Feb
7
The Doctrine of the Lesser Magistrates
“Use this sword against my enemies, if I give righteous commands; but if I give unrighteous commands, use it against me.” — Roman Emperor Trajan, speaking to a subordinate
In my post a couple weeks back about Romans 13 and civil government, I referred to a book called The Doctrine of the Lesser Magistrates
Though I stated portions of it in that earlier post, Trewhella provides I great summary of the doctrine at the back of the book, which I have reproduced for you below:
“The lesser magistrate doctrine declares that when the superior or higher civil authority makes unjust/immoral laws or decrees, the lesser or lower ranking civil authority has both a right and duty to refuse obedience to that superior authority. If necessary, the lesser authorities even have the right and obligation to actively resist the superior authority.
Rooted in Interposition:
Interposition is that calling of God which causes one to step into the gap — willingly placing oneself between the oppressor and his intended victim….
When it comes to the interposition of the lesser magistrate, he interposes for the people — placing himself between the unjust laws or decrees of the higher authority and the people. He also acts in defense of the rule of law. The interposition of the lesser magistrates abates the just judgment of God on nations that have impugned His law.
All Authority is Delegated:
The lesser magistrate doctrine reminds the higher authority that their authority is limited. No one who holds authority in civil government rules with autonomy. The authority they possess is delegated to them by God. Hence, all those in positions of authority stand accountable to God and are to govern according to His rule.
A tyrant is defined as one who contravenes or impugns the law of God; assaults the person, property, or liberty of the citizens; or violates the Constitution.
Primary Duty of Lesser Magistrates is Threefold:
First, they are to oppose and resist any laws or edicts from the higher authority that contravene the law or Word of God. Second, they are to protect the person, liberty, and property of those who reside within their jurisdiction from any unjust or immoral actions by the higher authority. Third, they are not to implement any laws or decrees made by the higher authority that violate the Constitution and, if necessary, resist them.
God’s Law is the Objective Standard:
The law of God is that objective standard so that men know when governments are making unjust or immoral law. The disobedience of the lesser magistrate is not subjective. He is only justified in defying the higher authority when the higher authority clearly contravenes the law of God, or makes law which is clearly an attack upon the person, liberty, or property of the people in the lesser magistrate’s jurisdiction, or makes law or policy which violates the Constitution.
The Rule of Law:
The rule of law simply stated is: the law is king. All are subject to the laws of the land, both king and commoner, both government officials and [regular] citizens, and that law is equitable to all. They formalized God’s moral law, along with biblical principles of authority and government, under what became known as “the rule of law.” This became known as the rule of law in Western Civilization for nearly 1500 years.
The rule of law is crumbling. As America collapses because it has spurned the law of God as the rule of law, we will be presented with an opportunity when godly lesser magistrates will need to stand in the gap. They will need to interpose for the sake of the rule of law, for the sake of the people they represent, and defy bad law. They will be accused by the tyrant higher authority of anarchy and destroying the rule of law, but in reality, they are the ones defending it.
The Pastors of Magdeburg:
The doctrine of the lesser magistrates was first formalized in the Magdeburg Confession by the Lutheran pastors in Magdeburg, Germany in 1550. Other Reformers built upon the doctrine.
John Knox:
The best treatise ever written on the doctrine of the lesser magistrates was by John Knox in his Appellation to the Nobility and Estates of Scotland (1558). Knox made clear that lesser magistrates are not to hide behind the excuse that they must simply obey those in authority above them. Knox stated disdainfully, “For now the common song of all men is, ‘We must obey our kings, be they good or be they bad; for God has so commanded.'”
Christopher Goodman’s How Superior Powers Ought to be Obeyed by Their Subjects and Wherein They May Lawfully by God’s Word be Disobeyed and Resisted (1558) is also an excellent work.
Rogue Lesser Magistrates:
Lesser magistrates, just like superior magistrates, can act unjustly. When they do, it is the duty of the higher magistrate, equal fellow magistrates, or even a subordinate to the unjust magistrate, to interpose and rein in that lesser magistrate. When tyranny presents itself, almost never do all the lesser magistrates stand and resist, whether the oppression and tyranny comes from the higher magistrate or from other lesser magistrates. Even when some lesser magistrates take a stand, usually the majority will go along with the tyranny.
