Treatise of Civil Policy, Treatise · Question 8
QUEST. VIII. Whether the Prelate proveth by force of reaſon, that the people cannot be capable of any power of Government?
P. Prelate. God and nature giveth no power in vain, and which may not be reduced into action; but an active power, or a power of actuall governing, was never acted by the Communitie; therefore this power cannot be ſeated in the Communitie as in the prime and proper ſubject; and it cannot be in every individuall perſon of a Communitie, becauſe Government intrinſecally and eſſentially includeth a ſpecified diſtinction of Governours, and ſome to be governed; and to ſpeak properly, there can no other power be conceived in the Communitie naturally and properly, but only poteſtas paſſiva regiminis, a capacitie or ſuſceptabilitie to be governed, by one or by moe, juſt as the firſt matter deſireth a forme. This obligeth all, by the dictate of Natures law, to ſubmit to actuall government: and as it is in every individuall perſon, it is not meerly and properly voluntary, becauſe howſoever nature dictates, that government is neceſſary for the ſafety of the ſociety, yet every ſingular perſon, by corruption and ſelfe-love, hath a naturall averſeneſſe and repugnancie to ſubmit to any; every man would be a King himſelfe: This univerſall deſire, app…titus univerſalis aut naturalis, or univerſall propenſion to Government, is like the act of the underſtanding aſſenting to the firſt undeniable principles of truth, and to the wills generall propenſion to happines in generall, which propenſion is not a free act, except our new Statiſts, as they have changed their faith, ſo they overturne true reaſon, it will puzzle them infinitely to make any thing in its kinde paſſive, really active and collative of poſitive acts and effects. All know, no man can give what he hath not: an old Philoſopher would laugh at him who would ſay, that a matter perfected and actuated by union, with a forme, could at pleaſure ſhake off its forme, and marrie it ſelfe to another: they may as well ſay, every wife hath power to reſume her freedome, and marrie another, as that any ſuch power active is in the Communitie, or any power to caſt off Monarchie.
Anſ. The P. Prelate might have thanked Spalato for this Argument, but he doth not ſo much as cite him, for feare his theft be deprehended, but Spalato hath it ſet downe with ſtronger nerves, then the Prelates head was able to copie out of him. But aM. Anto. de domini. Arch. Spalatenſ. l. 6. c. 2. n. 5. 6. … potius heb…t … na…ra, non t…m vim active rectivam aut gubernativam, quam inclinationem pasſive re gibilem (ut ita loquar) & gubernabilem, qua volens & libens ſeſe ſubmittit rectoribus &c.Iac▪ de Almain, and bAlmain. de poteſt. & La. 1 q. 1. c. 1. 6. & q. 2. 3, 5.Navarrus, with the Pariſion Doctors ſaid in the Concell of Paris, that politick power is immediately from God, but firſt from the community; but ſo, that the community apply their power to this o… that Government, not of liberty, but by naturall neceſſity, but Spalato and the Plagiarie Prelate doe both looke beſide the booke. The queſtion is not now concerning the vis rectiva the power of governing in the people, but concerning the power of government, for theſe two diſter much, the former is a power of ruling and Monarchicall commanding of themſelves, this power is not formally in the people, but only vertually; and no reaſon can ſay, that a vertuall power is idle, becauſe it cannot be actuated by that ſame ſubject that it is in, for then it ſhould not be a vertuall, but a formall power. Doe not Philoſophers ſay ſuch a Hearb vertually maketh hot▪ and can the ſottiſh Prelate ſay, this vertuall power is idle, and …vaine given of God, becauſe it doth not formally(c) Navarrus heate your hand when you touch it. 2. The P. Prelate who(d) Nem. don▪ iud. not. 3. n. 85. In any community there are active and paſſive power to government. is excommunicated for Popery, Socinianiſme, Arminianiſme, and is now turned Apoſtate to Chriſt, and his Church muſt have changed his faith▪ not we, and be reaſonleſly ignorant to preſſe that axiome, that the power is idle that cannot be reduced to acts; for a generative power is given to living and ſenſitive creatures, this power is not idle though it be not reduced in act, by all and every individuall ſenſitive creature. A power of ſeeing is given to all who naturally doe, or ought to ſee, yet it is not an idle power, becauſe divers are blind, ſeeing it is put forth in action in divers