Raath Law, religion and the covenanted community 
LAW, RELIGION AND THE COVENANTED
COMMUNITY: THE IMPACT OF THE ZURICH
REFORMATION ON THE EARLY CAPE
SETTLEMENT, 1652–1708.1
A.W.G. Raath2
ABSTRACT
The Zurich Reformation was actively supported by the Dutch East India Company
in its care for the religious, political and legal needs of the early Cape settlement.
Not only the promotion of the Reformed religion by the Classis of Amsterdam but
also the political and legal interests of the settlement were advanced on the basis of
the Zurich reformation and its emphasis on the covenant. It was Huldrych Zwingli
and his successor Heinrich Bullinger whose idea of the covenanted community
served as the blueprint for the activities of the Sick Comforters, the proceedings of
the Council of Justice and the decisions of the Council of Policy, rather than the
influence of the Genevan reformer John Calvin. The so-called Calvinistic roots of
the early settlement at the Cape, flowing from Calvin’s doctrine of predestination,
must therefore, be thoroughly revisited.
1 This covers the rule of the following commanders and governors of the Dutch
East India Company: Johan Anthonie van Riebeeck, Commander from 8.4.1652
to 6.5.1662; Zacharias Wagenaer, Commander from 6.5.1662 to 27.9.1666;
Cornelis van Qualberg, Commander from 27.9.1666 to 18.6.1668; Jacob
Borghorst, Commander from 18.6.1668 to 25.3.1670; Pieter Hackius, Com-
mander from 25.3.1670 to 30.11.1671; Albert van Breugel, Acting Commander
from 25.3.1672 to 2.10.1672; Isbrand Goske, Governor from 2.10.1672 to
14.3.1676; Johan Bax (entitled van Herentals), Governor from 14.3.1676 to
29.6.1678; Hendrik Crudop, Acting Commander from 29.6. 1678 to 12.10.1679;
Simon van der Stel, Commander from 12.10.1679 to 31.5.1691, and Governor
from 1.6.1691 to 11.2.1699; Willem Adriaan van der Stel, Governor from
11.2.1699 to 3.6.1707; Johan Cornelis D’Ableing, Acting Governor from
3.6.1707 to 1.2.1708, and the first year of the government of Louis van Assen-
burgh, Governor from 1.2.1708 to 27.12.1711.
2 Prof. A. W. G. Raath, Departement Constitutional Law & Philosophy of Law,
Faculty of Law, University of the Free State, Bloemfontein.
150
Acta Theologica 2003: 1
1. INTRODUCTION
Earlier interpretations of the dominant paradigm determining the religious
and social relationships in the Dutch Republic and the early Cape settle-
ment in its founding stage proceeded from the assumed Calvinistic views
governing the religious and social thought at the time.3 The Dutch author
G.J. Renier4 advanced the idea of the pervasive role of Calvinism as the
dominant influence in the Dutch Republic in its early years.5 Proceeding
from the alleged Calvinistic basis of the Dutch people, authors like G.D.
Scholtz promoted the view that the cultural identity of the new Dutch
(Afrikaner) settlement at the Cape drew its strongest inspiration from the
Calvinistic religion and its advancement through the Reformed Church;6
that Calvinism contributed to the inherent conservatism of the new com-
munity;7 that Calvinism determined the spiritual identity of this new cul-
tural community and that Calvinism was one of the most important in-
fluences that shaped the political thought of the new Dutch settlement.8
In his work on the development of the political consciousness of the
Afrikaner-Dutch community, J. Albert Coetzee9 identified Calvinism as the
3 See e.g. A.W.G. Raath & J.H. de Bruin, “Federale teonomie: die impak van die
federale teologie op die publieke regslewe van die vroeë Kaapse volksplanting
(1652-1708) – Deel 1” (Federal theonomy: the impact of the federal theology
on the public law sphere in the early Cape settlement (1652-1708) – Part 1),
Tydskrif vir Regswetenskap 24 (December 1999):171-204; Raath, “Federal juris-
prudence in the public sphere of the early Cape settlement, 1652-1708”, Pu-
blius 30 (Spring 2000): 87-109.
4 De Noord-Nederlandse natie (The Nation of the Northern Netherlands) (Utrecht:
1948):116-118.
5 The same author on page 13 traces the roots of resistance to tyranny in the
Lower Netherlands to the influence of Calvinism. The historian J. Huizinga,
Nederland’s beschaving in de zeventiende eeuw (Dutch civilization in the seventeenth
century) (Haarlem: 1956):80-81 refers to the “purposive efficiency” of Dutch
Calvinism and its dominating influence in the Dutch Republic and on the
Dutch people.
6 G.D. Scholtz, Die ontwikkeling van die politieke denke van die Afrikaner, Deel I,
1652-1806 (The development of the political thought of the Afrikaner, Part I,
1652-1806) (Voortrekkerpers: Johannesburg, 1965):165, 182.
7 Ibid., 181.
8 Ibid., 181, 193.
9 Politieke groepering in die wording van die Afrikanernasie (Political grouping in the
formation of the Afrikaner nation) (Johannesburg: Voortrekkerpers, 1941):15.
151
Raath Law, religion and the covenanted community 
main formative power followed by Lutheranism. S.P. Engelbrecht10 described
the influence of Calvinism in the establishment of the new Cape settlement
as a power which was absent from Lutheranism — the outflow of the resis-
tance of Dutch Calvinism to Spain. Coetzee also traces the roots of republi-
canism introduced to the Dutch settlement in South Africa to the influence
of Calvinism,11 although, according to him, principles of enlightened revo-
lutionary people’s sovereignty were also attached to the basic idea of Calvi-
nism during the Batavian rule at the Cape. Elsewhere the same author
comes to the conclusion that the Dutch settlement at the Cape is of Calvi-
nistic descent and that the Netherlands and North America also received
their “republican freedom” from Calvinism.12
More recently the South African historian Karel Schoeman rejected the
views that the Netherlands of the 17th century was indeed as religious or
committed to the Reformed Church as was traditionally accepted.13 Schoe-
man finds support for his views in the fact that unacceptable interference
by political authorities in church affairs occurred at this time;14 that the
Dutch East India Company manifested “arrogant” and “autocratic” conduct
in its relationship with the church;15 that the Reformed Church in the Ne-
therlands had a position of subservience towards and was mainly dependant
upon the state16 and that generally speaking the Reformed religion had a
position of subjection in the trade empire of the Dutch East India Company.17
The two conflicting views above either tend to equate Calvinism with
the Reformed faith and fail to appreciate the origin and role of Calvinism
within the Reformed tradition or focus too much attention on the role of
Calvinism as a formative power in the context of Europe and the early Cape
settlement. Furthermore, both interpretations dealing with the dominant
ideological influences operative within early Cape society do not appreciate
the historical, religious and political impact of theological federalism on
the social structures in the settlement. A closer analysis of the role of the
Council of Policy, the judgements of the Council of Justice and the relation-
10 “Hul geestelike nalatenskap” (Their spiritual heritage), Die Huisgenoot 15.09.1939.
11 See ibid., 35.
12 Ibid., 34-35.
13 Armosyn van die Kaap. Voorspel tot vestiging, 1415-1651 (Armosyn of the Cape.
Prelude to settlement, 1415-1651) (Cape Town, Pretoria, Johannesburg: Human
& Rousseau, 1999):46 note 37.
14 Ibid., 210.
15 Ibid.
16 Ibid., 211.
17 Ibid., 361.
152
Acta Theologica 2003: 1
ship between church and political bodies in the early Cape settlement reveals
the predominant influence of the Zurich Reformation and its emphasis on
the covenant, rather than the predestination perspectives of John Calvin.