The Tyrannical Higher Magistrate:
The higher authority likes to be obeyed. The lesser magistrates and the people must understand that when they interpose against unjust law, there will be a fight. Their reputation will be maligned, and they could end up imprisoned or abused in some fashion by the higher authority. A governing official needs to understand that they act not for glory or political ambition — rather they do so because it is the right thing to do in the sight of God.
The Role of the People:
The role of the people in applying the lesser magistrate doctrine is to remonstrate before the lesser magistrate, and rally behind him when he takes a stand. The lesser magistrates often will not act until the people plead their case, and the magistrates are assured of their support.
The Future:
When will the lesser magistrates stand in defiance of Federal tyranny? The question that remains to be seen in the events of our day is — will the lesser magistrates merely squabble with the Federal government or higher authority over matters of dispute, or will they stand resolute in opposition to their abuse of power? Lesser magistrates today need to understand that state governments were not intended to be mere conduits for enacting Federal public policies. They are not to be mere implementation centers through which the Federal government dispenses its unjust policies, decisions, and laws. The interposition of the lesser magistrates is absolutely critical for the preservation of liberty. The hour for them to stand is upon us.”
A few examples:
1) AD 40: When Publius Petronius was governor of the Roman province of Syria, Emperor Caligula instructed him to convert the Jewish Temple in Jerusalem into an imperial shrine with an enormous statue of the emperor in the guise of the Romans’ supreme god Jupiter. Before Petronius left for Jerusalem, tens of thousands of Jews remonstrated before him (first in Ptolemais, then in Tiberias) for several weeks, explaining via delegations why they would rather die than cooperate with this decree. (Such a statue would, of course, be considered an abomination and an affront to God’s law.)
Originally resolute and angry, Petronius was moved by their reasons and passion. He eventually withdrew his forces and bought some time by sending an appeal to the emperor. The Jews left, and when Petronius asked them to return, he had 12,000 Roman troops at his back. After warning of Caligula’s imminent wrath, he surprised everyone by stepping between the soldiers and the Jews and giving a speech explaining his respect for them and that he would rather bear Caligula’s wrath himself than see any of them harmed. Caligula reportedly instructed Petronius to carry out his original instructions, then followed it up with orders for Petronius to commit suicide. Fortunately, news of Caligula’s assassination arrived before the suicide order.
2) A couple specific cases from recent years: a) In Jan. 1989, LVPD officer Chet Gallagher refused to arrest pro-life activists for supposed “acts of lawlessness” in front of an abortion clinic. Instead, he parked his police motorcycle and in full police uniform joined those blockading the doors. In a statement to the press, he emphasized his “sworn responsibility to protect human life.” b) In 2015, Kim Davis, then the clerk for Rowan County, KY, famously refused on biblical grounds to issue marriage licenses for same-sex couples. Of course, she was pilloried by the press, jailed, sued, and voted out of office.
3) Additional examples: a) Various states have determined to defend their borders against illegal immigration, despite Federal mandates. b) Several states defunded Planned Parenthood of all tax dollars, while “progressives” in the Federal government fight/fought to give PP (and similarly-minded orgs) hundreds of millions of taxpayer dollars for their barbaric practices. c) Lesser magistrates in some states have passed Firearms Freedom Act legislation, which interposes against bad Federal law and policy that undermine Americans’ 2nd Amendment rights. d) The Attorney General of Illinois ordered the Illinois State Police to make public the names of gun owners. Lesser magistrates in that agency refused to do so, resulting in ongoing legislative and court fights between the lesser and higher authority.
We must pray for brave magistrates that recognize and accept their duty to maintain the “rule of law”, to stand in the gap against unjust and immoral laws and on behalf of those who are or would be wronged by such laws. We the people must also do our duty to petition our grievances and support those magistrates who dare to defy tyranny.