of the kind; ſo this power in the community is not idle, becauſe it is not put forth in acts in the people, in which it is vertually, and is put forth in action in ſome of them, whom they chooſe to be their Governours; nor is it reaſonable to ſay that it ſhould be put forth in action by all the people, as if all ſhould be Kings and Governours. But the queſtion is not of the power of governing in the people, but of the power of Government, that is, of the power of making Governours and Kings, and the community doth put forth in act this power, as a free, voluntary, and active power, for 1. a Community tranſplanted to India or any place of the world, not before inhabited have a perfect liberty to chooſe either a Monarchy, or a Democracy, or an Ariſtocracy; for though nature incline them to Government in generall, yet are they not naturally determinated to any one of thoſe three, more than another. 2. Iſrael did of their free will chooſe the change of government, and would have a King, as the Nations had, ergo they had free will, and ſo an active power ſo to doe, and not a a pasſive inclination only to be governed, ſuch as Spalato ſaith agreeth to the firſt matter, 3, Royaliſts teach that a people under Democracy, or Ariſtocracy have liberty to chooſe a King, and the Romanes did this, ergo they had an active power to do it, ergo the Prelates ſimile crookes, the matter at its pleaſure cannot ſhake off its forme, nor the wife caſt off her husband being once married; but Barclaius, Grotius, Arniſaens, Blackwood, and all the Royaliſts teach that the people under any of theſe two formes of Democracy or Ariſtocracy, may reſume their power, and caſt off theſe formes and chooſe a Monarch, and if Monarchy be the beſt government as Royaliſts ſay, they may choſe the beſt, and is this but a paſſive capacity to be governed? 2. Of ten men fit for a Kingdome they may deſigne one, and put the Crowne on his head, and refuſe the other nine, and Iſrael crowned Solomon and refuſed Adoniah. Is this not a voluntary action, proceeding from a free active, elective power? It will puzzle the pretended Prelate to deny this, that which the community doth freely, they doe not from ſuch a paſſive capacity, as is in the firſt matter, in regard of the forme. 3. It is true that people through corruption of nature are averſe to ſubmit to Governours, for conſcience ſake, and as to the Lord, becauſe the naturall man remaining in the ſtate of nature can doe nothing that is truely good, but it is falſe that men have no active Morall power to ſubmit to ſuperiours, but only a paſſive capacity to be governed, he quite contradicteth himſelfe, for he ſaid before, c. 4. pag. 49. that there is an innate feare and reverence in the hearts of all men naturally, even in Heathen toward their Severaign; yea as we have a naturall morall active power to love our Parents and ſuperiours (though it be not Evangelically, or legally in Gods Court, good) and ſo to obey their commandements, only we are averſe to penall Lawes of ſuperiours; but this proveth no way, that we have only by nature, a paſſive capacity to government; for Heathens have by inſtinct of nature both made Lawes morally good, ſubmitted to them, ſet Kings and Iudges over them; which clearely proveth that men have an active power of Government by nature. 4. yea, what difference maketh the Prelate betwixt men and beaſts, for beaſts have a capacity to be governed, even Lyons and Tigers; but here is the matter, if men have any naturall power of Government, the P. Prelate would have it with his brethren Ieſuites and Arminians to be not naturall, but done by the helpe of univerſall grace, for ſo doe they confound nature and grace. But it is certaine our power to ſubmit to Rulers and Kings as to rectors, and guides and fathers, is naturall, to ſubmit to Tyrants in doing ills of ſinne, is naturall, but in ſuffering ills of puniſhment its not naturall. 5. No man can give that which he hath not, is true, but that people have no power to make their Governours, is that which is in queſtion, and denyed by us. 6. This argument doth prove that people hath no power to appoint Ariſtocraticall Rulers more then Kings, and ſo the Ariſtocraticall and Democraticall Rulers are all inviolable and ſacred, as the King. 2. by this the people may not reſume their freedome if they turne tyrants and oppreſſors; this the Prelate ſhall deny, for he averreth, p. 96. out of Auguſtine, that the people may without ſin change a corrupt Democracy into a Monarchy.
