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Part 1 - Chapters I to V - 1spnt10.txt
Part 2 - Chapters VI to X - 2spnt10.txt
Part 3 - Chapters XI to XV - 3spnt10.txt
Part 4 - Chapters XVI to XX - 4spnt10.txt
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A Theologico-Political Treatise
Part IV of IV - Chapters XVI to XX
by Baruch Spinoza
TABLE OF CONTENTS: Search strings are shown thus [16:x].
Search forward and back with the same string.
[16:0] CHAPTER XVI - Of the Foundations of a State;
of the Natural and Civil Rights of Individuals;
and of the Rights of the Sovereign Power.
[16:1] In Nature right co-extensive with power.
[16:2] This principle applies to mankind in the state of Nature.
[16:3] How a transition from this state to a civil state is possible.
[16:4] Subjects not slaves.
[16:5] Definition of private civil right - and wrong.
[16:6] Of alliance.
[16:7] Of treason.
[16:8] In what sense sovereigns are bound by Divine law.
[16:9] Civil government not inconsistent with religion.
[17:0] CHAPTER XVII.- It is shown, that no one can or need
transfer all his Rights to the Sovereign Power. Of the
Hebrew Republic, as it was during the lifetime of Moses,
and after his death till the foundation of the Monarchy;
and of its Excellence. Lastly, of the Causes why the
Theocratic Republic fell, and why it could hardly have
continued without Dissension.
[17:1] The absolute theory, of Sovereignty ideal - No one can
in fact transfer all his rights to the Sovereign power.
Evidence of this.
[17:2] The greatest danger in all States from within,
not without.
[17:3] Original independence of the Jews after the Exodus.
[17:4] Changed first to a pure democratic Theocracy.
[17:5] Then to subjection to Moses.
[17:6] Then to a Theocracy with the power divided
between the high priest and the captains.
[17:7] The tribes confederate states.
[17:8] Restraints on the civil power.
[17:9] Restraints on the people.
[17:A] Causes of decay involved in the constitution
of the Levitical priesthood.
[18:0] CHAPTER XVIII.- From the Commonwealth of the Hebrews and
their History certain Lessons are deduced.
[18:1] The Hebrew constitution no longer possible or desirable,
yet lessons may be derived from its history.
[18:2] As the danger of entrusting any authority in politics
to ecclesiastics - the danger of identifying
religion with dogma.
[18:3] The necessity of keeping all judicial power with
the sovereign - the danger of changes in the
form of a State.
[18:4] This last danger illustrated from the history of
England - of Rome.
[18:5] And of Holland.
[19:0] CHAPTER XIX - It is shown that the Right
over Matters Spiritual lies wholly with the
Sovereign, and that the Outward Forms of
Religion should be in accordance with Public
Peace, if we would worship God aright.
[19:1] Difference between external and inward religion.
[19:2] Positive law established only by agreement.
[19:3] Piety furthered by peace and obedience.
[19:4] Position of the Apostles exceptional.
[19:5] Why Christian States, unlike the Hebrew,
suffer from disputes between the civil
and ecclesiastical powers.
[19:6] Absolute power in things spiritual of modern rulers.
[20:0] CHAPTER XX - That in a Free State every man
may Think what he Likes, and Say what he Thinks.
[20:1] The mind not subject to State authority.
[20:2] Therefore in general language should not be.
[20:3] A man who disapproving of a law, submits his adverse opinion
to the judgment of the authorities, while acting in
accordance with the law, deserves well of the State.
[20:4] That liberty of opinion is beneficial, shown from
the history of Amsterdam.
[20:5] Danger to the State of withholding it. -
Submission of the Author to the
judgment of his country's rulers.
[Author's Endnotes] to the Treatise.
[16:0] CHAPTER XVI - OF THE FOUNDATIONS OF A STATE; OF THE
NATURAL AND CIVIL RIGHTS OF INDIVIDUALS; AND OF THE
RIGHTS OF THE SOVEREIGN POWER.
(1) Hitherto our care has been to separate philosophy from theology, and to
show the freedom of thought which such separation insures to both. (2) It is
now time to determine the limits to which such freedom of thought and
discussion may extend itself in the ideal state. (3) For the due
consideration of this question we must examine the foundations of a State,
first turning our attention to the natural rights of individuals, and
afterwards to religion and the state as a whole.
(16:4) By the right and ordinance of nature, I merely mean those natural
laws wherewith we conceive every individual to be conditioned by nature, so
as to live and act in a given way. (5) For instance, fishes are naturally
conditioned for swimming, and the greater for devouring the less; therefore
fishes enjoy the water, and the greater devour the less by sovereign natural
right. [16:1] (6) For it is certain that nature, taken in the abstract, has
sovereign right to do anything, she can; in other words, her right is co-
extensive with her power. (7) The power of nature is the power of God, which
has sovereign right over all things; and, inasmuch as the power of nature
is simply the aggregate of the powers of all her individual components, it
follows that every, individual has sovereign right to do all that he can; in
other words, the rights of an individual extend to the utmost limits of his
power as it has been conditioned. (8) Now it is the sovereign law and right
of nature that each individual should endeavour to preserve itself as it is,
without regard to anything but itself ; therefore this sovereign law and
right belongs to every individual, namely, to exist and act according
to its natural conditions. (9) We do not here acknowledge any
difference between mankind and other individual natural entities, nor
between men endowed with reason and those to whom reason is unknown; nor
between fools, madmen, and sane men. (10) Whatsoever an individual does by
the laws of its nature it has a sovereign right to do, inasmuch as it
acts as it was conditioned by nature, and cannot act otherwise. [16:2] (11)
Wherefore among men, so long as they are considered as living under the sway
of nature, he who does not yet know reason, or who has not yet acquired the
habit of virtue, acts solely according to the laws of his desire with as
sovereign a right as he who orders his life entirely by the laws of reason.
