believed that just as the
ceremonial laws had been "abrogated while piety remained safe and
unharmed, so too, when these judicial laws were taken away, the perpetual
duties and precepts of love could still remain" (IV, xx, 15). He admitted
that different nations were free to make laws as they saw best, but with
this qualification: "Yet these must be in conformity to that perpetual
rule of love, so that they indeed vary in form but have the same purpose"
(IV, xx, 15). For example, he believed that different states were
permitted to apply the death penalty for capital crimes with different
specifics, as long as the capital sentence was administered: "For the Lord
through the hand of Moses did not give that law to be proclaimed among all
nations and to be in force everywhere" (IV, xx, 16). This statement must,
of course, be balanced with other aphorisms.
What Calvin seems to say is that all the specifics and particulars of
the judicial law are no longer binding. However, the equity of moral
principle, which definition may depend on other scriptural passages,is to
continue. The moral law,which Calvin viewed as "nothing else than a
testimony of natural law" (IV, xx, 16),and conscience are never abrogated,
contrary to the ceremonial and judicial codes: "Consequently, the entire
scheme of this equity of which we are now speaking has been prescribed in
it. Hence, this equity alone must be the goal and rule and limit of all
laws. Whatever laws shall be framed to that rule, directed to that goal,
bound by that limit, there is no reason why we should disapprove of them,
howsoever they may differ from the Jewish law or among themselves" (IV,
xx, 16). Since Calvin is seldom accused of laxness, his comments must be
taken seriously. So taken, they do not call for disavowal of the equitable
principles of the OT judicial law, but merely the abrogation of
non-essential and non-moral aspects. One may even interpret many of the
biblical passages as seeking to perpetuate not so much the specific
manners of the OT law, as the moral heart of God's law. It is possible to
maintain the bindingness of God's law, while not necessarily advocating
all the Jewish specifics.
Helmut Thielicke agrees that one does not slight the OT law "if we
prefer new and different laws suited to the situation. . . . This can
hardly mean abrogation of the Mosiac law, since it was never enacted for
us." [43]
Moreover, along the lines of Calvin, Thielicke comments: "One has to take
into account, therefore, the special privileged position of Israel, which
is different from our own situation. We do not live in a theocracy such as
was established in Israel by the fact that God will be a lawgiver
especially to it. If we understand Calvin correctly, to take over the
Mosaic Law would thus be not only to turn back from the manifested reality
to the mere shadows, but also to arrogate to ourselves the special
theocratic privileges of Israel which are not ours." [44]
Calvin also recognized the propriety of using civil law courts, as long
as a Christian did not act in revenge, but entrusted himself "in the care
of the magistrate" (IV, xx, 18). He obviously sought to support such in
the face of the Anabaptists' claim that it was un-Christian to resist in
any form (IV, xx, 20). In the same context, he called for the Christian to
turn to the law of love which "will give every man the best counsel" (IV,
xx, 21).
The duties of Christians toward the civil magistrate even included
obeying unjust rulers. Calvin enumerated the duties of the Christian
citizen as first to "think most honorably of their office" (IV, xx, 22).
This opinion is not to see these as necessary evils, but as Peter teaches:
"the word `to honor, [1 Pet. 2:17] includes a sincere and candid opinion
of the king" (IV, xx, 22). Second, subjects should prove their obedience
by paying taxes, obeying proclamations, and serving to protect the nation.
Moreover, Calvin warned Christians not to intrude excessively into the
authority of the magistrate (IV, xx, 23).
Unless arising in actual disobedience to God, even a wicked ruler
should be obeyed as having "their authority solely from" God (IV, xx, 25).
The reasons were: (1) "Scripture reckons all such calamities among God's
curses (IV, xx, 25); (2) The Providence of God (IV, xx, 26); (3) General
testimonies of Scripture on the sanctity of the royal person (IV, xx, 28);
and (4) the Sovereignty of God (IV, xx, 29). However, even with such clear
calls to submit to the civil ruler, in some cases, other magistrates are
justified in overturning a wicked ruler; it is just not to be done by
private individuals (IV, xx, 31). Calvin acknowledged that at times God's
will has been done in the overthrow of wicked rulers (IV, xx, 31), but
still preferred to allow the Lord to correct unbridled despotism.
Concerning revolution, he advocated a peaceful, incremental revolution via
the intermediate magistrates:
For if there are now any magistrates of the people, appointed to
restrain the willfulness of kings (as in ancient times the ephors . . .),
I am so far from forbidding them to withstand, in accordance with their
duty, the fierce licentiousness of kings, that, if they wink at kings who
violently fall upon and assault the lowly common folk, I declare that
their dissimulation involves nefarious perfidy, because they dishonestly
betray the freedom of the people, of which they know that they have been
appointed protectors by God's ordinance (IV, xx, 31).
The obvious exception to any of these rules, however, was that the
Christian was not only free but also obligated to resist the magistrate
who compelled ungodly activity. [45]
Calvin taught that not only were there exceptions to the above
considerations, but also that obedience to God was primary: "obedience is
never to lead us away from obedience to him" (IV, xx, 32),a good
illustration of qualified absolutism. [46]
He reasoned: "And how absurd would it be that in satisfying men you should
incur the dis-pleasure of him for whose sake you obey men themselves!"
(IV, xx, 32) Still, this is balanced with Calvin's conclusion that we
should "comfort ourselves with the thought that we are rendering that
obedience which the Lord requires when we suffer anything rather than turn
aside from piety" (xx, 32).
