1. What is the civil magistracy?
It is a rank ordained of God, which is to uphold, as to both tables, external discipline, and also maintain peace, having the power to punish with physical force. (Melanchthon.)
2. What are the chief duties of the civil magistrates?
Four:
- To care for the commandments of both tables, so far as they concern external discipline.
- To make laws concerning civil and domestic matters, which correspond with divine and natural right.
- To carefully attend to the execution of the laws which are passed.
- To punish sinners, according to the measure of their crimes, but favor and reward the obedient.
3. Is it allowable to undertake a governmental or other civil office?
“Concerning political affairs and civil government it is taught, that all government in the world, and all ordained rule and laws, are good works, created and instituted by God; that Christians may hold governmental, sovereign, and judicial office, without sin, may pronounce judgment and decide right according to the imperial and other laws, which are in force, may punish evildoers with the sword, conduct just wars, engage in battle, buy and sell, take oaths which are required, possess property, marry, etc.” (Augsburg Confession, Art. xvi.)
4. The Gospel, then, does not abolish civil constitutions?
No: for the Gospel treats of the kingdom of Christ, which is spiritual, and begets faith, piety, love, and patience in our hearts, and here on earth begins within us the kingdom of God and everlasting life. As long as this life lasts, it nevertheless permits us to make use of the laws, the order, and the classes of society, which exist in the world, according to every one’s calling, just as it permits us to use medicine, to build and plant, to use air, water, etc.
“And the Gospel does not introduce new laws for the government of the world, but commands and demands, that we be obedient to the laws and to the authorities under which we live, be they heathen or Christians, and that we show our love by such obedience.” (Apology, Art. viii.)
5. Prove from Holy Scripture that the use of civil authority is permitted?
Civil authority was confirmed at its institution by the command of God.
Deut. 16:18. “Judges and officers shalt thou make thee in all thy gates: they shall judge the people with just judgment.”
St. Paul, Rom. 13:1, 2, confirms the obedience which we owe to the government.
“Let every soul be subject unto the higher powers. Whosoever, therefore, resisteth the power, resisteth the ordinance of God, etc.” (Smaller Catechism.)
6. Is it allowable to sit in judgment?
It is clearly evident from the example of our Lord himself, that it is allowable to sit in judgment, John 18:23, and of the apostle Paul, who defends himself in judgment, Acts 23:5, and appeals to the Roman law, Acts 22:25, yea, even to the Emperor himself, Acts 25:11.
7. Is it right to punish sin with death?
The right to inflict capital punishment on the wicked is likewise apparent from the words of the Apostle.
Rom. 13:4. “But if thou do that which is evil, be afraid: for he beareth not the sword in vain: for he is the minister of God, an avenger to execute wrath upon him that doeth evil.”
8. Is it permitted to carry on war?
Yes; for God himself through Moses has prescribed the mode of conducting war. Deut. 20:1.
Besides, here and there we have examples in Holy Scripture of warriors, who are known to have been accepted by God, as Abraham (Gen. 14), Moses, David, and others. And even John the Baptist confirms the lawfulness of war, by commanding soldiers to be satisfied with their wages. Luke 3:13.
9. But does Holy Scripture permit civil traffic and commercial intercourse to be carried on?
Holy Scripture allows such traffic and intercourse, if it is conducted in a lawful manner.
1 Thess. 4:6. “That no man go beyond and defraud his brother in any matter, because that the Lord is the avenger of all such.” (Apology, Art. viii.)
10. May a Christian possess property?
The Gospel does not abolish the ownership of temporal possessions, and the Apostle commands those who are rich, not to divest themselves of them, but only forbids their reposing confidence in these treasures. 1 Tim. 6:17. Thus Solomon speaks, Proverbs 5:15: “Drink waters out of thine own cistern and running waters out of thine own well. Let thy fountains be dispersed abroad, and rivers of waters in the streets. Let them be only thine own and not strangers with thee.” The same is implied in the seventh commandment: “Thou shalt not steal.” (Apology, Art. viii.)
11. May a Christian take a judicial oath?
This is apparent from the divine prediction, that it shall be a characteristic and mark of the citizens of the kingdom of Christ, that they will swear by the name of the true God. Isa. 65:15; Jeremiah 4:2; 12:19. Yes; God himself commands: “Thou shalt fear the Lord thy God, and serve him, and shalt swear by his name.” Deut. 6:13. (See Larger Catechism.)
12. Can you prove the same of marriage?
Yes; for marriage is not only extolled in Holy Scripture as useful and praiseworthy, but even enjoined as necessary.
Gen. 2:24. “Therefore shall a man leave his father and his mother, and shall cleave unto his wife: and they shall be one flesh.”
Matt. 19:4, 5. “And he answered and said unto them, Have ye not read, that he which made them at the beginning, made them male and female, and said, For this cause shall a man leave father and mother, and shall cleave to his wife; and they twain shall be one flesh.”
Heb. 13:4. “Marriage is honorable in all and the bed undefiled.” (Compare the entire 128th Psalm.)
13. But is not the use of such civil things opposed to Christian perfection?
This is indeed taught by the Anabaptists, who directly forbid a Christian’s using such civil matters, alleging that their use conflicts with Christian perfection. But this is a clear falsehood and fraud: “for Christian perfection does not consist in the contempt of civil authority, but in the motions of the heart, in great fear of God and in great faith. For Abraham, David, and Daniel occupied royal stations, possessed great riches, and nevertheless were more holy and perfect than any monk or Carthusian that has come upon earth.” (Apology, Art. viii.)
14. Must the civil authorities be obeyed in all things?
Christians are under obligation to obey the government and its commands, in everything, which may be done without sin. For if the command of the government cannot be obeyed without sin, God must be obeyed rather than men. Acts 4:9. (Augsburg Confession, Art. xvi. Compare Larger Catechism.)
15. If one must always be satisfied with the decision of the government, then private revenge may no longer take place?
Very true; for private revenge is not prohibited by an advice, but by a command.
Matt. 5:44. “Love your enemies, bless them that curse you, do good to them that hate you, and pray for them which despitefully use you, and persecute you.”
Rom. 12:17, 19. “Recompense to no man evil for evil; avenge not yourselves, but rather give place unto wrath; for it is written: Vengeance is mine, I will repay, saith the Lord.”
But public vengeance which the government executes by virtue of office, is not prohibited, but enjoined, and is a work of God. Rom. 13:12. Of this kind are: courts, sentences of death, wars, military service, etc.