(16:12) That is, as the wise man has sovereign right to do all that reason
dictates, or to live according to the laws of reason, so also the ignorant
and foolish man has sovereign right to do all that desire dictates, or to
live according to the laws of desire. (13) This is identical with the
teaching of Paul, who acknowledges that previous to the law - that is, so
long as men are considered of as living under the sway of nature, there is
no sin.
(16:14) The natural right of the individual man is thus determined, not by
sound reason, but by desire and power. (15) All are not naturally
conditioned so as to act according to the laws and rules of reason; nay, on
the contrary, all men are born ignorant, and before they can learn the
right way of life and acquire the habit of virtue, the greater part of their
life, even if they have been well brought up, has passed away. (16)
Nevertheless, they are in the meanwhile bound to live and preserve
themselves as far as they can by the unaided impulses of desire. (17) Nature
has given them no other guide, and has denied them the present power of
living according to sound reason; so that they are no more bound to live by
the dictates of an enlightened mind, than a cat is bound to live by the laws
of the nature of a lion.
(16:18) Whatsoever, therefore, an individual (considered as under the sway
of nature) thinks useful for himself, whether led by sound reason or
impelled by the passions, that he has a sovereign right to seek and to take
for himself as he best can, whether by force, cunning, entreaty, or any
other means; consequently he may regard as an enemy anyone who hinders
the accomplishment of his purpose.
(16:19) It follows from what we have said that the right and ordinance of
nature, under which all men are born, and under which they mostly live, only
prohibits such things as no one desires, and no one can attain: it does not
forbid strife, nor hatred, nor anger, nor deceit, nor, indeed, any of
the means suggested by desire.
(16:20) This we need not wonder at, for nature is not bounded by the laws of
human reason, which aims only at man's true benefit and preservation; her
limits are infinitely wider, and have reference to the eternal order of
nature, wherein man is but a speck; it is by the necessity of this alone
that all individuals are conditioned for living and acting in a particular
way. (21) If anything, therefore, in nature seems to us ridiculous, absurd,
or evil, it is because we only know in part, and are almost entirely
ignorant of the order and interdependence of nature as a whole, and also
because we want everything to be arranged according to the dictates of our
human reason; in reality that which reason considers evil, is not evil in
respect to the order and laws of nature as a whole, but only in respect to
the laws of our reason.
(16:22) Nevertheless, no one can doubt that it is much better for us to live
according to the laws and assured dictates of reason, for, as we said, they
have men's true good for their object. (23) Moreover, everyone wishes to
live as far as possible securely beyond the reach of fear, and this would be
quite impossible so long as everyone did everything he liked, and reason's
claim was lowered to a par with those of hatred and anger; there is no one
who is not ill at ease in the midst of enmity, hatred, anger, and deceit,
and who does not seek to avoid them as much as he can. [16:3] (24) When we
reflect that men without mutual help, or the aid of reason, must needs live
most miserably, as we clearly proved in Chap. V., we shall plainly see that
men must necessarily come to an agreement to live together as securely and
well as possible if they are to enjoy as a whole the rights which naturally
belong to them as individuals, and their life should be no more conditioned
by the force and desire of individuals, but by the power and will of the
whole body. (25) This end they will be unable to attain if desire be
their only guide (for by the laws of desire each man is drawn in a different
direction); they must, therefore, most firmly decree and establish that they
will be guided in everything by reason (which nobody will dare openly to
repudiate lest he should be taken for a madman), and will restrain any
desire which is injurious to a man's fellows, that they will do to all as
they would be done by, and that they will defend their neighbour's rights as
their own.
(16:26) How such a compact as this should be entered into, how ratified and
established, we will now inquire.
(27) Now it is a universal law of human nature that no one ever neglects
anything which he judges to be good, except with the hope of gaining a
greater good, or from the fear of a greater evil; nor does anyone endure an
evil except for the sake of avoiding a greater evil, or gaining a greater
good. (28) That is, everyone will, of two goods, choose that which he thinks
the greatest; and, of two evils, that which he thinks the least. (29) I say
advisedly that which he thinks the greatest or the least, for it does not
necessarily follow that he judges right. (30) This law is so deeply
implanted in the human mind that it ought to be counted among eternal truths
and axioms.
(16:31) As a necessary consequence of the principle just enunciated, no one
can honestly promise to forego the right which he has over all things
[Endnote 26], and in general no one will abide by his promises, unless under
the fear of a greater evil, or the hope of a greater good. (32) An example
will make the matter clearer. (33) Suppose that a robber forces me to
promise that I will give him my goods at his will and pleasure. (34) It is
plain (inasmuch as my natural right is, as I have shown, co-extensive with
my power) that if I can free myself from this robber by stratagem, by
assenting to his demands, I have the natural right to do so, and to pretend
to accept his conditions. (35) Or again, suppose I have genuinely promised
someone that for the space of twenty days I will not taste food or any
nourishment; and suppose I afterwards find that was foolish, and cannot be
kept without very great injury to myself; as I am bound by natural law and
right to choose the least of two evils, I have complete right to break my
compact, and act as if my promise had never been uttered. (36) I say that I
should have perfect natural right to do so, whether I was actuated by true
and evident reason, or whether I was actuated by mere opinion in thinking I
had promised rashly; whether my reasons were true or false, I should be in
fear of a greater evil, which, by the ordinance of nature, I should strive
to avoid by every means in my power.