Calvin, it should be remembered, believed that any government was
better than no government at all: "further, some kind of government,
however deformed and corrupt it may be, is still better and more
beneficial than anarchy." [47]
In sum, however, he concluded: "Now this passage [Romans 13] confirms
what I have already said,that we ought to obey kings and governors,
whoever they may be, not because we are constrained, but because it is a
service acceptable to God; for he will have them not only to be feared,
but also honored by a voluntary respect." [48]
The above notions notwithstanding, Calvin gave impetus to
post-Reform-ation political upheavals when he reminded that even kings
were not to "arrogate to themselves more than belongs to them." He
commented on Psalm 82:
It is unquestionably a very unbecoming thing for those whom God has
been pleased to invest with the government of mankind for the common good,
not to acknowledge the end for which they have been exalted above others .
. . but instead of doing this, contemning every principle of equity, to
rule just as their own unbridled passions dictate. So infatuated are they
by their own splendor and magnificence as to imagine that the whole world
was made only for them. Besides, they think it would derogate from their
elevated rank were they to be governed by moderate counsels; . . . To
correct this arrogance, the psalm opens by asserting that although men
occupy thrones and judgment-seats, God nevertheless continues to hold the
office of supreme ruler. . . . The more effectually to overthrow this
irrational self-confidence with which they are intoxicated, civil order is
termed the assembly of God; for although the divine glory shines forth in
every part of the world, yet when lawful government flourishes among men,
it is reflected therefrom with pre-eminent luster. [49]
Later on the same passage, he reminds that, "Kings may lift up their
head above the clouds, but they, as well as the rest of mankind, are under
the government of God." He further warns against the depravity of rulers:
"Moreover, there is a certain devilish frenzy which infatuates the princes
of the world, and leads them voluntarily to pay greater respect to wicked
men than to the simple and innocent. Even supposing that the wicked
continue inactive, and use no endeavors to obtain for themselves favor . .
. yet those who bear rule are for the most part inclined of themselves to
the bad side. The reason why the prophet upbraids them is, that wicked men
find more favor at their hands than the good and conscientious." [50]
Calvin's thought can also be gleaned from his 1544 tract, "Brief
Instruction for Arming all the Good Faithful against the Errors of the
Common Sect of the Anabaptist," [51]
where he argued that if the civil office was so impious, how could so many
believers and Judges occupy the temporal power in the OT. Further, he
argued for the legitimacy of the power of the sword: "We worship the same
God that the fathers of old did. We have the same law and rule that they
had . . ." [52]
Calvin found it inconsistent that Anabaptists could not admit that service
as a civil officer was ordained, when "they do not deny that a Christian
can be a tailor or a cobbler. And yet these vocations are not expressly
mentioned in the Scriptures. Why then don't they permit a Christian to be
a minister of justice, seeing that this calling is so amply approved with
praise by the mouth of God?" [53]
Calvin strongly reproved the Anabaptists as "miserable fanatics [who]
have no other goal than to put everything into disorder, to undo the
commonwealth of property in such a way that whoever has the power to take
anything is welcome to it." [54]
His critique of the sixth article of The Schleitheim Confession
concluded:
As for the end to which they lay claim, I only have two words to
say: that in it they reveal themselves to be the enemies of God and of the
human race. For they make war against God in wanting to revile what he has
exalted. And we could not imagine a better way of trying to ruin the world
and ushering in brigandage everywhere than in seeking to abolish the civil
government or the power of the sword, which indeed is thrown down if it is
not lawful for a Christian man to exercise it. [55]
Except for a few comments (e.g., on Daniel 6:22), Calvin consistently
discourages rebellion. Both Luther and Philipp Melanchthon allowed
resistance to the superior magistrate to be carried out by the inferior
magistrate in a Roman Catholic Establishment. [56]
This Lutheran claim was applicable, in their view, if a superior
magistrate "undertook by force to restore popish idolatry and to suppress
or exterminate the pure teaching of the Holy Gospel . . . then the lower
godfearing magistrate may defend himself and his subjects." [57]
Thus, tyrants were to be removed by the intermediating magistrates. Martin
Bucer also held that the OT validated cases of intermediating magistrates
preserving "the people of God from evil and defend[ing] their safety and
goods. . . . [when] superior power falls to extortion or causes any other
kind of external injury . . . [inferior magistrates could] attempt to
remove him by forces of arms." [58]
Planting the seeds which would eventually bear fruit in the American
Revolution, Protestants generally came to agree that the overthrow of a
ruler was acceptable under certain conditions (i.e., his opposition to
true religion and through the intermediating magistrates).
Theodore Beza
A primary maxim of Protestant political thought was that anarchy was an
extreme to be avoided. Anarchy, which relied ultimately on private
judgment only, was not trustworthy. Theodore Beza left much comment on
this, which comment must be understood as resulting in some measure from
the 1572 St. Bartholomew's Day Massacre of the Huguenots. [59]
Beza's The Right of Magistrates (1574), justified armed resistance
led by intermediating magistrates against a king. [60]
However, anarchy was more feared than the rule of an aristocracy, and Beza
noted, "a thousand tyrants would arise on the pretext of suppressing one."
[61]
The second generation of reformers briskly articulated a theology of
the state, with the following seminal works appearing in rapid succession
in less than thirty years: Martin Bucer's De Regno Christi (1551),
John Ponet's A Short Treatise of Political Power (1556), [62]
Christopher Goodman's How Superior Powers ought to be obeyed of their
subjects; and wherein they may lawfully by God's word be disobeyed and
resisted (1558), Francois Hotman's Francogallia (1573), [63]
Beza's De Jure Magisterium (1574), George Buchanan's De Jure
Regni Apud Scotos (1579), and Mornay's Vindiciae Contra
Tyrannos (1579).
