VINDICIAE CONTRA TYRANNOS - Question 3

 

Question 3: Whether it is lawful to resist a ruler who is oppressing or ruining the country, and how far such resistance may be extended; by whom, how, and by what right or law it is permitted.

•    The whole body of the people is above the king.

“Now, since the people choose and establish their kings, it follows that the whole body of the people is above the king. This is because he who is established by another is under that person, and he who receives his authority from another is less than the person from whom he derives his power.”

“Therefore, as all the whole people is above the king, and likewise taken in one entire body, are in authority before him, yet individually, every one of them is under the king. It is easy to know how far the power of the first kings extended, in that Ephron, king of the Hittites, could not grant Abraham the sepulchre, but in the presence and with the consent of the people (Gen. 23): neither could Hemor the Hevite, king of Sichem, contract an alliance with Jacob without the people's assent and confirmation thereof (Gen. 34); because it was then the custom to refer the most important affairs to be dispensed and resolved in the general assemblies of the people. This might easily be practiced in those kingdoms which were then almost confined within the circuit of one town.”

•      The assembly of the three estates.

“… In ancient times, the general or three estates were assembled every year (and these days, they meet when required by urgent necessity) and all the provinces and towns of any size, meaning the burgesses, nobles and ecclesiastical persons, did they all send their deputies, and there they did publicly deliberate and conclude matters which concerned the public state. The authority of this assembly was always such that whatever it decided, whether it were to establish peace, or declare war, or create a regent in the kingdom, or impose some new tribute, was held firm and inviolable. And even by the authority of this assembly, kings themselves, if convicted of loose intemperance, or incompetence, or even for a charge as great as tyranny, were removed from the throne. And not only that, but all their descendants also were excluded from the royal succession, just as their ancestor was, by the same authority, raised to the throne of the same kingdom.”

•      Why kings were created.

“Let us then conclude, that they [kings] are established in this place to maintain by justice, and to defend by force of arms, both the public state, and particular persons from all damages and outrages.  This is why St. Augustine said, "Those are properly called lords and masters who provide for the good and profit of others, as the husband for the wife, fathers for their children." They must therefore obey them who provide for them; although, indeed, to speak truly, those who govern in this manner may in a sort be said to serve those whom they command over.  For, as says the same doctor, they command not for the desire of dominion, but for the duty they owe to provide for the good of those who are subjected to them; not affecting any lord-like domineering, but with charity and singular affection, desiring the welfare of those who are committed to them.”

•      Whether the ruler have power of life and death over his subjects.

“The minions of the court consider it self-evident that rulers have the same power of life and death over their subjects as ancient masters had over their slaves. With these false imaginations have so bewitched rulers, that many, although they do not much use this imaginary right, yet imagine that they may lawfully do so, and in how much they desist from the practice thereof, insomuch that they quit and relinquish their right and due."

"But we affirm on the contrary, that the ruler is but as the minister and executor of the law, and may only unsheathe the sword against those whom the law has condemned; and if he do otherwise, he is no more a king, but a tyrant; no longer a judge, but a malefactor, and instead of that honorable title of conservator, he shall be justly branded with that foul term of violator of the law and equity.”

•      Whether the king be the usufructor of the kingdom?

"To conclude, we must needs resolve, that kings are neither proprietors nor usufructuaries of the royal patrimony, but only administrators. And being so, they can by no just right attribute to themselves the propriety, use, or profit of private men's estates, nor with as little reason the public revenues, which are in truth only the commonwealth's."

"If the prince therefore persist in his violent courses, and contemn frequent admonitions, addressing his designs only to that end, that he may oppress at his pleasure, and effect his own desires without fear or restraint; he then doubtless makes himself liable to that detested crime of tyranny: and whatsoever either the law, or lawful authority permits against a tyrant, may be lawfully practiced against him. Tyranny is not only a will, but the chief, and as it were the complement and abstract of vices. A tyrant subverts the state, pillages the people, lays stratagems to entrap their lives, breaks promise with all, scoffs at the sacred obligations of a solemn oath, and therefore is he so much more vile than the vilest of usual malefactors. By how much offences committed against a generality, are worthy of greater punishment than those which concern only particular and private persons. If thieves and those who commit sacrilege be declared infamous; nay, if they justly suffer corporal punishment by death, can we invent any that may be worthily equivalent for so outrageous a crime?"

 "Furthermore, we have already proved, that all kings receive their royal authority from the people, that the whole people considered in one body is above and greater than the king; and that the king and emperor are only the prime and supreme governors and ministers of the kingdom and empire, but the people the absolute lord and owner thereof. It therefore necessarily follows, that a tyrant is in the same manner guilty of rebellion against the majesty of the people, as the lord of a fee, who feloniously transgresses the conditions of his investitures, and is liable to the same punishment, yea, and certainly deserves much more greater than the equity of those laws inflicts on the delinquents."