(16:37) We may, therefore, conclude that a compact is only made valid by its
utility, without which it becomes null and void. (38) It is, therefore,
foolish to ask a man to keep his faith with us for ever, unless we also
endeavour that the violation of the compact we enter into shall involve for
the violator more harm than good. (39) This consideration should have very
great weight in forming a state. (40) However, if all men could be easily
led by reason alone, and could recognize what is best and most useful for a
state, there would be no one who would not forswear deceit, for everyone
would keep most religiously to their compact in their desire for the chief
good, namely, the shield and buckler of the commonwealth. (41) However, it
is far from being the case that all men can always be easily led by reason
alone; everyone is drawn away by his pleasure, while avarice, ambition,
envy, hatred, and the like so engross the mind that, reason has no place
therein. (42) Hence, though men make - promises with all the appearances of
good faith, and agree that they will keep to their engagement, no one can
absolutely rely on another man's promise unless there is something behind
it. (43) Everyone has by nature a right to act deceitfully. and to break his
compacts, unless he be restrained by the hope of some greater good, or the
fear of some greater evil.
(16:44) However, as we have shown that the natural right of the individual
is only limited by his power, it is clear that by transferring, either
willingly or under compulsion, this power into the hands of another, he in
so doing necessarily cedes also a part of his right; and further, that the
Sovereign right over all men belongs to him who has sovereign power,
wherewith he can compel men by force, or restrain them by threats of the
universally feared punishment of death; such sovereign right he will
retain only so long as he can maintain his power of enforcing his will;
otherwise he will totter on his throne, and no one who is stronger than he
will be bound unwillingly to obey him.
(16:45) In this manner a society can be formed without any violation of
natural right, and the covenant can always be strictly kept - that is, if
each individual hands over the whole of his power to the body politic, the
latter will then possess sovereign natural right over all things; that is,
it will have sole and unquestioned dominion, and everyone will be bound to
obey, under pain of the severest punishment. (46) A body politic of this
kind is called a Democracy, which may be defined as a society which wields
all its power as a whole. (47) The sovereign power is not restrained by any
laws, but everyone is bound to obey it in all things; such is the state of
things implied when men either tacitly or expressly handed over to it all
their power of self-defence, or in other words, all their right. (48) For if
they had wished to retain any right for themselves, they ought to have taken
precautions for its defence and preservation; as they have not done so,
and indeed could not have done so without dividing and consequently ruining
the state, they placed themselves absolutely at the mercy of the sovereign
power; and, therefore, having acted (as we have shown) as reason and
necessity demanded, they are obliged to fulfil the commands of the sovereign
power, however absurd these may be, else they will be public enemies, and
will act against reason, which urges the preservation of the state as a
primary duty. (49) For reason bids us choose the least of two evils.
(16:50) Furthermore, this danger of submitting absolutely to the dominion
and will of another, is one which may be incurred with a light heart: for we
have shown that sovereigns only possess this right of imposing their will,
so long as they have the full power to enforce it: if such power be lost
their right to command is lost also, or lapses to those who have assumed it
and can keep it. (51) Thus it is very rare for sovereigns to impose
thoroughly irrational commands, for they are bound to consult their own
interests, and retain their power by consulting the public good and
acting according to the dictates of reason, as Seneca says, "violenta
imperia nemo continuit diu." (52) No one can long retain a tyrant's sway.
(16:53) In a democracy, irrational commands are still less to be feared: for
it is almost impossible that the majority of a people, especially if it be a
large one, should agree in an irrational design: and, moreover, the basis
and aim of a democracy is to avoid the desires as irrational, and to bring
men as far as possible under the control of reason, so that they may live in
peace and harmony: if this basis be removed the whole fabric falls to ruin.
(16:54) Such being the ends in view for the sovereign power, the duty of
subjects is, as I have said, to obey its commands, and to recognize no right
save that which it sanctions.
[16:4] (55) It will, perhaps, be thought that we are turning subjects into
slaves: for slaves obey commands and free men live as they like; but this
idea is based on a misconception, for the true slave is he who is led away
by his pleasures and can neither see what is good for him nor act
accordingly: he alone is free who lives with free consent under the entire
guidance of reason.
(16:56) Action in obedience to orders does take away freedom in a certain
sense, but it does not, therefore, make a man a slave, all depends on the
object of the action. (57) If the object of the action be the good of the
state, and not the good of the agent, the latter is a slave and does
himself no good: but in a state or kingdom where the weal of the whole
people, and not that of the ruler, is the supreme law, obedience to the
sovereign power does not make a man a slave, of no use to himself, but a
subject. (58) Therefore, that state is the freest whose laws are founded on
sound reason, so that every member of it may, if he will, be free [Endnote
27]; that is, live with full consent under the entire guidance of reason.
(16:59) Children, though they are bound to obey all the commands of their
parents, are yet not slaves: for the commands of parents look generally to
the children's benefit.
