(17:197) In order to surmount these difficulties, they allowed other temples to be dedicated to the gods, so that there might be no further need of consulting the Levites; they also sought out many who prophesied in the name of God, so that they might have creatures of their own to oppose to the true prophets. (198) However, in spite of all their attempts, they never attained their end. (199) For the prophets, prepared against every emergency, waited for a favourable opportunity, such as the beginning of a new reign, which is always precarious, while the memory of the previous reign remains green. (200) At these times they could easily pronounce by Divine authority that the king was tyrannical, and could produce a champion of distinguished virtue to vindicate the Divine right, and lawfully to claim dominion, or a share in it. (201) Still, not even so could the prophets effect much. (202) They could, indeed, remove a tyrant; but there were reasons which prevented them from doing more than setting up, at great cost of civil bloodshed, another tyrant in his stead. (203) Of discords and civil wars there was no end, for the causes for the violation of Divine right remained always the same, and could only be removed by a complete remodelling of the state.
(17:204) We have now seen how religion was introduced into the Hebrew commonwealth, and how the dominion might have lasted for ever, if the just wrath of the Lawgiver had allowed it. (205) As this was impossible, it was bound in time to perish. (206) I am now speaking only of the first commonwealth, for the second was a mere shadow of the first, inasmuch as the people were bound by the rights of the Persians to whom they were subject. (207) After the restoration of freedom, the high priests usurped the rights of the secular chiefs, and thus obtained absolute dominion. (208) The priests were inflamed with an intense desire to wield the powers of the sovereignty and the high priesthood at the same time. (209) I have, therefore, no need to speak further of the second commonwealth. (210) Whether the first, in so far as we deem it to have been durable, is capable of imitation, and whether it would be pious to copy it as far as possible, will appear from what fellows. (211) I wish only to draw attention, as a crowning conclusion, to the principle indicated already - namely, that it is evident, from what we have stated in this chapter, that the Divine right, or the right of religion, originates in a compact: without such compact, none but natural rights exist. (212) The Hebrews were not bound by their religion to evince any pious care for other nations not included in the compact, but only for their own fellow-citizens.
[18:0] CHAPTER XVIII - FROM THE COMMONWEALTH OF THE HEBREWS, AND THEIR HISTORY, CERTAIN POLITICAL DOCTRINES ARE DEDUCED.
[18:1] (1) Although the commonwealth of the Hebrews, as we have conceived it, might have lasted for ever, it would be impossible to imitate it at the present day, nor would it be advisable so to do. (2) If a people wished to transfer their rights to God it would be necessary to make an express covenant with Him, and for this would be needed not only the consent of those transferring their rights, but also the consent of God. (3) God, however, has revealed through his Apostles that the covenant of God is no longer written in ink, or on tables of stone, but with the Spirit of God in the fleshy tables of the heart.
(18:4) Furthermore, such a form of government would only be available for those who desire to have no foreign relations, but to shut themselves up within their own frontiers, and to live apart from the rest of the world; it would be useless to men who must have dealings with other nations; so that the cases where it could be adopted are very few indeed.
(18:5) Nevertheless, though it could not be copied in its entirety, it possessed many excellent features which might be brought to our notice, and perhaps imitated with advantage. (6) My intention, however, is not to write a treatise on forms of government, so I will pass over most of such points in silence, and will only touch on those which bear upon my purpose.
(18:7) God's kingdom is not infringed upon by the choice of an earthly ruler endowed with sovereign rights; for after the Hebrews had transferred their rights to God, they conferred the sovereign right of ruling on Moses, investing him with the sole power of instituting and abrogating laws in the name of God, of choosing priests, of judging, of teaching, of punishing - in fact, all the prerogatives of an absolute monarch.
(18:8) Again, though the priests were the interpreters of the laws, they had no power to judge the citizens, or to excommunicate anyone: this could only be done by the judges and chiefs chosen from among the people. (9) A consideration of the successes and the histories of the Hebrews will bring to light other considerations worthy of note. To wit:
(18:9) I. That there were no religious sects, till after the high priests, in the second commonwealth, possessed the authority to make decrees, and transact the business of government. (10) In order that such authority might last for ever, the high priests usurped the rights of secular rulers, and at last wished to be styled kings. (11) The reason for this is ready to hand; in the first commonwealth no decrees could bear the name of the high priest, for he had no right to ordain laws, but only to give the answers of God to questions asked by the captains or the councils: he had, therefore, no motive for making changes in the law, but took care, on the contrary, to administer and guard what had already been received and accepted. (12) His only means of preserving his freedom in safety against the will of the captains lay in cherishing the law intact. (13) After the high priests had assumed the power of carrying on the government, and added the rights of secular rulers to those they already possessed, each one began both in things religious and in things secular, to seek for the glorification of his own name, settling everything by sacerdotal authority, and issuing every day, concerning ceremonies, faith, and all else, new decrees which he sought to make as sacred and authoritative as the laws of Moses. (14) Religion thus sank into a degrading superstition, while the true meaning and interpretation of the laws became corrupted. (15) Furthermore, while the high priests were paving their way to the secular rule just after the restoration, they attempted to gain popular favour by assenting to every demand; approving whatever the people did, however impious, and accommodating Scripture to the very depraved current morals. (16) Malachi bears witness to this in no measured terms: he chides the priests of his time as despisers of the name of God, and then goes on with his invective as follows (Mal ii:7, 8): "For the priest's lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts. (17) But ye are departed out of the way; ye have caused many to stumble at the law, ye have corrupted the covenant of Levi, saith the Lord of hosts." (18) He further accuses them of interpreting the laws according to their own pleasure, and paying no respect to God but only to persons. (19) It is certain that the high priests were never so cautious in their conduct as to escape the remark of the more shrewd among the people, for the latter were at length emboldened to assert that no laws ought to be kept save those that were written, and that the decrees which the Pharisees (consisting, as Josephus says in his " Amtiquities," chiefly, of the common people), were deceived into calling the traditions of the fathers, should not be observed at all. (20) However this may be, we can in nowise doubt that flattery of the high priest, the corruption of religion and the laws, and the enormous increase of the extent of the last-named, gave very great and frequent occasion for disputes and altercations impossible to allay. (21) When men begin to quarrel with all the ardour of superstition, and the magistracy to back up one side or the other, they can never come to a compromise, but are bound to split into sects.
(18:22) II. It is worthy of remark that the prophets, who were in a private station of life, rather irritated than reformed mankind by their freedom of warning, rebuke, and censure; whereas the kings, by their reproofs and punishments, could always produce an effect. (23) The prophets were often intolerable even to pious kings, on account of the authority they assumed for judging whether an action was right or wrong, or for reproving the kings themselves if they dared to transact any business, whether public or private, without prophetic sanction. (24) King Asa who, according to the testimony of Scripture, reigned piously, put the prophet Hanani into a prison-house because he had ventured freely to chide and reprove him for entering into a covenant with the king of Armenia.
(18:25) Other examples might be cited, tending to prove that religion gained more harm than good by such freedom, not to speak of the further consequence, that if the prophets had retained their rights, great civil wars would have resulted.
