A treatise of civil policy: being a resolution of forty three questions concerning prerogative, right and priviledge, in reference to the supream prince and the people. / By Samuel Rutherford professor of divintiy of St Andrews in Scotland.

QUEST. XXXVIII. Whether Monarchy be the best of governments?

NOthing more unwillingly doe I write then one word of this question. It is a darke way; circumstances in falne nature may make things best to be, hic & nunc, evill: Though to me it is probable, that Monarchy in it selfe, 2. Monarchy, de jure, that is, lawfull and limited Monarchy is best; even now in a Kingdome, under the fall of sin, if other circumstances be considered.

But observe I pray you, 1. That M. Symmons, and this poore Pre∣late, do so extoll Monarchy, that there is not a government save Monarchy onely, all other governments are deviations; and therefore M. Symmons saith, pag. 8. If I should affect another government then Monarchy, I should neither feare God, nor the King, but associate my selfe with the seditious: and so the question of Monarchy is, 1. Which is the choisest government in it selfe; or, which is the choisest govern∣ment in policie, and in the condition of man falne in the state of sinne. 2. Which is the best government, that is, the most profitable, or the most pleasant, or the most honest? For wee know that there bee these three kinds of good things; things usefull and profitable, bona, utilia; things pleasant, jucunda; things honest, honesta; and the question may be of every one of the three. 3. The question may be, which of these governments be most agreeable to nature? that is, either to nature in it selfe, as it agreeth. communiter, to all natures of elements, birds, beasts, A••gels, Men, to lead them, as a gover∣nour doth, to their last end, or which government is most agreeable to men, to sinfull men, to sinfull men of this, or this Nation; for some Nations are more ambitious, some more factious; some are better ruled by one, some better ruled by many, some by most and by the people. 4. The question may be in regard of the facility or difficulty of loving, fearing, obeying and serving; and so it may be thought easier to love, feare and obey one Monarch then many Rulers, in respect that our Lord saith, it is difficult to serve two Ma∣sters, and possibly more difficult to serve twenty or an hundred. 5. The question may be in regard of the power of commanding, or

of the justice and equity of commanding; hence from this last I shall set downe the first Thesis.

Assert. 1. An absolute and unlimited Monarchy is not onely not the best forme of Government, but it is the worst, and this is against our Petty Prelat, and all Royalists. My reasons be these, 1. Be∣cause it is an unlawfull Ordinance, and God never ordained it; and I cannot ascribe the superlative degree to any thing, of which I de∣ny the positive: Absolute government in a sinfull and peccable man is a wicked government, and not a power from God, for God never gave a power to sin. Plenitudo potestatis ad malum & injuri∣am non extenditur. Sozenus Iunior cons. 65. in causa occurrenti, l. 2. Ferdinand. Loazes in suo cons. pro March. de Velez. pag. 54. n. 65. And so that learned Senator Ferdin. Vasquez. pag. 1. lib. 1. cap. 5. n. 17. 2. It was better for the State that Epiminondas could not sleepe, then that he could sleepe, when the people was dancing, be∣cause, said he, I wake that you may have leave to sleepe and be se∣cure; for he was upon deepe cogitations, how to doe good to the Common-wealth, when the people were upon their pleasures. Because all Kings since the fall of the Father-King Adam, are in∣clined to sin and injustice, and so had need to be guided by a Law, even because they are Kings, so they remaine men. Omnipotency in one that can sin, is a cursed power. With reason all our Divines say, the state of saving grace in the second Adam, where there is non posse deficere, they cannot fall away from God, is better then the state of the first Adam, where there was posse non deficere, a power not to fall away; and that our free-will is better in our countrey in Heaven, where we cannot sin, then in the way to our countrey on earth, where we have a power to sin, and so Gods people is in a bet∣ter case, Hos. 2. 6, 7. Where her power to overtake her lovers is closed up with an hedge of thornes that she cannot finde her paths; then the condition of Ephraim, of whom God saith, Hos. 4. 17. Ephraim is joyned to Idols, let him alone. So cannot that be a good government when the supreme power is in a sinfull man, as inclinable to in∣justice by nature as any man, and more inclinable to injustice by the condition of his place then any: and yet by office he is one that can doe no injustice against his subjects; he is a King, and so may destroy Vriah, kill his subjects, but cannot sinne; and this is to flat∣tering Royalists the best government in the world. As if an un∣chained Lion were the best governour, because unchained, to all