Among others, the impact of the Zurich Reformation, through the work of
Huldrych Zwingli and Heinrich Bullinger, is clearly discernible in the rela-
tionship between the political and ecclesiastical bodies and the functioning
of the political and jurisprudential structures in the Cape community. The
covenantal structure of the Cape community had as its immediate outflow
a very strong social solidarity, and secondly, a much deeper religious com-
mitment than is recognised by authors like Schoeman.
Although it is not disputed that Calvinism did play an important role
in the shaping of the early Cape society, it is disputed that it was the most
important formative force that shaped the early Cape settlement.
2. LAW, RELIGION AND THE COVENANT IN
THE ZURICH REFORMATION
2.1 The idea of the covenanted community in the Zurich
Reformation
The idea of community in the Zurich reformation shows a high degree of
cohesion and communality. In Huldrych Zwingli’s (1484-1531) theology,
this is reflected in his views on the Christian commonwealth forming one
community under the sovereign rule of God. Both the ministry of the
church and that of political society (or magistracy) concern the whole of life
of the commonwealth. The offices of pastor and magistrate in the Christian
commonwealth are closely related – covering the whole of society. The basis
on which society functions is the Biblical covenant. This is largely due to
his emphasis on the direct relationship between God and man in history.
Proceeding from the sovereignty of God as creator, in whom alone we should
put our trust, to whom we are bound by virtue of the covenant, Zwingli
denies human merit. Man’s dependence is the basis of the Christian faith.18
The function of the eucharist is twofold: to strengthen the faith of the
believer and to unite Christians in the Christian community, so that they
are one body, and may live the life of Christ.19 From this appears the oath-
like character of the Christian community, united by the sacraments. It is
18 See A. Baur, Zwinglis Theologie Erster Band (Halle: Max Niemeyer, 1885):245.
19 Huldreich Zwingli’s Sämtliche Werke (Berlin, Leipzig, Zurich, 1905), hereafter
abbreviated as Z, III 123.12-127.10.
153
Raath Law, religion and the covenanted community 
also within the context of the sacraments that Zwingli applies his idea of
the covenant. Baptism, to Zwingli, is merely the New Testament’s sacra-
mental counterpart to circumcision of old.20 Circumcision is designated by
Zwingli as “Pact”, “Pflicht”, and “Pflichtzeichen”.21 Children in the Old
Testament were counted as God’s people, and, Zwingli argues, that the
Christian covenant or New Testament is the same as the old covenant with
Abraham.22 There is no other covenant but this one covenant. The children
of Christian believers are no less children of God because their children are
no less God’s children in the covenant. In Zwingli’s theology baptism is the
New Testament sign of entering into the covenant — the one and eternal
covenant with God.23 Baptism, therefore, is the sign of entering into the co-
venanted Christian community, so that believers may be one church and
one people.24 The importance of the sacrament of baptism in Zwingli’s
theology, in this context, reflects three important elements: Firstly, as the
children of Hebrews in the Old Testament were one with their parents in
the covenant and received the sign of the covenant, so the children of Chris-
tian parents should be baptised as the sign of the covenant;25 secondly,
through baptism we become members of the visible church on earth, and
therefore, baptism has corporate rather than an individual significance, re-
flecting the essential solidarity of the Christian community; and thirdly,
baptism is seen as the sign of the covenant, reflecting the Christian’s pledge
to live a holy life in the Christian community.26 Baptism in the Christian
20 S. Strehle, Calvinism, federalism, and scholasticism. A study of the Reformed doctrine of
the covenant (Bern, Frankfurt am Main, New York, Paris: Peter Lang, 1988):129.
21 Ibid., see note 35.
22 Z IV 629.1-634.2.
23 See ibid., VII 156.39-41.
24 To Zwingli the words of Christ in Matthew 8:11 and passages such as Romans
11, Ephesians 2:11-20, Hebrews 12:22, and 1 Peter 2:9-10 reflect this unity in
the Christian community, based on the covenant. See ibid., VII 169.4-6, 164.2-
4, 163.8-19, 164.7-11, 165.3-16, 166.3-5, 166.13-168.31.
25 See ibid., VII 373.27-35, 374.8-12, 470.40-471.8.
26 W.P. Stephens, The theology of Huldrych Zwingli (Oxford: Clarendon Press,
1966):215, comments as follows on the role of baptism in the covenanted
Christian community:
In contrast with the traditional view of baptism as a sacrament,
Zwingli sees it as an initiatory sign, a sign of the covenant, an idea
developed at first in terms of our pledge to live the Christian life.
This is less suited to infant baptism, as the child is not able to make
a pledge, so that it is interpreted as the parent’s pledging of the
child and the child being pledged to the law.
154
Acta Theologica 2003: 1
community has a strong unifying character — in the Christian communi-
ty the believers are all one, so that all may live peacefully and united. The
Christians are to live in unity with Christ and with one another.27 Dishar-
mony is contrary to the working of the Spirit of God.28 The Christian com-
munity, therefore, firstly shows an oath-like character and, secondly, the
community is bound together by the pledging of Christians. This view of
the Christian community, based on the covenant, provides the basis for
Zwingli’s theocratic thought. Church and magistracy form one whole com-
munity under the governance of God’s law.29
Zwingli’s theology of the covenant was carried forward by the work of
Heinrich Bullinger (1504-1575), his successor in Zurich. To Bullinger the
Reformation represented the restoration of the covenant. He saw the cove-
nantal norms for the Christian commonwealth, established by God in the
Old Testament, as fully applicable to the Christian community of Zurich.30
In his theology Bullinger took the rite of baptism to be the initiatory device
to enrol the individual in the Christian commonwealth. Through baptism
everyone was placed under the promises and conditions of the covenant.31
According to Bullinger’s interpretation of Matthew 13, the Christian com-
munity, the visible church, the kingdom of God on earth, included both the
faithful and the hypocrites. Since the visible church was coterminous with
civil society, the conditions of the covenant were applicable to both church
and commonwealth. The close covenantal relationship between church and
27 Z III 211.23-219.9.
28 Huldrych Zwingli’s Werke, Erste vollständige Ausgabe durch Melchior Schuler
und Joh. Schultess (Zurich, 1828-1842), hereafter cited as S VII 211.23-212.9.
29 Stephens, The theology of Huldrych Zwingli, 295, makes the important observa-
tion that a
theocratic view does not of necessity require the total independence
of the church from government, but that government, as well as
church, submit itself to the law of God.
30 J. Wayne Baker, Heinrich Bullinger and the covenant: The other Reformed tradition
(Athens: Ohio University Press, 1980):107:
Bullinger saw the Reformation as the restoration of the covenant.
The covenant norms for Christian society established by God in the
Old Testament were thus fully applicable to the Christian com-
monwealth of Zurich.
31 Idem.:
Inasmuch as baptism placed everyone under the great promise of
the covenant, every member of Christian society was responsible to
fulfill the conditions of the covenant.
