Book Fourth · Chapter 20 · Of Civil Government. · 4

15. The moral law, then (to begin with it), being contained under two heads, the one of which simply enjoins us to worship God with pure faith and piety, the other to embrace men with sincere affection, is the true and eternal rule of righteousness prescribed to the men of all nations and of all times, who would frame their life agreeably to the will of God. For his eternal and immutable will is, that we are all to worship him and mutually love one another. The ceremonial law of the Jews was a tutelage by which the Lord was pleased to exercise, as it were, the childhood of that people, until the fulness of the time should come when he was fully to manifest his wisdom to the world, and exhibit the reality of those things which were then adumbrated by figures (Gal. 3:24; 4:4). The judicial law, given them as a kind of polity, delivered certain forms of equity and justice, by which they might live together innocently and quietly. And as that exercise in ceremonies properly pertained to the doctrine of piety, inasmuch as it kept the Jewish Church in the worship and religion of God, yet was still distinguishable from piety itself, so the judicial form, though it looked only to the best method of preserving that charity which is enjoined by the eternal law of God, was still something distinct from the precept of love itself. Therefore, as ceremonies might be abrogated without at all interfering with piety, so, also, when these judicial arrangements are removed, the duties and precepts of charity can still remain perpetual. But if it is true that each nation has been left at liberty to enact the laws which it judges to be beneficial, still these are always to be tested by the rule of charity, so that while they vary in form, they must proceed on the same principle. Those barbarous and savage laws, for instance, which conferred honour on thieves, allowed the promiscuous intercourse of the sexes, and other things even fouler and more absurd, I do not think entitled to be considered as laws, since they are not only altogether abhorrent to justice, but to humanity and civilised life.

16. What I have said will become plain if we attend, as we ought, to two things connected with all laws--viz. the enactment of the law, and the equity on which the enactment is founded and rests. Equity, as it is natural, cannot be the same in all, and therefore ought to be proposed by all laws, according to the nature of the thing enacted. As constitutions have some circumstances on which they partly depend, there is nothing to prevent their diversity, provided they all alike aim at equity as their end. Now, as it is evident that the law of God which we call moral, is nothing else than the testimony of natural law, and of that conscience which God has engraven on the minds of men, the whole of this equity of which we now speak is prescribed in it. Hence it alone ought to be the aim, the rule, and the end of all laws. Wherever laws are formed after this rule, directed to this aim, and restricted to this end, there is no reason why they should be disapproved by us, however much they may differ from the Jewish law, or from each other (August. de Civit. Dei, Lib. 19 c. 17). The law of God forbids to steal. The punishment appointed for theft in the civil polity of the Jews may be seen in Exodus 22. Very ancient laws of other nations punished theft by exacting the double of what was stolen, while subsequent laws made a distinction between theft manifest and not manifest. Other laws went the length of punishing with exile, or with branding, while others made the punishment capital. Among the Jews, the punishment of the false witness was to "do unto him as he had thought to have done with his brother" (Deut. 19:19). In some countries, the punishment is infamy, in others hanging, in others crucifixion. All laws alike avenge murder with blood, but the kinds of death are different. In some countries, adultery was punished more severely, in others more leniently. Yet we see that amidst this diversity they all tend to the same end. For they all with one mouth declare against those crimes which are condemned by the eternal law of God--viz. murder, theft, adultery, and false witness; though they agree not as to the mode of punishment. This is not necessary, nor even expedient. There may be a country which, if murder were not visited with fearful punishments, would instantly become a prey to robbery and slaughter. There may be an age requiring that the severity of punishments should be increased. If the state is in troubled condition, those things from which disturbances usually arise must be corrected by new edicts. In time of war, civilisation would disappear amid the noise of arms, were not men overawed by an unwonted severity of punishment. In sterility, in pestilence, were not stricter discipline employed, all things would grow worse. One nation might be more prone to a particular vice, were it not most severely repressed. How malignant were it, and invidious of the public good, to be offended at this diversity, which is admirably adapted to retain the observance of the divine law. The allegation, that insult is offered to the law of God enacted by Moses, where it is abrogated, and other new laws are preferred to it, is most absurd. Others are not preferred when they are more approved, not absolutely, but from regard to time and place, and the condition of the people, or when those things are abrogated which were never enacted for us. The Lord did not deliver it by the hand of Moses to be promulgated in all countries, and to be everywhere enforced; but having taken the Jewish nation under his special care, patronage, and guardianship, he was pleased to be specially its legislator, and as became a wise legislator, he had special regard to it in enacting laws.

