18. CHAP. XVI. Whether it be lawful for a Christian man to go to law.
CHAP. XVI. Whether it be lawful for a Christian man to go to law.
H ere now the place putteth us in remembrance to see whether it be licensed unto a Christian man to try matters by law. In which we will accomplish three things: First, we will prove by firm and strong Arguments that it is lawful. Secondly shall be set forth the form and way wherein this ought to be. And finally whereas there be certain places in the holy
Scriptures, which seem to teach the contrary, and that certain reasons are wont to be brought which are thought to be a let, we will interpret the words of the holy Scripture, and will confute the reasons objected. As touching the first, the sentence of Paul which we have in the 1st Epistle to the Corinthians the 6th chapter plainly persuadeth, that to go to law is not forbidden: he reproveth those only, because they went unto Infidels. Further because they were overcome with perturbations of the mind, in that they could not bear injuries: finally because themselves did injury. Remove thou those faults that are reproved, and what will remain, but that causes may be heard between faithful men in the Church, and that wise judges may be appointed, to discern and pronounce justly of causes? In the Acts of the
Apostles Paul appealed unto Caesar for defense of his own life, he would not be judged by the lieutenant of Jury, because he saw that his Tribunal seat was already corrupted by the head Bishops and Priests. He chose
Caesar to be his judge, with whom his cause might be understood.
Wherefore before the Apostle were laid two unjust tribunal seats, and both of Infidels. That he chose unto himself, which seemed to have least discommodity. Every godly man (so much as is possible) must escape the judgments of the faithless and ungodly: even as we at this day, will not be judged by the Pope, who holdeth all for excommunicate, even so many as will not be subject to his Tyranny. And the very same Apostle (as we read in the same Book of Acts) sent a young man his sisters son unto the Tribune, who should declare the conspiracy which the Jews made against him: and so was he saved and sent again by night unto Cesarea. Whereby it appeareth, that it is not forbidden to implore the help of public power.
2. Furthermore God did not institute anything which is against Charity.
But judgment and Magistrates without all doubt are brought in by God, so as they are not repugnant unto charity. We read in Genesis the 9th, in Exodus the 18th and in Deuteronomy the first, that a Magistrate and judgments are instituted by God. The Anabaptists cry that in Christianism, there is required a far greater perfection than in the old law, and therefore that arguments must not be sought from thence. These mad men under a color of perfection endeavor to confound the world by a confused order of things. If we should want Magistrates, would not murders, robberies, and other mischiefs everywhere abound? There is no hope that any man might let offenses to happen. For (as Christ said) they must of necessity happen.
What do these men mean? Will they have them punished or not punished?
If they will say, unpunished, what end or measure will there then be of
calamities? But if they will have them to be punished, by whom at the length, shall punishments be executed? Doubtless Magistrates being taken away, if every man punish and revenge at his own pleasure, all things will be filled with a confused order, and while they fain to follow perfection, they will bring us into an utter confusion of things. Besides this in the 18th chapter of the Book of Exodus, and in the first Chapter of Deuteronomy,
God provided with all diligence, that the qualities and virtues of them which should be appointed Judges might be expressed, to the intent we may plainly perceive, that he had a singular care of judgments. In Isaiah it is said: Seek ye judgment, help the fatherless, judge the widow: and the like places we meet withal everywhere in the Prophets. And in the Psalms it is showed that God hath so great a care of judgments, as he himself will sit with the Judges. Wherefore it is said, God stood in the Synagogue, or in the company of Judges: he is Judge in the midst of them. And in Paralipomenon the Judges are admonished that it is not the business of men which they execute, but the business of God: The very which thing is written in the first
Chapter of Deuteronomy.