Earlier, Beza noted that a limited resistance against a higher
magistrate was countenanced. [64]
Much of Beza's thought on these matters was further developed in the 1579
Vindiciae Contra Tyrannos, probably written by Philippe du Plessis
Mornay. [65]
This work viewed the masses as essential covenant partners in the nation.
Writing within the same decade as the St. Bartholomew's Day Massacre,
Brutus denounced the arrogance of a state that assumed unlimited power
unto itself, and maintained that the corporate body of the people is above
the king. [66]
The argument,radical for its day ,was: "Therefore, as all the whole people
is above the king, and likewise taken in one entire body, are in authority
before him, yet being considered one by one, they are all of them under
the king." [67]
The argument, therefore, was for legitimate government and individual
submission; however, this treatise also put the government in its place,
lodging the head of state under the authority of the civil corporation.
Vindiciae Contra Tyrannos raised and answered the following
questions:
- Did the passage of time erode the rights of the people, if they had
failed to resist tyranny?
- Why were kings created?
- Are kings themselves above the law?
- May the prince make new laws, or are they made by the people?
- Does the ruler have power of life and death over his subjects?
- May the king ignore the law in granting pardon to those found
guilty?
- Does the property of the people belong to the king?
- Is the king the lawful owner of the kingdom?
* May the king use the property of the people for his own ends? [68]
Even by these questions, radical for their times, this is not an
argument that grants absolute sovereignty to the people. [69]
Instead of arguing for populism, this powerful tract did not so much
explicate an argumentum pro populum as it demonstrated "the
impossibility of an absolute state." [70]
Since God had made a covenant with the king, the king also was to make
a covenant with the people. [71]
If he violated his covenant, then this king could rightly be seen as
having forfeited the right to rule. Thus rebellion would be vindicated in
a case of covenant abdication. Jurgen Moltmann has observed that flowing
from this theology of resistance, "As opposed to the medieval discussion
about the right of resistance, the Reformation brings with it the novel
case of resistance for religious reasons against a change of religion
decreed by the state." [72]
Whereas Beza had defended the right of the intermediate magistrates to
resist a ruler based on the fundamental rights of the people ("Everyone
can resist those who in the violation of their official duties assume a
tyrannical power over the subjects."), and whereas the premier Scottish
theologian of the loci, George Buchanan, advocated that citizens
were "relieved of their obligation of obedience if the ruler damages the
contract of rulership," Junius Brutus (the pseudonymous author of the
Vindiciae) went so far as to advocate that, "the traditional right
of resistance of the estates against the crown is no longer defended but
rather a new federalistic-democratic idea of the state is propagated." [73]
The "double covenant" idea (i.e., that citizens covenant with both God and
the ruler) advances the discussion by asking the following:
(1) Do subjects owe obedience to a ruler whose decrees contradict the
law of God?
(2) Is one allowed to resist the ruler if he violates the law of God?
(3) Is it allowed to resist a ruler who ruins a state?
(4) Are neighboring rulers allowed to help foreign subjects based on
religious or political grounds? [74]
Beza's thought is most succinctly set forth in his work, The
Christian Faith. In his penultimate chapter (on the Church), he
devotes the final two sections to "The Office of the Christian Magistrate"
and "The Obedience Due the Magistrates." [75]
If the magistrate is a Christian, then he is expected to rule in accord
with his beliefs. Peace and public tranquility are not justly established,
according to Beza, "without first re-establishing the true worship of
God." [76]
The Christian magistrate is to "follow the example of David, Solomon,
Hezekiah, Josiah, in short, of all the holy kings and princes" and value
well-ordered churches. [77]
He calls for false prophets and heretics to be put to the sword by
Christian princes. [78]
However, two vital considerations qualify such use of the sword. First,
"heretics must be discerned by the Word of God, and by judicial
examination of the cause, for fear that good men may be punished." Second,
distinctions must be made between: (a) "those who err simply by ignorance
and misapprehension and those who sin through malice or arrogance;" (b)
those who are individually obstinate as opposed to "the makers of sects;"
and (c) questionable matters as opposed to clear articles of doctrine. [79]
Summarizing the civic scope of the office, Beza prescribed:
The magistrate must also attend to the affairs which properly
concern this life, be it disputes and lawsuits, common order and public
honesty, or the quelling of public violence. There must therefore, be laws
established which are righteous and conformed to the Word of God as the
general rule . . . ; and that justice be administered without corruption
according to such laws (Ps. 82; Rom. 13:3-4), that their authority be
maintained, that those who do evil be punished, that force be not used
except for the very just and necessary reasons, and that war be conducted
with great integrity and pure conscience (Lk. 3:14). In short, that all
things concerning the public peace and the glory of God be done with great
reverence of God (1 Tim. 2:2); and that, to this end, sufficient taxes and
tribute be gathered to sustain these public offices. [80]
Notwithstanding, the limitation of the magistracy is seen as Beza noted
that the power of the lawful magistrate is neither infinite [81]
nor uncondi- tional. Corruption may permit an exception to the rule. If
corruption is present in the thing itself (e.g., a chief of robbers or an
imposter to a throne) or in the person, then resistance may be allowed.
