John Calvin, Institutes of the Christian Religion, IV, xx, 14-21

 

(Public law and judicial procedures, as related to Christian duty, 14-21)

14. Old Testament law and the laws of nations

 

Next to the magistracy in the civil state come the laws, stoutest sinews^[34] of the commonwealth, or, as Cicero, after Plato, calls them, the souls, without which the magistracy cannot stand, even as they themselves have no force apart from the magistracy. Accordingly, nothing truer could be said than that the law is a silent magistrate; the magistrate, a living law.^[35]

 

But because I have undertaken to say with what laws a Christian state ought to be governed, this is no reason why anyone should expect a long discourse concerning the best kind of laws. This would be endless and would not pertain to the present purpose and place. I shall in but a few words, and as in passing, note what laws can piously be used before God, and be rightly administered among men.

 

I would have preferred to pass over this matter in utter silence if I were not aware that here many dangerously go astray. For there are some who deny that a commonwealth is duly framed which neglects the political system of Moses, and is ruled by the common laws of nations.^[36] Let other men consider how perilous and seditious this notion is; it will be enough for me to have proved it false and foolish.

 

We must bear in mind that common division of the whole law of God published by Moses into moral, ceremonial, and judicial laws.^[37] And we must consider each of these parts, that we may understand what there is in them that pertains to us, and what does not. In the meantime, let no one be concerned over the small point that ceremonial and judicial laws pertain also to morals, For the ancient writers who taught this division, although they were not ignorant that these two latter parts had some bearing upon morals, still, because these could be changed or abrogated while morals remained untouched, did not call them moral laws. They applied this name only to the first part, without which the true holiness of morals cannot stand, nor an unchangeable rule of right living.

 

15. Moral, ceremonial, and judicial law distinguished

 

The moral law (to begin first with it) is contained under two heads, one of which simply commands us to worship God with pure faith and piety; the other, to embrace men with sincere affection. Accordingly, it is the true and eternal rule of righteousness, prescribed for men of all nations and times, who wish to conform their lives to God's will. For it is his eternal and unchangeable will that he himself indeed be worshiped by us all, and that we love one another.

The ceremonial law was the tutelage of the Jews, with which it seemed good to the Lord to train this people, as it were, in their childhood, until the fullness of time should come [Galatians 4:3-4; cf. ch. 3:23-24], in order that he might fully manifest his wisdom to the nations, and show the truth of those things which then were foreshadowed in figures.

 

The judicial law, given to them for civil government, imparted certain formulas of equity and justice, by which they might live together blamelessly and peaceably.

 

Those ceremonial practices indeed properly belonged to the doctrine of piety, inasmuch as they kept the church of the Jews in service and reverence to God, and yet could be distinguished from piety itself. In like manner, the form of their judicial laws, although it had no other intent than how best to preserve that very love which is enjoined by God's eternal law, had something distinct from that precept of love. Therefore, as ceremonial laws could be 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.

 

But if this is true, surely every nation is left free to make such laws as it foresees to be profitable for itself. Yet these must be in conformity to that perpetual rule of love, so that they indeed vary in form but have the same purpose. For I do not think that those barbarous and savage laws such as gave honor to thieves, permitted promiscuous intercourse, and others both more filthy and more absurd, are to be regarded as laws. For they are abhorrent not only to all justice, but also to all humanity and gentleness.

 

16. Unity and diversity of laws

 

What I have said will become plain if in all laws we examine, as we should, these two things: the constitution of the law, and the equity on which its constitution is itself founded and rests. Equity, because it is natural, cannot but be the same for all, and therefore, this same purpose ought to apply to all laws, whatever their object. Constitutions have certain circumstances upon which they in part depend. It therefore does not matter that they are different, provided all equally press toward the same goal of equity.

 

It is a fact that the law of God which we call the moral law is nothing else than a testimony of natural law and of that conscience which God has engraved upon the minds of men.^[38] 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.

 

God's law forbids stealing. The penalties meted out to thieves in the Jewish State are to be seen in Exodus [Exodus 22:1-4]. The very ancient laws of other nations punished theft with double restitution; the laws which followed these distinguished between theft, manifest and not manifest. Some proceeded to banishment, others to flogging, others finally to capital punishment. False testimony was punished by damages similar and equal to injury among the Jews [Deuteronomy 19:18-21];   elsewhere, only by deep disgrace; in some nations, by hanging; in others, by the cross. All codes equally avenge murder with blood, but with different kinds of death. Against adulterers some nations levy severer, others, lighter punishments. Yet we see how, with such diversity, all laws tend to the same end. For, together with one voice, they pronounce punishment against those crimes which God's eternal law has condemned, namely, murder, theft, adultery, and false witness. But they do not agree on the manner of punishment. Nor is this either necessary or expedient. There are countries which, unless they deal cruelly with murderers by way of horrible examples, must immediately perish from slaughters and robberies. There are ages that demand increasingly harsh penalties. If any disturbance occurs in a commonwealth, the evils that usually arise from it must be corrected by new ordinances. In time of war, in the clatter of arms, all humaneness would disappear unless some uncommon fear of punishment were introduced. In drought, in pestilence, unless greater severity is used, everything will go to ruin. There are nations inclined to a particular vice, unless it be most sharply repressed. How malicious and hateful toward public welfare would a man be who is offended by such diversity, which is perfectly adapted to maintain the observance of God's law?