(60) We must, therefore, acknowledge a great difference between a slave, a
son, and a subject; their positions may be thus defined. (61) A slave is one
who is bound to obey his master's orders, though they are given solely in
the master's interest: a son is one who obeys his father's orders, given
in his own interest; a subject obeys the orders of the sovereign power,
given for the common interest, wherein he is included.
(16:62) I think I have now shown sufficiently clearly the basis of a
democracy: I have especially desired to do so, for I believe it to be of all
forms of government the most natural, and the most consonant with individual
liberty. (63) In it no one transfers his natural right so absolutely that he
has no further voice in affairs, he only hands it over to the majority of a
society, whereof he is a unit. Thus all men remain as they were in the state
of nature, equals.
(16:64) This is the only form of government which I have treated of at
length, for it is the one most akin to my purpose of showing the benefits of
freedom in a state.
(65) I may pass over the fundamental principles of other forms of
government, for we may gather from what has been said whence their right
arises without going into its origin. (66) The possessor of sovereign power,
whether he be one, or many, or the whole body politic, has the sovereign
right of imposing any commands he pleases: and he who has either
voluntarily, or under compulsion, transferred the right to defend him to
another, has, in so doing, renounced his natural right and is therefore
bound to obey, in all things, the commands of the sovereign power; and will
be bound so to do so long as the king, or nobles, or the people preserve the
sovereign power which formed the basis of the original transfer. (67) I need
add no more.
[16:5] (68) The bases and rights of dominion being thus displayed, we shall
readily be able to define private civil right, wrong, justice, and
injustice, with their relations to the state; and also to determine what
constitutes an ally, or an enemy, or the crime of treason.
(16:69) By private civil right we can only mean the liberty every man
possesses to preserve his existence, a liberty limited by the edicts of the
sovereign power, and preserved only by its authority: for when a man has
transferred to another his right of living as he likes, which was only
limited by his power, that is, has transferred his liberty and power of
self-defence, he is bound to live as that other dictates, and to trust to
him entirely for his defence. (70) Wrong takes place when a citizen, or
subject, is forced by another to undergo some loss or pain in contradiction
to the authority of the law, or the edict of the sovereign power.
(16:71) Wrong is conceivable only in an organized community: nor can it ever
accrue to subjects from any act of the sovereign, who has the right to do
what he likes. (72) It can only arise, therefore, between private persons,
who are bound by law and right not to injure one another. (73) Justice
consists in the habitual rendering to every man his lawful due: injustice
consists in depriving a man, under the pretence of legality, of what the
laws, rightly interpreted, would allow him. (74) These last are also called
equity and iniquity, because those who administer the laws are bound to show
no respect of persons, but to account all men equal, and to defend every
man's right equally, neither envying the rich nor despising the poor.
[16:6](75) The men of two states become allies, when for the sake of
avoiding war, or for some other advantage, they covenant to do each other no
hurt, but on the contrary, to assist each other if necessity arises, each
retaining his independence. (76) Such a covenant is valid so long as its
basis of danger or advantage is in force: no one enters into an engagement,
or is bound to stand by his compacts unless there be a hope of some accruing
good, or the fear of some evil: if this basis be removed the compact thereby
becomes void: this has been abundantly shown by experience. (77) For
although different states make treaties not to harm one another, they always
take every possible precaution against such treaties being broken by the
stronger party, and do not rely on the compact, unless there is a
sufficiently obvious object and advantage to both parties in observing it.
(78) Otherwise they would fear a breach of faith, nor would there be any
wrong done thereby: for who in his proper senses, and aware of the right of
the sovereign power, would trust in the promises of one who has the will and
the power to do what he likes, and who aims solely at the safety and
advantage of his dominion? (79) Moreover, if we consult loyalty and
religion, we shall see that no one in possession of power ought to abide by
his promises to the injury of his dominion; for he cannot keep such promises
without breaking the engagement he made with his subjects, by which both he
and they are most solemnly bound. (80) An enemy is one who lives apart from
the state, and does not recognize its authority either as a subject or as an
ally. It is not hatred which makes a man an enemy, but the rights of the
state. (81) The rights of the state are the same in regard to him who
does not recognize by any compact the state authority, as they are against
him who has done the state an injury: it has the right to force him as best
it can, either to submit, or to contract an alliance.
[16:7] (82) Lastly, treason can only be committed by subjects, who by
compact, either tacit or expressed, have transferred all their rights to the
state: a subject is said to have committed this crime when he has attempted,
for whatever reason, to seize the sovereign power, or to place it in
different hands. (83) I say, has attempted, for if punishment were not to
overtake him till he had succeeded, it would often come too late, the
sovereign rights would have been acquired or transferred already.
(16:84) I also say, has attempted, for whatever reason, to seize the
sovereign power, and I recognize no difference whether such an attempt
should be followed by public loss or public gain. (85) Whatever be his
reason for acting, the crime is treason, and he is rightly condemned: in
war, everyone would admit the justice of his sentence. (86) If a man does
not keep to his post, but approaches the enemy without the knowledge of his
commander, whatever may be his motive, so long as he acts on his own motion,
even if he advances with the design of defeating the enemy, he is rightly
put to death, because he has violated his oath, and infringed the rights of
his commander. (87) That all citizens are equally bound by these rights in
time of peace, is not so generally recognized, but the reasons for obedience
are in both cases identical. (88) The state must be preserved and directed
by the sole authority of the sovereign, and such authority and right have
been accorded by universal consent to him alone: if, therefore, anyone else
attempts, without his consent, to execute any public enterprise, even though
the state might (as we said) reap benefit therefrom, such person has none
the less infringed the sovereigns right, and would be rightly punished for
treason.
