Here this you kings! Listen, you rulers!: Thomas Aquinas and his Regimes

An important part of any political philosophy seems to be the question of Constitution. Plato and Aristotle both spend time in their seminal works on politics to understand the forms of government. For Plato those regimes are Aristocracy, Timocracy, Oligarchy, Democracy and Tyranny.[1] Aristotle expands on those regimes by excluding Timocracy and adding Kingship, and Polity.[2] The Neo Platonic and Aristotelian thinkers of the Middle Ages took a similar view on the forms of government. St. Thomas Aquinas is no different than his fellow Middle Age thinkers and devotes time to understanding the various forms of government. In the First Part of the Second Part of his Summa Theologiae Aquinas lays out his Treatise on Law. Within that treatise, in question 95 article 4, Aquinas argues for five forms of government.  Within his discussion of the forms of government a series of important questions are brought forth including, the relationship between law and regime, the place of the ecclesiastical within the civil society, and what can be determined as Aquinas’ best regime despite what he explicitly states.

First it is necessary to examine the regimes laid out by Aquinas and also their corresponding form of law. By understanding the type of law associated with each regime and what Aquinas believes to be the best regime as a result we may gain a better understanding of their relationship. From there it seems proper to discuss the place of the ecclesiastical authority within the civil society and in particular whether or not Aquinas gives any authority to the ecclesiastical. Finally, based on his three statements found in questions 95, 105 of the Summa and On Kingship we may come to some understanding of what Aquinas understands as the best regime.

Aquinas explicitly discusses his regimes and their relationship to human law in question 95 article 4. The first regime Aquinas mentions is monarchy, and the form of law associated with this regime are “royal ordinances.”[3] Aristocracy is the second regime and is associated with “authoritative legal opinions and senatorial decrees.”[4] Oligarchy is associated with “praetorian law” or what Aquinas also calls, “honorary.”[5] Democracy is the final regime associated with law, as tyranny is lawless, and democracy has, “acts of plebian assemblies.”[6] It is curious that Aquinas does not place the distinction of human law in particular on any of the regimes. The closest are Aristocracy and Oligarchy yet even those are only “opinions” and “honorary” laws. And considering the regimes and the form of law associated with them, Aquinas declares that none are the best government. This is unique given that in question 105, and in his work On Kingship where Aquinas declares that Kingship is the best form of government.[7] Yet in light of the relationship between regime and law none seem to have authoritative human law associated with them. This may be because Aquinas states that the best is a mixed regime with Kingship, Aristocracy and Democracy.  However, if, none of the political regimes have law proper, then where does one receive law? Can authoritative human law be achieved through the temporal, or must one look towards someplace else? Aquinas exhibits four kinds of law: Eternal, Natural, Divine and Human law. The Human law is a reflection of the Natural and Divine laws. The Natural law is the Eternal Law’s participation in human reason. Therefore, it would appear as though only the ecclesiastical can make authoritative human law.

While Aquinas does not, in these sections, directly reference the relationship between the temporal and the ecclesiastical. However, using what Aquinas states in questions 95 and 105 of the Summa and On Kingship it nonetheless appears important to discuss that relationship. The polity is declared in question 95 to be the best regime. In question 95 of the Summa, polity, a mix of Kingship, Aristocracy and Democracy, is declared the best regime; this polity could be likened to the regime found in England. However, does Aquinas mean by polity a mix of temporal and ecclesiastical authority with the Papacy at its head as king, and local aristocratic and democratic assemblies to deal with the day to day operations of the civil society? At the time the Papacy was only beginning to take the traditional title of Kings, “Vicar of Christ” for itself. However, based on Aquinas’ view of the Human law, it would appear that the ecclesiastical authority is necessary in the creation of human law. And so looking at this possible relationship between the two spheres, temporal and ecclesiastical, then one may see in Aquinas his willingness to give to the Papacy political authority in connection with the Papacy’s emerging claim to the title of Vicar of Christ.  Authoritative Human law could be possible under Papal rule, if one assumes that Human law is a reflection of the Natural and Divine laws and that they can only be decreed by members of the clergy. If this in fact is true, then a starker contrast can be seen between Aquinas and the moderns, even a starker contrast between Aquinas and a fellow medieval like Dante. The alternative to seeing Kingship as filled by a temporal, civil leader rather than by the Papacy would call into question Aquinas’ belief that the ecclesiastical has any authority within civil society at all.

