A CHARGE FOR CHRISTIAN COUNCILS OF JUDGMENT



I Corinthians 6:1-8

"Dare any of you, having a   matter against another, go to  law before the unjust, and not before the saints? Do ye not know that the  saints shall judge the world?  and if the world shall be judged by you, are ye         unworthy to judge the  smallest matters? Know ye not that we shall  judge angels? how much more things pertaining to this life? If then ye have judgments  of things pertaining to this life,  set them to judge who are  least esteemed in the church.  I speak to your shame. Is it  that there is not a wise man  among you? no, not one that shall be able to judge between  his brethren?  But brother goeth to law  with brother, and that before  the unbelievers.  Now therefore there is  utterly a fault among you…"
 

John Calvin's Commentary on this Scripture

"If any one has a controversy with a  brother, it ought to be decided before godly judges, and that it ought not to be before those  that are ungodly…But here it may be objected: "As it belongs to the office of the magistrate, and as it is  peculiarly his province to administer justice to all, and to decide upon matters in dispute, why should not even unbelievers, who are in  the office of magistrate, have this authority,  and, if they have it, why are we prevented  from maintaining our rights before their  tribunals?" I answer, that Paul does not here condemn those who from necessity have a  cause before unbelieving judges, as when a  person is summoned to a court; but those who,  of their own accord, bring their brethren into  this situation, and harass them, as it were, through means of unbelievers, while it is in their power to employ another remedy. It is  wrong, therefore, to institute of one's own accord a law-suit against brethren before  unbelieving judges. If, on the other hand, you are summoned to a court, there is no harm in  appearing there and maintaining your cause... Here we have an  argument from the less to the greater; for Paul,  being desirous to show that injury is done to  the Church of God when judgments on  matters of dispute connected with earthly  things are carried before unbelievers, as if  there were no one in the society of the godly  that was qualified to judge, reasons in this  strain: "Since God has reckoned the saints  worthy of such honor, as to have appointed  them to be judges of the whole world, it is  unreasonable that they should be shut out  from judging as to small matters, as persons  not qualified for it." Hence it follows, that the       Corinthians inflict injury upon themselves, in resigning into the hands of unbelievers the  honor that has been conferred upon them by  God... What he finds fault with in the Corinthians is  simply this, that they carry their disputes  before unbelieving judges, as if they had none in the Church that were qualified to pass judgment, and farther, he shows how much  superior is the judgment that God has assigned  to his believing people... As, then, we do not detract in any degree from the  authority of the magistrate by having recourse         to arbitration, it is not without good reason  that the Apostle enjoins it upon Christians to  refrain from resorting to profane, that is,   unbelieving judges. And lest they should allege that they were deprived of a better remedy, he directs them to choose out of the Church arbiters, who may settle causes  agreeably and equitably. Farther, lest they should allege that they have not a sufficient  number of qualified persons, he says that the  meanest is competent to discharge this office... I think I have faithfully  brought out the Apostle's intention -- that the  lowest among believers was preferred by him  to unbelievers, as to capacity of judging...  it  appears [from early Christian literature] that the bishops were accustomed to sit at certain hours to settle disputes, as if the Apostle had been referring to them here. As,  however, matters always become worse, there  sprang from this error, in process of time, that  jurisdiction which the officials of the bishops  assume to themselves in money matters. In  that ancient custom there are two things that  are deserving of reproof -- that the bishops  were involved in matters that were foreign to their office; and that they wronged God in  making his authority and command a pretext  for turning aside from their proper calling. "
 

The Historical Context

The Apostle Paul wrote his directives in an historical context in which Jews maintained national and local Sanhedrins for the adjudication of legal and religious questions.  Such councils date back at least as far as Moses (Exodus 18:25, Numbers 11:17, Deuteronomy 16:18).  The Columbia Encyclopedia describes the Sanhedrins at the time of the Apostle Paul thus: "Sanhedrin, ancient Jewish legal and  religious institution in Jerusalem that appears to have  exercised the functions of a court between c.63 B.C.  and c.A.D. 68. .. Some scholars maintain that there probably were two Sanhedrins-one political and civil, and the Great Sanhedrin, purely religious."  Alfred Edersheim describes the local Sanhedrins as follows: Jews "would avail themselves of the opportunity for bringing any case that might require legal decision before the local Sanhedrin".  The Encyclopedia Britannica describes them this way: "any of several official Jewish councils in Palestine under Roman rule,  to which various political, religious, and judicial functions have been attributed. Taken from the Greek word for council (synedrion), the term was apparently applied to various bodies but became especially the designation for the supreme Jewish legislative and judicial  court—the Great Sanhedrin, or simply the Sanhedrin, in Jerusalem. There were also local or provincial sanhedrins of lesser jurisdiction and authority."
 

A Charge to Keep

God commands Christians to seek Christian judges, and this implies the duty of the Christian community to establish appropriate councils for judgment.  Ideally, such Christian judges and rulers handling non-religious questions would be the civil magistrates.  As we read in Psalm 2:8-11, "I shall give [thee] the heathen [for] thine inheritance, and the uttermost parts of the earth [for] thy  possession. ..  Be wise now therefore, O ye kings: be instructed, ye  judges of the earth. Serve the LORD with fear…"  It is to our shame that today our civil judges and rulers predominantly consist of unbelievers and heretics who do not base their judgments upon the laws of God.  But even in circumstances where God has providentially placed unbelievers or heretics as our civil judges and rulers, Christians are charged with seeking Christian judges to adjudicate their disputes, especially with other professing Christians.  As Calvin notes, we should "choose out of the Church arbiters".  Such Christian councils of judges prepare the Christian community for the time when God hands the civil magistracy over to us.
 

A Specific Proposal

In light of our charge to keep, reformed Christians should establish a council of judges for  the US and Canada.  The requirement for voting for council members or holding council office would be full subscription to the original Westminster Confession of Faith and the Three Forms of Unity .  These standards accurately summarize the reformed, Biblical doctrines taught in scripture.   Both voting and holding office  would  be limited to male communicant members of churches with such a doctrinal subscription.  Such a council would adjudicate non-religious disputes, similar to the manner a Presbyterian synod or presbytery  would adjudicate religious disputes.   As circumstances permit, it would establish local or regional councils to be the courts of first resort. It would serve as the political wing of the reformed Christian movement, just as the church serves as its ecclesiastical wing.  Therefore, it would be inappropriate for ministers to serve on its councils, even though the church synod or presbytery could advise it when appropriate.  Council members could choose among themselves a council president (or moderator) and clerk, but all council members would have an equal vote on matters before it.

We can well learn from God's instruction to Ezra during a time when the heathen controlled the civil magistracy of the Persian Empire: "And thou, Ezra, after the wisdom of thy God, that [is] in thine hand, set magistrates and judges, which may judge all the people that [are] beyond  the river, all such as know the laws of thy God; and teach ye them that know [them] not." (Ezra 7:25)
 
 

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