(16:89) In order that every scruple may be removed, we may now answer the
inquiry, whether our former assertion that everyone who has not the
practice of reason, may, in the state of nature, live by sovereign natural
right, according to the laws of his desires, is not in direct opposition to
the law and right of God as revealed. (90) For as all men absolutely
(whether they be less endowed with reason or more) are equally bound by the
Divine command to love their neighbour as themselves, it may be said that
they cannot, without wrong, do injury to anyone, or live according to their
desires.
(16:91) This objection, so far as the state of nature is concerned, can be
easily answered, for the state of nature is, both in nature and in time,
prior to religion. (92) No one knows by nature that he owes any obedience to
God [Endnote 28], nor can he attain thereto by any exercise of his reason,
but solely by revelation confirmed by signs. (93) Therefore, previous to
revelation, no one is bound by a Divine law and right of which he is
necessarily in ignorance. (94) The state of nature must by no means be
confounded with a state of religion, but must be conceived as without
either religion or law, and consequently without sin or wrong: this is how
we have described it, and we are confirmed by the authority of Paul. (95) It
is not only in respect of ignorance that we conceive the state of nature as
prior to, and lacking the Divine revealed law and right; but in respect of
freedom also, wherewith all men are born endowed.
(16:96) If men were naturally bound by the Divine law and right, or if the
Divine law and right were a natural necessity, there would have been no need
for God to make a covenant with mankind, and to bind them thereto with an
oath and agreement.
(16:97) We must, then, fully grant that the Divine law and right originated
at the time when men by express covenant agreed to obey God in all things,
and ceded, as it were, their natural freedom, transferring their rights to
God in the manner described in speaking of the formation of a state.
(98) However, I will treat of these matters more at length presently.
[16:8] (99) It may be insisted that sovereigns are as much bound by the
Divine law as subjects: whereas we have asserted that they retain their
natural rights, and may do whatever they like.
(16:100) In order to clear up the whole difficulty, which arises rather
concerning the natural right than the natural state, I maintain that
everyone is bound, in the state of nature, to live according to Divine law,
in the same way as he is bound to live according to the dictates of sound
reason; namely, inasmuch as it is to his advantage, and necessary for his
salvation; but, if he will not so live, he may do otherwise at his own risk.
(101) He is thus bound to live according to his own laws, not according to
anyone else's, and to recognize no man as a judge, or as a superior in
religion. (102) Such, in my opinion, is the position of a sovereign, for he
may take advice from his fellow-men, but he is not bound to recognize any as
a judge, nor anyone besides himself as an arbitrator on any question of
right, unless it be a prophet sent expressly by God and attesting his
mission by indisputable signs. (103) Even then he does not recognize a man,
but God Himself as His judge.
[16:9] (104) If a sovereign refuses to obey God as revealed in His law,
he does so at his own risk and loss, but without violating any civil or
natural right. (105) For the civil right is dependent on his own decree; and
natural right is dependent on the laws of nature, which latter are not
adapted to religion, whose sole aim is the good of humanity, but to the
order of nature - that is, to God's eternal decree unknown to us.
(16:106) This truth seems to be adumbrated in a somewhat obscurer form by
those who maintain that men can sin against God's revelation, but not
against the eternal decree by which He has ordained all things.
(107) We may be asked, what should we do if the sovereign commands anything
contrary to religion, and the obedience which we have expressly vowed to
God? should we obey the Divine law or the human law? (108) I shall treat of
this question at length hereafter, and will therefore merely say now, that
God should be obeyed before all else, when we have a certain and
indisputable revelation of His will: but men are very prone to error on
religious subjects, and, according to the diversity of their dispositions,
are wont with considerable stir to put forward their own inventions, as
experience more than sufficiently attests, so that if no one were bound to
obey the state in matters which, in his own opinion concern religion,
the rights of the state would be dependent on every man's judgment
and passions. (109) No one would consider himself bound to obey laws framed
against his faith or superstition; and on this pretext he might assume
unbounded license. (110) In this way, the rights of the civil authorities
would be utterly set at nought, so that we must conclude that the sovereign
power, which alone is bound both by Divine and natural right to preserve and
guard the laws of the state, should have supreme authority for making any
laws about religion which it thinks fit; all are bound to obey its behests
on the subject in accordance with their promise which God bids them to keep.
(16:111) However, if the sovereign power be heathen, we should either enter
into no engagements therewith, and yield up our lives sooner than transfer
to it any of our rights; or, if the engagement be made, and our rights
transferred, we should (inasmuch as we should have ourselves transferred the
right of defending ourselves and our religion) be bound to obey them, and to
keep our word: we might even rightly be bound so to do, except in those
cases where God, by indisputable revelation, has promised His special aid
against tyranny, or given us special exemption from obedience. (112) Thus we
see that, of all the Jews in Babylon, there were only three youths who were
certain of the help of God, and, therefore, refused to obey Nebuchadnezzar.