And so having examined what Aquinas defines as the political regimes, and what he explicitly states as the best regime and the place of the ecclesiastical within civil society we can now turn our attention to be better understand what exactly Aquinas’ view of the best regime is. Within the Treatise on Law and On Kingship Aquinas states his view on the best regime three times. In question 95-4 the best regime, as already stated, is a polity with Kingship, Aristocracy and Democracy. Yet ten questions later Aquinas contradicts himself by stating the best regime is Kingship. And then again in On Kingship the best regime is seen as Kingship. Looking at On Kingship we may dismiss the account of the best regime on one major premise, the treatise is written to the King of Cyprus. The seriousness of Aquinas’ claim in On Kingship, therefore, can only be taken in light of question 105-1 from the Treatise on Law. Yet, an understanding here may be taken in light of question 95-4 where he indicates polity will include kingship. However, in his On Kingship Aquinas states, “Man therefore needs something to guide him towards his end.”[8] This guide is a ruler, whether it is a King, aristocrat, oligarch, or democrat and the end appears to be, “man may devote his reason to some particular branch of learning.” The best guide or form of government, in On Kingship is Kingship. He further defends his argument for Kingship as the best regime on the grounds that government of many is more likely to become unjust than the government by one.[9] The question of government by many is explained by Aquinas as, “For there is no beauty in a body unless all its members are properly disposed, and ugliness arises when even one member is improperly so”[10] In each instance throughout On Kingship Aquinas appeals to what might be called the energy and efficiency of the one over the many. In addition, Aquinas considers that if there are three rulers and one is corrupt than the whole is corrupt. Both of these reasons are why Aquinas suggests that Kingship is the best possible regime.

However, in his Treatise on Law it appears that the best government, polity, corresponds to that government with the most authoritative law. Throughout the whole of the Treatise on Law it appears that law is the ultimate good given to man by God as it allows man to know and participate in the Divine As such, it appears that the best regime must have the best human law associated with it. As Aquinas says in questions 90 and 92 in his Treatise on law, “A law, properly speaking, regards first and foremost the order to the common good,”[11] indicating that the best regime should be the one that best orders the common good. He goes on to say, “Consequently it is evident that the proper effect of law is to lead its subjects to their proper virtue: and since virtue is “that which makes its subject good,” it follows that the proper effect of law is to make those to whom it is given, good, either simply or in some particular respect.”[12] And as before, it would appear that the best regime would be the one that best makes its subject good. And since Aquinas argues that the best regime in relation to law is polity, it would follow that the best regime simply for Aquinas would be polity.

Therefore, in looking at his description in the Treatise on Law and On Kingship of the best regime, the argument from the Treatise on Law that the best regime is the one with the best law seems to be stronger than the one in On Kingship. Because the argument in the Treatise on Law appears stronger, we may assume that Aquinas believes polity is the best government albeit with the proper form of kingship. This appears true because the role of law is so important in human affairs for Aquinas throughout the Treatise on Law.

Aquinas’ description of the regimes calls into question three key things, the relationship between regimes and law, the role of the ecclesiastical in civil society, and what appears to be Aquinas’ view of the best regime based on the relationship of regimes and law. Some may question the necessity of addressing the role of the ecclesiastical in society because Aquinas himself does not address this. However, because of the historic role of the Church at the time of Aquinas and the centuries immediately following his life one cannot exclude the possible implications of ecclesiastical in society. And because Aquinas states in various locations differing views of what can be called the best regime it is necessary to attempt to better understand Aquinas’ view based on what he says but not necessarily what he says is the best regime; i.e. the role of the regime in human life, and the role of law.

[1] Plato’s Republic book VIII. Plato also states that Aristocracy degrades into Timocracy, which degrades into Oligarchy and then into Democracy and finally into Tyranny.

[2] Aristotles’s Politics book III and IV. Aristotle claims that Kingship is the most desired regime and this differs from Aquinas’s view in On Kingship where he calls it the best regime. Aristotle calls polity the best possible regime and it is here in Question 95 of the Treatise on Law that Aquinas agrees with Aristotle’s account.

[3] Aquinas, Thomas. Summa Theologiae IaIIae 95-4 in  Aquinas: Political Writings edited by R.W. Dyson, (New York, Cambridge University Press, 2008) pg. 135

[4] Summa Theologiae I, II, 95-4 pg. 136

[5] Ibid.

[6] Ibid.