(26) III. It is remarkable that during all the period, during which the people held the reins of power, there was only one civil war, and that one was completely extinguished, the conquerors taking such pity on the conquered, that they endeavoured in every way to reinstate them in their former dignity and power. (27) But after that the people, little accustomed to kings, changed its first form of government into a monarchy, civil war raged almost continuously; and battles were so fierce as to exceed all others recorded; in one engagement (taxing our faith to the utmost) five hundred thousand Israelites were slaughtered by the men of Judah, and in another the Israelites slew great numbers of the men of Judah (the figures are not given in Scripture), almost razed to the ground the walls of Jerusalem, and sacked the Temple in their unbridled fury. (28) At length, laden with the spoils of their brethren, satiated with blood, they took hostages, and leaving the king in his well-nigh devastated kingdom, laid down their arms, relying on the weakness rather than the good faith of their foes. (29) A few years after, the men of Judah, with recruited strength, again took the field, but were a second time beaten by the Israelites, and slain to the number of a hundred and twenty thousand, two hundred thousand of their wives and children were led into captivity, and a great booty again seized. (30) Worn out with these and similar battles set forth at length in their histories, the Jews at length fell a prey to their enemies.
(18:31) Furthermore, if we reckon up the times during which peace prevailed under each form of government, we shall find a great discrepancy. (32) Before the monarchy forty years and more often passed, and once eighty years (an almost unparalleled period), without any war, foreign or civil. (33) After the kings acquired sovereign power, the fighting was no longer for peace and liberty, but for glory; accordingly we find that they all, with the exception of Solomon (whose virtue and wisdom would be better displayed in peace than in war) waged war, and finally a fatal desire for power gained ground, which, in many cases, made the path to the throne a bloody one.
(18:34) Lastly, the laws, during the rule of the people, remained uncorrupted and were studiously observed. (35) Before the monarchy there were very, few prophets to admonish the people, but after the establishment of kings there were a great number at the same time. (36) Obadiah saved a hundred from death and hid them away, lest they should be slain with the rest. (37) The people, so far as we can see, were never deceived by false prophets till after the power had been vested in kings, whose creatures many of the prophets were. (38) Again, the people, whose heart was generally proud or humble according to its circumstances, easily corrected it-self under misfortune, turned again to God, restored His laws, and so freed itself from all peril; but the kings, whose hearts were always equally puffed up, and who could not be corrected without humiliation, clung pertinaciously to their vices, even till the last overthrow of the city.
[18:2] (39) We may now clearly see from what I have said:-
(40) I. How hurtful to religion and the state is the concession to ministers of religion of any power of issuing decrees or transacting the business of government: how, on the contrary, far greater stability is afforded, if the said ministers are only allowed to give answers to questions duly put to them, and are, as a rule, obliged to preach and practise the received and accepted doctrines.
(18:41) II How dangerous it is to refer to Divine right matters merely speculative and subject or liable to dispute. (42) The most tyrannical governments are those which make crimes of opinions, for everyone has an inalienable right over his thoughts - nay, such a state of things leads to the rule of popular passion.
(18:43) Pontius Pilate made concession to the passion of the Pharisees in consenting to the crucifixion of Christ, whom he knew to be innocent. (44) Again, the Pharisees, in order to shake the position of men richer than themselves, began to set on foot questions of religion, and accused the Sadducees of impiety, and, following their example, the vilest - hypocrites, stirred, as they pretended, by the same holy wrath which they called zeal for the Lord, persecuted men whose unblemished character and distinguished virtue had excited the popular hatred, publicly denounced their opinions, and inflamed the fierce passions of the people against them.
(18:45) This wanton licence being cloaked with the specious garb of religion could not easily be repressed, especially when the sovereign authorities introduced a sect of which they, were not the head; they were then regarded not as interpreters of Divine right, but as sectarians - that is, as persons recognizing the right of Divine interpretation assumed by the leaders of the sect. (46) The authority of the magistrates thus became of little account in such matters in comparison with the authority of sectarian leaders before whose interpretations kings were obliged to bow.
(18:47) To avoid such evils in a state, there is no safer way, than to make piety and religion to consist in acts only - that is, in the practice of justice and charity, leaving everyone's judgment in other respects free. (48) But I will speak of this more at length presently.
[18:3] (49) III. We see how necessary it is, both in the interests of the state and in the interests of religion, to confer on the sovereign power the right of deciding what is lawful or the reverse. (50) If this right of judging actions could not be given to the very prophets of God without great injury, to the state and religion, how much less should it be entrusted to those who can neither foretell the future nor work miracles! (51) But this again I will treat of more fully hereafter.
(18:52) IV. Lastly,, we see how disastrous it is for a people unaccustomed to kings, and possessing a complete code of laws, to set up a monarchy. (53) Neither can the subjects brook such a sway, nor the royal authority submit to laws and popular rights set up by anyone inferior to itself. (54) Still less can a king be expected to defend such laws, for they were not framed to support his dominion, but the dominion of the people, or some council which formerly ruled, so that in guarding the popular rights the king would seem to be a slave rather than a master. (55) The representative of a new monarchy will employ all his zeal in attempting to frame new laws, so as to wrest the rights of dominion to his own use, and to reduce the people till they find it easier to increase than to curtail the royal prerogative. (56) I must not, however, omit to state that it is no less dangerous to remove a monarch, though he is on all hands admitted to be a tyrant. (57) For his people are accustomed to royal authority and will obey no other, despising and mocking at any less august control.
(18:58) It is therefore necessary, as the prophets discovered of old, if one king be removed, that he should be replaced by another, who will be a tyrant from necessity rather than choice. (59) For how will he be able to endure the sight of the hands of the citizens reeking with royal blood, and to rejoice in their regicide as a glorious exploit? (60) Was not the deed perpetrated as an example and warning for himself?
(18:61) If he really wishes to be king, and not to acknowledge the people as the judge of kings and the master of himself, or to wield a precarious sway, he must avenge the death of his predecessor, making an example for his own sake, lest the people should venture to repeat a similar crime. (62) He will not, however, be able easily to avenge the death of the tyrant by the slaughter of citizens unless he defends the cause of tyranny and approves the deeds of his predecessor, thus following in his footsteps.
(18:63) Hence it comes to pass that peoples have often changed their tyrants, but never removed them or changed the monarchical form of government into any other.
[18:4] (64) The English people furnish us with a terrible example of this fact. (65) They sought how to depose their monarch under the forms of law, but when he had been removed, they were utterly unable to change the form of government, and after much bloodshed only brought it about, that a new monarch should be hailed under a different name (as though it had been a mere question of names); this new monarch could only consolidate his power by completely destroying the royal stock, putting to death the king's friends, real or supposed, and disturbing with war the peace which might encourage discontent, in order that the populace might be engrossed with novelties and divert its mind from brooding over the slaughter of the king. (66) At last, however, the people reflected that it had accomplished nothing for the good of the country beyond violating the rights of the lawful king and changing everything for the worse. (67) It therefore decided to retrace its steps as soon as possible, and never rested till it had seen a complete restoration of the original state of affairs.
(18:68) It may perhaps be objected that the Roman people was easily able to remove its tyrants, but I gather from its history a strong confirmation of my contention. (69) Though the Roman people was much more than ordinarily capable of removing their tyrants and changing their form of government, inasmuch as it held in its own hands the power of electing its king and his successor, said being composed of rebels and criminals had not long been used to the royal yoke (out of its six kings it had put to death three), nevertheless it could accomplish nothing beyond electing several tyrants in place of one, who kept it groaning under a continual state of war, both foreign and civil, till at last it changed its government again to a form differing from monarchy, as in England, only in name.