P. Prelate. If Soveraignty be originally inherent in the people, thenPag. 95, 96. Democracy, or Government by the people, were the beſt Government, becauſe it commeth neareſt to the fountaine and ſtreame of the firſt and radicall power in the people, yea and all other formes of government were unlawfull; and if Soveraignty be natively inherent in the multitude, it muſt be proper to every individuall of the community, which is againſt that falſe Maxime of theirs, Quiſque naſcitur liber, every one by nature is borne a free man, and the poſterity of thoſe who firſt contracted with their elected King, are not bound to that Couenant, but upon their native rest and liberty, may appoint another King without breach of covenant. The posterity of Ioſhua, and the Elders in their time, who contracted with the Gibeonites to incorporate them, though in a ſerving condition, might have made their fathers government nothing.
Anſ. The P. Prelate might thanke Spalato for this Argument alſo,Spalatenſis, Ibid. pag. 648. for it is ſtollen, but he never once nameth his name, leſt his theift ſhould be deprehended; ſo are his other Arguments ſtollen from Spalato, but the Prelate weakeneth them, and it is ſeene, ſtollen goods are not bleſſed. Spalato ſaith then, by the law of nature every Common-wealth ſhould be governed by the people, and by the law of nature, the people ſhould be under the badeſt Government▪ but this conſequence is nothing; for community of many families is formally and of themſelves under no government, but may chooſe any of the three, for popular government is not that whereinPopular Government is not that in which the whole people are Governors. People by nature, are equally indifferent to all the three forms of Government. all the people are Rulers, for this is confuſion, no government, becauſe all are Rulers, and none are governed and ruled; but in popular government many are choſen out of the people to rule, and that this is the worſt government, is ſaid gratis, without warrant, and if Monarchy be the beſt of it ſelfe, yet when men are in the ſtate of ſin, in ſome other reſpects, it hath many inconveniences. 2. I ſee not how Democracie is beſt, becauſe neereſt to the multitudes power of making a King; for if all the three depend upon the free will of the people, all are alike a far off, and alike neer hand, to the peoples free choice, according as they ſee moſt conducible for the ſafety and protection of the Common-wealth: And ſeeing the forms of Government are no more naturall, then politick Incorporations of Cities, yea, then of Shires: But from a poſitive inſtitution of God who erecteth this form, rather then this, not immediately now, but mediately by the free will of men; not one cometh formally, and e… naturâ rei, neerer to the fountain then another, except that materially Democracie may come neerer to the peoples power, then Monarchie, but the excellencie of it above Monarchie, is not hence concluded; for by this reaſon, the number of four ſhould be more excellent then the number of five, of ten, of an hundreth, of a thouſand, or of millions, becauſe four cometh neer to the number of three, which Ariſtotle calleth the firſt perfit number, cui additur foreign of which yet formally all doe alike ſhare in the nature and eſſence of number. 2. It is denied, that it followeth from this antecedent, The people have power to choſe their own Governours. Ergo, All Governments, except Democracie, or Government by the people, muſt be ſinfull and unlawfull. 1. Becauſe Government by Kings is of Divine inſtitution, and of other Iudges alſo, as is evident by Gods Word, Rom. 13. 1, 2, 3. Deut. 17. 14. Prov. 8. 15, 16. 1 Pet. 2. 13, 14. Pſal. 2. 