(113) All the rest, with the sole exception of Daniel, who was beloved by
the king, were doubtless compelled by right to obey, perhaps thinking that
they had been delivered up by God into the hands of the king, and that the
king had obtained and preserved his dominion by God's design. (114) On the
other hand, Eleazar, before his country had utterly fallen, wished to give a
proof of his constancy to his compatriots, in order that they might follow
in his footsteps, and go to any lengths, rather than allow their right and
power to be transferred to the Greeks, or brave any torture rather than
swear allegiance to the heathen. (115) Instances are occurring every day in
confirmation of what I here advance. (116) The rulers of Christian
kingdoms do not hesitate, with a view to strengthening their dominion, to
make treaties with Turks and heathen, and to give orders to their subjects
who settle among such peoples not to assume more freedom, either in
things secular or religious, than is set down in the treaty, or allowed by
the foreign government. (117) We may see this exemplified in the Dutch
treaty with the Japanese, which I have already mentioned.
[17:0] CHAPTER XVII - IT IS SHOWN THAT NO ONE CAN, OR
NEED, TRANSFER ALL HIS RIGHTS TO THE SOVEREIGN POWER.
OF THE HEBREW REPUBLIC, AS IT WAS DURING THE LIFETIME
OF MOSES, AND AFTER HIS DEATH, TILL THE FOUNDATION
OF THE MONARCHY; AND OF ITS EXCELLENCE. LASTLY, OF
THE CAUSES WHY THE THEOCRATIC REPUBLIC FELL, AND WHY
IT COULD HARDLY HAVE CONTINUED WITHOUT DISSENSION.
[17:1] (1) The theory put forward in the last chapter, of the universal
rights of the sovereign power, and of the natural rights of the individual
transferred thereto, though it corresponds in many respects with actual
practice, and though practice may be so arranged as to conform to it more
and more, must nevertheless always remain in many respects purely ideal. (2)
No one can ever so utterly transfer to another his power and, consequently,
his rights, as to cease to be a man; nor can there ever be a power so
sovereign that it can carry out every possible wish. (3) It will always be
vain to order a subject to hate what he believes brings him advantage, or to
love what brings him loss, or not to be offended at insults, or not to wish
to be free from fear, or a hundred other things of the sort, which
necessarily follow from the laws of human nature. (4) So much, I think, is
abundantly shown by experience: for men have never so far ceded their power
as to cease to be an object of fear to the rulers who received such power
and right; and dominions have always been in as much danger from their own
subjects as from external enemies. (5) If it were really the case, that men
could be deprived of their natural rights so utterly as never to have any
further influence on affairs [Endnote 29], except with the permission of the
holders of sovereign right, it would then be possible to maintain with
impunity the most violent tyranny, which, I suppose, no one would for an
instant admit.
(17:6) We must, therefore, grant that every man retains some part of his
right, in dependence on his own decision, and no one else's.
(7) However, in order correctly to understand the extent of the sovereign's
right and power, we must take notice that it does not cover only those
actions to which it can compel men by fear, but absolutely every action
which it can induce men to perform: for it is the fact of obedience, not the
motive for obedience, which makes a man a subject.
(17:8) Whatever be the cause which leads a man to obey the commands of the
sovereign, whether it be fear or hope, or love of his country, or any other
emotion - the fact remains that the man takes counsel with himself, and
nevertheless acts as his sovereign orders. (9) We must not, therefore,
assert that all actions resulting from a man's deliberation with himself are
done in obedience to the rights of the individual rather than the sovereign:
as a matter of fact, all actions spring from a man's deliberation with
himself, whether the determining motive be love or fear of punishment;
therefore, either dominion does not exist, and has no rights over its
subjects, or else it extends over every instance in which it can prevail on
men to decide to obey it. (10) Consequently, every action which a subject
performs in accordance with the commands of the sovereign, whether such
action springs from love, or fear, or (as is more frequently the case) from
hope and fear together, or from reverence. compounded of fear and
admiration, or, indeed, any motive whatever, is performed in virtue of his
submission to the sovereign, and not in virtue of his own authority.
(17:11) This point is made still more clear by the fact that obedience does
not consist so much in the outward act as in the mental state of the person
obeying; so that he is most under the dominion of another who with his whole
heart determines to obey another's commands; and consequently the firmest
dominion belongs to the sovereign who has most influence over the minds of
his subjects; if those who are most feared possessed the firmest dominion,
the firmest dominion would belong to the subjects of a tyrant, for they are
always greatly feared by their ruler. (12) Furthermore, though it is
impossible to govern the mind as completely as the tongue, nevertheless
minds are, to a certain extent, under the control of the sovereign, for he
can in many ways bring about that the greatest part of his subjects should
follow his wishes in their beliefs, their loves, and their hates. (13)
Though such emotions do not arise at the express command of the sovereign
they often result (as experience shows) from the authority of his power, and
from his direction ; in other words, in virtue of his right; we may,
therefore, without doing violence to our understanding, conceive men who
follow the instigation of their sovereign in their beliefs, their loves,
their hates, their contempt, and all other emotions whatsoever.
(17:14) Though the powers of government, as thus conceived, are sufficiently
ample, they can never become large enough to execute every possible wish of
their possessors. (15) This, I think, I have already shown clearly enough.
(16) The method of forming a dominion which should prove lasting I do not,
as I have said, intend to discuss, but in order to arrive at the object I
have in view, I will touch on the teaching of Divine revelation to Moses in
this respect, and we will consider the history and the success of the Jews,
gathering therefrom what should be the chief concessions made by sovereigns
to their subjects with a view to the security and increase of their
dominion.
