Treatise of Civil Policy, Treatise · Question 4
QUEST. IIII. Whether the king be only and imediatly from God, & not from the people.
THat this queſtion may be the clearer, we are to ſet down theſe Conſiderations.
1. The queſtion is, Whether the Kingly Office it ſelf come fromHow the King is from God, and how from the people. God; I conceive it is, and floweth from the people, not by formall inſtitution; as if the people had by an act of reaſon, deviſed and excogitated ſuch a power: God ordained the power; it is from the people onelyonly by a virtuall emanation, in reſpect that a community having no Government at all, may ordain a King, or appoint an Ariſtocracie. But the queſtion is, concerning the deſignation of the perſon? Whence is it that this man, rather then this man, is crowned King? and whence is it, from God immediatly, and onelyonly, that this man rather then this man, and this race or family rather then that race and family is choſen for the Crowne? or is it from the people alſo, and their free choiſe? for the Paſtor and the Doctors Office is from Chriſt onelyonly; but that Iohn rather then Thomas be the Doctor or the Paſtor, is from the will; and choice of men, the Presbyters and people.
2. The Royall power is three wayes in the people; 1. RadicallyRoyall power three wayes in the people. and virtually, as in the firſt ſubject. 2. Collativè vel communicativè, by way of free donation, they giving it to this man, not to this man that he may …ule over them. 3. Limitatè; They giving it ſo, as theſe three acts remain with the people; 1. That they may meaſure ou…, by ounce weights, ſo much Royall power, and no more, and no leſſe. 2. So as they m…y l…, …, and ſet banks, and marches to the …xccrc…. 3. That …y give it ou…, conditionatè, upon this, and this condition that t…y take again to themſelves what they gave ou…, upon condition, … … condition be violated: The firſt I conceive is cleere, 1. … … every …ing creature have radically in them a power of … …o defend themſelves from violence, as we ſee Lyons have …, ſo… How Royall power is radidically in the people.beaſts have hornes, ſome clawes; men being reaſonable creatures, united in ſocietie, muſt have power in a more reaſonable and honorable way to put this power of warding off violence, in the hands of one or moe Rulers, to defend themſelves by Magiſtrates. 2. If all men be borne, as concerning civill power, alike; (for no man commeth out of the wombe with a Diadem on his head, or a Scepter in his hand) and yet men united in a ſocietie may give crown and ſcepter to this man, and not to this man; then this power was in this united ſocietie, but it was not in them formally, for they ſhould then all have been one King, and ſo both above and ſuperiour, and below and inferiour to themſelves, which we cannot ſay: therefore this power muſt have been virtually in them, becauſe neither man, nor communitie of men can give that which they neither have formally, nor virtually in them. 3. Royaliſts cannot deny, but Cities have power to chooſe and create inferiour Magiſtrates, ergo, many Cities united have power to create an higher Ruler; for Royall power is but the united and ſuperlative power of inferiour Judges, in one greater Judge, whom they call a King.The people make the King.
2 Concluſ. The power of creating a man a King, is from the people, 1. Becauſe thoſe who may create this man a King, rather then this man, they have power to appoint a King. For a comparative action doth poſitively inferre an action, if a man have a power to marry this woman, not that woman; we may ſtrongly conclude, ergo he hath power to marry, now, 1 King. 16. The people made Omri King, and not Zimri; and his ſonne Achab, rather then Tibni the ſonne of Sinath. Nor can it be replyed this was no lawfull power that the people uſed, for that cannot elude the argument, for, 1 King. 1. the people made Salomon King, and not Adonijah, though Adonijah was the elder brother; thev ſay, God did extraordinarily both make the Office, and …eſ…gne Salomon to be King, the people had no hand in it, but approved Gods fact. Anſwer. This is that we ſay, God by the people, by Nathan the Propher, and the ſervants of David, and the states crying, (God ſave King Salomon) made Salomon King; and here is a reall action of the people. God is the firſt Agentin all acts of the Creature, where a people maketh choiſe of a man to be their King, the States doe no other thing under God but create this man, rather then another; and we cannot here find two actions, one of God, another of the people; but in one, and the ſame action; God by the peoples free ſuffrages & voices createth ſuch a man King, paſſing by many thouſands, and the people are not patientes in the action, becauſe by the authoritat…ve choiſe of the States, the man is made of a private man, and no King, a publick perſon, and a crowned King, 2 Sam. 16. 18▪ Huſhai ſaid to Abſolom, nay but whom the Lord and this people, and all the men of Iſrael chooſe, his will I be, and with him will I abide, Iudg. 8. 22. The men of Iſrael ſaid to Gideon, Rule thou over us, Iudg. 9. 6. The men of Se…hem made Abimeleth King, Iudg. 11. 8. 11. 2 King. 14. 21: The people made Azariah King, 1 Sam. 12. 1. 2 Chron. 23. 3.