"There is ever, and in all places, a mutual and reciprocal obligation between the people and the prince; the one promises to be a good and wise prince, the other to obey faithfully, provided he govern justly. The people therefore are obliged to the prince under condition, the prince to the people simply and purely. Therefore, if the prince fail in his promise, the people are exempt from obedience, the contract is made void, the right of obligation of no force. Then the king if he govern unjustly is perjured, and the people likewise forsworn if they obey not his lawful commands. But that people are truly acquit from all perfidiousness, who publicly renounce the unjust dominion of a tyrant, or he, striving unjustly by strong hand to continue the possession, do constantly endeavour to expulse him by force of arms."

"It is therefore permitted the officers of a kingdom, either all, or some good number of them, to suppress a tyrant; and it is not only lawful for them to do it, but their duty expressly requires it; and, if they do it not, they can by no excuse colour their baseness."*

Christ, not man, is King!

Dale

*The PDF of this work is available at www.arts.yorku.ca/politics/comninel/courses/3020pdf/vindiciae.pdf.  All quoted content was excerpted from this work.

VINDICIAE CONTRA TYRANNOS - Question 2 (continued)

QUESTION 2:  Whether it is lawful to resist a ruler who violates the law of God, or ruins His Church; by whom, how, and to what extent it is lawful. (cont.)

Whether private individuals may resist by use of arms

“It remains now that we speak of men who are private persons. First, particulars or private persons are not obligated to take up arms against any ruler who would compel them to become idolaters.  The covenant between God and all the people who promise to be the people of God does not in any way bind them to that. For, just as what belongs to the whole body does not belong to any particular member, so, in like manner, the duty the whole body owes and is bound to perform cannot by any sensible reason be required of any of the parts -- neither does their duty oblige them to it, for everyone must serve God in that proper vocation to which he is called. Private individuals have no power or duly constituted authority, nor any calling to bear the sword in an official capacity. Therefore, since God has not granted sword-bearing authority to private individuals, He does not require that they should take it up. It is said to them, "put up thy sword into thy scabbard." (Jn. 18:11) On the other hand, the apostles say of the ruling authorities, they carry not the sword in vain. (Rom. 13:4) If individuals take up the sword, they are violating the law. If magistrates are slow and negligent to wield it when necessary, they are likewise justly blameable of negligence in performing their duties, and equally guilty with the former.”

Whether it is lawful to take up arms in defense of religion

“Although the church cannot be advanced by arms, it may be justly defended by the means of arms. I say further, that those that die in so holy a war are no less the martyrs of Jesus Christ than their brethren who were put to death for religion; nay, they who die in that war seem to have this disadvantage, that with a free will and well knowing the risks into which they cast themselves, notwithstanding, do courageously expose their lives to death and danger, whereas the other do only not refuse the death that it is necessary for them to suffer. The Turks strive to advance their religion by force of arms, and if they subdue a country, they immediately enforce the impieties of Mohammed, who, in the Qu'ran, has so recommended arms, as they are not ashamed to say it is the ready way to heaven, yet the Turks constrain no man in matter of conscience. But he who is a much greater adversary to Christ and true religion, with all those kings whom he has enchanted, opposes fire and faggots, to the light of the gospel, tortures the Word of God, compelling by wracking and torments, as much as in him lies, all men to become idolaters, and finally is not ashamed to advance and maintain their faith and law by perfidious disloyalty, and their traditions by continual treasons.”

“Now, on the contrary, those good rulers and magistrates are said properly to defend themselves, when they surround and fortify, by all their means and industry, the vine of Christ, already planted, to be planted in places where it has not yet been, lest the wild boar of the forest should spoil or devour it. They do this (I say) in covering with their buckler, and defending with their sword, those who by the preaching of the gospel have been converted to true religion, and in fortifying with their best ability, by strong walls, moats, and ramparts, the temple of God built with living stones, until it have attained the full height, despite all the furious assaults of its enemies. We have lengthened out this discourse thus far, to the end we might take away all scruple concerning this question. Set, then, the estates, and all the officers of a kingdom, or the greatest part of them, every one established in authority by the people: know, that if they do not contain within his bounds (or at the least, make every effort to do so) a king who seeks to corrupt the law of God, or hinders it's reestablishment, that they offend grievously against the Lord, with whom they have contracted covenants upon those conditions. Those of a town, or of a province, making a portion of a kingdom, let them know also, that they draw upon themselves the judgment of God if they do not drive impiety out of their walls and confines if the king seek to bring it in, or if they be wanting to preserve by all means, the pure doctrine of the Gospel, although for the it's defence they suffer banishment for a time, or any other misery. Finally, more private individuals must be informed that nothing can excuse them if they obey any command that offends God, and yet they have no right nor permission of any sort to take up arms by their private authority, unless it is absolutely clear that they have extraordinary vocation to do so - which we have confirmed by cogent testimonies drawn from scripture.”*

Christ, not man, is King!