10, 11, &c. 2. Power of choſing any form of Government, is in the people: Ergo, There is no Government lawfull, but popular Government; it followeth no wayes, but preſuppoſeth that power to choſe any form of Government, muſt be formally actuall Government, which is moſt falſe, yea, they be contrary, as the prevalency or power, and the act are contrary, ſo theſe two are contrary, or oppoſite; neither is Soveraigntie, nor any Government formally inherent in either the Communitie, by nature, nor in any one particular man, by nature; and that every man is born free, ſo as no man, rather then his brother, is born a King andSpalato 16. Auguſt. de lih. arb. l. 1. c. …. Si depravatus populus rem privatam Reipub. preferat. atque haheat venale ſuffragium cor ruptuſque ab iis qui honores amant, regnum in ſ…factioſis conſ…eleratiſque committat; non ne item rectê, ſi quis tunc extilerit vir bonus qui plurimum poſfit, adimat huic populo poteſtatem dandi honores, & in pavcorum bonorum, vel etiam unjus red regat arbitrium? Pag. 97. ſacr. ſanc. regum majest. Ruler, I hope, God willing to make good, ſo as the Prclate ſhall never anſwer on the contrary. 3. It followeth not, that the Poſteritie living, when their Fathers made a Covenant with their firſt elected King, may without any breach of Covenant on the Kings part, make voyd and null their Fathers election of a King, and choſe another King, becauſe the lawfull Covenant of the Fathers in point of Government, if it be not broken, tieth the children; but it cannot deprive them of their lawfull libertie naturally inherent in them to choſe the fitteſt man to be King: But of this hereafter more fully. 4. Spalato addeth, (the Prelate is not a faithfull theef) If the Communitie by the Law of nature, have power of all forms of Government, and ſo ſhould be, by nature, under popular Government, and yet ſhould refuſe a Monarchy, and an Ariſtocracie; yet Auguſtine addeth, If the people ſhould preferre their own private gain to the publike good, and ſell the Common-wealth, then ſome good man might take their libertie from them, and againſt their will er…ct a Monarchie, or an Ariſtocracie: But 1. the Prelate and Auguſtine, ſuppoſeth the people to be under Popular Government; this is not our caſe, for Spalato and the Prelate preſuppoſeth by our grounds, that the people by nature, muſt be under Popular Government; Auguſtine dreameth no ſuch thing, and we deny that by nature, they are under any form of Government. 2. Auguſtine in a caſe moſt conſiderable, thinketh one good, and potent man, may take the corrupt peoples power of giving Honours, and making Rulers from them, and give it to ſome good men, few, or many, or to one; then Auguſtine layeth done as a ground, that which Spalato and the Prelate denieth, That the people hath power to appoint their own Rulers; otherwayes, how could one good man take that power from them? And the Prelates fifth Argument, is but a Branch of the fourth Argument, and is anſwered already.
P. Prelate, Chap. 11. He would prove, That Kings of the peoples making, are not bleſſed of God. The firſt creature of the peoples making, was Abimelech, Iudg. 9. 22. who reigned onelyonly three yeers, well neer Anti-Chriſts time of endurance; he came to it by blood, and an evil ſpirit roſe betwixt him, and the men of Sechem, and he made a miſerable end. The next was Ieroboam, who had this Motto, He made Iſrael to ſin, the people made him King, and he made the ſame pretence of a glorious Reformation, that our Reformers now make, new Calves, new Altars, new Feaſts are erected; they baniſh the Levites, and take in the ſcum and droſſe of the vulgar, &c. 3. Every action of Chriſt, is our inſtruction; Chriſt was truely a born King, notwithſtanding, when the people would make him a King, he diſclaimed it, he would not be an arbiter betwixt two brethren differing.