[17:2] (17) That the preservation of a state chiefly depends on the
subjects' fidelity and constancy in carrying out the orders they receive, is
most clearly taught both by reason and experience; how subjects ought to be
guided so as best to preserve their fidelity and virtue is not so obvious.
(18) All, both rulers and ruled, are men, and prone to follow after their
lusts. (19) The fickle disposition of the multitude almost reduces those who
have experience of it to despair, for it is governed solely by emotions, not
by reason: it rushes headlong into every enterprise, and is easily corrupted
either by avarice or luxury: everyone thinks himself omniscient and wishes
to fashion all things to his liking, judging a thing to be just or unjust,
lawful or unlawful, according as he thinks it will bring him profit or loss:
vanity leads him to despise his equals, and refuse their guidance: envy of
superior fame or fortune (for such gifts are never equally distributed)
leads him to desire and rejoice in his neighbour's downfall. (20) I need
not go through the whole list, everyone knows already how much crime.
results from disgust at the present - desire for change, headlong anger,
and contempt for poverty - and how men's minds are engrossed and kept
in turmoil thereby.
(17:21) To guard against all these evils, and form a dominion where no room
is left for deceit; to frame our institutions so that every man, whatever
his disposition, may prefer public right to private advantage, this is the
task and this the toil. (22) Necessity is often the mother of invention, but
she has never yet succeeded in framing a dominion that was in less danger
from its own citizens than from open enemies, or whose rulers did not fear
the latter less than the former. (23) Witness the state of Rome, invincible
by her enemies, but many times conquered and sorely oppressed by her own
citizens, especially in the war between Vespasian and Vitellius. (24) (See
Tacitus, Hist. bk. iv. for a description of the pitiable state of the city.)
(17:25) Alexander thought prestige abroad more easy to acquire than prestige
at home, and believed that his greatness could be destroyed by his own
followers. (26) Fearing such a disaster, he thus addressed his friends:
"Keep me safe from internal treachery and domestic plots, and I will front
without fear the dangers of battle and of war. (27) Philip was more secure
in the battle array than in the theatre: he often escaped from the hands of
the enemy, he could not escape from his own subjects. (28) If you think over
the deaths of kings, you will count up more who have died by the assassin
than by the open foe." (Q. Curtius, chap. vi.)
(17:29) For the sake of making themselves secure, kings who seized the
throne in ancient times used to try to spread the idea that they were
descended from the immortal gods, thinking that if their subjects and the
rest of mankind did not look on them as equals, but believed them to be
gods, they would willingly submit to their rule, and obey their commands.
(30) Thus Augustus persuaded the Romans that he was descended from AEneas,
who was the son of Venus, and numbered among the gods. (31) "He wished
himself to be worshipped in temples, like the gods, with flamens and
priests." (Tacitus, Ann. i. 10.)
(17:32) Alexander wished to be saluted as the son of Jupiter, not from
motives of pride but of policy, as he showed by his answer to the invective
of Hermolaus: "It is almost laughable," said he, that Hermolaus asked me to
contradict Jupiter, by whose oracle I am recognized. (33) Am I responsible
for the answers of the gods? (34) It offered me the name of son;
acquiescence was by no means foreign to my present designs. (35) Would that
the Indians also would believe me to be a god! (36) Wars are carried through
by prestige, falsehoods that are believed often gain the force of truth."
(Curtius, viii,. Para, 8.) (37) In these few words he cleverly contrives to
palm off a fiction on the ignorant, and at the same time hints at the motive
for the deception.
(17:38) Cleon, in his speech persuading the Macedonians to obey their king,
adopted a similar device: for after going through the praises of Alexander
with admiration, and recalling his merits, he proceeds, "the Persians are
not only pious, but prudent in worshipping their kings as gods: for kingship
is the shield of public safety," and he ends thus, "I, myself, when the king
enters a banquet hall, should prostrate my body on the ground; other men
should do the like, especially those who are wise " (Curtius, viii.
Para. 66). (39) However, the Macedonians were more prudent - indeed, it is
only complete barbarians who can be so openly cajoled, and can suffer
themselves to be turned from subjects into slaves without interests of their
own. (40) Others, notwithstanding, have been able more easily to spread the
belief that kingship is sacred, and plays the part of God on the earth, that
it has been instituted by God, not by the suffrage and consent of men; and
that it is preserved and guarded by Divine special providence and aid.
(41) Similar fictions have been promulgated by monarchs, with the object of
strengthening their dominion, but these I will pass over, and in order to
arrive at my main purpose, will merely recall and discuss the teaching on
the subject of Divine revelation to Moses in ancient times.
[17:3] (42) We have said in Chap. V. that after the Hebrews came up out of
Egypt they were not bound by the law and right of any other nation, but were
at liberty to institute any new rites at their pleasure, and to occupy
whatever territory they chose. (43) After their liberation from the
intolerable bondage of the Egyptians, they were bound by no covenant to any
man; and, therefore, every man entered into his natural right, and was free
to retain it or to give it up, and transfer it to another. (44) Being, then,
in the state of nature, they followed the advice of Moses, in whom they
chiefly trusted, and decided to transfer their right to no human being, but
only to God; without further delay they all, with one voice, promised to
obey all the commands of the Deity, and to acknowledge no right that He did
not proclaim as such by prophetic revelation. (45) This promise, or
transference of right to God, was effected in the same manner as we have
conceived it to have been in ordinary societies, when men agree to divest
themselves of their natural rights. (46) It is, in fact, in virtue of a set
covenant, and an oath (see Exod. xxxiv:10), that the Jews freely, and not
under compulsion or threats, surrendered their rights and transferred them
to God. (47) Moreover, in order that this covenant might be ratified
and settled, and might be free from all suspicion of deceit, God did not
enter into it till the Jews had had experience of His wonderful power by
which alone they had been, or could be, preserved in a state of prosperity
(Exod. xix:4, 5). (48) It is because they believed that nothing but
God's power could preserve them that they surrendered to God the natural
power of self-preservation, which they formerly, perhaps, thought they
possessed, and consequently they surrendered at the same time all their
natural right.