 

For the statement of some, that the law of God given through Moses is dishonored when it is abrogated and new laws preferred to it, is utterly vain.^[39] For others are not preferred to it when they are more approved, not by a simple comparison, but with regard to the condition of times, place, and nation; or when that law is abrogated which was never enacted for us. 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; but when he had taken the Jewish nation into his safekeeping, defense, and protection, he also willed to be a lawgiver especially to it; and -- as became a wise lawgiver -- he had special concern for it in making its laws.

 

17. Christians may use the law courts, but without hatred and revenge

It now remains for us to examine what we had set in the last place: what usefulness the laws, judgments, and magistrates^[40] have for the common society of Christians. To this is also joined another question: how much   deference private individuals ought to yield to their magistrates, and how far their obedience ought to go. To very many the office of magistrate seems superfluous among Christians, because they cannot piously call upon them for help, inasmuch as it is forbidden to them to take revenge, to sue before a court, or to go to law.^[41] But Paul clearly testifies to the contrary that the magistrate is minister of God for our good [Romans 13:4]. By this we understand that he has been so ordained of God, that, defended by his hand and support against the wrongdoing and injustices of evil men, we may live a quiet and serene life [1 Timothy 2:2]. But if it is to no purpose that he has been given by the Lord for our defense unless we are allowed to enjoy such benefit, it is clear enough that the magistrate may without impiety be called upon and also appealed to.

 

But here I have to deal with two kinds of men. There are very many who so boil with a rage for litigation that they are never at peace with themselves unless they are quarreling with others. And they carry on their lawsuits with bitter and deadly hatred, and an insane passion to revenge and hurt, and they pursue them with implacable obstinacy even to the ruin of their adversaries. Meanwhile, to avoid being thought of as doing something wrong, they defend such perversity on the pretense of legal procedure. But if one is permitted to go to law with a brother, one is not therewith allowed to hate him, or be seized with a mad desire to harm him, or hound him relentlessly.

 

18. The Christian's motives in litigation

 

Such men should therefore understand that lawsuits are permissible if rightly used. There is right use, both for the plaintiff in suing and for the accused in defending himself, if the defendant presents himself on the appointed day and with such exception, as he can, defends himself without bitterness, but only with this intent, to defend what is his by right, and if on the other hand, the plaintiff, undeservedly oppressed either in his person or in his property, puts himself in the care of the magistrate, makes his complaint, and seeks what is fair and good. But he should be far from all passion to harm or take revenge, far from harshness and hatred, far from burning desire for contention. He should rather be prepared to yield his own and suffer anything than be carried away with enmity toward his adversary. On the other hand, where hearts are filled with malice, corrupted by envy, inflamed with wrath, breathing revenge, finally so inflamed with desire for contention, that love is somewhat impaired in them, the whole court action of even the most just cause cannot but be impious. For this must be a set principle for all Christians: that a lawsuit, however just, can never be rightly prosecuted by any man, unless he treat his adversary with the same love and good will as if the business under controversy were already amicably settled and composed. Perhaps someone will interpose here that such moderation is so uniformly absent from any lawsuit that it would be a miracle if any such were found. Indeed, I admit that, as the customs of these times go, an example of an upright litigant is rare; but the thing itself, when not corrupted by the addition of anything evil, does not cease to be good and pure. But when we hear that the help of the magistrate is a holy gift of God, we must more diligently guard against its becoming polluted by our fault.

 

19. Against the rejection of the judicial process

 

As for those who strictly condemn all legal contentions, let them realize that they therewith repudiate God's holy ordinance, and one of the class of gifts that can be clean to the clean [Titus 1:15], unless, perchance, they wish to accuse Paul of a shameful act, since he both repelled the slanders of his accusers, exposing at the same time their craft and malice [Acts 24:12 ff.], and in court claimed for himself the privilege of Roman citizenship [Acts 16:37; 22:1, 25], and, when there was need, appealed from the unjust judge to the judgment seat of Caesar [Acts 25:10-11].