17. It now remains to see, as was proposed in the last place, what use the common society of Christians derive from laws, judicial proceedings, and magistrates. With this is connected another question --viz. What difference ought private individuals to pay to magistrates, and how far ought obedience to proceed? To very many it seems that among Christians the office of magistrate is superfluous, because they cannot piously implore his aid, inasmuch as they are forbidden to take revenge, cite before a judge, or go to law. But when Paul, on the contrary, clearly declares that he is the minister of God to us for good (Rom. 13:4), we thereby understand that he was so ordained of God, that, being defended by his hand and aid against the dishonesty and injustice of wicked men, we may live quiet and secure. But if he would have been appointed over us in vain, unless we were to use his aid, it is plain that it cannot be wrong to appeal to it and implore it. Here, indeed, I have to do with two classes of men. For there are very many who boil with such a rage for litigation, that they never can be quiet with themselves unless they are fighting with others. Law-suits they prosecute with the bitterness of deadly hatred, and with an insane eagerness to hurt and revenge, and they persist in them with implacable obstinacy, even to the ruin of their adversary. Meanwhile, that they may be thought to do nothing but what is legal, they use this pretext of judicial proceedings as a defence of their perverse conduct. But if it is lawful for brother to litigate with brother, it does not follow that it is lawful to hate him, and obstinately pursue him with a furious desire to do him harm.

18. Let such persons then understand that judicial proceedings are lawful to him who makes a right use of them; and the right use, both for the pursuer and for the defender, is for the latter to sist himself on the day appointed, and, without bitterness, urge what he can in his defence, but only with the desire of justly maintaining his right; and for the pursuer, when undeservedly attacked in his life or fortunes, to throw himself upon the protection of the magistrate, state his complaint, and demand what is just and good; while, far from any wish to hurt or take vengeance--far from bitterness or hatred --far from the ardour of strife, he is rather disposed to yield and suffer somewhat than to cherish hostile feelings towards his opponent. On the contrary, when minds are filled with malevolence, corrupted by envy, burning with anger, breathing revenge, or, in fine, so inflamed by the heat of the contest, that they, in some measure, lay aside charity, the whole pleading, even of the justest cause, cannot but be impious. For it ought to be an axiom among all Christians, that no plea, however equitable, can be rightly conducted by any one who does not feel as kindly towards his opponent as if the matter in dispute were amicably transacted and arranged. Some one, perhaps, may here break in and say, that such moderation in judicial proceedings is so far from being seen, that an instance of it would be a kind of prodigy. I confess that in these times it is rare to meet with an example of an honest litigant; but the thing itself, untainted by the accession of evil, ceases not to be good and pure. When we hear that the assistance of the magistrate is a sacred gift from God, we ought the more carefully to beware of polluting it by our fault.

19. Let those who distinctly condemn all judicial distinction know, that they repudiate the holy ordinance of God, and one of those gifts which to the pure are pure, unless, indeed, they would charge Paul with a crime, because he repelled the calumnies of his accusers, exposing their craft and wickedness, and, at the tribunal, claimed for himself the privilege of a Roman citizen, appealing, when necessary, from the governor to Cæsar's judgment-seat. There is nothing contrary to this in the prohibition, which binds all Christians to refrain from revenge, a feeling which we drive far away from all Christian tribunals. For whether the action be of a civil nature, he only takes the right course who, with innocuous simplicity, commits his cause to the judge as the public protector, without any thought of returning evil for evil (which is the feeling of revenge); or whether the action is of a graver nature, directed against a capital offence, the accuser required is not one who comes into court, carried away by some feeling of revenge or resentment from some private injury, but one whose only object is to prevent the attempts of some bad men to injure the commonweal. But if you take away the vindictive mind, you offend in no respect against that command which forbids Christians to indulge revenge. But they are not only forbidden to thirst for revenge, they are also enjoined to wait for the hand of the Lord, who promises that he will be the avenger of the oppressed and afflicted. But those who call upon the magistrate to give assistance to themselves or others, anticipate the vengeance of the heavenly Judge. By no means, for we are to consider that the vengeance of the magistrate is the vengeance not of man, but of God, which, as Paul says, he exercises by the ministry of man for our good (Rom. 13:8).

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