Even in those cases (and mainly in cases of internal corruption), the
intermediating magistrates "are duty-bound to repress these tyrants who
act wildly and commit outrages. If they do not do so, then they shall
answer for their disloyalty before the Lord, as traitors to their own
country." [82]
Beza also qualifies that such overthrow is never to be violent; "the rule
is steadfast and perpetual." [83]
Thus, "we must not even lift a finger," but rather resort to amending our
own lives and "take refuge in prayers and tears, which the Lord will not
disregard but answer in his own due time." [84]
Beza reminds that "on every occasion when we cannot obey the command of
men without offending the majesty and despising the authority of the King
of kings and the Lord of lords," [85]
then we must not participate. A believer must obey God above all and not
acquiesce, however, to mandated wickedness under the guise of civic
obedience. His treatise concluded with a strong statement not to confuse
these views with those of "the fanatical Anabaptists who abolish
completely the authority of magistrates . . . and declare that trial and
wars are unlawful things." [86]
His stinging rebuke concluded that to so allege is "notorious; contrary to
the Word of God, they set themselves above kingdoms and kings, there is no
kind of person more rebellious to magistrates than they are; yet, they
dare to charge us with a crime which they do not draw back from saying is
permitted to them." [87]
In a 1591 work, The Grounds and Principles of Christian
Religion, Beza argued that "by the common consent of men . . . this
civil power was not instituted . . . for the hurt of man; but ordained by
God for the preservation of mankind." [88]
Moreover, he reviled the Anabaptists who were "to be detested [for]
despising all government and speak evil of the superior powers." Beza
affirmed that the duty of the magistrate extended to both tables of the
law: "[I]t is their duty to provide that their subjects may not only live
peaceably, but also religiously." Beza was quick to clarify, however, that
the civil magistrate's responsibility differed in regard to each table of
the law. Regarding the first table of the law, Beza believed that the
ruler was not to invent religious law, but to see to it that true worship
of God is practiced. Furthermore, the magistrates were to "compel"
ministers to careful performance of their duty, specifying that they
should punish blasphemers, heretics, schismatics, refugees from
discipline, and others who oppose the faith. In the event of a doctrinal
controversy, the magistrate, respecting a division of powers,is to convene
a synod.
As to the second table, the magistrate is to provide just laws and
protect public innocence, modesty, and peace. Accordingly, they are to be
armed with power to punish the wicked and declare war. They are also
authorized to exact taxes and annual revenues. Beza summarized:
No unchangeable rule of these laws, by reason of the variety of
circumstances can be set down, save only this one: namely, that they be
leveled and directed unto God's glory, and to the good of the subjects. We
do therefore condemn those customs, laws, and constitutions, which decline
from this eternal rule of the honor of God, and love towards our neighbor,
and do permit, either theft, stewes, or any such monstrous disorders, and
we account them for such constitutions, as unto whom no obedience is to be
yielded. [89]
Beza balanced these sentiments by noting that private (individual)
citizens were not to overthrow the magistrate, even if the rulers were
very great tyrants, "for that is a far different thing from refusing to
yield obedience unto impious or unjust laws." In addition, he called on
Christians to avoid contentiousness, while not forfeiting the right to
defend oneself against a tyrant. He concluded: "They are deceived
therefore, who think it unlawful for Christians to seek and maintain their
right by civil pleas, and to crave the help of the Magistrate." Beza
concluded this summary: "As often as the Magistrate commands anything that
is repugnant either to the worship which we owe unto God, or to the love
which we owe unto our neighbor, we cannot yield obedience thereunto with a
safe conscience. For as often as the commandment of God and men are
directly opposed one against another, this rule is to be perpetually
observed; that it is better to obey GOD than men." [90]
Some went so far as to urge that in these cases, indeed, overthrow was
mandatory. [91]
Of course, most of these views, as in the case of Scotland and England,
depended on the notion of God establishing a religious covenant with a
nation; thus implying a continuing corporate responsibility to such
previous covenant.
John Knox deposited a legacy of teaching on this subject, some even
attributing to Knox the title: the Father of the American Revolution.
Prior to the accession of Mary I, Knox advised flight as the main option
when faced with a tyrannical government. However, between the accession of
Mary I and the accession of Elizabeth I (1558), Knox modified his views to
allow for greater amounts of resistance to ungodly rulers. In his First
Blast of the Trumpet (1558), Knox called on the lesser magistrates to
punish idolatry and blasphemy. He charged them with the obligation of
resisting such, even permitting the execution of the queen. Knox believed
that ecclesiastical reformation should be supported by the magistrates, [92]
and began to license even the masses to depose and execute an idolatrous
civil leader: "punishment of such crimes, as are idolatrie, blasphemie,
and others that tuche the Majesty of God, doth not appertain to kinges and
chefe rulers only, but also to the whole body of that people, and every
member of the same, according to the vocation of everie man, and according
to that possibilitie and occasion which God doth minister." [93]
Some construe that Knox went so far as to view non-resistance in such
cases as a sin. In these incremental steps, the Protestant theology of the
state evolved.
One of the earliest systematic treatises of matters of state was George
Buchanan's The Rights of the Crown in Scotland (De Jure Regni
Apud Scotos).
This work,perhaps "the most influential political essay of the century"
[94],
was an early (1579) integrated Protestant argument for limited government.