3. But least these men should think that a Magistrate and Judgments are assured only by the old law, we hear that they be established in the Epistle to the Romans the 13th chapter, and also by Peter in his Epistle. And that it is lawful for godly men to bear office, the examples of Joseph, David,
Hezekiah, Josiah, Daniel and his fellows do plainly declare. And in the New Testament Paul in the 16th chapter to the Romans writeth: Erastus the Chamberlain of the City saluteth you. And in the Acts of the Apostles, when
Sergius Paulus the Proconsul was converted unto Christ, he renounced not his office. And that it belongeth to a Magistrate, to judge causes, and take away contentions, by punishing and rewarding, it is perceived by the
definition thereof. For it is a power instituted by God unto the safety of good men, and reprehension of evil men, by laying of punishments upon the one sort and giving rewards unto the other. Yea and it is a most firm reason
[to say:] There be laws, therefore there be Judges. And if there be judges, there shall also be actions or pleadings of causes. And we read that the Israelites, even at the very beginning had controversies, which they brought unto Moses. Whereupon Judges were appointed when as Moses alone was not able to sustain so great a labor. And at the last was the law given upon Mount Syna, as we have it in the 20th Chapter of Exodus. Neither could the law in a manner bring any utility, except that Judges had been appointed, which should execute the same. Aristotle in his Politics, called Judges a lively law. Seeing therefore Judges (as it hath been said) be the work of God, and by him are instituted, it is the part of godly men to set them forward. And it cometh oftentimes to pass, that thou art not able to help the poor, the fatherless, the widow and stranger, and finally them which are committed to thy trust, and to deliver them from their oppressors, unless thou shalt implore the aide of public judgments: and to forsake them thou mayest not with a safe conscience. As touching the poor and oppressed, the law admonisheth everywhere: and how those which belong unto us must be holpen, Paul unto Timothy wrote in these words: He that hath not a care of his own, and especially of his family, hath renounced his faith, and is worse than an Infidel. Elisaeus the Prophet offered himself of his own accord to entreat with the Magistrate for the widow his hostess. And that we must not straight way depart from our possessions and fathers inheritance, the example of Naboth the Jezraelite doeth testify, who would not deliver his vineyard unto a Tyrant: and this he did not through a desire that he had of earthly things, but that he might obey the law of God, who after a just
manner divided the lands amongst the Tribes and families: as it is contained in the Book of Joshua, and forbad by the laws, that they should not be transferred from one family unto another.
4. Moreover if our neighbor can be brought by the authority of the Judge, from detaining of other men's goods, it shall not be ungodly to law against him, that he may at the leastwise be pulled from sin. And Augustine in his
Book De Sermon Domini in monte saith, that a servant being conveyed away from a godly Master, if it be known that he will be marred under the government of him that enticed him, and that he may be revoked from thence and recovered by judgment, he must not be forsaken. It also happeneth oftentimes that the Pastors of Churches are hindered by the wicked from preaching, or from feeding the sheep of Christ, and may be holpen by the public power to execute their office freely: then must they not delay to attempt by judgment. For they then implore the help of God, when they go unto the power appointed by him, and unless they should this do, they might seem to tempt God. Sometimes also there may happen a doubtful case, and that between the godly, for the just possession of something: whereas either of them would yield to other, and neither of them will have himself to be trusted, because he feareth least he do challenge that which is another man's: and therefore with one consent they covet to have that which is doubtful, to be determined by judgment, whereby they may with a more safe conscience possess that which they have. And they which endeavor wholly to take away judgments, do give an occasion unto Julian,
Porphirius and Proclus, who slandered Christianity that it was an adversary unto lawful commonwealths.
5. Now seeing it is proved, that it is lawful sometime for godly men to go to law, let us see as touching the other point, with what cautions this must
be done. First of all must be provided, that we mistrust not God, and that we put not confidence in Princes and Judges. Such men doeth the holy scripture plainly detest, which pronounceth that we ought not to put our trust in Princes, neither to put flesh for our Arm. Besides this let Charity be kept inviolate, so as we account not for an enemy that adversary, against whom we have commenced action. Moreover the powers of our mind must be examined, and we must take heed, that we be not led unto this by disturbations of the mind or corrupt affections. For it is better to lose the thing than to make a wrack of the spirit of lenity and Christian gentleness.
Neither yet ought we for this cause to go unto the tribunal seats, that we may either increase our patrimony or revenue: but the glory of God and safety of our neighbor must chiefly be respected. Also it is profitable, that he which is to deal against any man in judgment, do consider the imbecility of man, and weigh how weak he himself also is. For by that means (as Augustine wrote unto Macedonius) the vehemency of accusing is asswaged.
This did Christ commend when he answered the accusers of the adulterous woman: He amongst you that is without sin, let him cast the first stone at her. And as judgments are at this day, we are to take heed, least with the endeavor of contention, we cast not both ourselves and our adversaries into grievous and unprofitable expenses. For judgments are everywhere long deferred, sometimes by the treachery and covetousness of Judges, to the intent that they which be adversaries at law may be polled. But yet the delay of judgments cannot all wholly be condemned. For oftentimes in the giving of sentence there must be provision made against the manifold and subtle malice of men: for the discovery whereof nothing is more worth than delay.