Dale

*The PDF of this work is available at www.arts.yorku.ca/politics/comninel/courses/3020pdf/vindiciae.pdf.  All quoted content was excerpted from this work.

VINDICIAE CONTRA TYRANNOS, Question 2

QUESTION 2:  Whether it is lawful to resist a ruler who violates the law of God, or ruins His Church; by whom, how, and to what extent it is lawful.

“But who may punish the king (for here is question of corporal and temporal punishment) if it be not the whole body of the people? For it is the people to whom the king swears and obliges himself, no more nor less, than the people do to the king. We read also that king Josiah, when he was twenty-five years old, together with the whole people, made a covenant with the Lord, the king and the people promising to keep the laws and ordinances of God; (2 Chr. 34:31-33) and for the better fulfillment of this agreement, the idolatry of Baal was presently destroyed. If any will carefully examine the Holy Bible, he may well find other testimonies to this purpose.”

“For it makes no sense to cause the people to promise to be the people of God, if they are also obligated to allow the king to draw them after false gods. If the people are absolutely in bondage, why are they commanded to take order that God be purely served? If they cannot properly perform their obligations to God, and if it is not not lawful for them to keep their promise, shall we say that God has made an agreement with them, who had no ability either to make a promise, nor to keep a promise? But, in making a covenant with the people, God openly and plainly shows that the people are able to make, hold, and accomplish their promises and contracts. For, if someone who bargains or contracts with a slave or a minor is not worthy to be heard in public court, shall it not be much more shameful to lay this charge upon the Almighty, that He should contract with those who had no power to perform the conditions of the covenant?”

“In like manner when David commanded Joab and the governors of Israel to number the people, (1 Chr. 21) he is charged with having committed a great sin; for even as Israel provoked the anger of God in demanding a king in whose wisdom they seemed to place their safety, even so David did much forget himself in hoping for victory through the multitude of his subject. This is very much like the abominable idolatry mentioned elsewhere in Scripture of "sacrificing to their net, and burning incense to their dragnet." (Hab. 1:16) The governors, seeing that it would bring evil on the people, hesitated at first. But then, when the obligation to carry out the command became too heavy for them to resist, they went ahead with the census; in the meantime all the people were punished. Then David, and also the elders of Israel, who represented the whole body of the people, put on sack-cloth and ashes. This practice was not done when David committed those horrible sins of murder and adultery. It is clear that in this last act, all had sinned, and that all should repent; and finally that all were chastised: David, who had provoked God by so wicked a commandment, the governors, who as peers and assessors of the kingdom, ought in the name of all Israel to have opposed the king, and the people, by their connivancy and over-weak resistance, who allowed themselves to be numbered without a fight. In this respect, God acted much like a chief commander or general of an army: he chastised the offence of the whole camp by a sudden alarm given to all, and by the exemplary punishments of some particulars to keep all the rest in better awe and order.”

“It is then lawful for the people of Israel to resist the king, who would overthrow the law of God and abolish His church. And not only that, but also they ought to know that if they neglect to perform this duty, they make themselves guilty of the same crime, and shall bear the punishment along with their king.”

“If their assaults are verbal, their defence must be likewise verbal; if the sword is drawn against them, they may also take arms, and fight either with tongue or hand, as circumstances warrant. Even if they be assailed by surprise attacks, they may make use both of ambushes and counterattacks, since there is no rule in lawful war that directs them to use one over the other, whether it be by openly attacking their enemy, or by waylayings; provided always that they carefully distinguish between advantageous stratagems, and perfidious treason, which is always unlawful. But I anticipate an objection at this point. Will you say that a whole people, that beast of many heads, must run in a mutinous disorder, to order the business of the commonwealth?  What address or direction is there in an unruly and unbridled multitude? What counsel or wisdom, to manage the affairs of state?  When we speak of all the people, we understand by that, only those who hold their authority from the people, that, the magistrates who are inferior to the king, and whom the people have substituted, or established, an assembly with a kind of tribunal authority, to restrain the encroachments of sovereignty, and to represent the whole people.”