Anſw. I am not to follow the Prelates order every way, though God willing, I ſhall reach him in the fore-going Chapters. Nor purpoſe I to anſwer his treaſonable railing againſt his own Nation, and the Iudges of the Land, whom God hath ſet over this ſeditious excommunicated Apoſtate. He layeth to us frequently the IeſuitesThe P. Prelate holdeth the Pope not to be the Antichriſt, but that as Papiſts ſay, the Antichriſt ſhal be one ſingle man. Tenets, when as he is known himſelf to be a Papiſt: In this Argument he faith, Abim…lech did reigne onelyonly three yeers, well neer Anti-Chriſts reign: Is not this the baſis, and the mother principle of Popery, That the Pope is not the Antichriſt? for the Pope hath continued many ages. 1. He is not an individuall man, but a race of men, but the Antichriſt, ſaith Belarmine, Stapleton, Becanus, and the nation of Ieſuites, and Poplings, ſhall be one inviduall man, a born Iaw, and ſhall reign onelyonly three yeers and a half. But 1. The Argument from ſucceſſe, proveth nothing, except the Prelate proveThe bad ſucceſſe of Kings choſen by the people proveth nothing, becauſe Kings choſen by God had bad ſucceſſe, through their own wickedneſſe. their bad ſucceſſe to be from this, becauſe they were choſen of the people. When as Saul choſen of God, and moſt of the Kings of Iſrael and Judah, who undeniably, had Gods cal…ing to the Crown, were not bleſſed of God, and their Government was a ruine to …oth people and Religion, as the people were removed to all the Kingdoms of the earth, for the ſins of Manaſſ…h, Iere. 15. 4. Was therefore Manaſſeh not lawfully called to the Crown? 2. For his inſtance of Kings unlawfully called to the Crown, he bringeth us, whole two, and telleth us, that he doubteth as many learned men do, Whether Ieroboam was a King by permiſſion onelyonly, or by a commiſſion from God. 3. Abimelech was curſed, becauſe he wanted Gods calling to the throne, for then Iſrael had no King, but Iudges extraordinarily raiſed up by God, and God did not raiſe him at all, only he came to the throne by blood, and carnall reaſons moving the men of Sechem to advance him: The Argument preſuppoſeth, that the whole lawfull calling of a King, is the voices of the people; This we never taught, though the Prelate make conqueſt a juſt title to a Crown, and it is but a title of blood and rapine. 4. Abimelech was not the firſt King, but onelyonly a Iudge; all our Divines with the Word of God maketh Saul the firſt King. 5. For Ieroboam he had Gods Word and Promiſe to be King, 1 King. 11. 34, 35, 37, 38. But in my weak judgement he waited not Gods time, and way of coming to the Crown; but that his coming to the throne was unlawfull, becauſe he came by the peoples election, is in queſtion. 5. That the peoples Reformation, and their making a new King, wasThe P. Prelate condemneth King Charles his ratifying in Parliament, 2. An. 1641. the proceedings of Scotland in this preſent Reformation. like the Kingdom of Scotlands Reformation, and the Parliament of Englands way now, is a traiterous calumny. For 1. It condemneth the King, who hath in Parliament declared all their proceedings to be legall. Rehoboam never declared Ieroboams Coronation to be lawfull, but contrary to Gods Word made war againſt Iſrael. 2. It is falſe that Iſrael pretended Religion in that change, the cauſe was the rough anſwer given to the ſupplication of the Eſtates, complaining of their oppreſſion, they were under in Solomons reign. 3. Religion is ſtill ſubjected to policie by Prelates and Caveliers, not by us in Scotland, who ſought nothing but Reformation of Religion, of Laws, ſo far as they ſerve Religion, as our Supplications, Declarations, and the event proveth. 4. We have no new Calves, new Altars, new Feaſts, but profeſſe, and really do hazard life and eſtate, to put away the Prelates Calves, Images, Tree-worſhip, Altar-worſhip, Saints Feaſt-dayes, Idolatry, Maſſes; and nothing is ſaid here but Jeſuites, and Cananites, and Baalites, might ſay, (though ſalſly) againſt the Reformation of Ioſiah: Trueth and purity of worſhip this yeer, is new in relation to Idolatry the laſt yeer, but it is ſimpliciter older. 