Romans 13 and Lawful Resistance (The Soldier's Catechism)

Q. How can you that are soldiers for the Parliament answer that place of Paul, Romans 13:1, 2, 3, & etc.

A. 1. That place requires not obedience to any unlawful Commands, neither doth any other place of Scripture, we are no further to obey man, than may stand with the will of God.

2. They are grossly mistaken which say the King is the highest power; Indeed, he is the highest person in his dominions, but the laws and courts of the kingdom are above him in power, and the King himself is limited and subject to the meanest court in the land: Therefore surely the high Court of Parliament must needs be the higher power, which not to obey, is to resist the ordinance of God.

3. Suppose the King were the higher power, yet if he shall intend or permit the ruin of his subjects, both nature and grace allows people to preserve themselves.

4. If the king be the higher power by constitution, yet is his power now in other hands by usurpation. The Queen, Ierman, Bristol, Digby, Cuttington, Windebanke, Porter, and many others, have for a long time, and do still manage the greatest affairs of the kingdom; so that it were a miserable thing to be subjected in conscience (as that text imports, if some men’s exposition might pass for orthodox divinity) to such enemies and incendiaries both of Church and Commonwealth.

The Soldier’s Catechism was a pamphlet issued in 1644 to parliamentarian soldiers—including Oliver Cromwell's New Model Army—during the English Civil War between Parliament and King Charles I.

   

Preserving Peace Within a Nation (Joshua 22:26-28)

Joshua 22

King James Version (KJV)

26 Therefore we said, Let us now prepare to build us an altar, not for burnt offering, nor for sacrifice:

27 But that it may be a witness between us, and you, and our generations after us, that we might do the service of the Lord before him with our burnt offerings, and with our sacrifices, and with our peace offerings; that your children may not say to our children in time to come, Ye have no part in the Lord.

28 Therefore said we, that it shall be, when they should so say to us or to our generations in time to come, that we may say again, Behold the pattern of the altar of the Lord, which our fathers made, not for burnt offerings, nor for sacrifices; but it is a witness between us and you.

Comments:

The actions of the children of Reuben, the children of Gad and the half tribe of Manasseh are something that all nations should consider. When tensions between groups of people within a nation are anticipated, actions should be taken (so long as they are lawful according to God's word) to prevent them from being realized. This might be done in the form of a contract, a covenant, a monument, etc. 

As history tells us, tensions are very possible between Christians of different denominational perspectives, who, while disagreeing on such matters as church government, agree on foundational doctrines of the faith, such as the Trinity and justification by faith alone. All orthodox Christian groups within a nation should strive to live together in peace; as Scripture says, "If it be possible, as much as lieth in you, live peaceably with all men" (Romans 12:18).  
   
      

Civil Penalties and Leniency (Joshua 22:15-20)

Joshua 22

King James Version (KJV)

15 And they came unto the children of Reuben, and to the children of Gad, and to the half tribe of Manasseh, unto the land of Gilead, and they spake with them, saying,

16 Thus saith the whole congregation of the Lord, What trespass is this that ye have committed against the God of Israel, to turn away this day from following the Lord, in that ye have builded you an altar, that ye might rebel this day against the Lord?

17 Is the iniquity of Peor too little for us, from which we are not cleansed until this day, although there was a plague in the congregation of the Lord,

18 But that ye must turn away this day from following the Lord? and it will be, seeing ye rebel to day against the Lord, that to morrow he will be wroth with the whole congregation of Israel.

19 Notwithstanding, if the land of your possession be unclean, then pass ye over unto the land of the possession of the Lord, wherein the Lord's tabernacle dwelleth, and take possession among us: but rebel not against the Lord, nor rebel against us, in building you an altar beside the altar of the Lord our God.

20 Did not Achan the son of Zerah commit a trespass in the accursed thing, and wrath fell on all the congregation of Israel? and that man perished not alone in his iniquity.

