Calvin's Defense of Politics


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

  1. How far litigation lawful.

18. The Christian's motives in litigation

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 and hatred - far from the Armour 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.

 

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