2. If God doth regulate his people in making ſuch a man King, The people create a King according to the Scripture.not ſuch a man, then he thereby inſinuateth that the people have a power to make ſuch a man King, and not ſuch a man. But God doth regulate his people in making a King. Ergo the people have a power to make ſuch a man King, not ſuch a man King. The Propoſition is cleare, becauſe Gods Law doth not regulate a non-ens, a meere nothing, or an unlawfull power; nor can Gods holy Law regulate an unlawfull power, or an unlawfull action, but quite aboliſh it, and interdict it; the Lord ſetteth not downe rules and waies how men ſhould not commit Treaſon, but the Lord commandeth loyalty, and ſimply interdicteth men of treaſon▪ 2. If people have then more power to create a King over themſelves, then they had to make Prophets, then God forbidding them to chooſe ſuch a man for their King, ſhould ſay as much to his people; as if he would ſay, I command you to make Eſaiah & Ieremiah Prophets over you, but not theſe and theſe men. This certainly ſhould prove that not God onelyonly, but the people alſo with God made Prophets; I leave this to the conſideration of the godly. The Prophets were immediatly called of God, to be Prophets, whether the people conſented that they ſhould be Prophets, or not. Therefore God immediatly, and onelyonly ſent the Prophets, not the people; but though God extraordinarily deſigned ſome men to be Kings, and annoynted them by his Prophets, yet were they never actually inſtalled Kings, till the people made them Kings. I prove the aſſumption, Deut. 17.—14. When thou ſhalt ſay, I will ſet a King over me, like all the nations round about me. 15. Thou ſhalt in any wiſe ſet him King over thee, whom the Lord thy God ſhall chooſe, one from amongst thy brethren ſhalt tho… ſet King over thee, thou maiſt not ſet a ſtranger over thee, which is not thy brother. Should not this be an unjuſt charge to the people, if God onelyonly, without any action of the people, ſhould immediatly ſet a King over them? Might not the people reply, We have no power at all to ſet a King over our ſelves, no more then we have power to make Eſaiah a Prophet, who ſaw the viſions of God, to what end then ſhould God mocke us, and ſay, make a brother, and not a ſtranger King over you?
3. Expreſly Scripture ſaith, that the people made the King, though under God, Iudg. 9. 6. The men of Sechem made Abimelech King, 1 Sam. 11. 15. And all the people went to Gilgall, and there they made Saul King before the Lord, 2 King. 10. 5. We will not make any King. This had been an irrationall ſpeech to Iehu, if both Iehu and the people held the Royaliſts Tenet, that the people had no power to make a King, nor any active or cauſative influence therein; but that God immediatly made the King, 1 Chron. 12. 38. All theſe came with a perfect heart to make David King in Hebron; and all the reſt were of one heart to make David King; on the words aLavater com. in Part 12▪ 38. Hodie quo que in liberis urbibus, & gencibus, magiſtratus ſecundum dei verbum, Exod. 18. & Deut. 1. cligendi ſunt, non ex affecti…us.Lavater ſaith, the ſame way are Magiſtrates now to be choſen; now this day God by an immediate Oracle from Heaven appointeth the Office of a King; but I am ſure he doth not immediatly deſigne the man, but doth onelyonly mark him out to the people, as one who hath the moſt royall indowments, and the due qualifications required in a lawfull Magiſtrate, by the Word of God, Exod. 18. 21. Men of truth, hating covetouſneſſe, &c. Deut. 1. 16, 17. men who will judge cauſes betwixt their brethren righteouſly, without reſpect of perſons, 1 Sam. 10. 21. Saul was choſen out of the Tribes according to the Law of God, Deut. 17. they might not chooſe a ſtranger, and Abulenſis, Serrarius, C…rnelius a lapide, Sancheiz, and other Popiſh Writers think that Saul was not onelyonly anoynted with Oyle, firſt privately by Samuel, 1 Sam. 10. 