For in process of time many things are opened, which by crafts and subtlety were hidden.
6. But it should seem that all means must be assayed before we come to suit of law: even in like manner as before war is moved, all remedies should be sought. And this would be very decent for Christians that controversies should be taken up by arbitrators and common friends. Which also should not be wholly left unto Magistrates, for they should be eased of very great and grievous trouble. Seeing they are constrained oftentimes to sit all the day long to hear causes, and the time which should be employed about council matters for the Commonwealth, least it should take any harm, they are constrained to spend upon adversaries at law. In old time among the Romans, the degree of gentlemen called Equites, did execute judgment, afterward judgments did fall to the Senators, but yet not so as the whole
Senate did judge: for there were some certain Senators chosen to this purpose. And this most of all is to be regarded, that in contending at law, we seek not those things which be ours, but which are Jesus Christ's: which being hard to do, there is nothing more fit to find out the deceits and pretenses of our own thoughts than to examine ourselves. And seeing a man may see many causes, for which it shall be lawful for a Christian man to contend at law: let him seek, wherefore he very oftentimes omitting those honester sort of causes, had rather now make suit in law for riches and substance taken from him. And let him say with himself: Many a time hast thou forsaken the poor oppressed, thou hast not cared for the fatherless children being spoiled, thou hast not defended widows being robbed: yea and thou hast neglected godliness, seeing thou hast seen the same contaminated with blasphemies and heresies: And this that thou shouldest not do, is by express words forbidden in Deuteronomy: Why doest thou now straightway make suit by law for thy field wrongfully possessed by any man? Doubtless these things declare that thou art rather moved through
covetousness than for justice sake. It is now a common custom, that although we look upon the wicked which deface the Commonwealth, and which pollute and destroy Cities everywhere, yet in this point we are more dumb, than fishes. But if a little of our own money and substance be sought for, we straightway fly unto patrons and advocates, and unto places of judgment. Seeing then these be certain tokens that thou art careful for thine own things, and not for that which belongeth unto God, or to thy neighbor, therefore he that shall perceive these things in himself, it is no sure way for him to go rashly to the law. In the meantime all this might be showed to the adversary, that he should desist from suit of law, least he break charity, least he more seek his own, than those things that belong to God and to his neighbor, least both parts be pressed with too much charges. For perhaps by the calling of these things to remembrance, his malice shall be asswaged.
This also must be taken heed of, that thou go not to law under every Judge.
Seeing thou oughtest not to commit thy cause unto him, whom thou shalt perceive to be altogether unjust, corrupt, or a contemner of Religion, unless thou be compelled thereto. If Paul appealed to Nero, he did it after a sort against his will. He might not escape the judgment seats of wicked men, he chose that for himself, which seemed more fit for his vocation.
7. But now in the third place must be brought the sentences of the scriptures, by which it seemeth that a godly man is altogether forbidden to contend in judgment. In Matthew the 5th chapter it is written: If a man shall strike thee on the one cheek, turn thou to him the other: and he that would take thy coat from thee, give him also thy cloak: and if one constrain thee to walk with him one mile, go twain with him. These things seem to persuade, that we should utterly abstain from contentions. Some think by this means to satisfy themselves because they say that these are councils: but these men
be deceived. For whensoever anything is offered unto us to be done, which we understand doth further the glory of God, if we may do it, and do intermit it, we have flatly sinned, because the love which we owe unto God, with all the heart, with all the mind, and with all the strength, is not kept.
And if these things should be esteemed as counsels, and should belong only unto them which be perfect, it would follow, that Magistrates in not revenging should be more perfect, than if they punish and revenge. And a private man by revenging his own injury, should not sin, although he should perhaps decline from Christian perfection, which things are most plain absurdities. Wherefore Origen and Nazianzen, who against Julianus and Proclus say, that to revenge, is no sin, but not to revenge, is better and more perfect: do answer neither soundly nor worthy for a Christian man. These sayings must be taken as precepts and interpreted by comparison, to wit, that we must rather desist from judgment, and from taking punishment of an adversary: rather to suffer a blow on the cheek, to abide the loss of our
Cloke, and to go the journey of two miles, than that charity should be violated, or that thou shouldest move the hatred of thy neighbor, or be an offense unto the weak, and shouldest follow those things which be thine, and not those which be Jesus Christ's.
