The Nature and Extent of the Office of the Civil Magistrate
Acts 18:12-17
And when Gallio was the deputy of Achaia, the Jews made insurrection with one accord against Paul…


If it were a matter of wrong or wicked lewdness, O ye Jews — if you would accuse this man of any injustice whereby he had invaded anyone's right and property, or could lay to his charge any other villainous action done with a mischievous design, and whereby he had disturbed the public peace — reason would that I should bear with you. I should then be obliged by the duty of my place to take cognisance of your matter. But if it be a question of words, and names, and of your law; if the controversy, as it seems to me, be not about civil but religious matters, as about the Word which Paul preached, and the truth of that Word, and whether it be agreeable to your law — it is none of my business to determine such disputes. And this was a wise answer, and showed that he was well acquainted with the nature and extent of his office; and he was too good a man to lift himself in any party, and to abuse the power which was lodged in his hands by applying it to purposes foreign to the original design of it. The words thus opened, naturally lead me to treat of the nature and extent of the office of the civil magistrate.

I. Then let us consider THE END AND DESIGN OF CIVIL GOVERNMENT. It is plain that civil government was instituted for the preservation and advancement of men's civil interests, for the better security of their lives and liberties and external possessions. Men soon became sensible of the necessity of civil government for these ends, from the inconveniences they suffered by a private life independent on each other. The proper business of the magistrate is to preserve the external peace and the temporal good of the community; to protect every man in his just right and property (1 Thessalonians 4:6). But then it is to be considered that these transgressions are subject to be punished by the civil magistrate in a civil capacity only, and not in a religious one. They fall under his cognisance, as they are injurious to men's civil interests, and not as they have an inherent turpitude in them, and are transgressions of the Divine law; for in that capacity, I conceive, they are out of the magistrate's power, and not cognisable before any courts of human judicature. The not observing this distinction has introduced no small confusion in this subject. But because those vices which are so many transgressions of God's laws have also a natural tendency to injure our neighbour in his civil interests, and to disturb the good order and government of the world, therefore it unavoidably happens that the magistrate, in the due execution of his office, does indirectly intermeddle with religion. But though we cannot actually separate the ill influence any vice has upon the society we live in, from its being a transgression of some Divine law, yet in our minds we may make this separation, and consider every vice as a mixed action, as a transgression of the laws of man, and of the laws of God, In the first capacity only it is subject to human judicatures; in the second, it is cognisable only before the tribunal of heaven. For this reason, because vice and wickedness are punishable by the civil magistrate only upon a civil account, sins are differently estimated and differently punished by human and by Divine laws. Human laws make an estimate of sins from the damage they do to private persons, or to the public good, and inflict the greatest punishment upon those sins which are most injurious in this respect. And, therefore, if there be any sins wherein society is no way concerned, which it neither feels nor is affected with, the magistrate has nothing to do with punishing them. Consequently, secret intentions and designs of wickedness, treasonable thoughts, rebellious wishes, and seditious purposes, if they never break out into acts, can never be liable to civil punishments. But with regard to the laws of God the case is far otherwise. He takes an estimate of our sins by other measures, from those degrees of light and knowledge against which the offence was committed, and often punishes those sins most which are least, or not at all, censured by the civil power. Thus anger and revenge with Him is murder, and lustful thoughts and desires, adultery. And other actions there are which, though justly punishable by the civil power, are in their own nature guiltless, and do not displease God, but by being trangressions of that general law, of paying all due obedience to those whom He has set over us.