155
Raath Law, religion and the covenanted community 
magistracy in the Christian commonwealth was formulated by Bullinger in
the Second Helvetic Confession (1566), with reference to the primary role
of the Christian magistrate, “of what sort so-ever it be”, being ordained of
God Himself, “and so that he should have the chief place in the world”.32
The chief duty of the magistrate was to procure and maintain peace and
public tranquility, which, doubtless, he would never do more happily than
when he shall be truly seasoned with the fear of God and true reli-
gion — namely when he shall, after the example of the most holy
kings and princes of the people of the Lord, advance the preaching
of the truth, and the pure and sincere faith, and shall root out lies
and superstition, with all impiety and idolatry, and shall defend the
Church of God.33
Bullinger then added these meaningful words: “For indeed we teach that
the care of religion does chiefly appertain to the holy magistrate”.34 In
Chapter XXX.3 Bullinger added to the preceding that the magistrate must
“hold the Word of God in his hands, and ensure that nothing be taught
contrary thereunto”.35
The effect of Bullinger’s Zwinglian approach, as Baker observed, was
firstly a fuller statement of covenantal theology, and secondly, the promo-
tion of the Christian community along the lines of covenantal thinking.
Therefore, although the pastor had the duty of advising the magistrate, like
the Old Testament magistracy, concerning God’s will, it was the Christian
magistrate who, like the Old Testament kings, was fully in charge of the
32 Also see Chapter XXX.1. in Joel R. Beeke & Sinclair B. Ferguson (eds.), Re-
formed confessions harmonized. With an annotated bibliography of Reformed doctrinal
works (Grand Rapids, Michigan: Baker Books, 1999):230.
33 Chapter XXX.2. ibid.
34 Idem.
35 Chapter XXX.3. To which he added:
In like manner, let him govern the people, committed to him of
God, with good laws, made according to the Word of God in his
hands, and look that nothing be taught contrary thereunto. Let
him hold them in discipline and duty and in obedience. Let him
exercise judgement by judging uprightly; … Therefore let him
draw forth this sword of God against all malefactors, seditious per-
sons, thieves, murderers, oppressors, blasphemers, perjured per-
sons, and all those whom God has commanded him to punish or
even to execute. Let him suppress stubborn heretics (who are
heretics indeed), who cease not to blaspheme the majesty of God,
and to trouble the Church, yea, and finally to destroy it.
156
Acta Theologica 2003: 1
community.36 The magistrate’s laws were the only basis for community dis-
cipline — there was no separate church discipline. These views appear to
have been predominant in the Netherlands until the Synod of Dordrecht
when the influence of Calvinism gradually gained on that of Bullinger.37
In contrast to Bullinger, John Calvin did not promote a strong concep-
tion of the covenant in his theological system, and the place the covenant
did hold was influenced by Bullinger’s views on the covenant.38 For Calvin
the relationship between church and magistracy is based on predestination.
According to Calvin the corpus christianum was based on the secret election
of God.39 Calvin’s views on church and magistracy entail that these are se-
36 See Robert C. Walton, “The institutionalization of the Reformation at Zurich”,
Zwingliana 13 (1972):497-515. He clearly shows the supremacy of the Christian
magistrate over the church in Zwingli’s and Bullinger’s theology. For the ma-
gistrate’s duty to protect true religion, see Bullinger, Festorum dierum Domini et
servatoris nostri Iesu Christi Sermones ecclesiastici, Heinrycho Bullingero authore (Zurich,
1558):196-197; Bericht wie die so von waegen unsers Herren Jesu Christi und sines
heiligen Evangeliums/jres glaubens ersuocht/unnd mit allerley fragen versuocht werden/
antworten und sich halten moegind: schriben durch Heinrychen Bullingern (Zurich,
1559):203-208; Vermanung an alle Diener des worts Gottes und der kyrchen Jesu
Christi/dass sy jre spaenn/die sy gegen andern habend und uebend/hinlegen/und in disen
letsten verderbten gefaarlichen zyten/der waelt einhaellig allein unnd einfaltig den
waaren glouben in Jesum Christum/und die besserung des laebens/predigen woellind/
geschriben durch Heinrychen Bullingeren Dienern der kyrchen Christi zou Zürych (Zu-
rich, 1572):fol. 36(b)-37.
37 According to Baker, “Zwinglianism”, The Oxford Encyclopedia of the Reformation,
Volume 4 ed., in chief Hans J. Hillerbrand (New York/Oxford: Oxford Uni-
versity Press, 1996):324, the main areas of influence of Zwingli and Bullinger
can be traced not only to France, Hungary, and Austria, but also to Switzerland
itself, the Palatinate, the Netherlands, England and Scotland.
38 Gottlob Schrenk, Gottesreich und Bund im älteren Protestantismus (Giessen/Basel:
Brunnen Verlag, [1923] 1985), explicitly traces the origins of covenant theol-
ogy in the Reformed tradition to Zwingli and Bullinger, from whom Calvin
took over the basic design:
Zwingli ist der eigentliche Erneurer des biblischen Bundesgedank-
ens für die reformierte Theologie, aber die Anregung dazu kam
ihm wohl von täuferischer Seite. Bullinger gibt im Anschluss an
ihn den ersten Entwurf. … Calvin übernimmt Zwinglis und Bul-
lingers Grundlinien, ja sogar die Formulierungen des Letzteren.
39 John Calvin, Institutes of the Christian religion. The Master Christian Library —
version 5 (Ages Digital Library, 1996):4.1.2 (book 4, chapter 1, section 2;
hereafter cited as Institutes).
157
Raath Law, religion and the covenanted community 
parate entities, although interrelated: members of the church are also sub-
jects of the state; the church finds expression within the territorial area of
the state and the state is expedient for the church in so far as the state must
protect the church against godlessness and promote the “pure worship of
God”.40 On the other hand, it is clear that the magistrate was brought into
existence not only to judge among humankind, but to protect the true
preaching of the gospel according to the prescriptions of God’s law and the
honour and holiness of God. Philip E. Hughes interpreted Calvin’s views to
mean that the whole structure of society, as conceived by Calvin, was based
on the distinction between church and magistracy
as two separate powers whose spheres of authority were clearly
defined, the former wielding the spiritual sword in the faithful
proclamation of the Word of God, and the latter the secular sword
in the maintaining of good and just government and the punish-
ment of offenders against statutory laws.41
Although Calvin referred to the covenant, it was limited to his views on
the church.42 Pronouncements on the covenant by Calvin also assisted to
strengthen the idea of the covenant in the Netherlands and elsewhere in
Europe where covenant theology had gained a foothold, albeit that Calvin
did not subscribe to the idea of the covenant in the strong sense in which
Bullinger used it in his theology.43
2.2 Law and magistracy in the public sphere according to the
Zurich reformation
The effects of Zwingli’s views on covenantal theocracy entail that within
the Christian community, magisterial office bearers do not function within
a separate sphere in the form of the state, but represent an inherent part of
40 Commenatries on the Gospel according to John, XVIII:xxxiii.
41 Philip E. Hughes, transl. & ed., The register of the company of pastors of Geneva in
the times of Calvin (Grand Rapids, Michigan: William B. Eerdmans Publishing
Company, 1966):6.
42 See e.g. Institutes, 4.2.11.
43 Schrenck, Gottesreich und Bund, 36, states that the Zurich idea of the covenant
permeated Dutch Reformed theology to the extent that it influenced the teaching
at all Reformed universities in the Netherlands:
Von Zürich ist diese Richtung über Heidelberg, Marburg und Her-
born nach Bremen gewandert und von dort nach Holland gekommen.
Nicht als ob dies das einzige Geleise ihres Siegeszuges wäre — sie ist
auch schon unmittelbar von Zürich her in die Niederlande einge-
drungen und wirkt schon früh auf allen reformierten Hochschulen.