8. And as touching revenge, the same is of two sorts: one public, and another private. The public, which ought to be executed by the Magistrate, is required by God: so far is it from displeasing of him. Of the Magistrate it is said, that he beareth not the sword for naught. For he is the Minister of God to take vengeance of him that doth evil. But private revenge is lawful unto no man. And Augustine unto Marcellinus writeth: Not to revenge, is to abstain from the desire of revenge: And there he plainly writeth, that these be without doubt precepts, and always necessary as touching the
preparation of the mind: but as touching external execution, that must always be done, which we perceive to make most for the glory of God, and the salvation of them with whom we deal. For Christ when he was beaten by a servant of the high priest, did not turn his cheek to him, but rather reproved him, when as nevertheless he was ready as touching the mind, both to die, and to be crucified for his salvation. And even this did Paul show, when he being stricken answered the high priest: God shall strike thee, thou painted wall, who nevertheless was ready to spend both himself and his life, for the safety of the faithful. Wherefore, if a neighbor through our patience be made the worse, we must not stay from reproving and accusing: so far is it off, that thou shouldest show outward gentleness unto him. Those things which Christ spake in these places, belong not unto
Magistrates, but unto private men. And when he said that his kingdom is not of this world: he removeth not away those things which serve to the necessary administration thereof, but would have them to remain perfect and sound. Neither must we think, that charity is violated, when as punishments are done by the public power for great offenses. And this do parents show, when they beat their children: For by that means they omit not to prosecute them with fatherly good will. Torquatus put his son to death, for the safety of the Commonwealth: whom nevertheless he ceased not to love, as it became a father. And Augustine against Faustus the 2nd book saith, Moses slew many thousands for the Idolatry [committed to the] golden Calf: but that he kept charity towards them, the prayers which he had before the slaughter of them do declare: If thou let them go (saith he) it is well, if not, wipe me out of the book of life. Yea and God himself which is the principal charity punisheth his elect, and chastiseth them, but he ceaseth not to love them.
9. And when it is written: You have heard that it hath been said: An eye for an eye, and a tooth for a tooth: but I say unto you, resist not evil at all:
We are not to believe that the old law favored private revenge, which in Leviticus is in plain words forbidden: Seek not the revenge of the Son of thy people. Yea and rather charity is commanded towards our enemy, seeing every man is commanded to take home unto him his enemies Ox and Ass that goeth astray, and to restore the same unto the owner: and also to help his enemies Ass if it should be fallen and pressed under his burden. But in that law of rendering one for another, the Judge was instructed what he should do in the punishing of offenses. And Christ when he said: But I say unto you, resist not evil, amendeth the perverse interpretation of the Scribes, which taught men to come unto judgments being led with a desire also of revenge, that they might crave of the Judge, An eye for an eye, and a tooth for a tooth, with the desire of revenge. Christ said: The matter is not so: As much as in thee is resist not evil. Yet he forbiddeth not, but that if thou for the benefit of another, and for the glory of God, wilt attempt the law, it may be lawful for thee. Some object, that God would that thou shouldest suffer the taking away of these goods, to the intent that such and such might be punished. If thou by judgments dost endeavor to withstand, thou seemest now to resist the will of God. Howbeit these men are grossly deceived: seeing it is no firm consequence: God would that we should otherwhile be sick, therefore we must not use Physicians and medicines, because God hath prepared these things also, and if thou apply not them, thou shalt tempt him. God will both that thou shouldest be sick, and that through medicines thou be helped. In like manner also he will that we should suffer some loss, and that we should not turn unto blasphemies against God: but he will in like manner that we should not despise the
remedies of the judgments which he himself hath set forth. It is only the mind of the user that maketh these things either good or evil. The Apostles who being sometime stirred up with a desire of revenge, craved that fire might come down from heaven against the Samaritans, were forbidden that they should so desire, because they knew not of what spirit they were. But even to the selfsame Apostles, being now confirmed by the holy Ghost, and being void of perturbations of the mind, it was granted to slay by the word:
For Peter slew Ananias and Sapphira. Paul delivered unto Satan, and made Magus blind.