II. THE END AND DESIGN OF RELIGION. Though religion is a great friend to civil government, and the practice of the duties which that enjoins tends very much to our present happiness, and makes this world a much more easy place than it would be without it, yet all this is but remotely the effect of religion, and makes no part of its main and principal design. Religion, in a true sense, and as the word itself imports, is an obligation upon us to God. And, therefore, though men formed themselves into societies for civil reasons, they did not do it upon any religious account; because religion as it relates to God is transacted between a man's self and God, and is what nobody else is concerned in. So that it is neither necessary in itself nor essential to true religion that great numbers of men should meet together and be incorporated in societies for the better discovery, or the more due exercise of it. Hence it is that they who lived before the institution of civil governments, or the foundation of commonwealths, were as famous for their piety and religion as any who have been since. In this state of nature, I mean before the institution of civil government, religion, as it related to God alone, had no other hold upon men but from the fear and reverence of God, and was a perfect stranger to all human power and outward force. In this state no man whatever could require me to conform to his judgment on religious matters, nor could I require him to conform to mine. This was the case of religion in a state of nature. Let us next see whether any alteration was made in this case by the institution of civil government. Now since those wrongs which men daily received from one another, and which first moved them to eater into societies, did not affect their religion, but their lives, and liberty, and goods, it follows that when they waived their natural freedom, and combined together, they did not at all submit themselves in religious matters to the will of the civil magistrate, as they submitted their persons and properties to be disposed of by him for the obtaining the end of society, the mutual defence and preservation of one another. Men cannot abandon the care of their souls as they may that of their bodies and estates, and blindly leave it to the magistrate to prescribe what faith or worship they shall embrace. And therefore the magistrate ought not to insist upon terms of purely a religious nature with those who are under his government, or exercise his power and authority over them in this respect. This will quickly appear by taking a view of the chief and principal parts of religion. To begin, then, with morality and virtue, which, though unhappily distinguished from religion, are the chief and main things wherein it consists. These are founded in the eternal nature of things, whereby some things are evidently fit, and others as evidently unfit to be done whatever the consequence of them be here. This being plainly the nature of things, we justly conclude it to be the will of God who made us what we are, and put this difference between some things and others, that we should observe this difference in oar actions. And herein we are to be directed by our own reason or conscience: we are accountable to God alone. But what if anyone upon pretence of conscience, and to show his liberty, should commit any matter of wrong or wicked lewdness, invade anyone's property, or disturb the public peace? Why, then, I say, no pretence of religion or conscience can screen him from the civil power. He ought to be restrained and punished. But then he does not suffer upon a religious, but upon a civil account. If we place religion in the belief of any set of doctrines, here, too, every man must judge for himself. The magistrate has nothing to do to interpose in this case, to apply force of any kind to bring men over to any particular persuasion. The peace and good order of society are the only points which he is to take care of, and since these are as consistent with men's holding different opinions in religion, as they are with their being of different sentiments in other matters, the magistrate is no more concerned to intermeddle in religious disputes than he is in those of philosophy, law, or physic. Indeed, if men hold any opinions in religion which are destructive of the peace and quiet of the world, and act in persuance of these opinions, their actions then are of a civil and not of a religious nature, and they render themselves obnoxious to the civil power. For the magistrate to interpose and make himself a judge and an avenger in affairs which are purely of a religious nature is to trangress the bounds of his duty and to invade the prerogative of God; it is to judge and misuse the servants of another master who are not at all- accountable to him. For nothing can be more clear and certain than that as religion has God only for its Author, so it is properly His care and concern only. But such attempts as these are not only wicked and unjust, but very foolish and fruitless, as will appear if we consider that the nature and the virtue too of all religion consists in a free choice, in the consent of our minds, in the sincerity of our hearts, in our being fully persuaded of the truth of what we believe, and of the goodness of what we practise. But of what use can human laws, enforced by civil penalties, be in all this? They may make me do things which are in my power, and depend upon my will; but to believe this or that to be true is not in my power, nor depends upon my will, but upon the light and evidence and information which I have. And will civil discouragements, fines, stripes and imprisonment enlighten the understanding, convince men's minds of error, and inform them of the truth? Can they have any such efficacy as to make men change the inward judgment they have framed of things? Nothing can do this but reason and argument. And therefore if the magistrate interposes here, and either chooses a religion for me, or forces me to practise that which I have chosen with temporal rewards and punishments, he destroys my religion and spoils the virtue of whatever I do under that name. But, further, as religion consists in such a belief and practice, as we in our consciences are persuaded to be best and most acceptable to God, as it lies in the integrity of the heart, so it can be subject only to the judgment of the great God whose prerogative it is to be a searcher of the heart and a fryer of the reins; who sees the secret springs of our actions and knows our thoughts and intentions afar off. Upon which account no man upon earth can be a judge in religious matters, nor take upon him the cognisance of this cause. By this time I hope it appears that Gallio acted wise and conscientious part in this affair. For most certain it is, that the duty of the magistrate is confined to the care of the civil and temporal good of his people, and does not extend to their spiritual and eternal affairs. It is nothing to him what false and erroneous opinions men hold, what ridiculous and absurd doctrines they profess, or, in a word, what they believe or disbelieve in religion, so long as hereby they do no prejudice to their neighbour, nor make any alteration in men's civil rights, nor disturb the public peace and quiet. But here it may be objected, Is the magistrate to show no zeal for the honour of God and the authority of His laws? To this I answer, that since God, who is most certainly the properest Judge in this case, and best knows what are the fittest means to be made use of for these ends, has not thought fit to enforce His laws with any other sanctions but the rewards and punishments of a future and invisible state, nor to promote His honour and true religion by any other motives but these, what authority has any man to make any alteration in what God has established, and to enforce His laws with any other sanctions than what He Himself has appointed? And as to true religion and a right belief, every man is orthodox to himself, and thinks his own religion to be true; and, therefore, if this be any argument why the magistrate should use force in promoting his own religion, it will plead as strongly for false religions as for the true one. As for God's honour, He Himself is the best guardian of it, and will most certainly take care of it in His own time and way, for He is a jealous God. But then I add, that for men to be restrained from these vices by the power and authority of the civil magistrate, and out of fear of his sword, is no honour to God whatever it may be to Caesar. To conclude: Since religion and civil government are, in their original, and business, and in everything else belonging to them, thus perfectly distinct and entirely different from each other, it would put an end to many controversies, and make very much for the peace and quiet both of Church and State, if men would observe this distinction, and each party would keep within their respective bounds. This would hinder them from clashing and interfering with one another, and would prevent those heats and animosities, those acts of violence and rapine, cruelty and oppression that have abounded in the Christian world upon account of religion. And let the magistrate, too, confine himself to his own proper business and attend to the worldly welfare of the commonwealth, and instead of exercising his power in binding other men's consciences by human laws, let him take care to conform his own conscience to the laws of God, and direct all his counsels and endeavours to promote universally the civil welfare of all his subjects. And let him not think that he bears the sword in vain unless he employs it in the cause of God and religion. It was not put into his hands for this use, nor can it be applied to this purpose with any good effect.

(B. Ibbot, D. D.)



Parallel Verses
KJV: And when Gallio was the deputy of Achaia, the Jews made insurrection with one accord against Paul, and brought him to the judgment seat,

WEB: But when Gallio was proconsul of Achaia, the Jews with one accord rose up against Paul and brought him before the judgment seat,




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