158
Acta Theologica 2003: 1
the indivisible Christian community. Furthermore the political rulers in
the Christian community are not endowed with sovereign political power
to the exclusion of the pastoral office bearers in the community. This means
that the Christian magistrate needs the church to govern, and the Christian
pastor has to preach God’s Word to the whole covenanted community. In a
Christian society, based on the corporate view of social relationships, where
the magistrate and pastor performed the tasks assigned by God, the divine
purpose would be carried out and the Christian community exists as a
Christian body to which Reformed religion is fundamental for the proper
operation of magisterial government and a vital condition for the existence
of a Christian society. For the proper functioning of the Christian com-
monwealth, based on the covenant, the maintenance of both tables of the
law are of the most importance. To Zwingli the precepts of natural law are
ingrained in the image of man and revealed through the working of God’s
Spirit.44 The law of nature is nothing other than true religion; it is the
knowledge, worship, and fear of the supreme deity which is taught by God
alone and written in man’s heart, confounded by evil, and renewed by the
grace of Christ.45
Zwingli’s Reformed theocratic views were systemised and developed by
Bullinger into a strong theory of theologico-political federalism with a
strong emphasis on the theocratic ideal, along the same lines envisaged by
Zwingli. To Bullinger the basis of the Christian community is the covenant.
The covenant is the subject of all Scripture and the target at which all
Scripture aims.46 The entire sum of piety consists in the main points of the
covenant.47 Nothing else was handed down to the saints throughout the
Scripture, other than what was included in the main points of the cove-
nant.48 All matters pertaining to faith in God, about the vanity of idols,
about worshipping the one God, about the calling upon the one God, and
also about true justice, about judgement, and about cultivating equity and
charity —
44 See W.P. Stephens, The theology of Huldrych Zwingli (Oxford: Clarendon Press,
1986):153.
45 S VI I 243.44-244.27
46 Heinrich Bullinger, A brief exposition of the one and eternal Testament or Covenant
of God (De testamento seu foedere Dei unico et aeterno) (1534), in Charles S.
McCoy and J. Wayne Baker, Foutainhead of federalism (Louisville, Kentucky:
Westminster/John Knox Press, 1991):112 (fol. 16(a)).
47 Ibid.
48 Ibid.
159
Raath Law, religion and the covenanted community 
all of these things that have been transmitted through various laws,
through the many discourses of the prophets, through the epistles
of the apostles, and finally through the gospel narratives, have been
summed up in these few words: “You, however, shall keep my co-
venant, you shall walk before me, and you shall be complete or up-
right”.49
To Bullinger the Decalogue itself seems to be almost a paraphrase of the
conditions of the covenant. Also the civil or judicial laws are included in
the condition of the covenant which prescribes integrity and commands
that we walk in the presence of God.50 Laws in the Christian common-
wealth are needed to order external dealings among people in their social
life.51 For these reasons they need magistrates to enforce the precepts of na-
tural law and the Decalogue.52 With particular reference to the precepts of
natural law, Bullinger holds that the law of nature is an instruction of the
conscience, and, as it were, a certain direction placed by God himself in the
minds and hearts of men, “to teach them what they have to do and what to
eschew”.53 According to Bullinger the conscience is the knowledge, judge-
ment, and reason of a man, whereby every man in himself, and in his own
mind is either condemned or acquitted.54 This in effect means that the gen-
tiles too have the principles of justice embodied in their hearts and minds.55
Because the law of nature answers to the moral law, the precepts of the law
of nature can be summarised in two points: firstly, acknowledge God, and
worship him; the second is, keep or maintain society and friendship among
men.56 In his Decades Bullinger elaborates on the offices of magistracy and
pastor in the Christian commonwealth, based on the covenant. In the second
decade, discussing the fifth precept of the Ten Commandments, Bullinger
includes both offices under the name of parents.57
Regarding the co-operation between the offices of magistracy and pastor,
Bullinger states that the magistrate, in political matters, is commanded to
49 Ibid., 112 (fol. 17(a)).
50 Ibid., 113 (fol. 18(a)).
51 Ibid., 114 (fol. 19(b)).
52 Ibid.
53 The decades of Henry Bullinger, 4 vols., ed. for the Parker Society (Cambridge:
1849-1852) 2:193-194 (decade 2, sermon 1 [II: 1]).
54 Ibid., 194 [II: 1]).
55 See ibid., 196 [II: 1]).
56 Ibid., 196 [II: 1]).
57 The decades of Henry Bullinger, 4 vols., ed. for the Parker Society (Cambridge:
1849-1852) 2:268-269 (decade 2, sermon 5 [II: 5]).
160
Acta Theologica 2003: 1
listen to the ecclesiastical ruler, and the ecclesiastical minister must obey
the magistrate, as political ruler, in all things commanded by the law.58
Both offices, therefore, are subject to God’s law:
So then the magistrate is not made subject by God to the priests as
to lords, but as to the ministers of the Lord: the subjection and duty
which they owe is to the Lord himself and to his law, to which the
priests themselves also ought to be obedient, as well as the princes.59
The implications of the Zurich ideal of the Christian community relate
to a number of important principles: firstly, because every magistrate is
ordained by God, and is God’s minister, so must he be ruled by God and
enforce God’s law;60 secondly, both offices of pastor and magistracy have to
perform their duties within the Christian commonwealth on the basis of
the covenant, to which the sacrament of baptism gives entry;61 thirdly, the
duty of the pastor is to make God’s will known in the church by urging
everyone to fulfil the condition of faith and to call upon everyone else in the
Christian commonwealth to live according to the condition of love of the
neighbour;62 fifthly, the Christian magistrate ensures that everyone has the
opportunity to fulfil the condition of faith and enforce the condition of
piety by means of just laws;63 next, in all political matters the office of pas-
tor is subject to the office of magistracy, and in all matters of religion the
office of magistracy must listen to the pastor, in order to know and under-
stand God’s will.64
58 Ibid., 2:329 (II: 6).
59 Ibid.
60 Ibid., 2:334 (II:7). This is the reason, states Bullinger, why the kings in Israel
had to have the book of God’s law (Deuteronomy 17:18, 19), so that they might
learn the way to perform those actions they were required by duty to do.
61 J. Wayne Baker, Heinrich Bullinger and the covenant: the other Reformed tradition
(Athens, Ohio: Ohio University Press, 1980):121:
Baptism enrolled the individual among the people of God and
obligated him to keep the conditions of the covenant. Even if he
did not appropriate the spiritual blessing of the covenant through
faith, he still remained under the covenant as part of the Christian
community, subject to the covenant conditions that not only pre-
scribed man’s relationship with God but also set the standard for all
social relationships within the Christian commonwealth.
62 Ibid.
63 Ibid.
64 Ibid.
161
Raath Law, religion and the covenanted community 
Through the efforts of Zwingli and Bullinger the theocratic ideal of the
Zurich reformation based on the covenant entered the mainstream of Refor-
med political thought before the middle of the sixteenth century. This
stream of influence was composed of four essential elements: firstly, the idea
of the Biblical covenant as the basis of the Christian commonwealth; second-
ly, the solidarity between the offices of magistracy and pastor in the Chris-
tian community; thirdly, the separation of powers between pastor and ma-
gistrate, and fourthly, both offices subject to the will and law of God.