1, 2. but alſo at two other times before the people, once at Mizpeh, and another time at Gilgal by a Parliament, and a Convention of the States, and Samuel judged the voices of the people ſo eſſentiall to make a King, that Samuel doth not acknowledge him as formall King, 1 Sam. 10. 7, 8, 17, 18, 19. though he honoured him, becauſe he was to be King, 1. Sam. 9 23, 24. while the Tribes of Iſrael and Parliament were gathered together to make him King according to Gods Law, Deut, 17. as is evident. For Samuel, v. 20. cauſed all the Tribes of Iſrael to ſtand before the Lord, and the Tribe of Benjamin was taken; the Law provided one of their owne, not a ſtranger to raigne over them; and becauſe ſome of the States of Parliament did not chooſe him, but being children of Belial, de ſpiſed him in their heart, v. 27. therefore after King Saul, by that victory over the Ammonites, had conquered the affections of all the people fully, v. 10, 11. Samuel would have his coronation & election by the Eſtates of Parliament renewed, at Gilgall, by all the people, v. 14, 15. to eſtabliſh him King. 2. The Lord by Lots found out the Tribe of Benjamin. 3. The Lord found out the man, by name, Saul the ſonne of Kiſh, when he did hide himſelfe amongſt the ſtuffe, that the people might doe their part in creating of the King, whereas Samuel had annoynted him before; but the Text ſaith expreſly that the people made Saul King, and Calvin, Martyr, Lavater, and Popiſh Writers, as Serrarius, Mendoza, Sancheiz, Cornelius a Lapide, Lyranus, Hugo Cardinalis, Carthuſius, Sanctius, doe all hence conclude that the people under God, make the King.
I ſee no reaſon why bBarclaius, l. 3. cout. Monar…homach. 8. c. 3.Barclaius ſhould here diſtinguiſh a power of chooſing a King, which he granteth the people hath, and a power of makinga King, which he ſaith is only proper to God. Anſw. Chooſing of a King, is either a comparative crowning of this man, not thisMaking a king and chooſing a king, not to be diſtinguiſhed. man; and if the people have this, its a creating of a King under God, who principally diſpoſeth of Kings and Kingdomes: and this is enough for us. The want of this, made Zimri no King: and thoſe whom the Rulers of Iezreel at Samaria, 2 King. 10. refuſed to make Kings, no Kings. This election of the people made Athaliah a Princeſſe: the removall of it, and tranſlation of the crown by the people to Ioaſh, made her no Princeſſe: for I beſeech you, what other calling of God hath a race of a familie, and a perſon to the crowne, but only the election of the States? There is now no voice from heaven, no immediately inſpired Prophets, ſuch as Samuel and Eliſha, to annoynt David, not Eliab; Solomon, not Adoniah. The foreign or the …roick ſpirit of a Royall facultie of governing, is, I grant, from God only, not from the people: but I ſuppoſe that maketh not a King; for then many ſitting on the throne this day, ſhould be no Kings; and many private perſons ſhould be Kings. If he meane by the peoples chooſiag, nothing but the peoples approbative conſent, poſterior to Gods act of creating a King; let them ſhew us an act of God making Kings, and eſtabliſhing royall power in ſuch a familie, rather then in ſuch a familie; which is prior to the peoples conſent, diſtinct from the peoples conſent, I believe there is none at all.
4. Arg. Hence I argue▪ if there be no calling or title on earth to tie the Crown to ſuch a Familie and Perſon, but the ſuffrages of the people; then have the line of ſuch a familie, and the perſons now, no calling of God, no right to the crown, but only by the ſuffrages of the people, except we ſay that there be no lawfull Kings on earth now, when Propheticall unction and deſignation to Crowns are ceaſed, contrary to expreſſe Scripture, Rom. 13. 1, 2, 3. 1 Pet. 2. 13, 14, 15, 16, 17.