Comments:

What is interesting about this situation is that the Israelites are willing to forgo putting their brethren to the sword if they repent of what is perceived to be rebellion against God (verse 19). This could have implications for civil punishments in general. Henry Bullinger includes this text while arguing for the flexiblity of at least some penalties:

Moreover, godly and wise magistrates have many times pardoned unwitting offenders, whom they saw ready to repent upon giving of warning. The Lord in the gospel biddeth us admonish a sinner; then, if he repent, to pardon his fault; but if he rejects a fair warning once given him, then to punish him so much the sharper. [Matt. 18:15-17] And Joshu [Joshua], before he made open war to be proclaimed upon the children of Reuben, did first by embassage command them to dig down the altar, which they seemed to have made contrary to the law of the Lord. [Josh. 22.] ... Moreover, Josias did not utterly kill all them that were wrapped in error and idolatry, but those especially that were incurable, and would not recant. The magistrate therefore must wisely moderate the matter, and be very circumspect in punishing offenders.[1] 

While we don't find Bullinger's argument from Matthew 18 compelling—since it is an instruction for the church, and not the state—we see his overall logic in pardoning unwitting offenders. 

After all, Scripture itself makes a distinction between murder and accidental manslaughter. While murderers must be punished with death, a lesser punishment is required of those who commit accidental manslaughter (in Israel, it was confinement to a city of refuge until the death of the high priest). 

And we see no reason not to extend this principle of leniency to other crimes. A somewhat parallel situation to physical murder would be to promote damnable heresy, which is attempted spiritual murder. This also warrants the death penalty.[2] But what about a case where one accidentally promotes damnable heresy? For instance, one may unwittingly promote damnable heresy by using a bad choice of words in describing a particular doctrine. These words may not have been used had this person had given them more careful thought.

Another example of unwittingly committing a crime is when one purchases stolen goods in good faith that they were not stolen. Or, when a man marries a woman whom he believes to be single, but is actually married to someone else. In these and other situations where a crime is committed unwittingly, leniency seems to be the best course. 

Regarding Joshua 22, however, it seems likely that the crime that is mistakenly believed to have occurred was not committed unwittingly, but knowingly. Since the Israelites take for granted that setting up an altar for sacrificing to God was wrong other than at a place of God's choosing (per Deuteronomy 12:5-7), then they might have thought that it was likewise taken for granted by their brethren—the children of Reuben, the children of Gad, and the half tribe of Manasseh.

And yet, despite their readiness to put their brethren to the sword for this, they were willing to offer leniency upon repentance. 

If this example of offering leniency in the case of repentance is meant to be a pattern to follow in civil matters, then we must consider to what extent. It certainly cannot be applied in all situations—at least not in the case of murder:

31 Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. (Numbers 35) 

33 So ye shall not pollute the land wherein ye are: for blood it defileth the land: and the land cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it.34 Defile not therefore the land which ye shall inhabit, wherein I dwell: for I the Lord dwell among the children of Israel. (Numbers 35) 

There is much in Scripture to consider when working out the idea of offering leniency for repentance. This is not a simple matter, and different points of view should be consulted. 

For a perspective in support of the flexibility of capital punishments (save murder), see pages 16-27 of Is the Death Penalty Just? by Phillip G. Kayser. For a perspective against the flexibity of capital punishments, see pages 251-254 and 258-261 of No Other Standard: Theonomy and its Critics by Greg L. Bahnsen.

Notes

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[1] Henry Bullinger, "The Second Decade: The Sixth Precept in the Ten Commandments," in The Decades of Henry Bullinger: The First and Second Decades, ed. Thomas Harding, trans. H. I. (Cambridge: The University Press, 1849), 362.

[2] According to Deuteronomy 13, enticing others to serve false gods warrants the death penalty because it promotes rebellion against God: "And thou shalt stone him with stones, that he die; because he hath sought to thrust thee away from the Lord thy God, which brought thee out of the land of Egypt, from the house of bondage," verse 10. While not all damnable heresies directly promote serving false gods (such as denying justification by faith alone), they too promote rebellion against God. As such, it seems that promoting damnable heresies should likewise be punished with death.  