Buchanan believed that lawful kings and tyrants were contraries. [95]
With Cicero, Buchanan believed that nothing was more acceptable to the
sovereign Deity than well-ordered states which were united in the
principles of justice. [96]
This early Protestant asserted that, "it was much safer to trust liberties
to laws than to kings . . . confine them to narrow bounds, and thrust
them, as it were, into cells of law . . . circumscribe [them] within a
close prison." [97]
That rulers were to be subordinate to a constitution is seen in Buchanan's
statement: "Kings being accordingly left, in other respects free, found
their power confined to prescribed limits only by the necessity of
squaring their words and actions by directions of law." [98]
Buchanan called it an egregious mistake to suppose that "nations created
kings not for the maintenance of justice, but for the enjoyment of
pleasure." [99]
He maintained that, "the people from whom he [king] derived his power
should have the liberty of prescribing its bounds; and I require that he
should exercise over the people only those rights which he has received
from their hands." [100]
Buchanan noted: "The law then is paramount to the king, and serves to
direct and moderate his passions and actions." [101]
According to this emerging Protestant consensus, a king exercised power
on behalf of the people, whereas a tyrant wielded authority on behalf of
himself: "For to make everything bend to your own nod, and to center in
your own person the whole force of the laws, has the same effect as if you
should abrogate all the laws." [102]
Further, Buchanan argued:
But those who openly exercise their power, not for their country,
but for themselves, and pay no regard to the public interest, but to their
own gratification; who reckon the weakness of their fellow-citizens the
establishment of their own authority, and who imagine royalty to be, not a
charge entrusted to them by God, but a prey offered to their rapacity, are
not connected with us by any civil or human tie, but ought to be put under
an interdict, as open enemies to God and man. [103]
Johannes Althusius
Some think of the pinnacle of Reformation political thought as the
mature work of Johannes Althusius (1557-1638). Daniel Elazar sums up: "The
road to modern democracy began with the Protestant Reformation in the
sixteenth century, particularly among those exponents of Reformed
Protestantism who developed a theology and politics that set the Western
world back on the road to popular self-government, emphasizing liberty and
equality." [104]
Althusius's 1603 Politica,a digest of "politics methodically set
forth and illustrated with Sacred and Profane Examples",recognized that
the federal design was first exhibited in Scripture: "Moreover, . . .
every aspect of the polity is to be informed by federal principles and
arrangements in the manner of the network of biblical covenants. Also, it
. . . is grounded in a realistic understanding of human nature, its limits
and possibilities." [105]
Althusius noted an organic unity to human government: "For all govern-
ment is held together by imperium [rule] and subjection; in fact, the
human race started straightway from the beginning with imperium and
subjection. God made Adam master and monarch of his wife, and of all
creatures born or descendant from her. Therefore, all power and government
is said to be from God." [106]
Althusius defined politics as "the association brought about by
contrib-uting and communicating one with another in which political men
institute, cultivate, maintain, and conserve the fellowship of human life
through decisions about those things useful and necessary to social life."
[107]
Thus, the "final cause [of politics] is also the conservation of a human
society that aims at a life in which you can worship God quietly and
without error." [108]
The various spheres of government, for Althusius, were the church, the
family, the collegium (professional association), the city, the province,
and the nation. Combining both explicit and implicit Christian principles,
he argued for limited government, checks and balances, freedom of
association, the primacy of the family, and the need to apply ethics to
government. Althusius anticipated much recent discovery, asserting that
some trans-cendental basis for civil law is necessary: "For there is no
civil law, nor can there be any, in which something of natural and divine
immutable equity has not been mixed. If it departs entirely from the
judgment of natural and divine law, it is not to be called law. It is
entirely unworthy of this name, and can obligate no one against natural
and divine equity." [109]
Althusius frequently iterated that "piety is required by the first
table of the Decalogue and justice by the second, and the two together are
further-more validated in human experience everywhere." [110]
In the Preface to the 1614 (3rd) edition, Althusius stated: "I have
included among other things herein, all in their proper places, the
precepts of the Decalogue and the rights of sovereignty, about which there
is a deep silence among some other political scientists. The precepts of
the Decalogue are included to the extent that they infuse a vital spirit
into the association and symbiotic life that we teach, that they carry a
torch before the social life that we seek, and that they prescribe and
constitute a way, rule, guiding star, and boundary for human society. If
anyone would take them out of politics, he would destroy it; indeed, he
would destroy all symbiosis and social life among men." [111]
Althusius extolled: "I consider that no polity from the beginning of
the world has been more wisely and perfectly constructed than the polity
of the Jews. We err, I believe, whenever in similar circumstances we
depart from it." [112]
In his first chapter, he noted that "Government by superiors considers
both the soul and the body of inferiors." [113]
Moreover, he argued that, "The right of the realm is twofold. It pertains
both to the welfare of the soul and to the care of the body." [114]
Althusius definitely did not confuse the realms of church and state; but
neither did he believe that the state was only constrained by secular
concerns, repeatedly asserting that one of the legit-imate concerns of the
state was to encourage true piety. The first table of the law regulated
true piety, while the second addressed true justice: "In the former,
everything is to be referred immediately to the glory of God; in the
latter, to the utility and welfare of the people associated in one body.
