Looking through Calvin’s
Institutes I found some thoughts of his on Mosaic judicial law, and its use in other contemporary nations. I prefer the Battles’ translation, but used the CCEL text to reproduce here, for time’s sake. He certainly does not promote a theonomic agenda.
He, for one, cannot be used to support such a thing. His statements here are explicit and unequivocal, however unclear other statements of his elsewhere may
seem to be.
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Physical benefits and physical punishments as types.
3. Hence the reason why the saints under the Old Testament set a higher value on this mortal life and its blessings than would now be meet. For, though they well knew, that in their race they were not to halt at it as the goal, yet, perceiving that the Lord, in accommodation to their feebleness, had there imprinted the lineaments of his favour, it gave them greater delight than it could have done if considered only in itself. For, as the Lord, in testifying his good will
towards believers by means of present blessings, then exhibited spiritual felicity under types and emblems, so, on the other hand, by temporal punishments he gave proofs of his judgment against the reprobate. Hence, by earthly objects, the favour of the Lord was displayed, as well as his punishment inflicted. The unskilful, not considering this analogy and correspondence (if I may so speak) between rewards and punishments, wonder that there is so much variance in God, that those who, in old time, were suddenly visited for their faults with severe and dreadful punishments, he now punishes much more rarely and less severely, as if he had laid aside his former anger, and, for this reason, they can scarcely help imagining, like the Manichees, that the God of the Old Testament was different from that of the New.
But we shall easily disencumber ourselves of such doubts if we attend to that mode of divine administration to which I have adverted—that God was pleased to indicate and typify both the gift of future and eternal felicity by terrestrial blessings, as well as the dreadful nature of spiritual death by bodily punishments, at that time when he delivered his covenant to the Israelites as under a kind of veil.
From Calvin’s Institutes II:xi:3 at CCEL
Institutes of the Christian Religion | Christian Classics Ethereal Library
The Battles’ translation renders the last portion as, “But we shall readily dispose of these misgivings if we turn our attention to this dispensation of God which I have noted. He willed that, for the time during which he gave his covenant to the people of Israel in a veiled form, the grace of future and eternal happiness be signified and figured under earthly benefits, the gravity of spiritual death under physical punishments.” (pp. 452-3)
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Institutes IV:xx:14 – 16.
Institutes of the Christian Religion | Christian Classics Ethereal Library
14. In states, the thing next in importance to the magistrates is laws, the strongest sinews of government, or, as Cicero calls them after Plato, the soul, without which, the office of the magistrate cannot exist; just as, on the other hand, laws have no vigour without the magistrate. Hence nothing could be said more truly than that the law is a dumb magistrate, the magistrate a living law. As I have undertaken to describe the laws by which Christian polity is to be governed, there is no reason to expect from me a long discussion on the best kind of laws. The subject is of vast extent, and belongs not to this place.
I will only briefly observe, in passing, what the laws are which may be piously used with reference to God, and duly administered among men. This I would rather have passed in silence, were I not aware that many dangerous errors are here committed. For there are some who deny that any commonwealth is rightly framed which neglects the law of Moses, and is ruled by the common law of nations. How perilous and seditious these views are, let others see: for me it is enough to demonstrate that they are stupid and false. We must attend to the well known division which distributes the whole law of God, as promulgated by Moses, into the moral, the ceremonial, and the judicial law, and we must attend to each of these parts, in order to understand how far they do, or do not, pertain to us. Meanwhile, let no one be moved by the thought that the judicial and ceremonial laws relate to morals.
For the ancients who adopted this division, though they were not unaware that the two latter classes had to do with morals, did not give them the name of moral, because they might be changed and abrogated without affecting morals. They give this name specially to the first class, without which, true holiness of life and an immutable rule of conduct cannot exist.