“They obey Caesar while he commands in the quality of Caesar; but when Caesar exceeds his bounds, when he usurps that dominion which isn't his, when he attempts to assail the Throne of God, when he wars against the Sovereign Lord, both of himself and the people, they then think it reasonable not to obey Caesar.  Yet, after this, to speak properly, they do no acts of hostility. He is properly called an enemy who stirs up or provokes another, who, out of military insolency prepares and sets forth parties to war.  Only after they have been assailed by open war, and close and treacherous surprisals; and death and destruction surrounds them, do they then they take arms, and wait their enemies' assaults.  You cannot have peace with your enemies whenever you want; for if you lay down your arms, if you cease making war, they will not respond by disarming themselves, and lose their advantage.  However, with these men, desire but peace and you have it; quit attacking them, and they will lay down their arms; cease to fight against God, and they will presently leave the field. Will you take their swords out of their hands? Then all you have to do is to abstain from striking, seeing that they are not the assailants, but the defendants; sheathe your sword, and they will presently cast their buckler on the ground, which has been the reason that they have often been surprised by perfidious ambushes, of which our times have afforded too many examples.”*

Christ, not man, is King!

Dale

*The PDF of this work is available at www.arts.yorku.ca/politics/comninel/courses/3020pdf/vindiciae.pdf.  All quoted content was excerpted from this work.

VINDICIAE CONTRA TYRANNOS - A DEFENCE OF LIBERTY AGAINST TYRANTS

Part of my personal study lately has been of those documents and sermons that played a significant role in developing the mind and tenor of the men who led us in our separation from Great Britain.  Although the primary focus of my blog is the 18^th century, one must look further back into history if one wants to understand the worldviews and motivations of our founders.  Most recently I have been reading the great French Huguenot work “Vindiciae Contra Tyrannos” which was of great influence to the generation of the American patriots.  In this work the author, “Brutus,” poses questions about the nature and extent of a subject’s obedience to his sovereign in light of that subject’s required greater obedience to God.  Here’s just an excerpt from that work:

VINDICIAE CONTRA TYRANNOS - A DEFENCE OF LIBERTY AGAINST TYRANTS

QUESTION 1:  Whether subjects are obligated to obey rulers who issue commands contrary to the law of God.

“The question is, whether subjects are bound to obey kings, in case they command that which is against the law of God: that is to say, to which of the two (God or king) must we rather obey? When the question is resolved concerning the king, to whom is attributed the fullest power, the question concerning other magistrates will be also determined. First, the Holy Scripture teach that God reigns by His own proper authority, and kings rule by derivation, God from Himself, kings from God. God has a jurisdiction proper and kings are his delegates. It follows then that the jurisdiction of God has no limits, but that of kings is finite, that the power of God is infinite, but that of kings is confined, that the kingdom of God extends itself to all places, but that of kings is restrained within the confines of certain countries. In like manner God has created out of nothing both heaven and earth, therefore, by good right He is lord and master of both. All the inhabitants of the earth have received from Him everything they have, and are, essentially, His tenants and lease-holders. All the rulers and governors of the world are but His hirelings and vassals, and are obligated to take and acknowledge their investitures from Him. God alone is the owner and lord, and all men, whatever their station in life, are His tenants, agents, officers and vassals. All without exception owe fealty to Him, according to that which He has committed to their dispensation. The higher their place is, the greater their responsibility to God must be, and according to the rank where God has raised them, must they make their reckoning before His divine majesty. This is what the Holy Scriptures teach in innumerable places, and all the faithful (and even the wisest heathens) have ever acknowledged: that "the earth is the Lord's, and all it contains" (Psalm 24:1).”  “Therefore all kings are the vassals of the King of Kings, invested into their office by the sword, which is the recognition of their royal authority, to the end that with the sword they maintain the law of God, defend good, and punish evil.”

“Now if we consider what is the duty of vassals, we shall find that what may be said of them applies also to kings. The vassal receives land from his lord with right of justice, and obligation to serve him in his wars. The king is established by the Lord God, the King of Kings, to the end he should administer justice to his people and defend them against all their enemies. The vassal receives laws and conditions from his sovereign. God commands the king to observe His laws and to have them always before his eyes, promising that he and his successors shall long possess the kingdom, if they be obedient, and that their reign will be short if they prove rebellious to their sovereign king. The vassal obliges himself by oath onto his lord, and swears that he will be faithful and obedient. In like manner the king promises solemnly to command, according to the explicit law of God. Briefly, the vassal loses his estate if he rebels, and by law forfeits all his privileges. Likewise the king loses his right, and many times his realm also, if he despise God, if he plots with his enemies, and if he rebels against that Royal Majesty. This will seem more obvious by the consideration of the covenant which is contracted between God and the king, for God does that honor to His servants to call them His confederates. Now we read of two sorts of covenants at the inaugurating of kings, the first between God, the king, and the people, that the people might be the people of God. The second, between the king and the people, that the people shall obey faithfully, and the king command justly.”*

Christ, not man, is King!

Dale

*The PDF of this work is available at www.arts.yorku.ca/politics/comninel/courses/3020pdf/vindiciae.pdf.  All quoted content was excerpted from this work.