These are the two foundations of every good association. Whenever a
turning away from them has begun, the happiness of a realm or universal
association is diminished." [115]
In one trenchant passage, Althusius applied the second table of the
law:
Special duties are those that bind superiors and inferiors together,
so that the symbiote truly attributes honor and eminence by word and deed
to whomever they are due, and abstains from all mean opinion of such
persons, the fifth precept of the Decalogue. General duties are those
every symbiote is oblig-ated to perform toward every other symbiote. They
consist of defending and preserving from all injury the lives of one's
neighbor and oneself, the sixth precept; of guarding by thought, word, and
deed one's own chastity and that of the fellow symbiote, and of not
stealing, injuring, or reducing them, the eighth precept; of defending and
preserving one's own reputation and that of one's neighbor, and of not
neglecting them in any manner, the ninth precept; and of avoiding a
concupiscent disposition toward those things than belong to our neighbor,
and of seeking instead satisfaction and pleasure in those things that are
ours and tend to the glory of God, the tenth precept. [116]
Although circumstances would change, the well-ordered state would seek
to cling to both the moral law, or at least avoid being "contrary to the
natural law or moral equity." [117]
Another hallmark of the mature thinking of Althusius was his doctrine
of Ephors, independent supervisors who reviewed the work of the highest
magis-trate. Ephors were to be chosen with the consent of the body politic
as trustees or guardians of the interests of the state. These public
custodians were to provide a defense against tyranny and restrain the
magistrate from his "private attachments, hatreds, deeds, negligence, or
inactivity." These Ephors provided an "abundance of counselors" to delimit
ill-governing. Ephors (or any consti-tutional custodians) served the
nation by defending "the law, or God, as lord and emperor when the king
rejects and throws off the yoke and imperium of the law and of God, and
ceasing as a minister of God, makes himself an instru-ment of the devil. .
. . These ephors . . . carry the weight and burden of the people." [118]
Rather than representing factious interest groups, or segments of the
whole, the Ephors "are elected and constituted by the consent of the
entire people." [119]
Civil rulers who are acceptable to the supermajority guide the state
better than rulers who only have the backing of a bare majority of the
people.
A custodial layer of oversight protecting the interests of the people,
ephors would continue to be necessary because, "It is the nature of
polities that they degenerate easily, nay, that they are even transformed
in nature and pass from one type to another, unless custodians are
appointed in them by whom their administrators and kings are curbed and
held within limits, and by whom petulance, license, insolence, luxury, and
pride of kings are restrained. . . . For ephors either abolish or overcome
the wicked actions or tyranny of the supreme magistrate." [120]
The duties of these Ephors are collected under five headings: (1) to
constitute the supreme magistrate; (2) to "contain him within the limits
and bounds of his office, and serve as custodians, defenders, and
vindicators of liberty and other rights that the people have not
transferred to the supreme magistrate, but reserved to itself;" (3) to
serve as trustee between administrations, or if the supreme magistrate is
incapacitated; (4) to remove a tyrannical ruler; and (5) to defend the
magistrate and his rights. [121]
One of the contributions of Reformation era thought was the value of
limited governmental power. The reformers saw all institutions under the
sovereign administration of Christ. Thus, the power of the state could
never be ultimate, nor complete. It, too, was always sub Deo.
Althusius and others spoke of the power of state as limited and qualified
by some objective standards outside itself. The state, if it failed to
heed these, forfeited its legitimacy. State legitimacy was always
contingent,contingent upon conformity to an objective, supra-national, and
unchanging standard. It was noted that rulers "do not themselves have such
great power, for no one gave them the power and jurisdiction to commit
sin. Nor did the commonwealth . . . deprive itself of the means of
self-protection, and thus expose itself to the plundering of
administrators. . . . Finally, the wickedness of adminis-trators cannot
abolish or diminish the imperium and might of God, nor release the
administrators from the same." [122]
The pinnacle of Reformation political theology affirmed that the
governor "is over and superior to the commonwealth so far as he governs by
the rule of law . . . [however,] if he governs against the rule of law, he
becomes punishable by the law, and ceases to be superior." [123]
An objec-tivism of law is maintained, such that the rulers are subservient
to several powers or realms. Far from being totalitarian powers, governors
are objec-tively subordinate to "God, the law of nature and of nations,
and the ephors." [124]
The power of a ruler is, at best, relative,relative to other absolutes.
"It is not absurd or contrary to nature that a king as the greater is
subjected" [125]
to the law, to the constitution, to his custodians, and ultimately to God.
"All power," noted Althusius," is limited by definite boundaries and laws.
No power is absolute, infinite, unbridled, arbitrary, and lawless. Every
power is bound to laws, right, and equity. Likewise, every civil power
that is constituted by legitimate means can be terminated and abolished."
[126]
"The magistrate," cautioned Althusius, "exercises not his own power,
but that of another, namely, the supreme power of the realm of which he is
the minister." [127]
Thus, is even the highest power limited. Reflecting a true grass-roots
approach, the magistrate is reminded that the people are "prior in time
and more worthy by nature than its magistrate, and has constituted him."
[128]
Accordingly, "the people can exist without a magistrate, but a magistrate
cannot exist without people . . . the people create the magistrate rather
than the contrary." [129]
The nation empowers its governors precisely by a "covenant" or by the
constitution. This covenantal instrument binds the magistrate "to the body
of the universal association to administer the realm or commonwealth
according to the laws prescribed by God, right reason, and the body of the
commonwealth." [130]
The limited power of the governor was well circumscribed by Althusius:
The supreme magistrate exercises as much authority as had been
explicitly conceded to him by the associated members or bodies of the
realm. And what has not been given to him must be considered to have been
left under the control of the people or universal association. Such is the
nature of the contractual mandate. The less the power of those who rule,
the more secure and stable the imperium remains. For power is secure that
places a control upon force, that rules willing subjects, and that is
circumscribed by laws, so that it does not become haughty and engage in
excesses to the ruin of the subject, nor degenerate into tyranny. . . .