3. THE IMPACT OF THE ZURICH REFORMA-
TION ON THE DUTCH SETTLEMENT AT THE
CAPE OF GOOD HOPE
3.1 Baptism and the relationship between church and magis-
tracy under the governance of the Dutch East India Company
The Reformed tradition in the line of Zwingli and Bullinger was introdu-
ced to the Netherlands from Zurich via Heidelberg, Marburg, Herborn and
Bremen, apart from the influence exerted directly from Zurich by this
strand of Reformed theology.65 The impact of Bullinger in the Netherlands
is manifested in the fact that, according to the prominent Dutch theologian
of the 17th century, Johannes Uytenbogaert (1557-1644), Bullinger’s Decades
were read more than any other Reformed work in the initial stages of the
Reformation, the Bible excluded.66 The influence of Bullinger’s Reformed
federalism in the Netherlands is also clearly discernible in the works pre-
scribed for the spiritual needs of the settlers in the new Dutch colonies. The
Dutch East India Company, in 1638, compiled a list of books for use by the
Sick Comforters in performing their duties on land. Apart from the Bible,
the works prescribed were Heinrich Bullinger’s Housebook, which was divid-
ed into five decades, namely 50 sermons on the most important chapters of
the Christian religion, and to which was added two other works dealing
65 Schrenk, Gottesreich und Bund, 36.
66 H.D.A. du Toit, Predikers en hul prediking in die Nederduitse Gereformeerde Kerk
van Suid-Afrika (Preachers and their preaching in the Dutch Reformed Church
of South Africa) (Unpublished doctoral thesis, University of Pretoria, 1947):
32, 33. See also C.A.L. van Troostenburg de Bruyn, De Hervormde Kerk in Neder-
landsch Oost-Indië onder de Oost-Indische Compagnie (1602-1795) (The Reformed
Church in Dutch East India under the East India Company (1602-1795) (Arn-
hem: 1884):111.
162
Acta Theologica 2003: 1
with the origins of the flaws in the pagan, Jewish, and Christian religions;67
the Treasurebook by Zacharias Ursinus (1534-1538), Bullinger’s student, a
work on Christian doctrine, which entailed an exposition of the Catechism
in the spirit of the later Canons of Dordt, translated by Festus Hommius
and revised by Johannes Spiljardus;68 the House Sermons on the Gospel by Justus
Bulaeus (1580-1611);69 Jean Taffin’s (c1528-1602) Penitance of life in four
books … containing short … consolations … for fears of the conscience;70 and works
like those of Roelof Pietersoon Niedeck (Rudolphus Petri) (1586-1649),
Praise Jesus Christ – short expositions on the images of Christ in the Bible;71 Simon
Gaulart’s (1543-1628) Forty descriptions of death;72 translated by J. Paneel,
and L. Bayly’s Exercises in piety, translated by E. Schuttenius.73
Also on board the ships of the Dutch East India Company the works by
Bullinger and his spiritual followers played an important role in addressing
the religious needs of the sea-faring community. The books prescribed for
use on the ships of the Company included works by Ursinus, Bulaeus, and
67 The title of the work in Dutch being Huys-boeck: vijf decades, dat is, vyftich ser-
moonen, van de voorneemste hoofstucken der Christlicker religie, in dry deelen gescheyden
… waer by nu van nieus noch twee andere schoone wercken des seluigen autheurs geuoecht
zijn, namelick, van den oorspronck, afcoemst ende voortganck aller dwalingen, die oyt by
den heydenen, Joden ende Christenen geweest zijn ende noch hedendaechs ghevonden wor-
den, ende, Van de concilien … uut de Latijnsche in onse Nederduytsche sprake ouerghe-
set, door I.G. (Dordrecht: 1582).
68 The title of the work being Het schat-boeck der Christelyke leere, ofte, uitlegginge
over den catechismus … Vertaelt, ende met tafelen, verlicht, door … Festus Hommius
… nu van nieuws oversien … Door Johannes Spiljardus … (Leyden: 1602).
69 Huis-postille, ofte, prdicatien, over de zondaagsche evangelien, die men in de Christelyke
kerke ‘t geheele jaar door van ouds gewoon is te verklaren. Dewelke … Op de toestant
dezer eeuwe … geappliceert worden …, 5th ed. (Amsterdam: 1642). 
70 Boetveerdigheydt des levens, in vier boecken t’ samen vervat … ende getrouwelijk uyt den
Francoyschen in de Nederlandsche tale overgeset door Johannem Crucium … Noch is
hier by-gevoeght de Merckteeckenen der kinderen Godts … mitsgaeders een korte schoone
onderwysinge inhoudende gewisse vertroostingen in allerhande beswaernissen ende angst
der conscientien, genomen uyt de boecken van Jan Espin (Amsterdam: Layrens Jacobs,
1593).
71 ‘t Lof onzes Heeren Jesu Christi dat is, korte verklaringe van eenige bysondere voor-
beelden, gelykenissen, gesigten, eeren-tytelen, cier-namen ende cierlyke beschryvingen die
Jesu Christo in het Oude ende Nieuwe Testament gegeven worden … (Amsterdam:
Hendrik Laurentz, 1624).
72 Veertich tafereelen des doodts (Amsterdam: 1615).
73 De practycke ofte oeffeninge der Godsaligheyt, 4th ed. Amsterdam: 1627).
163
Raath Law, religion and the covenanted community 
Bayly.74 In the introduction to Bullinger’s work Festive days of our Lord, in-
cluded in the Dutch translation of his Decades;75 published in 1622, Johan-
nes Lydius states that The decades of Bullinger was also used for the religious
services on board the Company’s ships. The orders for maintaining religious
services on board the ships were strictly enforced, and absence from these
gatherings was a punishable offence.76 The historical perspectives emerging
from the foregoing facts confirm that Bullinger’s works were standard
sources used by the Comforters on land and sea in the service of the Dutch
East India Company. No reference to works by Calvin for ministering to the
religious needs of the sea-faring community and the early Dutch settle-
ments could be traced. Neither could works by Calvin be found in early
book collections used in the Cape settlement.
The theological influence emanating from Bullinger’s works at the Cape
is nowhere more clearly evident than in the relationship between church
and magistracy, baptismal practices and issues pertaining to slavery under
the governance of the Dutch East India Company. The views of the Council
of Policy pertaining to these matters reflected the same line of political in-
tervention in church affairs as the position in the Netherlands. Under the
influence of the Zurich reformation the political authorities in the Nether-
lands substantially increased their involvement in internal church affairs in
the course of the 16th and 17th centuries.77 The differences between church
74 See Willem J. van Zijl, Van skeepskis na wakis tot boekrak (From ship’s kist to
wagon kist to bookcase) (Kaapstad: Lux Verbi, 1992):56.
75 Fol. 159(b). For the fact that Bullinger’s works were taken to almost all the
British and Dutch possessions by the founding fathers, see J. Staedtke, “Bul-
linger’s Bedeutung für die protestantische Welt” (“The meaning of Bullinger
for the Protestant World”), Zwinglandia 11 (1961):372-388.
76 See G.C. Udemans, ‘t Geestelijck roer van ‘t coopmans schip (The spiritual rudder
of the merchant’s ship) (Dordrecht: 1638).
77 For a clear overview of the measure of political interference in ecclesiastical af-
fairs, see Schoeman, Armosyn van die Kaap, 209-212. A.L. Geyer, “Die Stellen-
bosche gemeente in die agtiende eeu” (The Stellenbosch congregation in the
eighteenth century), Annale van die Universiteit van Stellenbosch IV, series B, 1
(June 1926):14, observes that political authorities in North and South Holland
had a particularly strong hold on the Reformed Church. For an informative
analysis of the dissatisfaction of the Reformed pastors with their role of subser-
vience to the political authorities, see Gerrit Groenhuis, De predicanten; de sociale
positie van de gereformeerde predikanten in de Republiek der Verenigde Nederlanden voor
1700 (The Pastors; the social position of the Reformed pastors in the Republic
of the United Netherlands prior to 1700) (Groningen: Wolters-Noordhoff,
164
Acta Theologica 2003: 1
and magistracy resulted in sharp conflicts with regard to baptismal prac-
tices and the government fighting for inclusive baptism on a broad basis.
