Treatise of Civil Policy, Treatise · Question 11
QUEST. XI. Whether or no he be more principally a King, who is a King by birth, or he who is a King by the free election and ſuffrages of the people?
VVIthout deteining the Reader, I deſire liberty to aſſert, that,
1 Aſſert. Where God eſtabliſheth a Kingdome by Birth, that government, hic & nunc, is beſt: and becauſe God principally diſtributeth Crownes, when God eſtabliſheth the Royall line of David to reigne, he is not principally a King, who commeth neereſt and moſt immediately to the fountaine of Royaltie, which is Gods immediate will; but God eſtabliſhed, his & nunc, for typicall reaſons (with reverence of the learned) a King by birth.
2 Aſſert. But to ſpeake of them, ex natura rei, and accordingA King by election commeth neerer to the firſt King then a King by ſucceſſion. to the firſt mould and paterne of a King by law. A King by election is more principally King (magis univoce & per ſe) then an hereditarie Prince; 1. Becauſe in hereditary Crownes, the firſt familie being choſen by the free ſuffrages of the people, for that cauſe ultimatè, the hereditary Prince commeth to the throne, becauſe his firſt father, and in him the whole line of the familie was choſen to the Crowne, and, propter quod unumquodque tale, id ipſum magis tale. 2. The firſt King ordained by Gods poſitive law, muſt be the meaſure of all Kings, and more principally the King, then he who is ſuch by derivation. But the firſt King is a King by election, not by birth, 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 ſhalt thou ſet over thee. If the free will of the people be not the neereſt cauſe of the firſt moulded King, God could have made no poſitive law to chooſe ſuch a man, not ſuch a man; for all poſitive lawes preſuppoſe free election. 3. The Law ſaith, Surrogatum fruitur privilegiis ejus, in cujus locum ſurrogatur: He who is ſubſtituted in the place of another, enjoyeth the priviledges of him in whoſe place be ſucceedeth. But the hereditary King hath Royall priviledges from him who is choſen King. Salomon hath the Royall priviledges of David his father, and is therefore King by birth, becauſe his father David was King by election. And this I ſay, not becauſe I think ſole birth is a juſt title to the Crown, but becauſe it deſigneth him who indeed virtually was choſen, when the firſt King of the race was choſen. 4. Becauſe there is no dominion of either Royalty, or any other way by nature, no more then an Eagle is born King of Eagles, a Lyon, King of Lyons; neither is a man by nature, born King of men: and therefore, he who is made King by ſuffrages of the people, muſt be more principally King, then he who hath no title, but the womb of his mother.
Doct. Fern is ſo farre with us to father Royaltie upon the peoplesD. Fern, part 3. ſect. …. p. 14. free election, as on the formall cauſe▪ that he ſaith, If to deſign the perſon, and to procure limitation of the power in the exerciſe of it, be to give the power; we grant the power is from the people, but (ſaith he) you will have the power originally from themſelves; in another ſenſe, for you ſay, they reſerve power to depoſe and diſplace the Magiſtrate, ſometime they make the Monarch ſupreme, and then they deveſt themſelves of all power, and keep none to themſelves, but before eſtabliſhed Government, they have no politique power, whereby they may lay a command on others, but onelyonly a naturall power of private reſiſtance, which they cannot uſe againſt the Magiſtrate.
Anſ. But to take off thoſe by the way, 1. If the King may chooſeIf the people may limit the King, they may give him power A. B. an Ambaſſadour, and limit him in his power, and ſay, Doe this, and ſay this to the forraigne State you goe to, but no more; halfe a wit will ſay the King createth the Ambaſſadour, and the Ambaſſadours power is originally from the King; and we prove the power of the Lyon is originally from God, and of the Sea, and the fire is originally from God, becauſe God limiteth the Lyon in the exerciſes of its power, that it ſhall not devoure Daniel, and limiteth the Sea, as Ieremiah ſaith, when as he will have its proud Waves to come thither, and no farther, and will have the fire to burne thoſe who throwe the three Children into the fiery furnace, and yet not to burne the three Children, for this is as if Doctor Ferne ſaid, the power of the King of ſix degrees, rather then his power of five is from the people, therefore the power of the King is not from the people, yea the contrary is true. 2. That the people can make a King ſupreame, that is, Abſolute, and ſo reſigne natures birth-right; that is, a power to defend themſelves is not lawfull, for if the people have not abſolute power to deſtroy themſelves, they cannot reſigne ſuch a power to their Prince. 3. It is falſe that a community, before they be eſtabliſhed with formall Rulers, have no politicke power, for conſider them as men onelyonly, and not as aſſociated, they have indeed no politicke power; but before Magiſtrates be eſtablished, they may convene and aſſociate themſelves in a body, and appoint Magiſtrates; and this they cannot doe if they had no politicke power at all. 4. They have virtually a power to lay on Commandements, in that they have power to appoint to themſelves Rulers, who may lay commandements on others. 5. A community hath not formally power to puniſh themſelves, for to puniſh is to inflict Malum diſconveniens naturae, an evill contrary to nature; but in appointingA community have not power formally to puniſh themſelves. Rulers, and in agreeing to Lawes they conſent they ſhall be puniſhed by another upon ſuppoſition of tranſgreſſion, as the child willingly going to ſchoole ſubmitteth himſelf in that to Schoolediſcipline, if he ſhall faile againſt any Schoole Law; and by all this tis cleare, a King by election is principally a King▪ Barclay then faileth, who ſaith, No man denyeth but ſucceſſion to a Crowne byBarclay cont. Monarcham▪ c. 2, p. 5▪ 6. birth is agreeable to nature; it is not againſt nature, but it is no more naturall, then for a Lyon to be borne a King of Lyons.
Obj. Moſt of the beſt Divines approve an hereditary Monarch, rather then a Monarch by election. Anſ. So doe I in ſome caſes, in reſpect of Empire ſimply it is not better, in reſpect of Empire now under mans fall in ſin; I grant it to be better in ſome reſpect. So Saluſt In Iugurth. Natura mortalium imperij avida. Tacitus, Hiſt.The elective King and the hereditary King better and worſe, every one then another, in divers relations. 2. Minore diſcrimine princeps ſumitur, quam queritu, there's leſſe danger to accept of a Prince at hand, then to ſeeke one a farre off. 2. In a Kingdome to be conſtituted, election is better; in a conſtituted Kingdome birth ſeemeth leſſe evill. 3. In reſpect of liberty election is more convenient; in reſpect of ſafety and peace, birth is ſafer and the neareſt way to the Well. See Bodin, De Rep. l. 6. c. 4. Thol. ozan, De Rep. l. 7. c. 4.