[18:5] (70) As for the United States of the Netherlands, they have never, as we know, had a king, but only counts, who never attained the full rights of dominion. (71) The States of the Netherlands evidently acted as principals in the settlement made by them at the time of the Earl of Leicester's mission: they always reserved for themselves the authority to keep the counts up to their duties, and the power to preserve this authority and the liberty of the citizens. (72) They had ample means of vindicating their rights if their rulers should prove tyrannical, and could impose such restraints that nothing could be done without their consent and approval.
(18:73) Thus the rights of sovereign power have always been vested in the States, though the last count endeavoured to usurp them. (74) It is therefore little likely that the States should give them up, especially as they have just restored their original dominion, lately almost lost.
(18:75) These examples, then, confirm us in our belief, that every dominion should retain its original form, and, indeed, cannot change it without danger of the utter ruin of the whole state. (76) Such are the points I have here thought worthy of remark.
[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 OBEY GOD ARIGHT.
(1) When I said that the possessors of sovereign power have rights over everything, and that all rights are dependent on their decree, I did not merely mean temporal rights, but also spiritual rights; of the latter, no less than the former, they ought to be the interpreters and the champions. (2) I wish to draw special attention to this point, and to discuss it fully in this chapter, because many persons deny that the right of deciding religious questions belongs to the sovereign power, and refuse to acknowledge it as the interpreter of Divine right. (3) They accordingly assume full licence to accuse and arraign it, nay, even to excommunicate it from the Church, as Ambrosius treated the Emperor Theodosius in old time. (4) However, I will show later on in this chapter that they take this means of dividing the government, and paving the way to their own ascendancy. (5) I wish, however, first to point out that religion acquires its force as law solely from the decrees of the sovereign. (6) God has no special kingdom among men except in so far as He reigns through temporal rulers. [19:1] (7) Moreover, the rites of religion and the outward observances of piety should be in accordance with the public peace and well-being, and should therefore be determined by the sovereign power alone. (8) I speak here only of the outward observances of piety and the external rites of religion, not of piety, itself, nor of the inward worship of God, nor the means by which the mind is inwardly led to do homage to God in singleness of heart.
(19:9) Inward worship of God and piety in itself are within the sphere of everyone's private rights, and cannot be alienated (as I showed at the end of Chapter VII.). (10) What I here mean by the kingdom of God is, I think, sufficiently clear from what has been said in Chapter XIV. (11) I there showed that a man best fulfils Gods law who worships Him, according to His command, through acts of justice and charity; it follows, therefore, that wherever justice and charity have the force of law and ordinance, there is God's kingdom.
(19:12) I recognize no difference between the cases where God teaches and commands the practice of justice and charity through our natural faculties, and those where He makes special revelations; nor is the form of the revelation of importance so long as such practice is revealed and becomes a sovereign and supreme law to men. (13) If, therefore, I show that justice and charity can only acquire the force of right and law through the rights of rulers, I shall be able readily to arrive at the conclusion (seeing that the rights of rulers are in the possession of the sovereign), that religion can only acquire the force of right by means of those who have the right to command, and that God only rules among men through the instrumentality of earthly potentates. (14) It follows from what has been said, that the practice of justice and charity only acquires the force of law through the rights of the sovereign authority; for we showed in Chapter XVI. that in the state of nature reason has no more rights than desire, but that men living either by the laws of the former or the laws of the latter, possess rights co-extensive with their powers.
(19:15) For this reason we could not conceive sin to exist in the state of nature, nor imagine God as a judge punishing man's transgressions; but we supposed all things to happen according to the general laws of universal nature, there being no difference between pious and impious, between him that was pure (as Solomon says) and him that was impure, because there was no possibility either of justice or charity.
[19:2] (16) In order that the true doctrines of reason, that is (as we showed in Chapter IV.), the true Divine doctrines might obtain absolutely the force of law and right, it was necessary that each individual should cede his natural right, and transfer it either to society as a whole, or to a certain body of men, or to one man. (17) Then, and not till then, does it first dawn upon us what is justice and what is injustice, what is equity and what is iniquity.
(19:18) Justice, therefore, and absolutely all the precepts of reason, including love towards one's neighbour, receive the force of laws and ordinances solely through the rights of dominion, that is (as we showed in the same chapter) solely on the decree of those who possess the right to rule. (19) Inasmuch as the kingdom of God consists entirely in rights applied to justice and charity or to true religion, it follows that (as we asserted) the kingdom of God can only exist among men through the means of the sovereign powers; nor does it make any difference whether religion be apprehended by our natural faculties or by revelation: the argument is sound in both cases, inasmuch as religion is one and the same, and is equally revealed by God, whatever be the manner in which it becomes known to men.
(19:20) Thus, in order that the religion revealed by the prophets might have the force of law among the Jews, it was necessary that every man of them should yield up his natural right, and that all should, with one accord, agree that they would only obey such commands as God should reveal to them through the prophets. (21) Just as we have shown to take place in a democracy, where men with one consent agree to live according to the dictates of reason. (22) Although the Hebrews furthermore transferred their right to God, they were able to do so rather in theory than in practice, for, as a matter of fact (as we pointed out above) they absolutely retained the right of dominion till they transferred it to Moses, who in his turn became absolute king, so that it was only through him that God reigned over the Hebrews. (23) For this reason (namely, that religion only acquires the force of law by means of the sovereign power) Moses was not able to punish those who, before the covenant, and consequently while still in possession of their rights, violated the Sabbath (Exod. xvi:27), but was able to do so after the covenant (Numb. xv:36), because everyone had then yielded up his natural rights, and the ordinance of the Sabbath had received the force of law.
(19:24) Lastly, for the same reason, after the destruction of the Hebrew dominion, revealed religion ceased to have the force of law; for we cannot doubt that as soon as the Jews transferred their right to the king of Babylon, the kingdom of God and the Divine right forthwith ceased. (25) For the covenant wherewith they promised to obey all the utterances of God was abrogated; God's kingdom, which was based thereupon, also ceased. (26) The Hebrews could no longer abide thereby, inasmuch as their rights no longer belonged to them but to the king of Babylon, whom (as we showed in Chapter XVI.) they were bound to obey in all things. (27) Jeremiah (chap. xxix:7) expressly admonishes them of this fact: "And seek the peace of the city, whither I have caused you to be carried away captives, and pray unto the Lord for it; for in the peace thereof shall ye have peace." (28) Now, they could not seek the peace of the City as having a share in its government, but only as slaves, being, as they were, captives; by obedience in all things, with a view to avoiding seditions, and by observing all the laws of the country, however different from their own. (29) It is thus abundantly evident that religion among the Hebrews only acquired the form of law through the right of the sovereign rule; when that rule was destroyed, it could no longer be received as the law of a particular kingdom, but only as the universal precept of reason. (30) I say of reason, for the universal religion had not yet become known by revelation. (31) We may therefore draw the general conclusion that religion, whether revealed through our natural faculties or through prophets, receives the force of a command solely through the decrees of the holders of sovereign power; and, further, that God has no special kingdom among men, except in so far as He reigns through earthly potentates.
(19:32) We may now see in a clearer light what was stated in Chapter IV., namely, that all the decrees of God involve eternal truth and necessity, so that we cannot conceive God as a prince or legislator giving laws to mankind. (33) For this reason the Divine precepts, whether revealed through our natural faculties, or through prophets, do not receive immediately from God the force of a command, but only from those, or through the mediation of those, who possess the right of ruling and legislating. (34) It is only through these latter means that God rules among men, and directs human affairs with justice and equity.