The introduction of the church order of 1576 issued by the authority of the
States of Holland and Zeeland, signed by William himself, stated in Article
22 that “baptism will not be denied to any child presented.”78 The theo-
logical motivation for this article stated that it is the
feeling of our government, that also for Papists, that … will follow our
side … that we should permit the open exercise of the papist Religion
… yes we permit the Anabaptists themselves, since we consider that
true religion is a gift of God, and that people [ought] not to be forced
to it through fear of exile or punishment, but through mild exhorta-
tion from the Word of God … We do not want to deny baptism to
anyone, but we well preserve what Christ has commanded, that one
should not hinder from him (Luke 18) wherein he also showed no con-
cern for the parents …79
The Reformed churches were opposed to this call for the unconditional
baptism of all children without the parents having committed themselves
to the Reformed religion. The opposition was so strong that the course pro-
moted by the political authorities was never implemented.80 The view of
the church was that those who presented the children should at least answer
the questions in the baptism formula and support the Reformed doctrine.81
At the Synod of Dordt in 1618/19 the majority of the Dutch delegates
1977):32-33. Cornelia Roldanus, Zeventiende-eeuwsche geestesbloei (Seventeenth
century spiritual revival) (Amsterdam: De Bataafsche Leeuw, 1996):50, describes
the relationship between the preachers and the political officials in terms of
“the preachers barking, but the masters (political authorities) biting”, meaning
that although the preachers protested, the political authorities had the upper
hand.
78 C. Hooijer, Oude Kerckenordeningen (Old Church Orders) (Zout Bommel, 1885):
119-120.
79 Ibid., 129. Quoted by Jonathan Neil Gerstner, The thousand generation covenant.
Dutch Reformed covenant theology and group identity in colonial South Africa, 1652-
1814 (Leiden, New York: E.J. Brill, 1991):191.
80 See C.A. Tucker, Het klassikaal doopformulier, rondom het doopvond (The classical
baptism formulary, around the baptismal font) (Goudriaan: De Groot, 1983):
313; Hendrik Jan Olthuis, De doopspraktijk der Gereformeerde Kerken in Nederland:
1568-1816 (The practice of baptism of the Reformed Churches in the Nether-
lands) (Utrecht: G.J.A. Ruys, 1908):60.
81 F.C. Rutgers, Acta van de Nederlandsche Synoden der zestiende eeuw (Acts of the
Synods in the Netherlands in the sixteenth century) (‘s Gravenhage: Martinus
Nijhoff, 1899):270.
165
Raath Law, religion and the covenanted community 
opposed the idea that “heathen” children could be baptised so long as they
received a Christian upbringing and would not be sent back to heathen pa-
rents, and decided that such children were born of parents, both of whom
are heathen, and therefore stand outside the covenant and have no part of
the promise.82 It was furthermore held that because an Israelite could not
hold his countrymen in bondage perpetually, and the New Testament prin-
ciple of freedom applied, no one could keep a Christian in slavery. If a slave,
therefore, joined the church through baptism, he had to be set free.83 In
spite of these resolutions, however, the political authorities firmly held to
their belief of general baptism. The magistrate in the city of Groningen
even forbade the use of the baptismal questions entirely, even by those pa-
rents who were willing to answer them. In opposition to the church’s bap-
tismal policy that “children of all except Jews, Turks and heathen should be
baptised because God’s covenant reaches to the thousandth generation”, the
magistrates were unswervingly dedicated to seeing that every citizen possible
was baptised.84
The conflicts ensuing from these opposing views and the efforts of the
political authorities to involve themselves in the internal baptismal issues
and exploit this church rite for political purposes, also found their way to
the Cape settlement. The manner in which these issues were dealt with also
determined the racial attitudes in the settlement. The political rulers at the
Cape followed the aim of the Dutch authorities on the baptism of slaves,
because
from the earliest days of slavery at the Cape the conversion to Chris-
tianity of those in bondage was always a cherished aim of the Dutch
Government, whose invariable policy it was to raise the status of
any slaves who embraced the Christian faith.85
The reason for this attitude, according to De Kock, is to be found in the
fact that the Dutch East India Company looked on all those who deviated
from the tenets of the Reformed faith with deep disapproval; and that their
attitude towards any who wished to worship in accordance with the rituals
82 See H. Kaajan, De Pro-Acta der Dordtsche Synode in 1618 (The Pro Acta of the
Synod of Dordt in 1618) (Rotterdam: J.B. Wolters, 1982):1:2-3.
83 Herman Huber Kuyper, De Post-Acta of nahandelingen van de nationale Synode
van Dordrecht in 1618 en 1619 gehouden (The Post Acta or the Post Acts of the
national Synod of Dordrecht held in 1618 and 1619 (Amsterdam: Hoveker and
Wormser, 1899):148.
84 Gerstner, The thousand generation covenant, 200-201.
85 Victor De Kock, Those in bondage. An account of the life of the slave at the Cape in
the days of the Dutch East India Company (Pretoria: Union Booksellers, 1963):107.
166
Acta Theologica 2003: 1
of the Church of Rome, was one of “contempt and obstruction”.86 There-
fore, the Political Council endeavoured to initiate the slave community into
the Christian community of the settlement as soon as possible.
The status of being baptised also had important legal implications for
slaves in the settlement. In his work Race attitudes in South Africa, I.D.
MacCrone87 pointed out the most important implications of the rite of bap-
tism for the slave community at the Cape. After baptism a non-European
was accepted in the Christian community and socially received as a mem-
ber of the settlement. Legally it meant freedom in the Christian common-
wealth. The issue of baptism of slaves soon became a bone of contention in
the settlement: the local church applied the requirements set by the Synod
of Dordt strictly by demanding that parents wishing to have their children
baptised have the required knowledge of Christian doctrine, while the
Council of Policy demanded that all persons submitting children for bap-
tism be allowed to do so. This as a matter of fact had the effect of dividing
ecclesiastical and political authorities on the issue with the resulting con-
flict ensuing. A service in which a slave woman tried to have her child bap-
tised was interrupted by the pastor of the ship Weenenburgh who objected to
the baptism of the child and the officiating clergyman refrained from per-
forming the ceremony.88 The next morning, however, the Council met and
unanimously resolved to adhere to the orders received from the authorities
and to instruct the minister to baptise the rejected slave child on the fol-
lowing Sunday, together with any others who might be brought forward for
that purpose. Their motivation was that “it is our desire to preserve har-
mony and peace in ecclesiastical as well as political matters at this place.”89
In 1679 Van Arckel’s baptism policy was once again questioned, this time
by the Reverend Johannes Overney. When he became pastor at the Cape in
that year, he wrote to the Classis in Amsterdam for clarification of the cor-
rect procedure concerning baptism of “heathen” children.90 The Classis
responded by quoting verbatim from the resolutions at the Synod of Dordt,
and concluded that they
86 Ibid.
87 Race attitudes in South Africa: historical, experimental & psychological studies (Johan-
nesburg & Oxford, 1937):41; also see 7, 40-46, 76-78, 129 note 1, 134-135.
88 See De Kock, Those in bondage, 10.
89 Ibid., 110-111. Translation by the author AWGR.
90 See the letter of the Reverend Johannes Overney to the Classis of Amsterdam,
n.d., in C. Spoelstra, Bouwstoffen voor de geschiedenis der Nederduitsch-Gereformeerde
Kerken in Zuid-Afrika, deel I (Basic sources for the history of the Dutch Reformed
Churches in South Africa, part II) (Amsterdam: HAUM, 1907):28.