[7] “A kingdom is the best form of government of the people” Summa Theologiae I, II, 105-1. And, “The rule of the King is best.” On Kingship, pg. 11.  One must call into question Aquinas’s declaration of kingship in On Kingship as it is a letter written to the King of Cyprus. As such, one may argue that Aquinas is simply appeasing the king in declaring kingship to be the best regime. His seemingly contradictory statements in the Treatise on Law may be rectified by demonstrating that Kingship is one of the regimes in the Polity and that Polity should be in the form of a kingship, albeit with Aristocracy and Democracy elements.

[8] Aquinas Political Writings, pg. 5

[9] Aquinas Political Writings, pg. 17, “If, however, one man rules…” and “For when dissension arises.”

[10] Aquinas Political Writings, pg. 13.

[11] Summa Theologiae, 1.1.90-3

[12] Summa Theologiae 1.1.92-1

Evil men do not understand justice

What recourse does one have when a King, who rules by Divine Right, is deposed and usurped by another? The Heavens who have chosen the now usurped King cannot be thought to sit idly by while an illegitimate sovereign now reigns. Shakespeare’s second installment of his Second Tetralogy explores how the Heavens resolve the problem of the illegitimate sovereign. In particular the First Part of Henry IV explores how the Heavens attempted to solve the question of the illegitimate King. The first act of the play demonstrates that an uprising of supporters of the slain King Richard II is underway and both Prince Hal and his friend Falstaff discuss the relation of the Moon’s power to govern the affairs of men. It appears that the Law, which governs the Heavenly Bodies and men, is personified by Shakespeare in the First Part of Henry IV as a means of gaining satisfaction against King Henry IV for his usurpation of God’s chosen King, Richard II.

Some have seen Henry IV, Part One[1] as a play about the creation of a Prince and King in the character of Prince Hal; however, the play focuses on the career of a usurper.[2] Falstaff and Prince Hal discuss the new situation that they find themselves in. Falstaff says to Hal, “let men say we be men of good government, being governed, as the sea is by our noble and chaste mistress the moon, under whose countenance we steal.” (Act 1, scene 2, lines 28-31.) The moon has the power to make the ocean rise and fall at will and that same power governs men according to Falstaff. The moon is governed by God, and therefore the moon appears with water, the prominent literary image of redemption and a new beginning.  The moon will be used by God to cleanse the Kingdom of England by stirring the passions of the people into a outright rebellion.   The rebellion of the Welsh seems to be caused by stirrings of the moon in accordance with Falstaff’s belief of the moon’s power over mankind. The Prince responds to Falstaff by saying, “Thou sayest well, and it holds well too, for the fortune of us that are moon’s men doth ebb and flow like the sea, being governed, as the sea is, by the moon.” (Act 1, scene 2, lines 32-35) The question that Prince Hal now must face is how to protect stability in England despite the wrath of Heaven against his father. Yet, to demonstrate to the Heavens that he, Prince Hal, is deserving of the throne his father stole, Hal acknowledges, “And pay the debt I never promised” (Act 1 scene 2, 216) This prophetic statement by Hal indicates that his father will in fact be saved from Divine justice, instead the Prince and the English people will be forced to pay for the sins of Henry IV.

Having disposed the King, Richard II, Henry Bolingbroke is prepared to turn his attention to the restoration of time and the kingdom of England; he proposes a crusade to the Holy Land. However, as King Henry IV, Bolingbroke faces his first threat from the Welsh, who as supporters of the late King Richard II are prepared to revolt against the usurper King.[3] Because of threats to his throne the crusade must be put on hold.  The play of the First Part of Henry IV focuses around the hostilities the new king faces in the aftermath of his execution and disposition of the previous king. In particular, a theme of the play is posed by the King’s son Hal; he will be forced to pay for the actions of his father in taking the thrown. The play looks to the relationship of the Heavenly Bodies and political affairs; England’s political affairs throughout the play are chaotic. Something seems to be seeking retribution for the deposing of God’s chosen monarch. The Law appears in various forms throughout the play, each seeking retribution against the King. The threat of a Welsh uprising is also an indication that Shakespeare plans for Part 1 of Henry IV how the Heavens handle usurpers.  Henry’s rule has ushered in a period of lawlessness in England that will last until the last of the Lancaster Monarchs has reigned. As Falstaff states, “I am accursed to rob in that thief’s company.”(2, 2, 10) The only way to restore the rule of law and order in England is restore the monarchy to a King who represents lawfulness rather than lawlessness. Henry’s choice to overthrow his cousin Richard plays out in the play to show the consequences of his choice: England and his family will suffer Divine justice.

