Whether the Old Law Enjoined Fitting Precepts Concerning Rulers?
Objection 1: It would seem that the Old Law made unfitting precepts
concerning rulers. Because, as the Philosopher says (Polit. iii, 4),
"the ordering of the people depends mostly on the chief ruler." But
the Law contains no precept relating to the institution of the chief
ruler; and yet we find therein prescriptions concerning the inferior
rulers: firstly (Ex. 18:21): "Provide out of all the people wise
[Vulg.: 'able'] men," etc.; again (Num. 11:16): "Gather unto Me
seventy men of the ancients of Israel"; and again (Deut. 1:13): "Let
Me have from among you wise and understanding men," etc. Therefore
the Law provided insufficiently in regard to the rulers of the people.
Obj. 2: Further, "The best gives of the best," as Plato states (Tim.
ii). Now the best ordering of a state or of any nation is to be ruled
by a king: because this kind of government approaches nearest in
resemblance to the Divine government, whereby God rules the world
from the beginning. Therefore the Law should have set a king over the
people, and they should not have been allowed a choice in the matter,
as indeed they were allowed (Deut. 17:14, 15): "When thou . . . shalt
say: I will set a king over me . . . thou shalt set him," etc.
Obj. 3: Further, according to Matt. 12:25: "Every kingdom divided
against itself shall be made desolate": a saying which was verified
in the Jewish people, whose destruction was brought about by the
division of the kingdom. But the Law should aim chiefly at things
pertaining to the general well-being of the people. Therefore it
should have forbidden the kingdom to be divided under two kings: nor
should this have been introduced even by Divine authority; as we read
of its being introduced by the authority of the prophet Ahias the
Silonite (3 Kings 11:29, seqq.).
Obj. 4: Further, just as priests are instituted for the benefit of
the people in things concerning God, as stated in Heb. 5:1; so are
rulers set up for the benefit of the people in human affairs. But
certain things were allotted as a means of livelihood for the priests
and Levites of the Law: such as the tithes and first-fruits, and many
like things. Therefore in like manner certain things should have been
determined for the livelihood of the rulers of the people: the more
that they were forbidden to accept presents, as is clearly stated in
Ex. 23:8: "You shall not [Vulg.: 'Neither shalt thou'] take bribes,
which even blind the wise, and pervert the words of the just."
Obj. 5: Further, as a kingdom is the best form of government, so is
tyranny the most corrupt. But when the Lord appointed the king, He
established a tyrannical law; for it is written (1 Kings 8:11): "This
will be the right of the king, that shall reign over you: He will
take your sons," etc. Therefore the Law made unfitting provision with
regard to the institution of rulers.
_On the contrary,_ The people of Israel is commended for the beauty
of its order (Num. 24:5): "How beautiful are thy tabernacles, O
Jacob, and thy tents." But the beautiful ordering of a people depends
on the right establishment of its rulers. Therefore the Law made
right provision for the people with regard to its rulers.
_I answer that,_ Two points are to be observed concerning the right
ordering of rulers in a state or nation. One is that all should take
some share in the government: for this form of constitution ensures
peace among the people, commends itself to all, and is most enduring,
as stated in _Polit._ ii, 6. The other point is to be observed in
respect of the kinds of government, or the different ways in which
the constitutions are established. For whereas these differ in kind,
as the Philosopher states (Polit. iii, 5), nevertheless the first
place is held by the _kingdom,_ where the power of government is
vested in one; and _aristocracy,_ which signifies government by the
best, where the power of government is vested in a few. Accordingly,
the best form of government is in a state or kingdom, where one is
given the power to preside over all; while under him are others
having governing powers: and yet a government of this kind is shared
by all, both because all are eligible to govern, and because the
rules are chosen by all. For this is the best form of polity, being
partly kingdom, since there is one at the head of all; partly
aristocracy, in so far as a number of persons are set in authority;
partly democracy, i.e. government by the people, in so far as the
rulers can be chosen from the people, and the people have the right
to choose their rulers.
Such was the form of government established by the Divine Law. For
Moses and his successors governed the people in such a way that each
of them was ruler over all; so that there was a kind of kingdom.
Moreover, seventy-two men were chosen, who were elders in virtue: for
it is written (Deut. 1:15): "I took out of your tribes wise and
honorable, and appointed them rulers": so that there was an element
of aristocracy. But it was a democratical government in so far as the
rulers were chosen from all the people; for it is written (Ex.
