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On the Law in General
On the Law in General is a single chapter of Girolamo Zanchi's Tractatus de Redemptione, part of what has been called an unfinished Protestant "summa" akin to that of Thomas Aquinas. In this selection Zanchi examines the relationship of the natural law to human law, church tradition, custom, divine laws, and the Mosaic law, offering a rigorous analysis of the nature of law in general, constituting a seminal work in early modern political and legal theory.
Contents:
Introduction by Stephen J. Grabill
On the Law in General
On the Law Through which Comes Knowledge of Sin
On Natural Law
On Human Laws
On the Traditions of the Church
On Custom and Title
On Divine Laws
On the Laws of the Jewish State
On the Ceremonial Laws
Contents:
Introduction by Stephen J. Grabill
On the Law in General
On the Law Through which Comes Knowledge of Sin
On Natural Law
On Human Laws
On the Traditions of the Church
On Custom and Title
On Divine Laws
On the Laws of the Jewish State
On the Ceremonial Laws
- GenresTheologyPhilosophy
140 pages, Paperback
First published January 1, 2012
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Displaying 1 - 10 of 10 reviews
November 28, 2021
It is wonderful to have this portion of Zanchi’s work translated into English. In this book we get a look at the very clear and well-articulated and argued thought of an early Reformed theologian (1516-1590) on the three-fold division of the Law: Divine Law, Natural Law, and Human (or Political) Law. Zanchi’s views need to be studied today, and provide a helpful reminder of how early Reformed theologians approached these issues. It is worth noting the supreme importance of Natural Law in this work. Though Zanchi has some views on post-Fall Natural Law in man which might appear odd, his basic understanding of the relationship of Natural Law to Divine Law and Human Law, and of the nature, role, and use of Natural Law just is traditionally Christian.
June 4, 2022
This book is very strong in terms of understanding what is and what is not a just law that requires our obedience. Unlike modern evangelicals, the Reformers - following Augustine and Thomas Aquinas - thought deeply about these issues, and made careful distinctions that glib people just do not get.
May 24, 2025
Zanchi, Girolamo. On the Law in General. Tans. Jeffrey J. Veenstra. Sources in Early Modern Economics, Ethics, and Law. Grand Rapids, MI: CLP Academic, 2012.
This volume in the Sources in Early Modern Economics series is a chapter from Zanchi’s longer work, Tractatus de Redemptione. Each chapter contains a number of theses, which is not uncommon for manuals of this type. However, since the theses in each chapter start over at “1,” I will refer to page numbers in this volume and not to the theses themselves, as that would be confusing.
There is an initial difficulty in this work by Zanchi: he immediately tells you that natural law is effaced because of the Fall. That is a strange admission in a work set out to defend the abiding validity of natural law. And it raises an obvious problem: if the Fall erased natural law, of what use is it? Zanchi himself does not seem bothered by this apparent problem. He does address it, however.
As with many who follow in Thomas Aquinas’s wake, Zanchi argues that natural law is a principle of reason (Zanchi 15). And like Thomas, he sees three types of law in his classification: natural law, divine law, and human law (15). Divine law, one should note, applies not to the Hebrew Theocratic Republic Theonomy, but to the church. Human laws are those derived from natural law (otherwise known as equity).
Because he wants to limit natural law’s effectiveness, Zanchi is unique among its proponents (16). Moreover, it is one thing to say that everyone has natural law (or is under its judgment); Zanchi takes it a step further: not everyone has natural law equally. This explains the difference between Cicero and other pagans.
Natural has three aims: to teach the good, to obligate, and to convict (17). Regarding and defining the good, it is the glory of God and public and private order.
When we discuss natural law, we need to think, as did our older and wiser fathers, in terms of genera and species. Natural law is generic. Human law, even many divine laws in the Old Testament, are specific. Thus, if one asks, “Where does natural law give the just punishment for x?,” he misses the point. The genera often does not give the punishment. That is usually left to equity. Conversely, many Old Testament judicial laws are quite specific (e.g., pick up a bird nest on the road). They really cannot function as universal norms. A specific case is not a universal principle. That is why you have to go to equity. You have to use natural law.
Zanchi then proceeds to discuss traditions and customs in the church. He ends the volume with a summary of the tripartite distinction.
Conclusion
This volume’s short size (under one hundred pages) lends to its usefulness. It is not the final say in natural law and I am sure some are better. For one, I think Althusius is more useful, but many of Zanchi’s discussions are quite fruitful.