The final element of the story of Divine Justice against King Henry IV is the war against the Welsh.[4] Falstaff says, “Rebellion lay in his way….” (5.1.29.)  The rebellion, a result of the moon’s power over the passions of men, symbolizes the Divine Justice against King Henry and as Falstaff indicates the rebellion was predestined when Henry usurped Richard. Rebellion by the Welsh calls into question the English Constitution under Henry IV and even his successors; primarily the weakness and irresponsibility of the King. Prince Hal comes into his own during the war as his plan expressed in his soliloquy in the first act. He draws others to himself, much like a jeweler places a diamond against a black background. And by executing his plan, and taking part in the war, Hal has made himself the object Divine Justice will aim toward.[5] This is evident by the action of Part II of Henry IV as Henry IV is terminally ill rather than dying from an external condition. Prince Hal kills the rebel leader Hotspur at the end of the play; and if the rebellion is the heavens seeking Divine Justice upon Henry then Hotspur must be the chief sword for that Divine Justice. This action places Hal, and not Henry, in the sights of the heavens as they seek retribution for the death of their legitimate, Divine Right King Richard.  As the Kingdom is taking account of what has happened in the rebellion, the King observes, “Thus did rebellion find rebuke…”(5.5.1) The divinely ordained rebellion was rebuked by the son of the man who disobeyed the Lord’s command that Richard be King of England. The theme at the beginning of the play, the restoration of time and the Kingdom, alludes to the words of Henry after the rebellion has been put down. Time represents a temporal order, indicating that Henry has restored a temporal monarchy after a period of Divine monarchs.

Many Shakespearean critics claim that the story of the play Part I of Henry IV is the story of Prince Hal and his career on the path to becoming king of England. Yet, the story of the play focuses on the Divine Justice planned out by the heavens against the usurper King Henry IV. The Prince interferes with this plan of the heavens by intersecting himself in the rebellion and killing the leader of the rebel army. The movement of the play does involve the establishment of Hal as the true and proper heir of Henry IV but in the sense that Hal becomes the focus of Divine Justice throughout Part II of Henry IV and Henry V where Hal becomes King Henry V. The rebellion is the main object of the play whereby Prince Hal reveals himself as the proper heir to the lawless, usurper King Henry IV. Rather than being good, this event actually shows the inevitable downfall of one of Shakespeare’s most important characters.

[1] All quotes from the play taken from Folger Shakespeare Library: Henry IV, Part 1. Simon & Schuster Paperbacks: New York, 1994.

[2] David Berkeley and Donald Eidson, “The Themes of Henry IV, Part I” Shakespeare Quarterly, Vol. 19, No. 1 (Winter, 1968), pp. 25-31 accessed from on 5/1/10. The authors argue in “The Themes of Henry IV, Part I” that one of the themes in Henry IV, part One is the education of a prince. However, they ignore that the play also demonstrates Divine justice on usurpers. More importantly they fail to notice that Prince Hal, while “learning” to become King models himself on his father who is a lawless usurper in the eyes of the heavens. Thus, the Prince’s education is complete when he kills the leader of the divinely ordained rebel army, Hotspur.

[3] Trafton, Dain A. “Shakespeare’s Henry IV, A New Prince in a New Principality” in Shakespeare as a Political Thinker edited by John E. Alvis & Thomas G. West, (ISI Books: Wilmington, DE. 2000) pg. 94-104. This article is similar in the argument that I make in that the story of Henry IV is about Henry IV despite other underlying storylines. In addition, Trafton argues that Henry IV Parts 1 & 2 demonstrate the consequences of Henry’s decision to overthrow the Divine Right King Richard II.

[4]Leggatt, “Henry IV, Part 1: A Modern Perspective” in Folger Shakespeare Library: Henry IV, Part 1. Simon & Schuster Paperbacks: New York, 1994. Similar to the argument made by Berkely and Eidson, Alexander Leggatt in his essay “Henry IV, Part 1: A modern perspective” argues that the movement of the play is towards the establishment of Hal as the true heir to Henry. However, his focus is on the battle of Shrewsbury where Hal proves himself the heir by killing Hotspur. This point I do not disagree with, as Hal’s killing of Hotspur shows him the proper object of Divine Justice.

[5] In Hal’s soliloquy at act 1 scene 2 he hatches a plan to make himself appear as the proper heir to Henry’s thrown. He says, “I’ll so offend to make offense a skill….”(1.2.223) Indicating that he will throw off attention on his father, making himself appear as “the sun.”


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