the beasts, sheepe and lambs and all others, which with his teeth and pawes he may reach, and that by vertue of an ordinance of God. 3. What is on man under no restraint, but made a God on earth, and so drunk with the graunder of a sinning-God, here under the Moone and Clouds? who may heare good counsell, from men of his owne choosing, yet is under no restraint of Law to follow it, being the supreme power absolute, high, mighty, and an impeccable god on earth: Certainly this man may more easily erre, and break out in violent acts of injustice, then a number of Rulers, grave, wise, under a Law. One being a sinfull man, shall sooner sin and turne a Nero (when he may goe to hell, and leade thousands to hell with him gratis) then a multitude of sinfull men, who have lesse power to doe against Law: and a tyrannous killing of innocents, and a sub∣version of Lawes, Liberties and Religion, by one who may by of∣fice, and without resistance of mortall men, doe all ill, is more dange∣rous and hurtfull, then division and fraction incident to Aristocracy. 4. Caesar is great, but Law and reason is greater: by an absolute Mo∣narchy all things are ruled by will and pleasure above Law; then this government cannot be so good, as Law and Reason in a govern∣ment by the best, or by many. 5. Under absolute Monarchy a free people is, actu primo, and in themselves inslaved, because though the Monarch so absolute should kill all, hee cannot be controlled; there is no more but flight, prayers and teares remaining, and what greater power hath a Tyrant? none at all, so may we say. An abso∣lute Monarch is, actu primo, a sleeping Lion, and a Tyrant is a waking and a devouring Lion, and they differ in accidents onely. 6. This is the Papists way, Bellarmine de Pontif. l. 1. c. 1. and San∣derus de visibili Monarchia, l. 3. c. 3. Turrere in sum. de Eccles. l. 2. c. 2. prove that the government of the Church is by an absolute Monarch and Pope, because that is the best government, which yet is in question. So Royalists prove Common-wealths must be best governed by absolute Monarchs, because that is the best govern∣ment, but the Law saith, it is contrary to nature, even though peo∣ple should paction to make a King absolute: Conventio procurato∣ria ad dilapidandum & dissipandum juri naturali contraria nulla est, l. filius 15. de cond. lust. l. Nepos. procul 125. de verb. signif. l. 188. ubi. de jure Regni l. 85. d. tit.

Assert. 2. Monarchy in its latitude as heaven and earth and all the hoast therein are Citizens, is the best government absolutely,

because Gods immediate government must be best, but that other governments are good or best so farre as they come neere to this, must prove that there is a Monarchy in Angels, if there be a govern∣ment, and a Monarchy amongst Fishes, Beasts, Birds, &c. and that, if Adam had never sinned there should be one Monarchy amongst all mankinde. I professe I have no eye to see what Government could be in that State, but paternall, or maritall; and by this reason there should be one Catholique Emperour over all the Kings of the earth; A position holden by some Papists, and Interpreters of the cannon Law, which maketh all the Princes of the earth to be usur∣pers, except these who acknowledge a Catholique dominion of the whole earth in the Emperour, to whom they submit themselves as Vassals. If Kings were Gods and could not sin, and just as Solo∣mon in the beginning of his reigne, and as David, I could say Mo∣narchy so limited must be better then Aristocracy, or Democracy. 1. Because it is farthest from injustice, neerest to peace and godli∣nesse; m. l. 3. §. aparet. ff. de administrat. tutor. l. 2. §. novissime. ff. de Orig. jur. Aristot. pol. l. 8. c. 10. Bodin. de Rep. l. 6. c. 4. 2. Be∣cause God ordained this government in his people. 3. By experi∣ence it is knowne to be lesse obnoxious to change, except that some think the Venetian Common-wealth best; but with reverence, I see small difference betweene a King, and the Duke of Venice.

Assert. 3. Every government hath some thing wherein it is best. 1. Monarchy is honorable and glorious-like before men. Aristocra∣cie for counsell is surest. Democracie for liberty, and possibly for riches and gaine, best. Monarchy obtaineth its end with more con∣veniency. 1. Because the ship is easilier brought to land, when one sitteth at the helme, then when ten move the helme. 2. Wee more easily feare, love, obey, and serve one, then many. 3. He can more easily execute the Lawes.

