Book Fourth · Chapter 20 · Of Civil Government. · 3

10. But here a difficult, and, as it seems, a perplexing question arises. If all Christians are forbidden to kill, and the prophet predicts concerning the holy mountain of the Lord, that is, the Church, pious and yet shedders of blood? But if we understand that the magistrate, in inflicting punishment, acts not of himself, but executes the very judgments of God, we shall be disencumbered of every doubt. The law of the Lord forbids to kill; but, that murder may not go unpunished, the Lawgiver himself puts the sword into the hands of his ministers, that they may employ it against all murderers. It belongs not to the pious to afflict and hurt; but to avenge the afflictions of the pious, at the command of God, is neither to afflict nor hurt. I wish it could always be present to our mind, that nothing is done here by the rashness of man, but all in obedience to the authority of God. When it is the guide, we never stray from the right path, unless, indeed, divine justice is to be placed under restraint, and not allowed to take punishment on crimes. But if we dare not give the law to it, why should we bring a charge against its ministers? "He beareth not the sword in vain," says Paul, "for he is the minister of God, a revenger to execute wrath on him that doeth evil" (Rom. 13:4). Wherefore, if princes and other rulers know that nothing will be more acceptable to God than their obedience, let them give themselves to this service if they are desirous to improve their piety, justice, and integrity to God. This was the feeling of Moses when, recognising himself as destined to deliver his people by the power of the Lord, he laid violent hands on the Egyptian, and afterwards took vengeance on the people for sacrilege, by slaying three thousand of them in one day. This was the feeling of David also, when, towards the end of his life, he ordered his son Solomon to put Joab and Shimei to death. Hence, also, in an enumeration of the virtues of a king, one is to cut off the wicked from the earth, and banish all workers of iniquity from the city of God. To the same effect is the praise which is bestowed on Solomon, "Thou lovest righteousness, and hatest wickedness." How is it that the meek and gentle temper of Moses becomes so exasperated, that, besmeared and reeking with the blood of his brethren, he runs through the camp making new slaughter? How is it that David, who, during his whole life, showed so much mildness, almost at his last breath, leaves with his son the bloody testament, not to allow the grey hairs of Joab and Shimei to go to the grave in peace? Both, by their sternness, sanctified the hands which they would have polluted by showing mercy, inasmuch as they executed the vengeance committed to them by God. Solomon says, "It is an abomination to kings to commit wickedness; for the throne is established by righteousness." Again, "A king that sitteth in the throne of judgment, scattereth away all evil with his eyes." Again, "A wise king scattereth the wicked, and bringeth the wheel over them." Again, "Take away the dross from the silver, and there shall come forth a vessel for the finer. Take away the wicked men from before the king, and his throne shall be established in righteousness." Again, "He that justifieth the wicked, and he that condemneth the just, even they both are an abomination to the Lord." Again, "An evil man seeketh only rebellion, therefore an evil messenger shall be sent against him." Again, "He that saith unto the wicked, Thou art righteous; him shall the people curse, nations shall abhor him." Now, if it is true justice in them to pursue the guilty and impious with drawn sword, to sheath the sword, and keep their hands pure from blood, while nefarious men wade through murder and slaughter, so far from redounding to the praise of their goodness and justice, would be to incur the guilt of the greatest impiety; provided always they eschew reckless and cruel asperity, and that tribunal which may be justly termed a rock on which the accused must founder. For I am not one of those who would either favour an unseasonable severity, or think that any tribunal could be accounted just that is not presided over by mercy, that best and surest counsellor of kings, and, as Solomon declares, "upholder of the throne" (Prov. 20:28). This, as was truly said by one of old, should be the primary endowment of princes. The magistrate must guard against both extremes; he must neither, by excessive severity, rather wound than cure, nor by a superstitious affectation of clemency, fall into the most cruel inhumanity, by giving way to soft and dissolute indulgence to the destruction of many. It was well said by one under the empire of Nerva, It is indeed a bad thing to live under a prince with whom nothing is lawful, but a much worse to live under one with whom all things are lawful.

11. As it is sometimes necessary for kings and states to take up arms in order to execute public vengeance, the reason assigned furnishes us with the means of estimating how far the wars which are thus undertaken are lawful. For if power has been given them to maintain the tranquillity of their subjects, repress the seditious movements of the turbulent, assist those who are violently oppressed, and animadvert on crimes, can they use it more opportunely than in repressing the fury of him who disturbs both the ease of individuals and the common tranquillity of all; who excites seditious tumult, and perpetrates acts of violent oppression and gross wrongs? If it becomes them to be the guardians and maintainers of the laws, they must repress the attempts of all alike by whose criminal conduct the discipline of the laws is impaired. Nay, if they justly punish those robbers whose injuries have been afflicted only on a few, will they allow the whole country to be robbed and devastated with impunity? Since it makes no difference whether it is by a king or by the lowest of the people that a hostile and devastating inroad is made into a district over which they have no authority, all alike are to be regarded and punished as robbers. Natural equity and duty, therefore, demand that princes be armed not only to repress private crimes by judicial inflictions, but to defend the subjects committed to their guardianship whenever they are hostilely assailed. Such even the Holy Spirit, in many passages of Scripture, declares to be lawful.