(19:35) This conclusion is supported by experience, for we find traces of Divine justice only in places where just men bear sway; elsewhere the same lot (to repeat, again Solomon's words) befalls the just and the unjust, the pure and the impure: a state of things which causes Divine Providence to be doubted by many who think that God immediately reigns among men, and directs all nature for their benefit.
[19:3] (36) As, then, both reason and experience tell us that the Divine right is entirely dependent on the decrees of secular rulers, it follows that secular rulers are its proper interpreters. (37) How this is so we shall now see, for it is time to show that the outward observances of religion, and all the external practices of piety should be brought into accordance with the public peace and well-being if we would obey God rightly. (38) When this has been shown we shall easily understand how the sovereign rulers are the proper interpreters of religion and piety.
(19:39) It is certain that duties towards one's country are the highest that man can fulfil; for, if government be taken away, no good thing can last, all falls into dispute, anger and anarchy reign unchecked amid universal fear. (40) Consequently there can be no duty towards our neighbour which would not become an offence if it involved injury to the whole state, nor can there be any offence against our duty towards our neighbour, or anything but loyalty in what we do for the sake of preserving the state. (41) For instance: it is in the abstract my duty when my neighbour quarrels with me and wishes to take my cloak, to give him my coat also; but if it be thought that such conduct is hurtful to the maintenance of the state, I ought to bring him to trial, even at the risk of his being condemned to death.
(19:42) For this reason Manlius Torquatus is held up to honour, inasmuch as the public welfare outweighed with him his duty towards his children. (43) This being so, it follows that the public welfare is the sovereign law to which all others, Divine and human, should be made to conform. (44) Now, it is the function of the sovereign only to decide what is necessary for the public welfare and the safety of the state, and to give orders accordingly; therefore it is also the function of the sovereign only to decide the limits of our duty towards our neighbour - in other words, to determine how we should obey God. (45) We can now clearly understand how the sovereign is the interpreter of religion, and further, that no one can obey God rightly, if the practices of his piety do not conform to the public welfare; or, consequently, if he does not implicitly obey all the commands of the sovereign. (46) For as by God's command we are bound to do our duty to all men without exception, and to do no man an injury, we are also bound not to help one man at another's loss, still less at a loss to the whole state. (47) Now, no private citizen can know what is good for the state, except he learn it through the sovereign power, who alone has the right to transact public business: therefore no one can rightly practise piety or obedience to God, unless he obey the sovereign power's commands in all things. (48) This proposition is confirmed by the facts of experience. (49) For if the sovereign adjudge a man to be worthy of death or an enemy, whether he be a citizen or a foreigner, a private individual or a separate ruler, no subject is allowed to give him assistance. (50) So also though the Jews were bidden to love their fellow-citizens as themselves (Levit. xix:17, 18), they were nevertheless bound, if a man offended against the law, to point him out to the judge (Levit. v:1, and Deut. xiii:8, 9), and, if he should be condemned to death, to slay him (Deut. xvii:7).
(19:51) Further, in order that the Hebrews might preserve the liberty they had gained, and might retain absolute sway over the territory they had conquered, it was necessary, as we showed in Chapter XVII., that their religion should be adapted to their particular government, and that they should separate themselves from the rest of the nations: wherefore it was commanded to them, "Love thy neighbour and hate thine enemy" (Matt. v:43), but after they had lost their dominion and had gone into captivity in Babylon, Jeremiah bid them take thought for the safety of the state into which they had been led captive; and Christ when He saw that they would be spread over the whole world, told them to do their duty by all men without exception; all of which instances show that religion has always been made to conform to the public welfare. [19:4] (52) Perhaps someone will ask: By what right, then, did the disciples of Christ, being private citizens, preach a new religion? (53) I answer that they did so by the right of the power which they had received from Christ against unclean spirits (see Matt. x:1). (54) I have already stated in Chapter XVI. that all are bound to obey a tyrant, unless they have received from God through undoubted revelation a promise of aid against him; so let no one take example from the Apostles unless he too has the power of working miracles. (55) The point is brought out more clearly by Christ's command to His disciples, "Fear not those who kill the body" (Matt. x:28). (56) If this command were imposed on everyone, governments would be founded in vain, and Solomon's words (Prov. xxiv:21), "My son, fear God and the king," would be impious, which they certainly are not; we must therefore admit that the authority which Christ gave to His disciples was given to them only, and must not be taken as an example for others.
(19:57) I do not pause to consider the arguments of those who wish to separate secular rights from spiritual rights, placing the former under the control of the sovereign, and the latter under the control of the universal Church; such pretensions are too frivolous to merit refutation. (58) I cannot however, pass over in silence the fact that such persons are woefully deceived when they seek to support their seditious opinions (I ask pardon for the somewhat harsh epithet) by the example of the Jewish high priest, who, in ancient times, had the right of administering the sacred offices. (59) Did not the high priests receive their right by the decree of Moses (who, as I have shown, retained the sole right to rule), and could they not by the same means be deprived of it? (60) Moses himself chose not only Aaron, but also his son Eleazar, and his grandson Phineas, and bestowed on them the right of administering the office of high priest. (61) This right was retained by the high priests afterwards, but none the less were they delegates of Moses - that is, of the sovereign power. (62) Moses, as we have shown, left no successor to his dominion, but so distributed his prerogatives, that those who came after him seemed, as it were, regents who administer the government when a king is absent but not dead.
(19:62) In the second commonwealth the high priests held their right absolutely, after they had obtained the rights of principality in addition. (63) Wherefore the rights of the high priesthood always depended on the edict of the sovereign, and the high priests did not possess them till they became sovereigns also. (64) Rights in matters spiritual always remained under the control of the kings absolutely (as I will show at the end of this chapter), except in the single particular that they were not allowed to administer in person the sacred duties in the Temple, inasmuch as they were not of the family of Aaron, and were therefore considered unclean, a reservation which would have no force in a Christian community.
(19:65) We cannot, therefore, doubt that the daily sacred rites (whose performance does not require a particular genealogy but only a special mode of life, and from which the holders of sovereign power are not excluded as unclean) are under the sole control of the sovereign power; no one, save by the authority or concession of such sovereign, has the right or power of administering them, of choosing others to administer them, of defining or strengthening the foundations of the Church and her doctrines; of judging on questions of morality or acts of piety; of receiving anyone into the Church or excommunicating him therefrom, or, lastly, of providing for the poor.
(19:66) These doctrines are proved to be not only true (as we have already pointed out), but also of primary necessity for the preservation of religion and the state. (67) We all know what weight spiritual right and authority carries in the popular mind: how everyone hangs on the lips, as it were, of those who possess it. (68) We may even say that those who wield such authority have the most complete sway over the popular mind.
(19:69) Whosoever, therefore, wishes to take this right away from the sovereign power, is desirous of dividing the dominion; from such division, contentions, and strife will necessarily spring up, as they did of old between the Jewish kings and high priests, and will defy all attempts to allay them. (70) Nay, further, he who strives to deprive the sovereign power of such authority, is aiming (as we have said), at gaining dominion for himself. (71) What is left for the sovereign power to decide on, if this right be denied him? (72) Certainly nothing concerning either war or peace, if he has to ask another man's opinion as to whether what he believes to be beneficial would be pious or impious. (73) Everything would depend on the verdict of him who had the right of deciding and judging what was pious or impious, right or wrong.
