Treatise of Civil Policy, Treatise · Question 3
QUEST. III. Whether Royall Power and definite forms of Government be from God?
THe King may be ſaid to be from God and his word in theſe ſeveall notions. 1. By way of permiſſion, Ier. 43. 10. Say to them, thus The King from God, underſtood in a foure…old ſenſe.ſaith the Lord of hoaſts the God of Iſrael, Behold I will ſend and take Nebuchadnezzar the King of Babylon, my ſervant, and will ſet his throne upon theſe ſtones that I have hid, and he ſhall ſpread his royall pavilion over them. And thus God made him a Catholick King, and gave him all Nations to ſerve him, Jer. 27. 6, 7, 8. though he was but an unjuſt Tyrant, and his ſword the beſt title to thoſe crownes.
2. The King is ſaid to be from God, by way of naked approbation. God giving to a people power to appoint what Government they ſhall thinke good, but inſtituting none in ſpeciall, in his Word. This way ſome make Kingly power to be from God in the generall, but in the particular to be an invention of men, negatively lawfull, and not repugnant to the Word; as the wretched Popiſh ceremonies are from God. But we teach no ſuch thing: let iSacroſan. reg. maj. the ſacred and royall prerogative of Chriſtian Kings c. 1. q. 1. p. 6, 7.Maxwell free his Maſter kBellarm. de locis, l. 5. c. 6. not. 5. Politica univerſè conſiderata eſt de jure divino, in particulari conſiderata eſt de jure gentium.Bellarmine and other Ieſuites, with whom he ſideth in Romiſh Doctrine: we are free of this. Bellarmine ſaith that politick power in generall is warranted by a Divine law; but the particular formes of politick power, he meaneth Monarchie, with the firſt, is not by Divine right, but de jure gentium, by the law of nations, and floweth immediately from humane election, as all things, ſaith he, that appertein to the law of Nations. So Monarchie to Bellarmine is but an humane invention, as Mr. Maxwell his Surplice is: and D. Ferne, ſect. 3. p. 13. ſaith with Bellarmine.
3. A King is ſaid to be from God, by particular deſignation, as he appointed Saul by name for the crown of Iſrael. Of this hereafter.
4. The Kingly or Royall office is from God by divine inſtitution Royall power is of divine inſtitution.and not by naked approbation: for firſt, we may well prove Aarons Prieſthood to be of divine inſtitution, becauſe God doth appoint the Prieſts qualification from his familie, bodily perfections, and his charge. And we take the Paſtor to be by divine law and Gods inſtitution, becauſe the Holy Ghoſt, 1 Tim. 3. 1, 2, 3, 4. deſcribeth his qualification, ſo may we ſay that the Royall power is by divine inſtitution, becauſe God mouldeth him, Deut. 17. 15. Thou ſhalt in any wiſe ſet him King over thee, whom the Lord thy God ſhall chooſe, one from amongſt thy brethren, &c. Rom. 2 13. There is no power but of God, the powers that be, are ordained of God. 3. That power muſt be ordained of God as his own ordinance, to which we owe ſubjection, for conſcience, and not only for feare of puniſhment: but every power is ſuch, Rom. 13. 4. To reſiſt the Kingly power, is to reſiſt God. 5. He is the Miniſter of God for our good. 6. He beareth the ſword of God to take vengeance upon ill-doers. 7. The Lord expreſly ſaith, 1 Pet. 2. 17. Feare God, honour the King, v. 13. Submit your ſelves to every ordinance of man for the Lords ſake, whether it be to the King as ſupreme, 14. or unto governours, as unto thoſe that are ſent by him, &c. Tit. 3. Put them in mind to be ſubject to principalities and powers: and ſo the fift Commandement layeth obedience to the King on us, no leſſe then to our parents. Whence I conceive that power to be of God, to which by the morall law of God, we owe perpetuall ſubjection and obedience. 