12. But if it is objected, that in the New Testament there is no passage or example teaching that war is lawful for Christians, I answer, first, that the reason for carrying on war, which anciently existed, still exists in the present day, and that, on the other hand, there is no ground for debarring magistrates from the defence of those under them; and, secondly, that in the Apostolical writings we are not to look for a distinct exposition of those matters, their object being not to form a civil polity, but to establish the spiritual kingdom of Christ; lastly, that there also it is indicated, in passing, that our Saviour, by his advent, made no change in this respect. For (to use the words of Augustine) "if Christian discipline condemned all wars, when the soldiers ask counsel as to the way of salvation, they would have been told to cast away their arms, and withdraw altogether from military service. Whereas it was said (Luke 3:14), Concuss no one, do injury to no one, be contented with your pay. Those whom he orders to be contented with their pay he certainly does not forbid to serve" (August. Ep. 5 ad Marcell.) But all magistrates must here be particularly cautious not to give way, in the slightest degree, to their passions. Or rather, whether punishments are to be inflicted, they must not be borne headlong by anger, nor hurried away by hatred, nor burn with implacable severity; they must, as Augustine says (De Civit. Dei. Lib. 5 cap. 24), "even pity a common nature in him in whom they punish an individual fault;" or whether they have to take up arms against an enemy, that is, an armed robber, they must not readily catch at the opportunity, nay, they must not take it when offered, unless compelled by the strongest necessity. For if we are to do far more than that heathen demanded, who wished war to appear as desired peace, assuredly all other means must be tried before having recourse to arms. In fine, in both cases, they must not allow themselves to be carried away by any private feeling, but be guided solely by regard for the public. Acting otherwise, they wickedly abuse their power which was given them, not for their own advantage, but for the good and service of others. On this right of war depends the right of garrisons, leagues, and other civil munitions. By garrisons, I mean those which are stationed in states for defence of the frontiers; by leagues, the alliances which are made by neighbouring princes, on the ground that if any disturbance arise within their territories, they will mutually assist each other, and combine their forces to repel the common enemies of the human race; under civil munitions, I include everything pertaining to the military art.

13. Lastly, we think it proper to add, that taxes and imposts are the legitimate revenues of princes, which they are chiefly to employ in sustaining the public burdens of their office. These, however, they may use for the maintenance of their domestic state, which is in a manner combined with the dignity of the authority which they exercise. Thus we see that David, Hezekiah, Josiah, Jehoshaphat, and other holy kings, Joseph also, and Daniel, in proportion to the office which they sustained, without offending piety, expended liberally of the public funds; and we read in Ezekiel, that a very large extent of territory was assigned to kings (Ezek. 48:21). In that passage, indeed, he is depicting the spiritual kingdom of Christ, but still he borrows his representation from lawful dominion among men. Princes, however, must remember, in their turn, that their revenues are not so much private chests as treasuries of the whole people (this Paul testifies, Rom. 13:6), which they cannot, without manifest injustice, squander or dilapidate; or rather, that they are almost the blood of the people, which it were the harshest inhumanity not to spare. They should also consider that their levies and contributions, and other kinds of taxes, are merely subsidies of the public necessity, and that it is tyrannical rapacity to harass the poor people with them without cause. These things do not stimulate princes to profusion and luxurious expenditure (there is certainly no need to inflame the passions, when they are already, of their own accord, inflamed more than enough), but seeing it is of the greatest consequence that, whatever they venture to do, they should do with a pure conscience, it is necessary to teach them how far they can lawfully go, lest, by impious confidence, they incur the divine displeasure. Nor is this doctrine superfluous to private individuals, that they may not rashly and petulantly stigmatise the expenditure of princes, though it should exceed the ordinary limits.

14. In states, the thing next in importance to the magistrates is laws, the strongest sinews of government, or, as Cicero calls them after Plato, the soul, without which, the office of the magistrate cannot exist; just as, on the other hand, laws have no vigour without the magistrate. Hence nothing could be said more truly than that the law is a dumb magistrate, the magistrate a living law. As I have undertaken to describe the laws by which Christian polity is to be governed, there is no reason to expect from me a long discussion on the best kind of laws. The subject is of vast extent, and belongs not to this place. I will only briefly observe, in passing, what the laws are which may be piously used with reference to God, and duly administered among men. This I would rather have passed in silence, were I not aware that many dangerous errors are here committed. For there are some who deny that any commonwealth is rightly framed which neglects the law of Moses, and is ruled by the common law of nations. How perilous and seditious these views are, let others see: for me it is enough to demonstrate that they are stupid and false. We must attend to the well known division which distributes the whole law of God, as promulgated by Moses, into the moral, the ceremonial, and the judicial law, and we must attend to each of these parts, in order to understand how far they do, or do not, pertain to us. Meanwhile, let no one be moved by the thought that the judicial and ceremonial laws relate to morals. For the ancients who adopted this division, though they were not unaware that the two latter classes had to do with morals, did not give them the name of moral, because they might be changed and abrogated without affecting morals. They give this name specially to the first class, without which, true holiness of life and an immutable rule of conduct cannot exist.