(19:74) When such a right was bestowed on the Pope of Rome absolutely, he gradually acquired complete control over the kings, till at last he himself mounted to the summits of dominion; however much monarchs, and especially the German emperors, strove to curtail his authority, were it only by a hairsbreadth, they effected nothing, but on the contrary by their very endeavours largely increased it. (75) That which no monarch could accomplish with fire and sword, ecclesiastics could bring about with a stroke of the pen; whereby we may easily see the force and power at the command of the Church, and also how necessary it is for sovereigns to reserve such prerogatives for themselves.
(19:76) If we reflect on what was said in the last chapter we shall see that such reservation conduced not a little to the increase of religion and piety; for we observed that the prophets themselves, though gifted with Divine efficacy, being merely private citizens, rather irritated than reformed the people by their freedom of warning, reproof, and denunciation, whereas the kings by warnings and punishments easily bent men to their will. (77) Furthermore, the kings themselves, not possessing the right in question absolutely, very often fell away from religion and took with them nearly the whole people. (78) The same thing has often happened from the same cause in Christian states.
(19:79) Perhaps I shall be asked, "But if the holders of sovereign power choose to be wicked, who will be the rightful champion of piety? (80) Should the sovereigns still be its interpreters? "I meet them with the counter- question, "But if ecclesiastics (who are also human, and private citizens, and who ought to mind only their own affairs), or if others whom it is proposed to entrust with spiritual authority, choose to be wicked, should they still be considered as piety's rightful interpreters?" (81) It is quite certain that when sovereigns wish to follow their own pleasure, whether they have control over spiritual matters or not, the whole state, spiritual and secular, will go to ruin, and it will go much faster if private citizens seditiously assume the championship of the Divine rights.
(19:82) Thus we see that not only is nothing gained by denying such rights to sovereigns, but on the contrary, great evil ensues. (83) For (as happened with the Jewish kings who did not possess such rights absolutely) rulers are thus driven into wickedness, and the injury and loss to the state become certain and inevitable, instead of uncertain and possible. (84) Whether we look to the abstract truth, or the security of states, or the increase of piety, we are compelled to maintain that the Divine right, or the right of control over spiritual matters, depends absolutely on the decree of the sovereign, who is its legitimate interpreter and champion. (85) Therefore the true ministers of God's word are those who teach piety to the people in obedience to the authority of the sovereign rulers by whose decree it has been brought into conformity with the public welfare.
[19:5] (86) There remains for me to point out the cause for the frequent disputes on the subject of these spiritual rights in Christian states; whereas the Hebrews, so far as I know, never, had any doubts about the matter. (87) It seems monstrous that a question so plain and vitally important should thus have remained undecided, and that the secular rulers could never obtain the prerogative without controversy, nay, nor without great danger of sedition and injury to religion. (88) If no cause for this state of things were forthcoming, I could easily persuade myself that all I have said in this chapter is mere theorizing, or akind of speculative reasoning which can never be of any practical use. (89) However, when we reflect on the beginnings of Christianity the cause at once becomes manifest. (90) The Christian religion was not taught at first by kings, but by private persons, who, against the wishes of those in power, whose subjects they, were, were for a long time accustomed to hold meetings in secret churches, to institute and perform sacred rites, and on their own authority to settle and decide on their affairs without regard to the state, (91) When, after the lapse of many years, the religion was taken up by the authorities, the ecclesiastics were obliged to teach it to the emperors themselves as they had defined it: wherefore they easily gained recognition as its teachers and interpreters, and the church pastors were looked upon as vicars of God. (92) The ecclesiastics took good care that the Christian kings should not assume their authority, by prohibiting marriage to the chief ministers of religion and to its highest interpreter. (93) They furthermore elected their purpose by multiplying the dogmas of religion to such an extent and so blending them with philosophy that their chief interpreter was bound to be a skilled philosopher and theologian, and to have leisure for a host of idle speculations: conditions which could only be fulfilled by a private individual with much time on his hands.
(19:94) Among the Hebrews things were very differently arranged: for their Church began at the same time as their dominion, and Moses, their absolute ruler, taught religion to the people, arranged their sacred rites, and chose their spiritual ministers. (95) Thus the royal authority carried very great weight with the people, and the kings kept a firm hold on their spiritual prerogatives.
(19:96) Although, after the death of Moses, no one held absolute sway, yet the power of deciding both in matters spiritual and matters temporal was in the hands of the secular chief, as I have already pointed out. (97) Further, in order that it might be taught religion and piety, the people was bound to consult the supreme judge no less than the high priest (Deut. xvii:9, 11). (98) Lastly, though the kings had not as much power as Moses, nearly the whole arrangement and choice of the sacred ministry depended on their decision. (99) Thus David arranged the whole service of the Temple (see 1 Chron. xxviii:11, 12, &c.); from all the Levites he chose twenty-four thousand for the sacred psalms; six thousand of these formed the body from which were chosen the judges and proctors, four thousand were porters, and four thousand to play on instruments (see 1 Chron. xxiii:4, 5). (100) He further divided them into companies (of whom he chose the chiefs), so that each in rotation, at the allotted time, might perform the sacred rites. (101) The priests he also divided into as many companies; I will not go through the whole catalogue, but refer the reader to 2 Chron. viii:13, where it is stated, "Then Solomon offered burnt offerings to the Lord . . . . . after a certain rate every day, offering according to the commandments of Moses;" and in verse 14, "And he appointed, according to the order of David his father, the courses of the priests to their service . . . . . . for so had David the man of God commanded." (102) Lastly, the historian bears witness in verse 15: "And they departed not from the commandment of the king unto the priests and Levites concerning any matter, or concerning the treasuries."
[19:6] (103) From these and other histories of the kings it is abundantly evident, that the whole practice of religion and the sacred ministry depended entirely on the commands of the king.
(19:104) When I said above that the kings had not the same right as Moses to elect the high priest, to consult God without intermediaries, and to condemn the prophets who prophesied during their reign; I said so simply because the prophets could, in virtue of their mission, choose a new king and give absolution for regicide, not because they could call a king who offended against the law to judgment, or could rightly act against him [Endnote 33].
(19:105) Wherefore if there had been no prophets who, in virtue of a special revelation, could give absolution for regicide, the kings would have possessed absolute rights over all matters both spiritual and temporal. (106) Consequently the rulers of modern times, who have no prophets and would not rightly be bound in any case to receive them (for they are not subject to Jewish law), have absolute possession of the spiritual prerogative, although they are not celibates, and they will always retain it, if they will refuse to allow religious dogmas to be unduly multiplied or confounded with philosophy.
[20:0] CHAPTER XX - THAT IN A FREE STATE EVERY MAN MAY THINK WHAT HE LIKES, AND SAY WHAT HE THINKS.
[20:1] (1) If men's minds were as easily controlled as their tongues, every king would sit safely on his throne, and government by compulsion would cease; for every subject would shape his life according to the intentions of his rulers, and would esteem a thing true or false, good or evil, just or unjust, in obedience to their dictates. (2) However, we have shown already (Chapter XVII.) that no man's mind can possibly lie wholly at the disposition of another, for no one can willingly transfer his natural right of free reason and judgment, or be compelled so to do. (3) For this reason government which attempts to control minds is accounted tyrannical, and it is considered an abuse of sovereignty and a usurpation of the rights of subjects, to seek to prescribe what shall be accepted as true, or rejected as false, or what opinions should actuate men in their worship of God. (4) All these questions fall within a man's natural right, which he cannot abdicate even with his own consent.