5. We have not put away the Lords Prieſts, and Levites, and taken in the ſcum of the vulgar, but have put away Baals Prieſts, ſuch as excommunicated Prelate Maxwel, and other Apoſtates, and reſumed the faithfull ſervants of God, who were deprived and baniſhed, for ſtanding to the Proteſtant Faith ſworn too, by the Prelates themſelves. 6. Every action of Chriſt, ſuch as his walking on the Sea, is not our inſtruction in that ſenſe, that Chriſts refuſing a Kingdom, is directly our inſtruction: And did Chriſt refuſe to be a King, becauſe the people would have made him a King? that is, non cauſa pro cauſa; he refuſed it, becauſe his Kingdom was not in this world, and he came to ſuffer for men, not to reign over man. 7. The Prelate and others who were Lords of Seſſion, and would be Iudges of mens Inheritances, and would uſurpe the ſword by being Lords of Counſell, and Parliament, have refuſed to be inſtructed by every Action of Chriſt, who would not judge betwixt brother and brother.
P. Prelate. Jephtah came to be a Iudge by Covenant, betwixt him and the Gileadites; here you have an interpoſed Act of man, yet the Lord himſelf in authorizing him as Iudge, vindicateth it no leſſe to himſelf, then when extraordinarily he authorized Gideon and Samuel, 1 Sam. 12. 11. Ergo, whatſoever act of man interveeneth, it contributeth nothing to Royall Authority, it cannot weaken or repeal it.
Anſw. It was as extraordinary that Jepthah a baſtard, and the ſonne of an harlot, ſhould be Iudge, as that Gideon ſhould be Iudge. God vindicateth to himſelfe, that he giveth his people favour in theThat any are ſupreme Iudges, is an eminent act of ſpeciall providence, which hindereth no… but that the King is made by the people. eyes of their enemies; but doth it follow, that the enemies are not agents, and to be commended for their humanitie in favouring the people of God? So Pſal. 65. 9, 10. God maketh corne to grow; therefore clouds, and earth, and ſun, and ſummer, and husbandry contributeth nothing to the growing of corne. But this is but that which he ſaid before. We grant that this is an eminent and ſingular act of Gods ſpeciall providence, that he moveth and boweth the wills of a great multitude to promote ſuch a man, who by nature commeth no more out of the wombe a crowned King, then the pooreſt ſhepherd in the land: and it is an act of grace to endue him with heroick and royall parts for the government. But what is all this? doth it exclude the peoples conſent? in no wayes. So the works of ſupernaturall grace, as to love Chriſt above all things, to beleeve in Chriſt in a ſingular manner, are aſcribed to the rich grace of God: but can the Prelate ſay, that the underſtanding and will in theſe acts are meere patients, and contribute no more then the people contributeth to Royall authority in the King, and that is juſt nothing, by the Prelates way? And we utterly deny, that as water in baptiſme hath no action at all in the working of remiſſion of ſinnes, ſo the peopleThe people not patients, in making a King, as is water in producing grate baptiſme. hath no influence in making a King, for the people are worthier, more excellent then the King, and they have an active power of ruling and directing themſelves toward the intrinfecall end of humane policie, which is the externall ſafety and peace of a ſocietie, in ſo far as there are morall principles of the Second Table for this effect written in their heart, and therefore that royall authoritie, which by Gods ſpeciall providence, is united in one King, and as it were overgilded and luſtered with Princely grace and royall endowments, is diffuſed in the people, for the people hath an after-approbative conſent in making a King, as Royaliſts confeſſe, water hath no ſuch action in producing grace.