01.09. Question 09

Question 9. Whether subjects can contract with their rulers? An answer must now be given to those who are of opinion that it is not proper for subjects to contract with their superiors. I therefore begin by asking upon what foundations they rest. For if we are to proceed by means of arguments, what sufficiently convincing arguments, I ask, will they adduce it is characteristic of subjects, they declare, to depend upon the authority and commands of their rulers, not contrariwise. It follows therefore that subjects can indeed lay their complaints before their rulers in a modest and respectful way and frankly offer then their advice if they are asked for it, but that they can in no way go beyond that. I answer that subjects may not at all approach their magistrates whether subordinate or supreme, except with the greatest respect, and this not merely for fear of their indignation, but also for conscience sake, as the Apostle teaches1 , since this authority has been instituted by God. But I refuse to admit that such a conclusion may be drawn from that premise, namely that as often as it concerns political affairs and, as the saying goes, affairs touching the constitution of the kingdom, the subjects, when they have discreetly and respectfully brought to the notice of the ruler what they regard as just and fair and in accordance with the laws under which he was elected and appointed, should forthwith of necessity completely subject themselves to his will and should utterly and without any reserve whatever obey what to him has been subjected to limitations. May indeed, on the contrary, I boldly maintain that he suffers no injustice if he is constrained to his duty and if, when no further room is left for (an appeal to his) reason, an even more drastic procedure against him is followed, for since the administration (of the kingdom) has been entrusted to him only upon specified condition, we should not in the least judge that the new covenants are being concluded with him whenever he is called upon either to ratify previous condition and to observe them in the sequel or to leave room to another who seems more likely to be concerned about their observance. And if this must needs be established by means of example, I thank that a sufficient number has been adduced by me above by which it has been abundantly established that the proposition of those who dare maintain that the mere will as such of their king should suffice for all subjects, cannot rest upon or be defended by means of any rational argument, or any practice or any experience of a well-ordered monarchy. Question 9 notes.

Question 9. Whether subjects can contract with their rulers?

1. Romans 13:5