 

This does not contradict the fact that all Christians are forbidden to desire revenge, which we banish far away from Christian courts [Leviticus 19:18; Matthew 5:39; Deuteronomy 32:35; Romans 12:19]. For if it is a civil case, a man does not take the right path unless he commits his cause, with innocent simplicity, to the judge as public protector; and he should think not at all of returning evil for evil [Romans 12: 17], which is the passion for revenge. If, however, the action is brought for some capital or serious offense, we require that the accuser be one who comes into court without a burning desire for revenge or resentment over private injury, but having in mind only to prevent the efforts of a destructive man from doing harm to society. For if you remove a vengeful mind, that command which forbids revenge to Christians is not broken.

 

But, some will object, not only are they forbidden to desire revenge, but they are also bidden to wait upon the hand of the Lord, who promises that he will be present to avenge the oppressed and afflicted [Romans 12:19]; while those who seek aid from the magistrate, either for themselves or for others, anticipate all the vengeance of the Heavenly Protector. Not at all! For we must consider that the magistrate's revenge is not man's but God's, which he extends and exercises, as Paul says [Romans 13:4], through the ministry of man for our good.

 

20. The Christian endures insults, but with amity and equity defends the public interest

 

We are not in any more disagreement with Christ's words in which he forbids us to resist evil, and commands us to turn the right cheek to him who has struck the left, and to give our cloak to him who has taken away our coat [Matthew 5:39-40].^[42] He indeed wills that the hearts of his people so utterly recoil from any desire to retaliate that they should rather allow double injury to be done them than desire to pay it back. And we are not leading them away from this forbearance. For truly, Christians ought to be a kind of men born to bear slanders and injuries, open to the malice, deceits, and mockeries of wicked men. And not that only, but they ought to bear patiently all these evils. That is, they should have such complete spiritual composure that, having received one offense, they make ready for another, promising themselves throughout life nothing but the bearing of a perpetual cross. Meanwhile, let them also do good to those who do them harm, and bless those who curse them [Luke 6:28; cf. Matthew 5:44], and (this is their only victory) strive to conquer evil with good [Romans 12:21]. So minded, they will not seek an eye for an eye, a tooth for a tooth, as the Pharisees taught their disciples to desire revenge, but, as we are instructed by Christ, they will so suffer their body to be maimed, and their possessions to be maliciously seized, that they will forgive and voluntarily pardon those wrongs as soon as they have been inflicted upon them [Matthew 5:38 ff.].

 

Yet this equity and moderateness of their minds will not prevent them from using the help of the magistrate in preserving their own possessions, while maintaining friendliness toward their enemies; or zealous for public welfare, from demanding the punishment of a guilty and pestilent man, who, they know, can be changed only by death. For Augustine truly interprets the purpose of all these precepts. The righteous and godly man should be ready patiently to bear the malice of those whom he desires to become good, in order to increase the number of good men-not to add himself to the number of the bad by a malice like theirs. Secondly, these precepts pertain more to the preparation of the heart which is within than to the work which is done in the open, in order that patience of mind and good will be kept in secret, but that we may openly do what we see may benefit those whom we ought to wish well.^[43]

 

21. Paul condemns a litigious spirit, but not all litigation

 

But the usual objection -- that Paul has condemned lawsuits altogether -- is also false [1 Corinthians 6:5-8]. It can easily be understood from his words that there was an immoderate rage for litigation in the church of the Corinthians -- even to the point that they exposed to the scoffing and evil speaking of the impious the gospel of Christ and the whole religion they professed. Paul first criticized them for disgracing the gospel among believers by the in-temperateness of their quarrels. Secondly, he rebuked them also for contending in this way among themselves, brethren with brethren. For they were so far from bearing wrongs that they greedily panted after one another's possessions, and without cause assailed and inflicted loss upon one another. Therefore, Paul inveighs against that mad lust to go to law, not simply against all controversies.

 

But he brands it a fault or weakness for them not to accept the loss of their goods, rather than to endeavor to keep them, even to the point of strife. That is, when they were so easily aroused by every loss, and dashed to the court and to lawsuits over the least causes, he speaks of this as proof that their minds are too prone to anger, and not enough disposed to patience. Christians ought indeed so to conduct themselves that they always prefer to yield their own right rather than go into a court, from which they can scarcely get away without a heart stirred and kindled to hatred of their brother. But when any man sees that without loss of love he can defend his own property, the loss of which would be a heavy expense to him, he does not offend against this statement of Paul, if he has recourse to law. To sum up (as we said at the beginning^[44]), love will give every man the best counsel. Everything undertaken apart from love and all disputes that go beyond it, we regard as incontrovertibly unjust and impious.

 

John Calvin, Institutes of the Christian Religion (Philadelphia, 1960), IV,  pp. 1502-1509

 

Calvin, John. Institutes of the Christian Religion, ed. John T. McNeill, trans. Ford Lewis Battles, The Library of Christian Classics, XX‑XXI. Philadelphia: Westminster Press, 1960.