(20:5) I admit that the judgment can be biassed in many ways, and to an almost incredible degree, so that while exempt from direct external control it may be so dependent on another man's words, that it may fitly be said to be ruled by him; but although this influence is carried to great lengths, it has never gone so far as to invalidate the statement, that every man's understanding is his own, and that brains are as diverse as palates.
(20:6) Moses, not by fraud, but by Divine virtue, gained such a hold over the popular judgment that he was accounted superhuman, and believed to speak and act through the inspiration of the Deity; nevertheless, even he could not escape murmurs and evil interpretations. (7) How much less then can other monarchs avoid them! (8) Yet such unlimited power, if it exists at all, must belong to a monarch, and least of all to a democracy, where the whole or a great part of the people wield authority collectively. (9) This is a fact which I think everyone can explain for himself.
(20:10) However unlimited, therefore, the power of a sovereign may be, however implicitly it is trusted as the exponent of law and religion, it can never prevent men from forming judgments according to their intellect, or being influenced by any given emotion. (11) It is true that it has the right to treat as enemies all men whose opinions do not, on all subjects, entirely coincide with its own; but we are not discussing its strict rights, but its proper course of action. (12) I grant that it has the right to rule in the most violent manner, and to put citizens to death for very trivial causes, but no one supposes it can do this with the approval of sound judgment. (13) Nay, inasmuch as such things cannot be done without extreme peril to itself, we may even deny that it has the absolute power to do them, or, consequently, the absolute right; for the rights of the sovereign are limited by his power.
[20:2] (14) Since, therefore, no one can abdicate his freedom of judgment and feeling; since every man is by indefeasible natural right the master of his own thoughts, it follows that men thinking in diverse and contradictory fashions, cannot, without disastrous results, be compelled to speak only according to the dictates of the supreme power. (15) Not even the most experienced, to say nothing of the multitude, know how to keep silence. (16) Men's common failing is to confide their plans to others, though there be need for secrecy, so that a government would be most harsh which deprived the individual of his freedom of saying and teaching what he thought; and would be moderate if such freedom were granted. (17) Still we cannot deny that authority may be as much injured by words as by actions; hence, although the freedom we are discussing cannot be entirely denied to subjects, its unlimited concession would be most baneful; we must, therefore, now inquire, how far such freedom can and ought to be conceded without danger to the peace of the state, or the power of the rulers; and this, as I said at the beginning of Chapter XVI., is my principal object. (18) It follows, plainly, from the explanation given above, of the foundations of a state, that the ultimate aim of government is not to rule, or restrain, by fear, nor to exact obedience, but contrariwise, to free every man from fear, that he may live in all possible security; in other words, to strengthen his natural right to exist and work - without injury to himself or others.
(20:19) No, the object of government is not to change men from rational beings into beasts or puppets, but to enable them to develope their minds and bodies in security, and to employ their reason unshackled; neither showing hatred, anger, or deceit, nor watched with the eyes of jealousy and injustice. (20) In fact, the true aim of government is liberty.
(20:21) Now we have seen that in forming a state the power of making laws must either be vested in the body of the citizens, or in a portion of them, or in one man. (22) For, although mens free judgments are very diverse, each one thinking that he alone knows everything, and although complete unanimity of feeling and speech is out of the question, it is impossible to preserve peace, unless individuals abdicate their right of acting entirely on their own judgment. [20:3] (23) Therefore, the individual justly cedes the right of free action, though not of free reason and judgment; no one can act against the authorities without danger to the state, though his feelings and judgment may be at variance therewith; he may even speak against them, provided that he does so from rational conviction, not from fraud, anger, or hatred, and provided that he does not attempt to introduce any change on his private authority.
(20:24) For instance, supposing a man shows that a law is repugnant to sound reason, and should therefore be repealed; if he submits his opinion to the judgment of the authorities (who, alone, have the right of making and repealing laws), and meanwhile acts in nowise contrary to that law, he has deserved well of the state, and has behaved as a good citizen should; but if he accuses the authorities of injustice, and stirs up the people against them, or if he seditiously strives to abrogate the law without their consent, he is a mere agitator and rebel.
(20:25) Thus we see how an individual may declare and teach what he believes, without injury to the authority of his rulers, or to the public peace; namely, by leaving in their hands the entire power of legislation as it affects action, and by doing nothing against their laws, though he be compelled often to act in contradiction to what he believes, and openly feels, to be best.
(20:26) Such a course can be taken without detriment to justice and dutifulness, nay, it is the one which a just and dutiful man would adopt. (27) We have shown that justice is dependent on the laws of the authorities, so that no one who contravenes their accepted decrees can be just, while the highest regard for duty, as we have pointed out in the preceding chapter, is exercised in maintaining public peace and tranquillity; these could not be preserved if every man were to live as he pleased; therefore it is no less than undutiful for a man to act contrary to his country's laws, for if the practice became universal the ruin of states would necessarily follow.
(20:28) Hence, so long as a man acts in obedience to the laws of his rulers, he in nowise contravenes his reason, for in obedience to reason he transferred the right of controlling his actions from his own hands to theirs. (29) This doctrine we can confirm from actual custom, for in a conference of great and small powers, schemes are seldom carried unanimously, yet all unite in carrying out what is decided on, whether they voted for or against. (30) But I return to my proposition.
(20:31) From the fundamental notions of a state, we have discovered how a man may exercise free judgment without detriment to the supreme power: from the same premises we can no less easily determine what opinions would be seditious. (32) Evidently those which by their very nature nullify the compact by which the right of free action was ceded. (33) For instance, a man who holds that the supreme power has no rights over him, or that promises ought not to be kept, or that everyone should live as he pleases, or other doctrines of this nature in direct opposition to the above- mentioned contract, is seditious, not so much from his actual opinions and judgment, as from the deeds which they involve; for he who maintains such theories abrogates the contract which tacitly, or openly, he made with his rulers. (34) Other opinions which do not involve acts violating the contract, such as revenge, anger, and t he like, are not seditious, unless it be in some. corrupt state, where superstitious and ambitious persons, unable to endure men of learning, are so popular with the multitude that their word is more valued than the law.
(20:35) However, I do not deny that there are some doctrines which, while they are apparently only concerned with abstract truths and falsehoods, are yet propounded and published with unworthy motives. (36) This question we have discussed in Chapter XV., and shown that reason should nevertheless remain unshackled. (37) If we hold to the principle that a man's loyalty to the state should be judged, like his loyalty to God, from his actions only - namely, from his charity towards his neighbours; we cannot doubt that the best government will allow freedom of philosophical speculation no less than of religious belief. (38) I confess that from such freedom inconveniences may sometimes arise, but what question was ever settled so wisely that no abuses could possibly spring therefrom? (39) He who seeks to regulate everything by law, is more likely to arouse vices than to reform them. (40) It is best to grant what cannot be abolished, even though it be in itself harmful. (41) How many evils spring from luxury, envy, avarice, drunkenness, and the like, yet these are tolerated - vices as they are - because they cannot be prevented by legal enactments. (42) How much more then should free thought be granted, seeing that it is in itself a virtue and that it cannot be crushed! (43) Besides, the evil results can easily be checked, as I will show, by the secular authorities, not to mention that such freedom is absolutely necessary for progress in science and the liberal arts: for no man follows such pursuits to advantage unless his judgment be entirely free and unhampered.