This volume in the Sources in Early Modern Economics series is a chapter from Zanchi’s longer work, Tractatus de Redemptione. Each chapter contains a number of theses, which is not uncommon for manuals of this type. However, since the theses in each chapter start over at “1,” I will refer to page numbers in this volume and not to the theses themselves, as that would be confusing.
There is an initial difficulty in this work by Zanchi: he immediately tells you that natural law is effaced because of the Fall. That is a strange admission in a work set out to defend the abiding validity of natural law. And it raises an obvious problem: if the Fall erased natural law, of what use is it? Zanchi himself does not seem bothered by this apparent problem. He does address it, however.
As with many who follow in Thomas Aquinas’s wake, Zanchi argues that natural law is a principle of reason (Zanchi 15). And like Thomas, he sees three types of law in his classification: natural law, divine law, and human law (15). Divine law, one should note, applies not to the Hebrew Theocratic Republic Theonomy, but to the church. Human laws are those derived from natural law (otherwise known as equity).
Because he wants to limit natural law’s effectiveness, Zanchi is unique among its proponents (16). Moreover, it is one thing to say that everyone has natural law (or is under its judgment); Zanchi takes it a step further: not everyone has natural law equally. This explains the difference between Cicero and other pagans.
Natural has three aims: to teach the good, to obligate, and to convict (17). Regarding and defining the good, it is the glory of God and public and private order.
When we discuss natural law, we need to think, as did our older and wiser fathers, in terms of genera and species. Natural law is generic. Human law, even many divine laws in the Old Testament, are specific. Thus, if one asks, “Where does natural law give the just punishment for x?,” he misses the point. The genera often does not give the punishment. That is usually left to equity. Conversely, many Old Testament judicial laws are quite specific (e.g., pick up a bird nest on the road). They really cannot function as universal norms. A specific case is not a universal principle. That is why you have to go to equity. You have to use natural law.
Zanchi then proceeds to discuss traditions and customs in the church. He ends the volume with a summary of the tripartite distinction.
Conclusion
This volume’s short size (under one hundred pages) lends to its usefulness. It is not the final say in natural law and I am sure some are better. For one, I think Althusius is more useful, but many of Zanchi’s discussions are quite fruitful.
April 23, 2022
A helpful, short introduction to the various types of law, including natural law, civil laws, customs, traditions, etc. He lays the groundwork for how a law is to be implemented and when a particular law can be done away with. All in all a good book.
June 15, 2022
Absolutely fantastic. Lives up in every way to its moniker "the Protestant Summa" (of which this book is just a part). Reformed Protestants would do well to recover Zanchi's legal and natural law reasoning.
November 15, 2022
Zanchi was a 17th c. Reformed scholastic theologian. The work starts with a series introduction by Stephen Grabill and Jordan Ballor and an introduction to this work by Stephen Grabill. Zanchi's divided this work into 8 chapters. Zanchi is idiosyncratic in a few places (supposed voluntarism and post-Fall reinscription of the law), Brad Littlejohn's lecture contrasting Zanchi, Hooker and Aquinas was extremely helpful in understanding Zanchi. (https://www.researchgate.net/publicat... –paper, https://www.youtube.com/watch?v=nBsum... –lecture)
It must be noted at the outset, Zanchi does not disagree explicitly with many of the ancient, medieval and pagan sources he quotes. He roots himself staunchly in the Great Tradition of those before him. His entire work is filled with references to Aquinas, Augustine, Cicero, Aristotle, Gratian, Isidore, Tertullian, and Justinian.
He presents his arguments in the form of theses, following loosely, the scholastic method.
Ch 1– On The Law Thorugh Which Comes Knowledge of Sin
The law itself, its classifications, and its functions.
Thesis 1: all laws have 2 chief functions: what should be done/avoided and obligating them to do/avoid the same. - teaching and obligating/commanding
What is it that the law teaches and obligates?
Thesis 2: the most important things that the law teaches and commands are: to render to God what is God’s and refuse not my neighbour what he deserves.
Justice is the basis for all laws; what is justice? Justinian -"constant and consistent desire to give fairly to all what they deserve. Greeks - customary allotment - it "allots" the roles and duties for all people. Any action that contradicts this is a sin.
Thesis 3: the goal of all just laws: is primarily the glory of God; then the good of one’s neighbour, privately and most importantly publicly.
As the basis of law is fairness; nothing is more demanding of fairness than God’s glory. We must also be concerned with the common good of those around us. Why do magistrates enforce laws?- 1 Tim 2:2; Rom 13:4.