8. Kings and all Magiſtrates are Gods, and Gods deputies and lieutenants upon earth, Pſ. 82. 1. 6, 7. Exod. 22. 8. Exod. 4. 16. and therefore their Office muſt be a lawfull ordinance of God. 9. By their Office they are feeders of the Lords people, Pſ. 78. 70. 71. 72. the ſhields of the earth, Pſ. 47. 9. nurſing fathers of the Church, Pſ. 49. 23. Captaines over the Lords people▪ 1 Sam. 9. 19. 10. It is a great Iudgement of God, when a Land wanteth the benefit of ſuch ordinances of God, Eſay 3. 1, 2. 3. 6, 7. 11. The execution of their office is an act of the juſt Lord of heaven and earth, not onelyonly by permiſſion, but according to Gods revealed Will in his Word; their judgement is not the judgement of men, but of the Lord, 2 Chron. 19. 6. and their Throne is the Throne of God, 1 Chron. 19. 21. 12. aHi…romy in L. 4. Comment. in I…rem.Hi…rom ſaith, to puniſh murtherers and ſacrilegious perſons is not bloud-ſhed, but the miniſtery and ſervice of good Lawes. So if the King be a living law by Office, and the law put in execution which God hath commanded, then as the Morall Law is by divine inſtitution, ſo muſt the Officer of God be, who is Cuſtos & vindex legis divinae, the keeper, preſerver, and avenger of Gods Law, and bBaſilius Epiſt. 125.Baſilius, this is the Princes Office, Vt opem …erat virtuti, malitiam vero impugnet, when Paulinus Treverenſis, Lucifer Metropolitane of Sardinia, Dionyſius Mediolanenſis, and other Biſhops, were commanded by Conſtantine to write againſt Athanaſius, they anſwered, Regnum non ipſius eſſe, ſed dei, aquo acceperit, the Kingdom was Gods, not his; as cAthanaſius Epiſt. ad ſolita.Athanaſius ſaith: dOptat. Melevitanus. Lib. 3.Optatus Milevitanus helpeth us in the cauſe where he ſaith with Paul, VVe are to pray for heathen Kings. The genuine end of the Magiſtrate ſaith eEpiphanius▪ …. 1. tom. 3. Hereſ. 40.Epiphanius, is ut ad bonum ordinem univerſitatis mundi omnia ex deo bene diſponantur atque adminiſtrentur. But ſome object, if the Kingly Power be of divine inſtitution, then ſhall any other government be unlawfull and contrary to a divine inſtitution, and ſo we condemne Ariſtocracy, and Democracy as unlawfull. Anſ. This conſequence were good, if Ariſtocracy and Democracy were not alſo of divine inſtitution, as all my arguments prove; for I judge they are not Governments different in nature, if we ſpeake Morally and Theologically, onelyonly they differ politically and poſitively; nor is Ariſtocracy any thing but diffuſed and inlarged Monarchy, and Monarchy is nothing but contracted Ariſtocracy, even as it is the ſame hand, when the thumb and the foure fingers are folded together, and when all the five fingers are dilated, and ſtretched out, and where ever God appointed a King, he never appointed him abſolute, and a ſole independent Angell, but joyned alwaies with him Iudges, who were no leſſe to judge according to the Law of God, 2 Chron. 19. 6. then the King, Deut. 17. v. 15. And in an obligation morall of judging righteouſly, the conſcience of the Monarch, and the conſcience of the inferiour Iudges are equally, with an immediate ſubjection under the King of Kings, for there is here a co-ordination of conſciences, and no ſubordination, for it is not in the power of the inferiour Iudge to judge, Quoad ſpecificationem, as the King commandeth him, becauſe the judgement is neither the Kings, nor any mortall mans, but the Lords, 2 Chronicles 19. 6, 7.