(20:44) But let it be granted that freedom may be crushed, and men be so bound down, that they do not dare to utter a whisper, save at the bidding of their rulers; nevertheless this can never be carried to the pitch of making them think according to authority, so that the necessary consequences would be that men would daily be thinking one thing and saying another, to the corruption of good faith, that mainstay of government, and to the fostering of hateful flattery and perfidy, whence spring stratagems, and the corruption of every good art.
(20:45) It is far from possible to impose uniformity of speech, for the more rulers strive to curtail freedom of speech, the more obstinately are they resisted; not indeed by the avaricious, the flatterers, and other numskulls, who think supreme salvation consists in filling their stomachs and gloating over their money-bags, but by those whom good education, sound morality, and virtue have rendered more free. (46) Men, as generally constituted, are most prone to resent the branding as criminal of opinions which they believe to be true, and the proscription as wicked of that which inspires them with piety towards God and man; hence they are ready to forswear the laws and conspire against the authorities, thinking it not shameful but honourable to stir up seditions and perpetuate any sort of crime with this end in view. (47) Such being the constitution of human nature, we see that laws directed against opinions affect the generous minded rather than the wicked, and are adapted less for coercing criminals than for irritating the upright; so that they cannot be maintained without great peril to the state.
(20:48) Moreover, such laws are almost always useless, for those who hold that the opinions proscribed are sound, cannot possibly obey the law; whereas those who already reject them as false, accept the law as a kind of privilege, and make such boast of it, that authority is powerless to repeal it, even if such a course be subsequently desired.
(20:49) To these considerations may be added what we said in Chapter XVIII. in treating of the history of the Hebrews. (50) And, lastly, how many schisms have arisen in the Church from the attempt of the authorities to decide by law the intricacies of theological controversy! (51) If men were not allured by the hope of getting the law and the authorities on their side, of triumphing over their adversaries in the sight of an applauding multitude, and of acquiring honourable distinctions, they would not strive so maliciously, nor would such fury sway their minds. (52) This is taught not only by reason but by daily examples, for laws of this kind prescribing what every man shall believe and forbidding anyone to speak or write to the contrary, have often been passed, as sops or concessions to the anger of those who cannot tolerate men of enlightenment, and who, by such harsh and crooked enactments, can easily turn the devotion of the masses into fury and direct it against whom they will. (53) How much better would it be to restrain popular anger and fury, instead of passing useless laws, which can only be broken by those who love virtue and the liberal arts, thus paring down the state till it is too small to harbour men of talent. (54) What greater misfortune for a state can be conceived then that honourable men should be sent like criminals into exile, because they hold diverse opinions which they cannot disguise? (55) What, I say, can be more hurtful than that men who have committed no crime or wickedness should, simply because they are enlightened, be treated as enemies and put to death, and that the scaffold, the terror of evil-doers, should become the arena where the highest examples of tolerance and virtue are displayed to the people with all the marks of ignominy that authority can devise?
(20:56) He that knows himself to be upright does not fear the death of a criminal, and shrinks from no punishment; his mind is not wrung with remorse for any disgraceful deed: he holds that death in a good cause is no punishment, but an honour, and that death for freedom is glory.
(20:57) What purpose then is served by the death of such men, what example in proclaimed? the cause for which they die is unknown to the idle and the foolish, hateful to the turbulent, loved by the upright. (58) The only lesson we can draw from such scenes is to flatter the persecutor, or else to imitate the victim.
(20:58) If formal assent is not to be esteemed above conviction, and if governments are to retain a firm hold of authority and not be compelled to yield to agitators, it is imperative that freedom of judgment should be granted, so that men may live together in harmony, however diverse, or even openly contradictory their opinions may be. (59) We cannot doubt that such is the best system of government and open to the fewest objections, since it is the one most in harmony with human nature. (60) In a democracy (the most natural form of government, as we have shown in Chapter XVI.) everyone submits to the control of authority over his actions, but not over his judgment and reason; that is, seeing that all cannot think alike, the voice of the majority has the force of law, subject to repeal if circumstances bring about a change of opinion. (61) In proportion as the power of free judgment is withheld we depart from the natural condition of mankind, and consequently the government becomes more tyrannical.
[20:4] (62) In order to prove that from such freedom no inconvenience arises, which cannot easily be checked by the exercise of the sovereign power, and that men's actions can easily be kept in bounds, though their opinions be at open variance, it will be well to cite an example. (63) Such an one is not very, far to seek. (64) The city of Amsterdam reaps the fruit of this freedom in its own great prosperity and in the admiration of all other people. (65) For in this most flourishing state, and most splendid city, men of every, nation and religion live together in the greatest harmony, and ask no questions before trusting their goods to a fellow- citizen, save whether he be rich or poor, and whether he generally acts honestly, or the reverse. (66) His religion and sect is considered of no importance: for it has no effect before the judges in gaining or losing a cause, and there is no sect so despised that its followers, provided that they harm no one, pay every man his due, and live uprightly, are deprived of the protection of the magisterial authority.
(20:67) On the other hand, when the religious controversy between Remonstrants and Counter-Remonstrants began to be taken up by politicians and the States, it grew into a schism, and abundantly showed that laws dealing with religion and seeking to settle its controversies are much more calculated to irritate than to reform, and that they give rise to extreme licence: further, it was seen that schisms do not originate in a love of truth, which is a source of courtesy and gentleness, but rather in an inordinate desire for supremacy, (68) From all these considerations it is clearer than the sun at noonday, that the true schismatics are those who condemn other men's writings, and seditiously stir up the quarrelsome masses against their authors, rather than those authors themselves, who generally write only for the learned, and appeal solely to reason. (69) In fact, the real disturbers of the peace are those who, in a free state, seek to curtail the liberty of judgment which they are unable to tyrannize over.
(20:70) I have thus shown:-
(71) I. That it is impossible to deprive men of the liberty of saying what they think.
(72) II. That such liberty can be conceded to every man without injury to the rights and authority of the sovereign power, and that every man may retain it without injury to such rights, provided that he does not presume upon it to the extent of introducing any new rights into the state, or acting in any way contrary, to the existing laws.
(20:73) III. That every man may enjoy this liberty without detriment to the public peace, and that no inconveniences arise therefrom which cannot easily be checked.
(74) IV. That every man may enjoy it without injury to his allegiance.
(75) V. That laws dealing with speculative problems are entirely useless.
(76) VI. Lastly, that not only may such liberty be granted without prejudice to the public peace, to loyalty, and to the rights of rulers, but that it is even necessary, for their preservation. (77) For when people try to take it away, and bring to trial, not only the acts which alone are capable of offending, but also the opinions of mankind, they only succeed in surrounding their victims with an appearance of martyrdom, and raise feelings of pity and revenge rather than of terror. (78) Uprightness and good faith are thus corrupted, flatterers and traitors are encouraged, and sectarians triumph, inasmuch as concessions have been made to their animosity, and they have gained the state sanction for the doctrines of which they are the interpreters. (79) Hence they arrogate to themselves the state authority and rights, and do not scruple to assert that they have been directly chosen by God, and that their laws are Divine, whereas the laws of the state are human, and should therefore yield obedience to the laws of God - in other words, to their own laws. (80) Everyone must see that this is not a state of affairs conducive to public welfare. (81) Wherefore, as we have shown in Chapter XVIII., the safest way for a state is to lay down the rule that religion is comprised solely in the exercise of charity and justice, and that the rights of rulers in sacred, no less than in secular matters, should merely have to do with actions, but that every man should think what he likes and say what he thinks.
