Calvin's Defense of Politics


Institutes of the Christian Religion
Book IV, Chap. XX
OF CIVIL GOVERNMENT

  1. Of the People, and of the use of laws as respects individuals.

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

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 deference 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.

 

continued