167
Raath Law, religion and the covenanted community 
trust that your reverence will desire, in these and other cases, to
establish the church order along the line of the Fatherland, for more
unity and edification.91
The Classis in effect repudiated the policy of Van Arckel and the Compa-
ny on this issue. Ten years later the issue flared up again, when the Church
Council stated that the custom of baptising black children whose parents
were not Christians should be altered. The local church was of the convic-
tion that when children of parents who were not Christian were brought for
baptism, the rite should be deferred and the parents instructed in the tenets
of Christianity. The Council of Policy, however, referred the Church Coun-
cil to the orders from Batavia and that was the end of the matter for the
time being. The issue remained a dividing matter until well into the sec-
ond half of the 18th century and the instructions issued from time to time
were ignored. A clear indication of the strong opposition by pastors to the
attitude of the Council of Policy appears from the rather aggressive remarks
by the Reverend E.F. Le Boucq, who, appealing to the enforcement of the
policy established at the Synod of Dordt, observed that the rite of baptism
was shamefully abused and turned into an “abomination” because, without
making any distinction and determining whether parents were of Christian
persuasion, persons applying for the baptising of their children were indis-
criminately given the opportunity to do so. Le Boucq added:
If the Governor would clothe a sheep in human garments and send
it to the pastor, it would be baptised, because the pastor’s main aim
would be to gain the favour of the Company to please him.92
The point is that the Zurich line of Reformed theology created the pos-
sibility of stronger involvement by the political authorities in the internal
functioning of the church and its ministration of the sacraments. This pos-
sibility was exploited by the Council for its own selfish reasons.
3.2 Covenant theology and the administration of justice by
the Council of Justice
The influence of the Zurich reformation also extended into the sphere of the
administration of justice by the Council of Justice. Because of the elemen-
tary nature of the law applied at the Cape, the absence of professional
lawyers in the first years of the settlement as well as the absence of law
books in the settlement, the jurisprudence administered by Jan van Rie-
91 Undated letter c1679, Classis Amsterdam to the Reverend Johannes Overney,
in Spoelstra, Bouwstoffen, part I:10.
92 Spoelstra, Bouwstoffen I:64. Translation by the author AWGR.
168
Acta Theologica 2003: 1
beeck and his Council was based mainly on the interpretation of the theo-
logical sources available.93 During the whole period of rule by the Company
(1652-1795), no comprehensive set of instructions was available for appli-
cation by the Council of Justice.94 Although Dutch law theoretically had
priority in cases before the Council of Justice at the Cape, Jan van Riebeeck
and his Council mainly relied on sources which could be applied and under-
stood in a community bound together by joint theological views and which
could be understood by lay persons not schooled in jurisprudence. The
acceptance of the principle that the whole of life and society are bound
together by common bonds and that the whole community under the rule
of government, is compelled to obey God’s law, was the result of the view
of the Christian community as a corporate entity acting as a single unit,
with the members bound together within the covenant. A direct consequence
of this view is the duty of political rulers to uphold God’s law and punish
offenders. As a matter of fact, the application of God’s law is the pivot
where a unity of covenant and religion serves as the basis of the rule of law
to be applied in the community.95 An analysis of the jurisprudence of the
Council of Justice confirms the strong impact of covenant theology in the
legal administration. The performance of the functions of public officials
reflects a sensitivity for and commitment to the precepts of covenant theo-
logy in the public sphere of the settlement. The principles of theological
federalism are reflected in the standard formulary prayers at official func-
tions,96 the correspondence by and to public officials and bodies, the reso-
93 See Raath, “Federal jurisprudence …”, 100-101.
94 G.G. Visagie, Regspleging en reg aan die Kaap van 1652 tot 1806 (Administration
of justice and law at the Cape from 1652 to 1806) (Cape Town, Wynberg, Jo-
hannesburg: Juta, 1969):45.
95 See A.W.G. Raath, “Federale teonomie: Die impak van die federale teologie op
die publieke regslewe van die vroeë Kaapse volksplanting (1652-1708)” (“Fe-
deral theonomy: the impact of federal theology on public law in the early Cape
settlement (1652-1708) (Unpublished paper: University of the Orange Free
State, 1999).
96 A good example of such a formulary prayer is the one prescribed by the Dutch
East India Company and prayed by Van Riebeeck on board ship on 30 Decem-
ber 1651 (see Resolutiën van den commandeur en raden van het Fort De Goede Hoop,
1652-1662 (Resolutions of the commander and council of the Fort of Good
Hope, 1652-1662), ed. H.C.V. Leibbrandt (Cape Town: W.A. Richards & Sons,
1898), Foreword.
169
Raath Law, religion and the covenanted community 
lutions of the Council,97 and, above all, the strong emphasis on the applica-
tion of God’s moral law as a standard for managing public functions.98 The
practical nature of the commentaries by Bullinger and Ursinus on the pre-
cepts contained in the First and Second Tables of God’s Law provided the
Council of Justice with basic source material which was not unknown to the
simple and unsophisticated sea-faring community subjected to the preaching
by the Sick Comforters, thereby eliminating the excuse of ignorance of the
law. The edicts issued by the Governor supplemented the commentaries on
the Decalogue. These edicts can in certain respects be seen as the result of
the general principles of law expressing a clear covenantal basis and provi-
ding the Council of Justice with the material to develop a distinct system
of federal jurisprudence. On the foundations of Reformed covenant theology
the whole system of public education was legally structured to educate the
children in the basics of the Reformed religion;99 the promotion and main-
tenance of the true worship of God;100 the protection of the sanctity of the
sabbath;101 the protection of public authority;102 the protection of public
97 See ibid., 2, 4, 10, 15, 18, 20, for examples of resolutions confessing man’s de-
pendence on God.
98 See Raath, “Federal jurisprudence”, 102-103.
99 In terms of the Church Law of 1624, teachers were compelled to maintain the
principles of the Reformed religion in the public education of children. This
was enforced at the Cape. In order to infuse a positive spirit to honour God’s
name, the School Ordinance of 1712, by Jan de la Fontaine, regulated the reli-
gious education provided at public schools. See Cape Archives, Cape book of
edicts, Part II, 1707-1753, 35.
100 E.g. under Van der Stel’s rule the abuse of God’s holy name was strongly prohi-
bited, and heavy penalties, including piercing of the offender’s tongue, were
enforced for transgressing these orders. See Cape Archives, Cape book of edicts,
Part II, 1707-1753, 145.
101 Already in 1657 Van Riebeeck took steps to ensure that innkeepers would not
sell liquor during religious services. See Cape Archives, Cape book of edicts, Part
I, 1652-1707, 84. In 1665 Zacharias Wagenaar was forced to issue a law to
prohibit gambling on Sundays. See Cape Archives, Cape book of edicts, Part I,
1652-1707, 84.
102 All forms of insubordination to legitimate authority were heavily punished and
corporal punishment was usually inflicted. See A.J. Boëseken, Uit die Raad van
Justisie, 1652-1672 (From the Council of Justice, 1652-1672) (Pretoria: Go-
vernment Printer, 1986):1-2 (Council of Justice (C.J.)) 780.