   

Hasty Judgment (Joshua 22:15-20)

Joshua 22

King James Version (KJV)

15 And they came unto the children of Reuben, and to the children of Gad, and to the half tribe of Manasseh, unto the land of Gilead, and they spake with them, saying,

16 Thus saith the whole congregation of the Lord, What trespass is this that ye have committed against the God of Israel, to turn away this day from following the Lord, in that ye have builded you an altar, that ye might rebel this day against the Lord?

17 Is the iniquity of Peor too little for us, from which we are not cleansed until this day, although there was a plague in the congregation of the Lord,

18 But that ye must turn away this day from following the Lord? and it will be, seeing ye rebel to day against the Lord, that to morrow he will be wroth with the whole congregation of Israel.

19 Notwithstanding, if the land of your possession be unclean, then pass ye over unto the land of the possession of the Lord, wherein the Lord's tabernacle dwelleth, and take possession among us: but rebel not against the Lord, nor rebel against us, in building you an altar beside the altar of the Lord our God.

20 Did not Achan the son of Zerah commit a trespass in the accursed thing, and wrath fell on all the congregation of Israel? and that man perished not alone in his iniquity.

Comments:

While the tribes of Israel rightfully sought to discuss the matter of the altar with their kinsmen before waging war with them, they still wrongfully assumed their guilt before giving them a hearing.

In civil matters, before judgement is made the accused should be given an opportunity to speak in his own defense (Deuteronomy 1:16, 17; Joshua 20:4; 1 Kings 3:16-28; Proverbs 18:17; John 7:51; Acts 7; 23:1-6; 24:10-21; 25:8-11; 26:1-26; cf. Deuteronomy 25:1). In this situation, the Israelites did in fact go on to allow their kinsmen to speak in their defense (which would clarify matters and show their innocence), but prior to this they judged their brethren prematurely.

In life, what is often the case is that things are not what they initially seem. And so "The one who states his case first seems right, until the other comes and examines him" (Proverbs 18:17, ESV). How often do unnecessary wars and the punishment of the innocent occur because of a failure to carefully hear what the accused has to say in his defense? "He that answereth a matter before he heareth it, it is folly and shame unto him" (Proverbs 18:13).   

  

Preparing to War with Possible Apostates (Joshua 22:9-12)

Joshua 22

King James Version (KJV)

9 And the children of Reuben and the children of Gad and the half tribe of Manasseh returned, and departed from the children of Israel out of Shiloh, which is in the land of Canaan, to go unto the country of Gilead, to the land of their possession, whereof they were possessed, according to the word of the Lord by the hand of Moses.

10 And when they came unto the borders of Jordan, that are in the land of Canaan, the children of Reuben and the children of Gad and the half tribe of Manasseh built there an altar by Jordan, a great altar to see to.

11 And the children of Israel heard say, Behold, the children of Reuben and the children of Gad and the half tribe of Manasseh have built an altar over against the land of Canaan, in the borders of Jordan, at the passage of the children of Israel.

12 And when the children of Israel heard of it, the whole congregation of the children of Israel gathered themselves together at Shiloh, to go up to war against them.

Comments:

When the Israelites part company to inhabit their respective lands, the children of Reuben, the children of Gad, and the half tribe of Manasseh build an altar by Jordan. When other Israelites hear of this, they assemble for war, mistaking it to be a rebellion against God. 

From the standpoint of these Israelites, this situation may have required them to put their brethren to the sword. As Deuteronomy 13 reads:

12 If thou shalt hear say in one of thy cities, which the Lord thy God hath given thee to dwell there, saying,13 Certain men, the children of Belial, are gone out from among you, and have withdrawn the inhabitants of their city, saying, Let us go and serve other gods, which ye have not known;14 Then shalt thou enquire, and make search, and ask diligently; and, behold, if it be truth, and the thing certain, that such abomination is wrought among you;15 Thou shalt surely smite the inhabitants of that city with the edge of the sword, destroying it utterly, and all that is therein, and the cattle thereof, with the edge of the sword.