from his subjects so long as the empire and electors recognize him as emperor, and do not depose him. Many^ an emperor and prince breaks all God's commandments and still remains emperor and prince, and yet his obligation and oath to God are far higher than to men. If the mere fact that the emperor does wrong were sufficient reason why a subject should set himself against him, then there would be a reason for re- sisting him every time he does anything against God; that would mean that there would be no government and no obedi- ence in the world, for every subject could all^e that his ruler was acting against God.
The civil and canon laws do not regard government as a divine institutio n, and, perhaps, for this very reason they think so much of the oath that in such a case' they would check and resist the government. But since the emperor remains an emperor and the prince remains a prince, even though he break all God's commandments, nay, even though he were a heathen, therefore he is emperor even though he break his oath, until he is deposed and ceases to be emperor. Therefore the word of Christ must stand, "Render unto Caesar the things that are Caesar's," * and the saying of I Peter 11, "Honor the king" also, for we should be subject with all fear not only to good and pious masters but also to wicked and uncouth ones. In a word, not sin but punishment puts an end to government and obedience, i,e,, if the empire and the electors agree to de- pose the emperor, so that he ceases to be emperor. Otherwise, so long as he goes unpunished*' and continues to be emperor no one ought to refuse him obedience or to resist him, for that is the beginning of mob rule and sedition and dissension.
Wherefore the legal maxim, "vim vi repellere licet,"" that is, force may be resisted by force, does not help them, for these sayings do not apply as against the government, nor, indeed, do they apply to equals if they are other subjects, except in case of necessity or self-defence. And against them stand 1 other l^^l sayings, as "No one should be judge in his own i j cause," * and "Who strikes back is in the wrong." . . .
^Dietrich vyl; Cochlaeus wohl, * Underlined in Dietrich's copy.
- /.#., in case the oath were broken. ^Corpus juris. Digest Hb, 43, c 16, {27.
• Matthew xxii, 21. •Codes Justimmi, lib. Bi. tit. 5.
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