Thesis 4: God is the primary origin and source of just laws.
Per Zanchi, the will of God is the source of all laws. He employs typology for justification: Human laws - will of human beings; Divine law - will of God. Aquinas identified the wisdom of God as the source of laws. In creation, God imbued creation with wisdom, and we are to follow the inward "pattern" (directing to a 'telos') that we have been designed with. While it might seem on the surface that Zanchi and Aquinas are in disagreement, later Zanchi is explicit that the will of God and the wisdom of God are identical (per divine simplicity), hence the difference is minimal.
If the earth is governed by divine providence; then just laws necessarily come from God. Cites Augustine and Aquinas on eternal law. Eternal law is the “most perfect embodiment of reason” and by this reason, God rules the world. This reason was imparted to human beings, by which we rule our activities, from which our laws are derived.
This is knowable through reason apart from faith. Hence, in his thesis itself, Zanchi mentions that Cicero concurs with Augustine on the source of all just laws. Zanchi's use of Scripture strengthens and illumines what was already knowable through reason.
Thesis 5: combines the 4 theses; the law is the eternal revelation of God’s will through which he teaches…
How is this will revealed?
Thesis 6: God doesn’t reveal his will the same way for everyone; for some with words spoken or written (Adam, Abraham, Moses); for others (I believe he refers to the pagans) through neither the written Word nor his direct interaction.
Then how do they come to the knowledge of the law? through nature: for it is inscribed in their conscience. It is interesting to note that Zanchi includes pagans in the list of scholars (Solon, Lycurgus, Romulus, Numa) who were ‘stirred’ by God for this purpose.
Thesis 7: by virtue of the variety of people and methods by which the law has been revealed; he divides it into NL, human law/law of nations and divine law.
NL applies to all people. It is inscribed on every heart by God at birth. A novelty with Zanchi is that he held that with the Fall, the law on the heart was erased and thus, has to be rewritten by God. This is apart from regeneration. After the Fall, borrowing Littlejohn's illustration, the knowledge of the law fell to 0 from 100, and then it was rewritten by God to 50.
Divine laws are “specifically” for the church, says Zanchi. Human laws apply to the people who derive them from NL. The church follows NL alongside divine laws and human laws that are justly derived from NL.
Ch 2– On NL
Quotes Justinian, as a jurist definition of NL: nature as it is common to all animals, not just human beings. Hence NL is mating, reproducing, and rearing children; all animals are bound by these laws.
Theologians - restrict NL to human nature; these laws are common to all people as human nature is common to all - jurists call this the law of nations(not jus gentium, but rather ius civile).
NL has three levels (follows Aquinas here):
1. To protect ourselves. A healthy lifestyle is encouraged. This trait we share with all living things.
2. To propagate our species through the procreation and rearing of young ones. Common with animals.
3. To know and worship God, and to form communities to promote the common good. Exclusive to human beings.
Why is anything that contradicts “natural” law sinful? He turns to Aquinas: Vices are unnatural and virtues are natural. Thus any law that contradicts NL is evil and should not be followed.
Before the Fall - "Divine will and the precepts for doing some things and avoiding others had
been co-created with Adam when the image of God was breathed into him. Thus, before sin, this spark of reason had been perfectly placed inside human beings." - One finds Zanchi to be in agreement with the Thomistic tradition; that the NL was co-created with Adam, i.e. with our nature. It follows thus, that a violation of our nature is sin. This again dispels the caricature that Zanchi is a voluntarist.
After the Fall, the first and second layers have become corrupt, and the third has become absolutely corrupt. God needs to write this NL back again in our souls. The reason is that in place of NL, another law has crept in: the law of sin and death.
NL is common in that, it is "human beings’ shared knowledge, judgment, and perception by which all people without distinction pondering their actions in their hearts either condemn or absolve themselves. This perception also comes from God when he speaks or inscribes his judgments in the hearts and minds of human beings."
Thesis 8: Zanchi gives the most comprehensive definition of NL, pulling together all the threads. "will of God"; "divine rule and [common] principle"; "knowledge of fair or unfair"; "inscribed by God on all people after the Fall"; "universally taught and obligated for the glory of God" and the common good.
Zanchi lists four reasons for his position that NL is not found in our nature, but rather in God's reinscription of the law of nature in us. But his first three points become moot with his fourth point that it is in our nature that God inscribed the law; thus he makes a full circle to his earlier point on nature. This does not necessarily imply that all our natural instincts are good and just.