[17:4] (49) God alone, therefore, held dominion over the Hebrews, whose
state was in virtue of the covenant called God's kingdom, and God was said
to be their king; consequently the enemies of the Jews were said to be the
enemies of God, and the citizens who tried to seize the dominion were guilty
of treason against God; and, lastly, the laws of the state were called the
laws and commandments of God. (50) Thus in the Hebrew state the civil and
religious authority, each consisting solely of obedience to God, were one
and the same. (51) The dogmas of religion were not precepts, but laws and
ordinances; piety was regarded as the same as loyalty, impiety as the same
as disaffection. (52) Everyone who fell away from religion ceased to be a
citizen, and was, on that ground alone, accounted an enemy: those who
died for the sake of religion, were held to have died for their country;
in fact, between civil and religious law and right there was no distinction
whatever. {in Biblical Hebrew, there was no word for what we call Religion."
Modern Hebrew has selected a word whose root is "knowledge."} (53) For this
reason the government could be called a Theocracy, inasmuch as the citizens
were not bound by anything save the revelations of God.
(17:54) However, this state of things existed rather in theory than in
practice, for it will appear from what we are about to say, that the
Hebrews, as a matter of fact, retained absolutely in their own hands the
right of sovereignty: this is shown by the method and plan by which the
government was carried on, as I will now explain.
(17:55) Inasmuch as the Hebrews did not transfer their rights to any other
person but, as in a democracy, all surrendered their rights equally, and
cried out with one voice, "Whatsoever God shall speak (no mediator or
mouthpiece being named) that will we do," it follows that all were equally
bound by the covenant, and that all had an equal right to consult the Deity,
to accept and to interpret His laws, so that all had an exactly equal share
in the government. [17:5] (56) Thus at first they all approached God
together, so that they might learn His commands, but in this first
salutation, they were so thoroughly terrified and so astounded to hear God
speaking, that they thought their last hour was at hand: full of fear,
therefore, they went afresh to Moses, and said, "Lo, we have heard God
speaking in the fire, and there is no cause why we should wish to die:
surely this great fire will consume us: if we hear again the voice of God,
we shall surely die. (57) Thou, therefore, go near, and hear all the words
of our God, and thou (not God) shalt speak with us: all that God shall tell
us, that will we hearken to and perform."
(17:58) They thus clearly abrogated their former covenant, and absolutely
transferred to Moses their right to consult God and interpret His commands:
for they do not here promise obedience to all that God shall tell them, but
to all that God shall tell Moses (see Deut. v:20 after the Decalogue, and
chap. xviii:15, 16). (59) Moses, therefore, remained the sole promulgator
and interpreter of the Divine laws, and consequently also the sovereign
judge, who could not be arraigned himself, and who acted among the Hebrews
the part, of God; in other words, held the sovereign kingship: he alone
had the right to consult God, to give the Divine answers to the
people, and to see that they were carried out. (60) I say he alone, for if
anyone during the life of Moses was desirous of preaching anything in the
name of the Lord, he was, even if a true prophet, considered guilty and a
usurper of the sovereign right (Numb. xi:28) [Endnote 30]. (61) We may here
notice, that though the people had elected Moses, they could not rightfully
elect Moses's successor; for having transferred to Moses their right of
consulting God, and absolutely promised to regard him as a Divine oracle,
they had plainly forfeited the whole of their right, and were bound to
accept as chosen by God anyone proclaimed by Moses as his successor. (62) If
Moses had so chosen his successor, who like him should wield the sole right
of government, possessing the sole right of consulting God, and consequently
of making and abrogating laws, of deciding on peace or war, of sending
ambassadors, appointing judges - in fact, discharging all the functions of a
sovereign, the state would have become simply a monarchy, only differing
from other monarchies in the fact, that the latter are, or should be,
carried on in accordance with God's decree, unknown even to the monarch,
whereas the Hebrew monarch would have been the only person to whom the
decree was revealed. (63) A difference which increases, rather than
diminishes the monarch's authority. (64) As far as the people in both cases
are concerned, each would be equally subject, and equally ignorant of
the Divine decree, for each would be dependent on the monarch's words, and
would learn from him alone, what was lawful or unlawful: nor would the fact
that the people believed that the monarch was only issuing commands in
accordance with God's decree revealed to him, make it less in subjection,
but rather more. [17:6] (65) However, Moses elected no such successor, but
left the dominion to those who came after him in a condition which could not
be called a popular government, nor an aristocracy, nor a monarchy, but a
Theocracy. (66) For the right of interpreting laws was vested in one man,
while the right and power of administering the state according to the
laws thus interpreted, was vested in another man (see Numb. xxvii:21)
[Endnote 31].