15. The moral law, then (to begin with it), being contained under two heads, the one of which simply enjoins us to worship God with pure faith and piety, the other to embrace men with sincere affection, is the true and eternal rule of righteousness prescribed to the men of all nations and of all times, who would frame their life agreeably to the will of God. For his eternal and immutable will is, that we are all to worship him and mutually love one another. The ceremonial law of the Jews was a tutelage by which the Lord was pleased to exercise, as it were, the childhood of that people, until the fulness of the time should come when he was fully to manifest his wisdom to the world, and exhibit the reality of those things which were then adumbrated by figures (Gal. 3:24; 4:4). The judicial law, given them as a kind of polity, delivered certain forms of equity and justice, by which they might live together innocently and quietly. And as that exercise in ceremonies properly pertained to the doctrine of piety, inasmuch as it kept the Jewish Church in the worship and religion of God, yet was still distinguishable from piety itself, so the judicial form, though it looked only to the best method of preserving that charity which is enjoined by the eternal law of God, was still something distinct from the precept of love itself.
Therefore, as ceremonies might be abrogated without at all interfering with piety, so, also, when these judicial arrangements are removed, the duties and precepts of charity can still remain perpetual. But if it is true that each nation has been left at liberty to enact the laws which it judges to be beneficial, still these are always to be tested by the rule of charity, so that while they vary in form, they must proceed on the same principle. Those barbarous and savage laws, for instance, which conferred honour on thieves, allowed the promiscuous intercourse of the sexes, and other things even fouler and more absurd, I do not think entitled to be considered as laws, since they are not only altogether abhorrent to justice, but to humanity and civilised life.
16. What I have said will become plain if we attend, as we ought, to two things connected with all laws—viz. the enactment of the law, and the equity on which the enactment is founded and rests. Equity, as it is natural, cannot be the same in all, and therefore ought to be proposed by all laws, according to the nature of the thing enacted. As constitutions have some circumstances on which they partly depend, there is nothing to prevent their diversity, provided they all alike aim at equity as their end. Now, as it is evident that the law of God which we call moral, is nothing else than the testimony of natural law, and of that conscience which God has engraven on the minds of men, the whole of this equity of which we now speak is prescribed in it. Hence it alone ought to be the aim, the rule, and the end of all laws. Wherever laws are formed after this rule, directed to this aim, and restricted to this end, there is no reason why they should be disapproved by us, however much they may differ from the Jewish law, or from each other (August. de Civit. Dei, Lib. 19 c. 17). The law of God forbids to steal. The punishment appointed for theft in the civil polity of the Jews may be seen in Exodus 22. Very ancient laws of other nations punished theft by exacting the double of what was stolen, while subsequent laws made a distinction between theft manifest and not manifest. Other laws went the length of punishing with exile, or with branding, while others made the punishment capital. Among the Jews, the punishment of the false witness was to “do unto him as he had thought to have done with his brother” (Deut. 19:19). In some countries, the punishment is infamy, in others hanging, in others crucifixion. All laws alike avenge murder with blood, but the kinds of death are different. In some countries, adultery was punished more severely, in others more leniently. Yet we see that amidst this diversity they all tend to the same end. For they all with one mouth declare against those crimes which are condemned by the eternal law of God—viz. murder, theft, adultery, and false witness; though they agree not as to the mode of punishment. This is not necessary, nor even expedient. There may be a country which, if murder were not visited with fearful punishments, would instantly become a prey to robbery and slaughter. There may be an age requiring that the severity of punishments should be increased. If the state is in troubled condition, those things from which disturbances usually arise must be corrected by new edicts. In time of war, civilisation would disappear amid the noise of arms, were not men overawed by an unwonted severity of punishment. In sterility, in pestilence, were not stricter discipline employed, all things would grow worse.
One nation might be more prone to a particular vice, were it not most severely repressed. How malignant were it, and invidious of the public good, to be offended at this diversity, which is admirably adapted to retain the observance of the divine law. The allegation, that insult is offered to the law of God enacted by Moses, where it is abrogated, and other new laws are preferred to it, is most absurd. Others are not preferred when they are more approved, not absolutely, but from regard to time and place, and the condition of the people, or when those things are abrogated which were never enacted for us. The Lord did not deliver it by the hand of Moses to be promulgated in all countries, and to be everywhere enforced; but having taken the Jewish nation under his special care, patronage, and guardianship, he was pleased to be specially its legislator, and as became a wise legislator, he had special regard to it in enacting laws.