The three layers of NL reveal the highest goods: protection of ourselves, propagation of our species, and the worship of God and the good of fellow human beings.
Thesis 5: Some civilizations are better than others. Despite NL being inscribed on the heart, it is unequally done so.
Basic beliefs: God exists and he ought to be worshipped. But how this is manifested is different among different civilizations; some with more light reject idolatry, whereas others worship stone and wood. He proceeds to compare different nations, on the worship of God, lying, marriage, etc.
One ought to look at its presuppositions (God exists) not the conclusions (therefore I will carve a piece of wood to worship as god).
Thesis 10: NL cannot be altered or erased.
First principles always remain unchangeable.
Ch 3– Human Laws
Human laws (HL) are derived from natural law through human reason. Divided into just (derived from NL, for the common good) and tyrannical laws (derived from self-interests for individual selfish goods).
Zanchi adds good and right customs with these laws, the reason being that these "laws" also have the force of laws. And evil customs and traditions are grouped with tyrannical laws.
Thesis 1: It is good and necessary to have laws apart from NL– political/human laws. They keep from evil and promote good, well-being, and protection of the State.
We need wise men to form laws from the NL since everyone is not able to equally understand and follow NL. NL by itself cannot punish, or push towards the good; it has no external punishments – only teaches, obliges, and accuses.
Thesis 2: The origin of all political laws, in their essence, is in NL.
Just laws → a commandment + punishment. It is a first principle that one treats another how he would want to be treated. From this first principle laws relating to murder, lying, adultery, and others are derived. Evident from NL is that sin should be punished; but is it so that one sin should be punished differently from another, be decided by lawmakers? not necessarily as some crimes like murder have been universally punished by death.
Thesis 3: HL that contradicts NL is not law
Thesis 4: THUS, we are just as subject to just political laws as we are to NL.
Just laws obligate our conscience. Two ways human laws can be unjust:
a. the promulgator does not have the authority or has the authority but orders something contrary to "public good". Even if the laws are not contrary to God's law. While they do not obligate our conscience, it is up to us to obey them – Matt 5:41.
b. If it commands that which is opposite to God. In this case, we are to disobey them.
Aquinas concurs – if contrary to the "divine good", then it ought to be resisted.
Thesis 5: The letter of the law vs. spirit of the lawgiver.
It follows from the previous thesis. We are to obey the spirit of the law.
"The argument of this thesis is clear: Laws are enacted from natural law for the common good and for the welfare of human beings, and only for as long as they do so do they have the power to obligate. If therefore, it should happen that by sticking to the letter of the law, we act against the welfare of human beings, then we have acted more against the law than in accordance with it." (37)
Thesis 6: HL and NL are different.
1. NL cannot be changed, but HL is not eternal, hence subject to change.
Objection: If HL is derived from NL, and NL is unchangeable, how can HL change? The NL element of HL is not subject to change, and the elements which differ from NL by virtue of the time period, or perhaps that which obstructs the common good, is subject to change. HL has its own circumstances, and when they change, the laws also change. But the first principles of NL do not change, as they are not subject to circumstances
HL must be "possible". By this, he means, that it must be "in accordance with both nature and the customs of the people". HL cannot prohibit all evil, but only those that can be avoided: therefore, imposing laws which may not necessarily suit the customs of the people spells disaster.
Ch 4- On the Traditions of the Church
In Ch 4 he gives a Reformed view of traditions and Scripture. I found this chapter to be rather unremarkable. Perhaps, this has to do with me, given that I wasn't expecting a chapter on church traditions in a work dealing with NL. The content was solid.
Ch 5 – On Custom and Title
Thesis 1: just titles have the power of law.
Zanchi turns to Justinian for a definition of title: "Ownership (and so all title) is the acquisition and addition of wealth through the activity of ownership as defined by the law of the land." (56).
Just title – possessed in good pretext and faith, and for span of time. It must be in accordance with the law; the principles of justice (including just war). Not sinful excuses. Secondly, in good faith, without causing injury to the other. Thirdly, possess it for the right length of time (as per the law of the land).
Thesis 2: possible to sin against custom; they gain the power of law once they are established and enforced.
What is custom? Gratian: whatever occurs in common practice done by a majority (i.e. established by traditional practice) and thus has an implicit legal sanction– considered as law when the law is deficient. Law– written down; with the approval of the people. Custom–practised; silent consent of people.
