“For there are some who deny that a commonwealth is duly framed which neglects the political system of Moses, and is ruled by the common laws of nations. Let other men consider how perilous and seditious this notion is; it will be enough for me to have proved it false and foolish.”
This is a quote from Calvin that is repeatedly cited as proof that Calvin would have had no tuck with Theonomy. However, this assertion needs to be examined in light of historical context. First, we need to keep in mind that if Calvin is really citing this against the abiding validity of the law then he is citing it against his friend and mentor Martin Bucer who wrote,
“But since no one can desire an approach more equitable and wholesome to the commonwealth than that which God describes in His law, it is certainly the duty of all kings and princes who recognize that God has put them over His people that follow most studiously his own method of punishing evildoers. For inasmuch as we have been freed from the teaching of Moses through Christ the Lord so that it is no longer necessary for us to observe the civil decrees of the law of Moses, namely, in terms of the way and the circumstances in which they described, nevertheless, insofar as the substance and proper end of these commandments are concerned, and especially those which enjoin the discipline that is necessary for the whole commonwealth, whoever does not reckon that such commandments are to be conscientiously observed is not attributing to God either supreme wisdom or a righteous care for our salvation.
Accordingly, in every state sanctified to God capital punishment must be ordered for all who have dared to injure religion, either by introducing a false and impious doctrine about the Worship of God or by calling people away from the true worship of God (Dt. 13:6-10, and 17:2-5); for all who blaspheme the name of God and his solemn services (Lv. 24:15-16); who violate the Sabbath (Ex. 31:14-15, and 35:2; Num. 15:32-36); who rebelliously despise authority of parents and live their own life wickedly (Dt. 21:18-21); who are unwilling to submit to the sentence of supreme tribunal (Dt. 17:8-12); who have committed bloodshed (Ex. 21:12; Lv. 24:17, Dt. 19:11-13), adultery (Lv. 20:10), rape (Dt. 22:20-25), kidnapping (Dt. 24:17); who have given false testimony in a capital case (Dt. 19:16-21).”
16th century Magisterial Reformer
The Fourteenth Law: The Modification of Penalties
It kind of strains credulity that Calvin would have referred to Bucer’s position as “perilous and seditious.”
So, if Calvin is not aiming at Bucer’s position that the Mosaic judicials have contemporary application for Commonwealths who might Calvin’s comments be aimed at? The answer to that doubtless are the Ana-Baptists. Calvin had a ongoing quarrel with the Ana-Baptists (who doesn’t?) as seen in his Institutes. The Ana-baptists likewise advocated for the Mosaic judicials but in a revolutionary manner. When you consider all the positives Calvin penned touching the judicials and the magistrate,
…“But this was sayde to the people of olde time. Yea, and God’s honour must not be diminished by us at this day: the reasons that I have alleadged alreadie doe serve as well for us as for them. Then lette us not thinke that this lawe is a speciall lawe for the Jewes; but let us understand that God intended to deliver to us a generall rule, to which we must tye ourselves…Sith it is so, it is to be concluded, not onely that is lawefull for all kinges and magistrates, to punish heretikes and such as have perverted the pure trueth; but also that they be bounde to doe it, and that they misbehave themselves towardes God, if they suffer errours to roust without redresse, and employ not their whole power to shewe a greater zeale in that behalfe than in all other things.”
Calvin, Sermons upon Deuteronomie, p. 541-542
Calvin’s pen seems pointed at the seditious and perilous Ana-baptists whose application of the judicials gave not Godly commonwealths but anarchistic Münsters. The initial quote by Calvin must not be taken out of context to prove something that puts it in contradiction w/ other things that Calvin wrote. What Calvin is doing, especially when one considers what he said elsewhere on this issue,
“And for proof thereof, what is the cause that the heathen are so hardened in their own dotages? It is for that they never knew God’s Law, and therefore they never compared the truth with the untruth. But when God’s law come in place, then doth it appear that all the rest is but smoke insomuch that they which took themselves to be marvelous witty, are found to have been no better than besotted in their own beastliness. This is apparent. Wherefore let us mark well, that to discern that there is nothing but vanity in all worldly devices, we must know the Laws and ordinances of God. But if we rest upon men’s laws, surely it is not possible for us to judge rightly. Then must we need to first go to God’s school, and that will show us that when we have once profited under Him, it will be enough. That is all our perfection. And on the other side, we may despise all that is ever invented by man, seeing there is nothing but *fondness and uncertainty in them. And that is the cause why Moses terms them rightful ordinances. As if he should say, it is true indeed that other people have store of Laws: but there is no right all all in them, all is awry, all is crooked.”
* fondness = foolishness, weakness, want of sense and judgment
Sermons on Deuteronomy, sermon 21 on Deut. 4:6-9
“The let us not think that this Law is a special Law for the Jews; but let us understand that God intended to deliver us a general rule, to which we must yield ourselves … Since, it is so, it is to be concluded, not only that it is lawful for all kings and magistrates, to punish heretics and such as have perverted the pure truth; but also that they be bound to do it, and that they misbehave themselves towards God, if they suffer errors to rest without redress, and employ not their whole power to shew greater zeal in their behalf than in all other things.”
John Calvin, Sermon on Deuteronomy, sermon 87 on Deuteronomy 13:5
In a treatise against pacifistic Anabaptists who maintained a doctrine of the spirituality of the Church which abrogated the binding authority of the case law Calvin wrote,
“They (the Anabaptists) will reply, possibly, that the civil government of the people of Israel was a figure of the spiritual kingdom of Jesus Christ and lasted only until his coming, I will admit to them that in part, it was a figure, but I deny that it was nothing more than this, and not without reason. For in itself it was a political government, which is a requirement among all people. That such is the case, it is written of the Levitical priesthood that it had to come to an end and be abolished at the coming of our Lord Jesus (Heb. 7:12ff) Where is it written that the same is true of the external order? It is true that the scepter and government were to come from the tribe of Judah and the house of David, but that the government was to cease is manifestly contrary to Scripture.”
Treatise against the Anabaptists and against the Libertines, pp. 78-79
“But it is questioned whether the law pertains to the kingdom of Christ, which is spiritual and distinct from all earthly dominion; and there are some men, not otherwise ill-disposed, to whom it appears that our condition under the Gospel is different from that of the ancient people under the law; not only because the kingdom of Christ is not of this world, but because Christ was unwilling that the beginnings of His kingdom should be aided by the sword. But, when human judges consecrate their work to the promotion of Christ’s kingdom, I deny that on that account its nature is changed. For, although it was Christ’s will that His Gospel should be proclaimed by His disciples in opposition to the power of the whole world, and He exposed them armed with the Word alone like sheep amongst the wolves, He did not impose on Himself an eternal law that He should never bring kings under His subjection, nor tame their violence, nor change them from being cruel persecutors into the patrons and guardians of His Church.”
Commentaries on the Four Last Books of Moses — p. 77.
So, given the context of his times what Calvin seems to be doing in his literary methodological approach is that he writes against the Anabaptists who stressed the necessity to adopt the Mosaic judicials as a whole without making the necessary distinctions between the Mosaic judicials in toto and the general equity of the judicials. Once having done that Calvin embraces, for nations, what we would call the abiding “general equity” and insists that magistrates must have to do with the case law in their considerations.