Hence all the three formes are from God, but let no man ſay, if they be all indifferent and equally of God, ſocieties and Kingdomes are left in the dark, and know not which of the three they ſhall pitch upon, becauſe God hath given to them no ſpeciall direction, for one rather than for another. But this is eaſily anſwered, that a republick appoint Rulers to governe them, is not an action indifferent,How and in what ſence any forme of Government is indifferent. but a Morall action, becauſe to ſet no Rulers over themſelves I conceive were a breach of the fift Commandement, which commandeth government to be one or other. 2. It is not in mens free will that they have government or no government, becauſe it is not in their free will to obey, or not to obey the acts of the Court of nature, which is Gods Court, and this Court enacteth that ſocieties ſuffer not mankind to periſh, which muſt neceſſarily follow, if they appoint no government; alſo it is proved elſe where, that no Morall acts in their exerciſes and uſe are left indifferent to us; ſo then, the aptitude and temper of every Common-wealth to Monarchy, rather then to Democracy, or Ariſtocracy is Gods Warrant, and neareſt call to determine the wills and liberty of people to pitch upon a Monarchy, Hic & nunc, rather then any other forme of Government, though all the three be from God, even as ſingle life and Marriage are both the lawfull Ordinances of God, and the conſtitution and temper of the body is a calling to either of the two; nor are we to think that Ariſtocracy and Democracy are either unlawfull Ordinances, or mens inventions, or that thoſe ſocieties which want Monarchy doe therefore live in ſins.
But ſome ſay, that Peter calleth any form of Government, an humane Ordinance, 1 Pet. 2. 13. foreign. Therefore MonarchyHow Government is an Ordinance of man, 1 Pet. 2 3. can be no Ordinance of God. Anſw. fRivetus in d…eal. Mand. 5. pa. 194.Rivetus, It is called an Ordinance of man, not becauſe it is an invention of man, and not an Ordinance of God, but reſpectu ſubjecti; gPiſc. in loc▪Piſcator, Not becauſe man is the efficient cauſe of Magiſtracie, but becauſe they are men who are Magiſtrates. hDiodat. annot.Diodatus, Obey Princes and Magiſtrates, or Governours made by men, or amongſt men. iOecumenius Quod hominum diſpoſitione conſiſtit, & humanis ſuffragii… creatur.Oecumenius, an humane conſtitution, becauſe it is made by an humane diſpoſition, and created by humane ſuffrages. kDydimus.Dydimus, preſides preſidents made by men. lCajetan, officium regiminis, quia humanis ſuffragiis creatur.Cajetanus, mEſtius in loc.Eſtius, Every creature of God (as Preach the Goſpel to every creature) in authority. But I take the word every creature of man, to be put 1. Emphatically, to commend the worth of obedience to Magiſtrates, though but men, when we do it for the Lords ſake: Therefore nBetrandus tom. 4. Bib.Betrandus Cardinalis Edn… ſis ſaith, he ſpeaketh ſo for the more neceſſity of merit; and oGloſſ. ordinar.Gloſſa Ordinaria ſaith, Be ſubject to all powers, Etiam ex infidelibus & incredulis, Even of infidels and unbeleevers. pLyranus.Lyranus, For though they be men, the image of God ſhineth in them; and the Syriack▪ as qSyriak.Lorinus ſaith, leadeth us thereunto, rLorin. in l….foreign Lechullechum benai anaſa. Obey all the children of men that are in authority. 2. It is an Ordinance of men, not effectively; as if it were an invention, and a dream of men: But 2. ſubjectively, becauſe exerciſed by man. 3. Objectively, and foreign for the good of men, and for the externall mans peace and ſafety eſpecially; Whereas Church-Officers are for the ſpirituall good of mens ſouls. And ſDurandus lib. de orig. jurisDurandus ſaith well, Civill power according to its inſtitution is of God, and according to its acquiſition, and way of uſe, its of man. And we may thus farre call the forms of Magiſtrates, an humane Ordinance, That ſome Magiſtrates are ordained to care for mens lives, and matters criminall, of life and death, and ſome for mens Lands and eſtates; ſome for commodities by Sea, and ſome by Land; and Magiſtrates according to theſe Determinations or humane Ordinances.