Gratian on custom: agreement with reason and practiced legitimately. Custom has to agree, as the jurists say, with "nature and the common good". Customs are good says Zanchi. But they ought not contradict the Word of God, nature or public law. "When in Rome do as the Romans do" – be in tune with the customs of a culture, insofar that they are in agreement with reason.
Conventions are practices recorded in the Scriptures, and customs are what is not described in Scriptures.
"Leviticus 18:24–30: Among the people in the Land of Canaan there was a custom of contracting many marriages that were contrary to nature—brothers with sisters, grandfathers with grandchildren. This custom, although universally permitted among these peoples, continuous from ancient days, nevertheless, the Lord condemns by enacting a law in which all those incestuous marriages are prohibited. From this we learn that anything that contradicts nature, divine, or even good human laws [208v] must not be tolerated." (64)
He cites Tertullian, to support his case that one must not reject customs that cannot be outright condemned as evil, and contrary to the common good.
There is a tension in Zanchi's writings in the last two chapters on traditions– on one hand, he does not want to concede too much to the Papists by his stress on customs, traditions and continuity, but at the same time, there is a conservative sentiment in him, Burkean one, if you will, that does not want to overthrow traditions and customs by subjecting them to individual rationality and scrutiny.
Thesis 3: A good custom annuls laws previously enacted, and is an interpreter of law.
Polygamy: while the nature of marriage of man-woman was upheld, the law that the institution is to be of one man and one woman was suspended for a period of time in the Old Testament era because a contradictory custom had developed among his people which God did not disprove explicitly.
The best interpreter of the law is custom – Justinian.
"Custom is practice in accordance with reason. It does not contradict God’s Word and is established by common practice, whose originator is unknown or at least is prescribed and established at an earlier time. It has the force of law. It cancels contradictory laws and is and ought to be the interpreter of law itself."
Ch 6 – On Divine Law
Thesis 1: three types of divine law.
The law
1. before the fall to Moses– the spoken Word of God.
2. of Moses– the Law revealed to Moses
3. inscribed by the Spirit in the hearts of the elect: the Law of the Spirit (LoS). This is different from the reinscription of the NL by God after the Fall in that NL merely shows what is right, and what ought to be pursued. The LoS not only teaches but also "moves is to obedience to God". "...the law of the Spirit is simply the will of God, impressed on our hearts through the power of the Holy Spirit."
Zanchi quotes Jer 31:33 again, insisting that the content of LoS and NL are not different. They differ in that the former is effective, the latter is not. The effectiveness is clearly taught in the latter part of verse 33 and 34.
Thesis 6: 4 categories of social relationships are reflected in the laws for governance.
the four categories is the relationship between:
1. magistrates and ordinary citizens.
2. the citizens themselves
3. the different parts of the family
4. citizens and foreigners
The whole population is divided as such, and it is necessary for effective governance that certain laws exist for each category of social relationship.
Chapter 7&8 deal with the laws of the Jewish state, and ceremonial laws respectively. Zanchi’s work on NL is short, readable, and scholastic.
It must be noted at the outset, Zanchi does not disagree explicitly with many of the ancient, medieval and pagan sources he quotes. He roots himself staunchly in the Great Tradition of those before him. His entire work is filled with references to Aquinas, Augustine, Cicero, Aristotle, Gratian, Isidore, Tertullian, and Justinian.
He presents his arguments in the form of theses, following loosely, the scholastic method.
Ch 1– On The Law Thorugh Which Comes Knowledge of Sin
The law itself, its classifications, and its functions.
Thesis 1: all laws have 2 chief functions: what should be done/avoided and obligating them to do/avoid the same. - teaching and obligating/commanding
What is it that the law teaches and obligates?
Thesis 2: the most important things that the law teaches and commands are: to render to God what is God’s and refuse not my neighbour what he deserves.
Justice is the basis for all laws; what is justice? Justinian -"constant and consistent desire to give fairly to all what they deserve. Greeks - customary allotment - it "allots" the roles and duties for all people. Any action that contradicts this is a sin.
Thesis 3: the goal of all just laws: is primarily the glory of God; then the good of one’s neighbour, privately and most importantly publicly.
As the basis of law is fairness; nothing is more demanding of fairness than God’s glory. We must also be concerned with the common good of those around us. Why do magistrates enforce laws?- 1 Tim 2:2; Rom 13:4.
Thesis 4: God is the primary origin and source of just laws.