(20:82) I have thus fulfilled the task I set myself in this treatise. [20:5] (83) It remains only to call attention to the fact that I have written nothing which I do not most willingly submit to the examination and approval of my country's rulers; and that I am willing to retract anything which they shall decide to be repugnant to the laws, or prejudicial to the public good. (84) I know that I am a man, and as a man liable to error, but against error I have taken scrupulous care, and have striven to keep in entire accordance with the laws of my country, with loyalty, and with morality.
End of Part 4 of 4.
AUTHOR'S ENDNOTES TO THE THEOLOGICO-POLITICAL TREATISE
[Endnote 26]. (1) "No one can honestly promise to forego the right which he has over all things." (2) In the state of social life, where general right determines what is good or evil, stratagem is rightly distinguished as of two kinds, good and evil. (3) But in the state of Nature, where every man is his own judge, possessing the absolute right to lay down laws for himself, to interpret them as he pleases, or to abrogate them if he thinks it convenient, it is not conceivable that stratagem should be evil.
[Endnote 27]. (1) "Every member of it may, if he will, be free." (2) Whatever be the social state a man finds; himself in, he may be free. (3) For certainly a man is free, in so far as he is led by reason. (4) Now reason (though Hobbes thinks otherwise) is always on the side of peace, which cannot be attained unless the general laws of the state be respected. (5) Therefore the more he is free, the more constantly will he respect the laws of his country, and obey the commands of the sovereign power to which he is subject.
[Endnote 28]. (1) "No one knows by nature that he owes any obedience to God." (2) When Paul says that men have in themselves no refuge, he speaks as a man: for in the ninth chapter of the same epistle he expressly teaches that God has mercy on whom He will, and that men are without excuse, only because they are in God's power like clay in the hands of a potter, who out of the same lump makes vessels, some for honour and some for dishonour, not because they have been forewarned. (3) As regards the Divine natural law whereof the chief commandment is, as we have said, to love God, I have called it a law in the same sense, as philosophers style laws those general rules of nature, according to which everything happens. (4) For the love of God is not a state of obedience: it is a virtue which necessarily exists in a man who knows God rightly. (5) Obedience has regard to the will of a ruler, not to necessity and truth. (6) Now as we are ignorant of the nature of God's will, and on the other hand know that everything happens solely by God's power, we cannot, except through revelation, know whether God wishes in any way to be honoured as a sovereign.
(7) Again; we have shown that the Divine rights appear to us in the light of rights or commands, only so long as we are ignorant of their cause: as soon as their cause is known, they cease to be rights, and we embrace them no longer as rights but as eternal truths; in other words, obedience passes into love of God, which emanates from true knowledge as necessarily as light emanates from the sun. (8) Reason then leads us to love God, but cannot lead us to obey Him; for we cannot embrace the commands of God as Divine, while we are in ignorance of their cause, neither can we rationally conceive God as a sovereign laying down laws as a sovereign.
CHAPTER XVII. [Endnote 29]. (1) "If men could lose their natural rights so as to be absolutely unable for the future to oppose the will of the sovereign" (2) Two common soldiers undertook to change the Roman dominion, and did change it. (Tacitus, Hist. i:7.)
[Endnote 30]. (1) See Numbers xi. 28. In this passage it is written that two men prophesied in the camp, and that Joshua wished to punish them. (2) This he would not have done, if it had been lawful for anyone to deliver the Divine oracles to the people without the consent of Moses. (3) But Moses thought good to pardon the two men, and rebuked Joshua for exhorting him to use his royal prerogative, at a time when he was so weary of reigning, that he preferred death to holding undivided sway (Numb. xi:14). (4) For he made answer to Joshua, "Enviest thou for my sake? (5) Would God that all the Lord's people were prophets, and that the Lord would put His spirit upon them." (6) That is to say, would God that the right of taking counsel of God were general, and the power were in the hands of the people. (7) Thus Joshua was not mistaken as to the right, but only as to the time for using it, for which he was rebuked by Moses, in the same way as Abishai was rebuked by David for counselling that Shimei, who had undoubtedly been guilty of treason, should be put to death. (8) See 2 Sam. xix:22, 23.
[Endnote 31]. (1) See Numbers xxvii:21. (2) The translators of the Bible have rendered incorrectly verses 19 and 23 of this chapter. (3) The passage does not mean that Moses gave precepts or advice to Joshua, but that he made or established him chief of the Hebrews. (4) The phrase is very freguent in Scripture (see Exodus, xviii:23; 1 Sam. xiii:15; Joshua i:9; 1 Sam. xxv:80).
[Endnote 32] (1) "There was no judge over each of the captains save God." (2) The Rabbis and some Christians equally foolish pretend that the Sanhedrin, called "the great" was instituted by Moses. (3) As a matter of fact, Moses chose seventy colleagues to assist him in governing, because he was not able to bear alone the burden of the whole people; but he never passed any law for forming a college of seventy members; on the contrary he ordered every tribe to appoint for itself, in the cities which God had given it, judges to settle disputes according to the laws which he himself had laid down. (4) In cases where the opinions of the judges differed as to the interpretation of these laws, Moses bade them take counsel of the High Priest (who was the chief interpreter of the law), or of the chief judge, to whom they were then subordinate (who had the right of consulting the High Priest), and to decide the dispute in accordance with the answer obtained. (5) If any subordinate judge should assert, that he was not bound by the decision of the High Priest, received either directly or through the chief of his state, such an one was to be put to death (Deut. xvii:9) by the chief judge, whoever he might be, to whom he was a subordinate. (6) This chief judge would either be Joshua, the supreme captain of the whole people, or one of the tribal chiefs who had been entrusted, after the division of the tribes, with the right of consulting the high priest concerning the affairs of his tribe, of deciding on peace or war, of fortifying towns, of appointing inferior judges, &c. (7) Or, again, it might be the king, in whom all or some of the tribes had vested their rights.(8) I could cite many instances in confirmation of what I here advance. (9) I will confine myself to one, which appears to me the most important of all. (10) When the Shilomitish prophet anointed Jeroboam king, he, in so doing, gave him the right of consulting the high priest, of appointing judges, &c. (11) In fact he endowed him with all the rights over the ten tribes, which Rehoboam retained over the two tribes. (12) Consequently Jeroboam could set up a supreme council in his court with as much right as Jehoshaphat could at Jerusalem (2 Chron. xix:8). (13) For it is plain that neither Jeroboam, who was king by God's command, nor Jeroboam's subjects, were bound by the Law of Moses to accept the judgments of Rehoboam, who was not their king. (14) Still less were they under the jurisdiction of the judge, whom Rehoboam had set up in Jerusalem as subordinate to himself. (15) According, therefore, as the Hebrew dominion was divided, so was a supreme council setup in each division. (16) Those who neglect the variations in the constitution of the Hebrew States, and confuse them all together in one, fall into numerous difficulties.
CHAPTER XIX. [Endnote 33]. (1) I must here bespeak special attention for what was said in Chap. XVI. concerning rights.
End of Part IV Endnotes.