Assert. 4. A limited and mixed Monarchy, such as is in Scotland and England, seeme to me the best government, when Parliaments with the King, have the good of all the three. This government hath, 1. glory, order, unitie from a Monarch, from the government of the most and wisest it hath safety of counsell, stability, strength; from the influence of the Commons, it hath liberty, privi∣ledges. promptitude of obedience.

Object. 1. There is more power, terrour, and love in one, then in many.

Answ. Not more power, 2. terrour cometh from sin, and so to nature fallen in sin, in circumstances a Monarchy is best.

Object. 2. It is more convenient to nature, that one should be Lord then many.

Answ. To sinlesse nature, true, as in a father to many children.

Object. 3 Monarchies for invention of counsels, execution, conceal∣ing of secrets, is above any other government.

Answ. That is in some particulars, because sin hath brought dark∣nesse on us; so are we all dull of invention, slow in execution, and by reason of the falsnesse of men, silence is needlesse, but this is the ac∣cidentary state of nature, & otherways there is safety in a multitude of counsellers: one commanding all without following counsell trusteth in his own heart, and is a foole.

Object. 4. A Monarch is above envy, because he hath no equall.

Answ. Grant all; in many things a Monarchy is more excellent, but that is nothing to an absolute Monarchy, for whom Royalists contend.

Object. 5. In a multitude there be more fooles then wise men, and a multitude of vices, and little vertue is in many.

Answ. Meere multitude cannot governe in either Democracy or Aristocracy, for then all should be rulers, and none ruled, but many eyes see more th••n one, by accident one may see more then hundreds, but accidents are not rules.

Object. 6. Monarchy is most perfect, because most opposite to A∣narchy, and most agreeable to nature, as is evident in Plants, Birds, Bees.

Answ. Government of sinlesse nature void of reason, as in birds, bees, is weak to conclude politique civil government amongst men in sin, and especially absolute government, a King-Bee is not abso∣lute, nor a King-Eagle, if either destroy its fellowes, by nature all rise and destroy their King. 2. A King-Bee doth not act by counsell borrowed from fellow Bees as a King must do, and communication of counsels lesseneth absolutenesse of a man. 2. I see not how a Mo∣narchy is more opposite to Anarchy and confusion, then other go∣vernments, a Monarch as one, is more opposite to a multitude, as many; but there is no lesse order in Aristocracy then in Monarchy: for a government essentially includeth order of commanding and subjection. Now one is not, for absolutenesse, more contrary to A∣narchy then many, for that one now who can easily slip from a King

to a Tyrant, cannot have a negative voice in acts of justice, for then should he have a legall power to oppose justice, and so for his ab∣solutenesse he should be most contrary to order of justice, and a Mo∣narch because absolute, should be a door-neighbour to disorder and confusion.

Object. But the Parliament hath no power to deny their voices to things just, or to crosse the law of God, more then the King.

Answ. It is true, neither of them hath a negative voice against law and reason, but if the Monarch by his exorbitant power may de∣ny justice, he may by that same legall power do all injustice; and so there is no absolutenesse in either.

Object. Who should then punish and coerce the Parliament in the case of exorbitance?

Answ. Posterior Parliaments.

Object. Posterior Parliaments and people both may erre.

Answ. All is true, God must remedy that onely.

Notes

• Loyall subjects beliefe. sect. 4. pag. 7. Sacr. sanct. Reg. maj. c. 2. pag. 26. 27.
• The question concerning the excellency of Monarchy a∣bove other formes, various according to divers conside∣rations.
• An absolute Monarchy the baddest of governments
• Epiminondas his watchful∣nesse.
• A power to sin worse then a power of non∣sinning.
• Monarchy in it selfe consi∣dered is the best govern∣ment.
• Every forme in some constru∣ction, best.
• A mixed Mo∣narchy, b••st.
• Tolossan. de Rep. l. 13. c. 12.
• Bar••l. cont. Monarch. l. 1. c. 39.
• Symmons Loy∣all Subj. un∣beliefe. §. 4. pag. 7.