Absolute power, or what is called the plenitude of power, cannot be given
to the supreme magistrate. [131]
Althusius proceeded to give four reasons why "plenitude of power" is
not transferable to the civil ruler: (1) for he who would employ such
plenitude of power breaks the normal restraints of human society; (2) "by
absolute power justice is destroyed;" (3) "such absolute power regards not
the utility and welfare of subjects, but private pleasure. Power, however,
is established for the utility of those who are ruled, not of those who
rule, and the utility of the people or subjects does not in the least
require unlimited power;" and (4) "absolute power is wicked and
prohibited." [132]
Althusius was clear about the utility of punishment, noting five
distinct aspects of the benefit of punishment as a form of "preserving
external public discipline." [133]
Althusius also stipulated seven legitimate causes for waging war "when all
other remedies have first been exhausted and peace or justice cannot
otherwise be obtained": (1) the recovery of goods taken by violence; (2)
defense against violence afflicted by another, or the repulsion of it; (3)
the necessity for preserving liberty, privileges, rights, peace, and
tranquility, and for defending true religion; (4) when foreign nations
forbid peaceful transit through their province without good reason; (5)
when subjects are rebellious against their own prince, and disturb the
peace; (6) contumacy by a nation or leader against the courts; and (7)
when treaties are not kept or when tyranny is practiced upon subjects. [134]
Althusius passed on this sage advice about the danger of excessive
treaties: "A commonwealth ought to be cautious in contracting and
covenanting such treaties that it not be carried along by them into unjust
or disastrous activities, nor destroyed by the downfall of a confederated
ally. Therefore, it ought to ponder the might of the confederating ally,
his faithfulness and constancy in previous transactions, the similarity of
his custom's to one's own, and the equity and honesty of the agreement
among the confederates." [135]
Finally, it should be noted that Althusius affirmed the covenantal
inter-relatedness of the rulers and the ruled. The principle of corporate
solidarity, similar to that of the OT, is seen in the following:
God is the vindicator of this covenant when it is violated by the
magistrate or by the ephors representing the people. One debtor is held
responsible for the fault of the other, and shares his sins if he does not
hold the violator of this covenant to his duty, and resist and impede him
so far as he is able . . . . For this reason the ephors are expected to
remind a deviating magistrate of his duty, and to resist him. Therefore,
if the ephors do not do this, but by remaining silent, defaulting,
dissembling, permitting, or submitting, they do not obstruct the violation
of this covenant by the supreme magistrate, they are deservedly punished
by God for this fault and surrender, as many examples indicate. [136]
Althusius paved the way for other governmental developments, as can be
observed from his teaching that sounds like a precursor to the 10th
Amendment (whatever powers are not explicitly delegated to the federal
government are reserved to the states) to the U. S. Constitution:
"Besides, whatever power the people did not have it could not transfer to
its admin-istrators. Therefore, whatever power and right the
administrators did not receive from the people, they do not have, they
cannot exercise over the people, nor ought they to be able to do so." [137]
"An administration is said to be just, legitimate, and salutary," said
Althusius, if it "seeks and obtains the prosperity and advantages of the
members of the realm, both individ-ually and collectively, and that, on
the other hand, averts all evils and disadvantages to them, defends them
against violence and injuries, and undertakes all actions of its
administration according to laws." [138]
Citing Augustine, Althusius noted, "when justice is taken away, what are
realms, other than large bands of robbers?" [139]
The Anabaptist View of the State
At the time of the Protestant Reformation, another group set forth its
distinctive view of the state. The Anabaptists, [140]
"the left wing of the Reformation," had their own distinctive view of the
relationship of Christians to the secular state. John Eidsmoe summarizes:
Many . . . of the early Anabaptists believed that the state was part
of the evil world-system from which believers were to separate themselves.
If Satan were not actually the founder of the state, he had at least taken
control of it. Consequently, believers were to separate themselves from
the state as much as possible; they were not to vote, hold public office,
serve in the armed forces, or involve themselves with government in any
other way. [141]
The Anabaptist tradition, which is the theological root of groups such
as the Mennonites and Quakers, first enunciated its views on the state in
the 1527 Schleitheim Confession. This Confession regarded the use
of the sword as "outside the perfection of Christ" and considered the use
of the "ban" (excommunication) as the only acceptable form of coercion. In
addition, this Confession denied the propriety of Christians serving as
civil magis-trates, so contrary was the secular order to the plan of God:
"The govern-ment magistracy's is according to the flesh, but the
Christians' is according to the Spirit; . . . the weapons of their
conflict and war are carnal and against the flesh only, but the
Christians' weapons are spiritual . . ." [142]
Such extreme dualism requires a separation from the world and worldly
participation in matters of government. Anabaptists also extended this to
deny the propriety of taking civil oaths. Although some recent efforts
have been made to mitigate the earlier total "withdrawal" view, still the
theological root of the Anabaptists disqualifies a full Christian
participation in the public square.
John H. Yoder has proffered modified proposals, [143]
but still limits Christ's redemption to matters of the soul, such that
"Christ's redemption does not redeem the Powers; it results in his
sovereign control of the Powers for his redemptive purposes." [144]
To be consistent, Yoder also has to resort to exegetical gymnastics in his
interpretation of Romans 13. Contrary to most interpretations, he
concludes that Christians are not bound to support the "ministers" of
state who wield the sword; rather those diaconal "ministers of God (Rom.
13:4) are Christians who obey God." [145]
Instead of intending to impact the secular public square, Yoder calls for
a strategy which relies nearly exclusively on personal redemption.