Per Zanchi, the will of God is the source of all laws. He employs typology for justification: Human laws - will of human beings; Divine law - will of God. Aquinas identified the wisdom of God as the source of laws. In creation, God imbued creation with wisdom, and we are to follow the inward "pattern" (directing to a 'telos') that we have been designed with. While it might seem on the surface that Zanchi and Aquinas are in disagreement, later Zanchi is explicit that the will of God and the wisdom of God are identical (per divine simplicity), hence the difference is minimal.
If the earth is governed by divine providence; then just laws necessarily come from God. Cites Augustine and Aquinas on eternal law. Eternal law is the “most perfect embodiment of reason” and by this reason, God rules the world. This reason was imparted to human beings, by which we rule our activities, from which our laws are derived.
This is knowable through reason apart from faith. Hence, in his thesis itself, Zanchi mentions that Cicero concurs with Augustine on the source of all just laws. Zanchi's use of Scripture strengthens and illumines what was already knowable through reason.
Thesis 5: combines the 4 theses; the law is the eternal revelation of God’s will through which he teaches…
How is this will revealed?
Thesis 6: God doesn’t reveal his will the same way for everyone; for some with words spoken or written (Adam, Abraham, Moses); for others (I believe he refers to the pagans) through neither the written Word nor his direct interaction.
Then how do they come to the knowledge of the law? through nature: for it is inscribed in their conscience. It is interesting to note that Zanchi includes pagans in the list of scholars (Solon, Lycurgus, Romulus, Numa) who were ‘stirred’ by God for this purpose.
Thesis 7: by virtue of the variety of people and methods by which the law has been revealed; he divides it into NL, human law/law of nations and divine law.
NL applies to all people. It is inscribed on every heart by God at birth. A novelty with Zanchi is that he held that with the Fall, the law on the heart was erased and thus, has to be rewritten by God. This is apart from regeneration. After the Fall, borrowing Littlejohn's illustration, the knowledge of the law fell to 0 from 100, and then it was rewritten by God to 50.
Divine laws are “specifically” for the church, says Zanchi. Human laws apply to the people who derive them from NL. The church follows NL alongside divine laws and human laws that are justly derived from NL.
Ch 2– On NL
Quotes Justinian, as a jurist definition of NL: nature as it is common to all animals, not just human beings. Hence NL is mating, reproducing, and rearing children; all animals are bound by these laws.
Theologians - restrict NL to human nature; these laws are common to all people as human nature is common to all - jurists call this the law of nations(not jus gentium, but rather ius civile).
NL has three levels (follows Aquinas here):
1. To protect ourselves. A healthy lifestyle is encouraged. This trait we share with all living things.
2. To propagate our species through the procreation and rearing of young ones. Common with animals.
3. To know and worship God, and to form communities to promote the common good. Exclusive to human beings.
Why is anything that contradicts “natural” law sinful? He turns to Aquinas: Vices are unnatural and virtues are natural. Thus any law that contradicts NL is evil and should not be followed.
Before the Fall - "Divine will and the precepts for doing some things and avoiding others had
been co-created with Adam when the image of God was breathed into him. Thus, before sin, this spark of reason had been perfectly placed inside human beings." - One finds Zanchi to be in agreement with the Thomistic tradition; that the NL was co-created with Adam, i.e. with our nature. It follows thus, that a violation of our nature is sin. This again dispels the caricature that Zanchi is a voluntarist.
After the Fall, the first and second layers have become corrupt, and the third has become absolutely corrupt. God needs to write this NL back again in our souls. The reason is that in place of NL, another law has crept in: the law of sin and death.
NL is common in that, it is "human beings’ shared knowledge, judgment, and perception by which all people without distinction pondering their actions in their hearts either condemn or absolve themselves. This perception also comes from God when he speaks or inscribes his judgments in the hearts and minds of human beings."
Thesis 8: Zanchi gives the most comprehensive definition of NL, pulling together all the threads. "will of God"; "divine rule and [common] principle"; "knowledge of fair or unfair"; "inscribed by God on all people after the Fall"; "universally taught and obligated for the glory of God" and the common good.
Zanchi lists four reasons for his position that NL is not found in our nature, but rather in God's reinscription of the law of nature in us. But his first three points become moot with his fourth point that it is in our nature that God inscribed the law; thus he makes a full circle to his earlier point on nature. This does not necessarily imply that all our natural instincts are good and just.
The three layers of NL reveal the highest goods: protection of ourselves, propagation of our species, and the worship of God and the good of fellow human beings.
Thesis 5: Some civilizations are better than others. Despite NL being inscribed on the heart, it is unequally done so.