170
Acta Theologica 2003: 1
morality;103 the protection of public and private property;104 the protection
of the honour and good name of the residents in the settlement;105 and the
education of the residents to respect justice, virtue, and honesty.106
The covenantal paradigm providing the backbone for the application of
the rule of law, reflected a strong Scriptural basis. In the case of Jan Leen-
dertsz of 18 September 1656, he was found guilty of murder and sentenced
to be scourged and branded and locked in chains for 15 years for his “god-
less intention and impetuosity.”107 On 22 March 1668, a number of trials
were held in which the mutinous behaviour of the crew on board the ship
Huijs te Velsen was condemned, and a number of the hands on deck were
found guilty. The conduct of some of the mutineers was described as intole-
rable to a well-organised government and “punishable in terms of all the
laws of God and man and as a deterrent by means of the harshest punish-
103 All forms of adultery, immorality, such as fornication, prostitution, immoral
acts, and lasciviousness, were severely punished by law. In a number of edicts,
public manifestations of immorality, such as intimacy with slaves and keeping
of concubines, were strongly prohibited. See Cape Archives, Cape book of edicts,
Part I, 1652-1707, 151-152. In 1610 e.g. Pieter Hansz took refuge on a ship
at the Cape because of the heavy penalties for fornication with women of the
indigenous population (Precis of the Archives of the Cape of Good Hope, Letters re-
ceived, 1695-1708, ed. H.C.V. Leibbrandt (Cape Town: W.A. Richards & Sons,
Government Printers, 1896):233).
104 All instances of theft were punished very strictly and banishment and corporal
punishment by scourging, whipping, lashing, and flogging were common
forms of punishment. See the many cases reported in Boëseken, Uit die Raad
van Justisie, 1652-1672, dealing with theft. In many instances, thieves were
locked in chains or keelhauled. See the case of Jan Pieter Soenwater, found
guilty of theft on 6 December 1652 (Boëseken, ibid., 35-36 (C.J. 780, 18-21)). 
105 For cases falling in this category see Boëseken, Uit die Raad van Justisie, 1652-
1672.
106 This was the direct result of the emphasis placed on the principle that man’s
thoughts, motives, and inclinations ought to be consistent with the will of
God and that a spirit of obedience be cultivated among the people. To this end,
the penalties for transgression of the principles of the moral law were applied
in such a manner in order to deter and discourage criminal conduct. In many
instances, these penalties were exacted in public so as to deter possible future
criminal acts. See Boëseken, Uit die Raad van Justisie, 1652-1672, for the wide
variety of penalties inflicted.
107 Boëseken, Uit die Raad van Justisie, 1652-1672, 88-96.
171
Raath Law, religion and the covenanted community 
ments”.108 In the case of Jeronimus Cruse from Bielefeld the prosecutor
demanded his removal from office for three months because his challenging
of a compatriot to a duel was in conflict with the “laws of God and man”
and contrary to military discipline.109
Not only the application of the precepts of the moral law were enforced
in line with the expositions of Bullinger and other proponents of covenant
theology but also the principles of natural law and the role of these precepts
in the public sphere. The view that God, through His Spirit, implanted the
basic notions of right and wrong in the heart, reason and conscience of man
at creation and that the moral law revealed in Scripture merely reflects a
more complete statement of this basic natural law, was also applied with
criminal sanction in the settlement. On 27 May and 6 July 1671, Gerrit
Ridder Muijs, Huijbert Balthese Gruijt, and Frans de Vries were convicted
for abandoning 17 crew members of their ship in the bay of Osmedos de
Cura.110 In the course of the trial, the prosecutor branded their behavior as
conduct in conflict with “all reasonableness and their conscience through
their purposeful inconsiderateness” and whose transgression was not only
“in conflict with the commandments of God and Christian love, but also
contrary to natural and civil laws”.111 Although the unbaptised Hottentots
at the Cape were not included in the covenanted community, they were
judged on the basis of the naturally revealed knowledge of right and wrong
in their hearts. The basic covenantal principle that both heathen and Chris-
tian were subject to the precepts of God’s Word, that God implanted his
revelation in the hearts of the heathens, and that they were also deemed to
be subject to God’s law was also applied in the criminal jurisprudence of
the settlement. Such a case in point was that in which five Hottentots were
tried on 10 February 1672 for murder and stock-theft.112 They were found
guilty, and three of the group were scourged, branded, and sent to Robben
Island. The contentious issue was whether they could be tried on the same
basis as Europeans in spite of their perceived barbarity. The prosecutor con-
tended that although they appeared to be more beastly than human in
nature in terms of their education and intercourse, they did have a reason-
108 Ibid., 249 (C.J. 2952, 185-190; C.J. 1, 412 and 414-416; C.J. 780, 243-248).
109 Ibid., 321-324 (C.J. 1, 624-626).
110 Ibid., 326-364 (C.J. 281, 229-334; C.J. 2925, 373-387; C.J. 1, 657, 662, 674
and 683-688).
111 Ibid.
112 In Boëseken, Uit die Raad van Justisie, 374-384 (C.J. 2925, 487-489; C.J. 1,
746-747; C.J. 282, 37-66; C.J. 383-387).
172
Acta Theologica 2003: 1
able soul and, consequently, had the law of nature implanted in them.113
With the extract from Justinian in mind that natural law consists of that
which nature teaches all living beings, he further advanced the conclusion
that they had the law of nature (and thus the common law of nations)
implanted as a natural gift.114 This implied, the prosecutor argued, that
man has an inborn judgement of reason to do good and to shun evil, dif-
ferent from animals.115 Because the Hottentots had also received God’s ge-
neral revelation, the implication was that they also had a natural knowledge
of right and wrong, and, to that extent, they also participated in the law of
nature and the common law of mankind. They, therefore, had access to the
knowledge of the religion of God, respect for authority, defence of the body,
freedom, and the like.116 Because of this implied knowledge the prosecutor
argued that they should be found guilty. Although being “godless unchris-
tians”, they nevertheless had God’s general revelation and thus had to be
punished for their crimes. The accused Hottentots were subsequently found
guilty and convicted for their crimes.
4. CONCLUSIONS
The investigation into the impact of Reformed religion on the religious, social
and legal structures in the early Cape settlement leads us to the influence
of the Zurich reformation with its emphasis on the covenant with its infra-
lapsarian theological elements in the line of Huldrych Zwingli, Heinrich
Bullinger and Zacharias Ursinus. In the centre of this stream of thought
man’s direct and personal relationship with God is stressed, as well as man’s
responsibilities in obeying God’s law, and the active role of believers in sha-
ping society, polity, and system of law in which they live. Different from
Calvin’s predestinarian views, with its supralapsarian character, man’s active
role and responsibility in giving shape to social, political and legal struc-
tures and the covenant providing a strong sense of solidarity and social
commitment is stressed, forming the common bond for active community
life. The daring nature of the Dutch sea-faring community, the ability to
endure severe hardships, the perseverance in the efforts to make the settle-
ment a profitable venture and the commitment to the economic cause
which the pioneering settlers took upon themselves are indicative of the dy-
namics of the motivational cause of the covenant rather than the predesti-
narian commitment of John Calvin.
113 Ibid., 378.
114 Ibid.
115 Ibid.
116 Ibid.
173
Raath Law, religion and the covenanted community 
The historical, sociological, theological and political implications of the
covenant paradigm on South African history and human relationships
appear to be of major significance. It, therefore, appears that no jurispru-
dential, sociological, theological, or political study of white South African
society generally, and Boer society in particular, can be undertaken without
considering the role of the covenantal perspective in the shaping of social
relationships and legal obligations in the political system. In any event, the
so-called Calvinistic roots of South African society and/or a fixation on the
alleged impact of Calvin’s theology on the sea-faring community of the
Dutch East India Company and the early Cape settlement needs urgent and
thorough reconsideration.
Keywords Trefwoorde
South African history Suid-Afrikaanse geskiedenis
1652-1708 1652-1708
Law & religion Wet & godsdiens
Zwingli Zwingli
Bullinger Bullinger
174