The traditional Anabaptist complex erects a wall between church and
society, and limits Christ's redemption to saved individuals. There is
little room for Christ's sovereignty over the unredeemed in practice. One
result of this view is to imply that matters of state and culture are
beyond the Christian calling. This pietism,while commendable in some of
its motive, falls short of the scriptural realization that Christ is King
over the Powers; he does express his sovereignty even over those
unredeemed and uncooper-ative agents. Similarly, this extreme separatist
view minimizes the salutary impact of Christians serving in government.
Calvin was quite critical of the Anabaptist approach, at times
referring to exponents of that view as "men furiously striv[ing] to
overturn the divinely established order" (IV, xx, 1), "certain fanatics
who delight in unbridled license" (IV, xx, 2), and "anarchists" (IV, xx,
5) who manifested "their ignorance but devilish arrogance when they claim
perfection of which not even a hundredth part is seen in them" (IV, xx,
5). He analyzed a flaw of Anabaptist thinking in the presumption that
after true conversion, somehow after Christians "are transported to God's
kingdom, and sit among heavenly beings, it is a thing unworthy of us and
set far beneath our excellence to be occupied with those vile and worldly
cares which have to do with business foreign to a Christian man" (IV, xx,
2). According to Calvin, these Anabaptists and libertines claimed that
"there ought to be such great perfection in the church of God that its
government should suffice for law. But they stupidly imagine such a
perfection as can never be found in a community of men" (IV, xx, 2).
Calvin's critique in principle is stated early in his treatment of the
state:
For certain men, when they hear that the gospel promises a freedom
that acknowledges no king and no magistrate among men, but looks to Christ
alone, think that they cannot benefit by their freedom so long as they see
any power set up over them. They therefore think that nothing will be safe
unless the whole world is reshaped to a new form, where there are neither
courts, nor laws, nor magistrates, nor anything which in their opinion
restricts their freedom. But whoever knows how to distinguish between body
and soul, between this present fleeting life and that future eternal life,
will without difficulty know that Christ's spiritual Kingdom and civil
jurisdiction are things completely distinct. Since then, it is a Jewish
vanity to seek and enclose Christ's Kingdom within the elements of this
world . . . (IV, xx, 1).
Later, the Puritans would elaborate on some of these same themes. By
the early seventeenth century, much of the Reformation Revolution had been
accomplished. Most European nations were well on their ways to recognizing
Protestant or Catholic establishments. Against this backdrop, the
Puritans, Dissenters, and Congregationalists arose opposing establishments
of religion. One may wonder if they, too, would have opposed
establishments of religion had their religion been established.
The Puritans are important for two reasons. First, they paved a
relatively uncut path by being the first organized group who denied that
their end was to have their religion become the law of the empire.
Heretofore, the religion of a nation had normally been that of the ruler
(cuius regni cuius religio). It was fairly novel then, in the
seventeenth century, to have believers separate their faith from the
state. While many champion the freedom of personal conscience, at the same
time this radical shift should be recognized. Prior to the Puritans, very
few earlier believers contended for any form of disestablishmentarianism.
Second, the Puritans loom large because they were some of the
spiritual ancestors of the New World which cultivated the strongest
democracies in history. All sides,sympathetic to Puritans or not,admit
that the Puritan faith was at the foundation of the New World Colonies.
Since this New World led to such paramount developments of government, the
underlying root is not unimportant.
Harmony of the Confessions on the Civil Magistrate
| Creed |
Latter Helvetia |
Former Helvetia |
Basle |
Bohemia |
French |
Scotland |
Belgic |
Augsburg |
Saxony |
Irish |
Ch. of Eng. |
WCF |
| Ordained of God |
30 |
26 |
7 |
16 |
37 |
24 |
36 |
- |
23 |
- |
- |
23 |
| Accountable to God |
- |
- |
- |
16 |
- |
- |
- |
- |
- |
- |
- |
23 |
| Duty |
30 |
26 |
- |
16 |
39 |
- |
- |
- |
- |
- |
- |
23 |
| Advance the Faith |
30 |
26 |
7 |
16 |
- |
24 |
36 |
- |
- |
- |
- |
23 |
| Protect Doctrines |
30 |
26 |
- |
- |
- |
24 |
36 |
- |
23 |
- |
- |
23 |
| Laws acc. to Word |
30 |
26 |
- |
- |
- |
- |
- |
- |
23 |
- |
- |
- |
| Oppose Heretics |
30 |
- |
-- |
- |
- |
- |
- |
- |
23 |
- |
- |
23 |
| Christian hold office |
30 |
- |
11 |
- |
40 |
24 |
36 |
16 |
23 |
- |
- |
23 |
| Use Sword |
30 |
26 |
7 |
16 |
39 |
- |
36 |
16 |
23 |
- |
- |
23 |
| Capital Punishment |
30 |
- |
- |
- |
- |
- |
- |
- |
- |
11 |
37 |
- |
| War |
30 |
- |
- |
- |
- |
- |
- |
16 |
23 |
11 |
37 |
23 |
| Christian Duties |
30 |
26 |
- |
16 |
39,40 |
24 |
36 |
- |
23 |
- |
- |
23 |
| Qualified submit |
- |
26 |
- |
16 |
- |
- |
- |
16 |
- |
- |
- |
- |
| Condemn Communism |
- |
- |
- |
- |
40 |
- |
36 |
16 |
23 |
- |
- |
- |
| No Foreign (papal) Authority |
- |
- |
- |
- |
- |
- |
- |
- |
- |
11 |
37 |
23 |
| Not "Marks of Church" |
- |
- |
- |
- |
- |
- |
- |
- |
- |
11 |
37 |
23 |
|