Basic beliefs: God exists and he ought to be worshipped. But how this is manifested is different among different civilizations; some with more light reject idolatry, whereas others worship stone and wood. He proceeds to compare different nations, on the worship of God, lying, marriage, etc.
One ought to look at its presuppositions (God exists) not the conclusions (therefore I will carve a piece of wood to worship as god).
Thesis 10: NL cannot be altered or erased.
First principles always remain unchangeable.
Ch 3– Human Laws
Human laws (HL) are derived from natural law through human reason. Divided into just (derived from NL, for the common good) and tyrannical laws (derived from self-interests for individual selfish goods).
Zanchi adds good and right customs with these laws, the reason being that these "laws" also have the force of laws. And evil customs and traditions are grouped with tyrannical laws.
Thesis 1: It is good and necessary to have laws apart from NL– political/human laws. They keep from evil and promote good, well-being, and protection of the State.
We need wise men to form laws from the NL since everyone is not able to equally understand and follow NL. NL by itself cannot punish, or push towards the good; it has no external punishments – only teaches, obliges, and accuses.
Thesis 2: The origin of all political laws, in their essence, is in NL.
Just laws → a commandment + punishment. It is a first principle that one treats another how he would want to be treated. From this first principle laws relating to murder, lying, adultery, and others are derived. Evident from NL is that sin should be punished; but is it so that one sin should be punished differently from another, be decided by lawmakers? not necessarily as some crimes like murder have been universally punished by death.
Thesis 3: HL that contradicts NL is not law
Thesis 4: THUS, we are just as subject to just political laws as we are to NL.
Just laws obligate our conscience. Two ways human laws can be unjust:
a. the promulgator does not have the authority or has the authority but orders something contrary to "public good". Even if the laws are not contrary to God's law. While they do not obligate our conscience, it is up to us to obey them – Matt 5:41.
b. If it commands that which is opposite to God. In this case, we are to disobey them.
Aquinas concurs – if contrary to the "divine good", then it ought to be resisted.
Thesis 5: The letter of the law vs. spirit of the lawgiver.
It follows from the previous thesis. We are to obey the spirit of the law.
"The argument of this thesis is clear: Laws are enacted from natural law for the common good and for the welfare of human beings, and only for as long as they do so do they have the power to obligate. If therefore, it should happen that by sticking to the letter of the law, we act against the welfare of human beings, then we have acted more against the law than in accordance with it." (37)
Thesis 6: HL and NL are different.
1. NL cannot be changed, but HL is not eternal, hence subject to change.
Objection: If HL is derived from NL, and NL is unchangeable, how can HL change? The NL element of HL is not subject to change, and the elements which differ from NL by virtue of the time period, or perhaps that which obstructs the common good, is subject to change. HL has its own circumstances, and when they change, the laws also change. But the first principles of NL do not change, as they are not subject to circumstances
HL must be "possible". By this, he means, that it must be "in accordance with both nature and the customs of the people". HL cannot prohibit all evil, but only those that can be avoided: therefore, imposing laws which may not necessarily suit the customs of the people spells disaster.
Ch 4- On the Traditions of the Church
In Ch 4 he gives a Reformed view of traditions and Scripture. I found this chapter to be rather unremarkable. Perhaps, this has to do with me, given that I wasn't expecting a chapter on church traditions in a work dealing with NL. The content was solid.
Ch 5 – On Custom and Title
Thesis 1: just titles have the power of law.
Zanchi turns to Justinian for a definition of title: "Ownership (and so all title) is the acquisition and addition of wealth through the activity of ownership as defined by the law of the land." (56).
Just title – possessed in good pretext and faith, and for span of time. It must be in accordance with the law; the principles of justice (including just war). Not sinful excuses. Secondly, in good faith, without causing injury to the other. Thirdly, possess it for the right length of time (as per the law of the land).
Thesis 2: possible to sin against custom; they gain the power of law once they are established and enforced.
What is custom? Gratian: whatever occurs in common practice done by a majority (i.e. established by traditional practice) and thus has an implicit legal sanction– considered as law when the law is deficient. Law– written down; with the approval of the people. Custom–practised; silent consent of people.
Gratian on custom: agreement with reason and practiced legitimately. Custom has to agree, as the jurists say, with "nature and the common good". Customs are good says Zanchi. But they ought not contradict the Word of God, nature or public law. "When in Rome do as the Romans do" – be in tune with the customs of a culture, insofar that they are in agreement with reason.
Conventions are practices recorded in the Scriptures, and customs are what is not described in Scriptures.