18:21): "Provide out of all the people wise [Vulg.: 'able'] men,"
etc.; and, again, in so far as they were chosen by the people;
wherefore it is written (Deut. 1:13): "Let me have from among you
wise [Vulg.: 'able'] men," etc. Consequently it is evident that the
ordering of the rulers was well provided for by the Law.
Reply Obj. 1: This people was governed under the special care of God:
wherefore it is written (Deut. 7:6): "The Lord thy God hath chosen
thee to be His peculiar people": and this is why the Lord reserved to
Himself the institution of the chief ruler. For this too did Moses
pray (Num. 27:16): "May the Lord the God of the spirits of all the
flesh provide a man, that may be over this multitude." Thus by God's
orders Josue was set at the head in place of Moses; and we read about
each of the judges who succeeded Josue that God "raised . . . up a
saviour" for the people, and that "the spirit of the Lord was" in
them (Judges 3:9, 10, 15). Hence the Lord did not leave the choice of
a king to the people; but reserved this to Himself, as appears from
Deut. 17:15: "Thou shalt set him whom the Lord thy God shall choose."
Reply Obj. 2: A kingdom is the best form of government of the people,
so long as it is not corrupt. But since the power granted to a king
is so great, it easily degenerates into tyranny, unless he to whom
this power is given be a very virtuous man: for it is only the
virtuous man that conducts himself well in the midst of prosperity,
as the Philosopher observes (Ethic. iv, 3). Now perfect virtue is to
be found in few: and especially were the Jews inclined to cruelty and
avarice, which vices above all turn men into tyrants. Hence from the
very first the Lord did not set up the kingly authority with full
power, but gave them judges and governors to rule them. But
afterwards when the people asked Him to do so, being indignant with
them, so to speak, He granted them a king, as is clear from His words
to Samuel (1 Kings 8:7): "They have not rejected thee, but Me, that I
should not reign over them."
Nevertheless, as regards the appointment of a king, He did establish
the manner of election from the very beginning (Deut. 17:14, seqq.):
and then He determined two points: first, that in choosing a king
they should wait for the Lord's decision; and that they should not
make a man of another nation king, because such kings are wont to
take little interest in the people they are set over, and
consequently to have no care for their welfare: secondly, He
prescribed how the king after his appointment should behave, in
regard to himself; namely, that he should not accumulate chariots and
horses, nor wives, nor immense wealth: because through craving for
such things princes become tyrants and forsake justice. He also
appointed the manner in which they were to conduct themselves towards
God: namely, that they should continually read and ponder on God's
Law, and should ever fear and obey God. Moreover, He decided how they
should behave towards their subjects: namely, that they should not
proudly despise them, or ill-treat them, and that they should not
depart from the paths of justice.
Reply Obj. 3: The division of the kingdom, and a number of kings, was
rather a punishment inflicted on that people for their many
dissensions, specially against the just rule of David, than a benefit
conferred on them for their profit. Hence it is written (Osee 13:11):
"I will give thee a king in My wrath"; and (Osee 8:4): "They have
reigned, but not by Me: they have been princes, and I knew not."
Reply Obj. 4: The priestly office was bequeathed by succession from
father to son: and this, in order that it might be held in greater
respect, if not any man from the people could become a priest: since
honor was given to them out of reverence for the divine worship.
Hence it was necessary to put aside certain things for them both as
to tithes and as to first-fruits, and, again, as to oblations and
sacrifices, that they might be afforded a means of livelihood. On the
other hand, the rulers, as stated above, were chosen from the whole
people; wherefore they had their own possessions, from which to
derive a living: and so much the more, since the Lord forbade even a
king to have superabundant wealth to make too much show of
magnificence: both because he could scarcely avoid the excesses of
pride and tyranny, arising from such things, and because, if the
rulers were not very rich, and if their office involved much work and
anxiety, it would not tempt the ambition of the common people; and
would not become an occasion of sedition.
Reply Obj. 5: That right was not given to the king by Divine
institution: rather was it foretold that kings would usurp that
right, by framing unjust laws, and by degenerating into tyrants who
preyed on their subjects. This is clear from the context that
follows: "And you shall be his slaves [Douay: 'servants']": which is
significative of tyranny, since a tyrant rules is subjects as though
they were his slaves. Hence Samuel spoke these words to deter them
from asking for a king; since the narrative continues: "But the
people would not hear the voice of Samuel." It may happen, however,
that even a good king, without being a tyrant, may take away the
sons, and make them tribunes and centurions; and may take many things
from his subjects in order to secure the common weal.
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