But there is no title on earth now to tye crownes to families, to perſons, but onelyonly the ſuffrages of the people: for, 1. Conqueſt without the conſent of the people, is but royall latrocinie, as we ſhall ſee. 2. There is no propheticall and immediate calling to Kingdomes now. 3. The Lords giving of Regall parts is ſomewhat; but I hope Royalliſts will not deny but a child young in yeares and judgment, may be a lawfull King. 3. Mr. Maxwell his appointing of the Kingly office, doth no more make one man a lawfull King, then another: for this were a wide conſequence. God hath appointed that Kings ſhould be; ergo, Iohn a Stiles is a King; yea, ergo, David is a King: It followeth not. Therefore it remaineth only, that the ſuffrages of the people of God is that juſt title and divine calling that Kings have now to their crownes. I preſuppoſe they have gifts to governe from God.
5. If the Lords immediate deſignation of David, and his annointingDavid not a King, becauſe anointed by Samuel. by the divine authoritie of Samuel, had been that which is alone without the election of the people, made David formally King of Iſrael, then there were two Kings in Iſrael at one time; for Samuel annointed David, and ſo he was formally King, upon the ground layed by Royalliſts, that the King hath no royall power from the people: and David after he himſelfe was annointed by Samuel, divers times, calleth Saul the Lords anointed, and that by the inſpiration of Gods ſpirit, as we and Royalliſt… doe both agree. Now two lawfull ſupreme Monarchs in one Kingdome, I conceive to be moſt repugnant to Gods truth, and ſound reaſon; for they are as repugnant as two moſt Highs, or as two Infinites. 2. I… ſh…ll follow, that David all the while betwixt his anointing by Samuel, and his coronation by the ſuffrages of all Iſrael at Hebron. 1. Was in-lacking, in diſcharging and acquiting himſelfe of his royall duty, God having made him formally a King, and ſo laying upon him … ch…rge to execute juſtice and judgement, and defend Religion, which he did not diſcharge. 2. All Davids ſuffering upon Davids …art muſt be unjuſt, for, as King, he ſhould have cut off the murtherer Saul, who killed the Prieſts of the Lord; eſpecially ſeeing Saul by this ground muſt be a private murtherer, and David the only lawfull King. 3. David, if he was formally King, deſerted his calling in flying to the Philiſtims; for a King ſhould not forſake his Kingdome upon no hazards, even of his life, no more th…n a Pilot ſhould give over the helme in an ex…remeBy the peoples election one is made of no King a King. ſtorme: but certainly Gods diſpenſation in this warranteth us to ſay no man can be formally a lawfull King, without the ſuffrages of the peo…le: for Saul, after Samuel from the Lord anointed him, remained a private man, and no King, till the people made him King, and elected him. And David, anointed by that ſame divine authoritie, remained formally a Subject, and not a King, till all Iſrael made him King at Hebron. And Salom…n, though by God deſigned and ordained to be King, yet was never King, till the people made him King, 1 King. 1. ergo, there floweth ſomething from the power of the people, by which he who is no King, now becommeth a King, formally, and by Gods lawfull call; whereas before the man was no King, but as touching all royall power a meere private man. And I am ſure birth muſt be leſſe then Gods deſignation to a crowne, as is cleere. Adoniah was elder then Salomon, yet God will have Salomon, the younger by birth, to be King, and not Adoniah. And ſo Mr. Symons and other Court-Prophets muſt prevaricate, who will have birth without the peoples election to make a king, and the peoples voyces but a ceremonie.
6. I thinke Royaliſts cannot deny but a people ruled by Ariſtocraticall Magiſtrates, may elect a King, and a King ſo elected is formally made a lawfull King by the peoples election, for of ſix apt and gifted to reigne, what maketh one a King, and not the other five? Certainly God diſpoſing the people to chooſe this man, and not another man, it cannot be ſaid but God giveth the Kingly power immediately, and by him Kings raigne, that is true. The Office is immediately from God, but now the queſtion is, what is that which formally applyeth the Office and Royall Power to this Perſon, rather then to the other five as meet. Nothing can here be dreamed of, but God inclining the hearts of the States to chooſe this man, and not this men.