"Leviticus 18:24–30: Among the people in the Land of Canaan there was a custom of contracting many marriages that were contrary to nature—brothers with sisters, grandfathers with grandchildren. This custom, although universally permitted among these peoples, continuous from ancient days, nevertheless, the Lord condemns by enacting a law in which all those incestuous marriages are prohibited. From this we learn that anything that contradicts nature, divine, or even good human laws [208v] must not be tolerated." (64)
He cites Tertullian, to support his case that one must not reject customs that cannot be outright condemned as evil, and contrary to the common good.
There is a tension in Zanchi's writings in the last two chapters on traditions– on one hand, he does not want to concede too much to the Papists by his stress on customs, traditions and continuity, but at the same time, there is a conservative sentiment in him, Burkean one, if you will, that does not want to overthrow traditions and customs by subjecting them to individual rationality and scrutiny.
Thesis 3: A good custom annuls laws previously enacted, and is an interpreter of law.
Polygamy: while the nature of marriage of man-woman was upheld, the law that the institution is to be of one man and one woman was suspended for a period of time in the Old Testament era because a contradictory custom had developed among his people which God did not disprove explicitly.
The best interpreter of the law is custom – Justinian.
"Custom is practice in accordance with reason. It does not contradict God’s Word and is established by common practice, whose originator is unknown or at least is prescribed and established at an earlier time. It has the force of law. It cancels contradictory laws and is and ought to be the interpreter of law itself."
Ch 6 – On Divine Law
Thesis 1: three types of divine law.
The law
1. before the fall to Moses– the spoken Word of God.
2. of Moses– the Law revealed to Moses
3. inscribed by the Spirit in the hearts of the elect: the Law of the Spirit (LoS). This is different from the reinscription of the NL by God after the Fall in that NL merely shows what is right, and what ought to be pursued. The LoS not only teaches but also "moves is to obedience to God". "...the law of the Spirit is simply the will of God, impressed on our hearts through the power of the Holy Spirit."
Zanchi quotes Jer 31:33 again, insisting that the content of LoS and NL are not different. They differ in that the former is effective, the latter is not. The effectiveness is clearly taught in the latter part of verse 33 and 34.
Thesis 6: 4 categories of social relationships are reflected in the laws for governance.
the four categories is the relationship between:
1. magistrates and ordinary citizens.
2. the citizens themselves
3. the different parts of the family
4. citizens and foreigners
The whole population is divided as such, and it is necessary for effective governance that certain laws exist for each category of social relationship.
Chapter 7&8 deal with the laws of the Jewish state, and ceremonial laws respectively. Zanchi’s work on NL is short, readable, and scholastic.
February 7, 2026
Is Zanchi's doctrine of the re-inscripturation of Natural law an antecedent to the modern doctrine of Common Grace?
This book is an interesting witness to a possible novelty in protestant approaches to natural law - Zanchi sees all knowledge of the Natural Law being lost in the fall and then being re-inscribed on the heart of every man post-fall; I'm not perasuaded by his argument here BUT his distinction between Natural law (inherent in God's design of the world), Human Law (derived from natural law but applied to circumstances by a ruler) and Divine law (specific aural/written commands from God) is useful as is his explanation of how these relate.
The most useful parts of the book are probably the detailed analysis of Human Law and the discussions of the good of Custom and Tradition (as well as their limits, when should a custom, tradition or law should be opposed, disobeyed or repealed?)
This book is an interesting witness to a possible novelty in protestant approaches to natural law - Zanchi sees all knowledge of the Natural Law being lost in the fall and then being re-inscribed on the heart of every man post-fall; I'm not perasuaded by his argument here BUT his distinction between Natural law (inherent in God's design of the world), Human Law (derived from natural law but applied to circumstances by a ruler) and Divine law (specific aural/written commands from God) is useful as is his explanation of how these relate.
The most useful parts of the book are probably the detailed analysis of Human Law and the discussions of the good of Custom and Tradition (as well as their limits, when should a custom, tradition or law should be opposed, disobeyed or repealed?)
November 29, 2021
Fantastic short work that explains and clarifies various categories of laws- divine, natural, human, moral, ceremonial, civil, etc. A work that would do a world of good for the Reformed of today to rediscover before making horrendous blunders in political theology.
December 1, 2016
This was tremendous. A very readable translation of an important contribution to Reformed legal thought.
January 19, 2021
Whilst I don't agree with all the conclusions, this is a great example of careful biblical, thoughtful consideration.
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