As, then, each man's faith must be judged pious or impious only in respect of its producing obedience or obstinacy, and not in respect of its truth; and as no one will dispute that men's dispositions are exceedingly varied, that all do not acquiesce in the same things, but are ruled some by one opinion some by another, so that what moves one to devotion moves another to laughter and contempt, it follows that there can be no doctrines in the Catholic, or universal, religion, which can give rise to controversy among good men. Such doctrines might be pious to some and impious to others, whereas they should be judged solely by their fruits. To the universal religion, then, belong only such dogmas as are absolutely required in order to attain obedience to God, and without which such obedience would be impossible; as for the rest, each man-seeing that he is the best judge of his own character-should adopt whatever he thinks best adapted to strengthen his love of justice. If this were so, I think there would be no further occasion for controversies in the Church.
Early modern rationalismHebrew / Jewish
Theologico-Political Treatise
I have now no further fear in enumerating the dogmas of universal faith or the fundamental dogmas of the whole of Scripture, inasmuch as they all tend (as may be seen from what has been said) to this one doctrine, namely, that there exists a God, that is, a Supreme Being, Who loves justice and charity, and Who must be obeyed by whosoever would be saved; that the worship of this Being consists in the practice of justice and love towards one's neighbour, and that they contain nothing beyond the following doctrines:- I. That God or a Supreme Being exists, sovereignly just and merciful, the Exemplar of the true life; that whosoever is ignorant of or disbelieves in His existence cannot obey Him or know Him as a Judge. II. That He is One. Nobody will dispute that this doctrine is absolutely necessary for entire devotion, admiration, and love towards God. For devotion, admiration, and love spring from the superiority of one over all else. III. That He is omnipresent, or that all things are open to Him, for if anything could be supposed to be concealed from Him, or to be unnoticed by, Him, we might doubt or be ignorant of the equity of His judgment as directing all things.
IV. That He has supreme right and dominion over all things, and that He does nothing under compulsion, but by His absolute fiat and grace. All things are bound to obey Him, He is not bound to obey any. V. That the worship of God consists only in justice and charity, or love towards one's neighbour. VI. That all those, and those only, who obey God by their manner of life are saved; the rest of mankind, who live under the sway of their pleasures, are lost. If we did not believe this, there would be no reason for obeying God rather than pleasure. VII. Lastly, that God forgives the sins of those who repent. No one is free from sin, so that without this belief all would despair of salvation, and there would be no reason for believing in the mercy of God. He who firmly believes that God, out of the mercy and grace with which He directs all things, forgives the sins of men, and who feels his love of God kindled thereby, he, I say, does really know Christ according to the Spirit, and Christ is in him.
No one can deny that all these doctrines are before all things necessary to be believed, in order that every man, without exception, may be able to obey God according to the bidding of the Law above explained, for if one of these precepts be disregarded obedience is destroyed. But as to what God, or the Exemplar of the true life, may be, whether fire, or spirit, or light, or thought, or what not, this, I say, has nothing to do with faith any more than has the question how He comes to be the Exemplar of the true life, whether it be because He has a just and merciful mind, or because all things exist and act through Him, and consequently that we understand through Him, and through Him see what is truly just and good. Everyone may think on such questions as he likes.
Furthermore, faith is not affected, whether we hold that God is omnipresent essentially or potentially; that He directs all things by absolute fiat, or by the necessity of His nature; that He dictates laws like a prince, or that He sets them forth as eternal truths; that man obeys Him by virtue of free will, or by virtue of the necessity of the Divine decree; lastly, that the reward of the good and the punishment of the wicked is natural or supernatural: these and such like questions have no bearing on faith, except in so far as they are used as means to give us license to sin more, or to obey God less. I will go further, and maintain that every man is bound to adapt these dogmas to his own way of thinking, and to interpret them according as he feels that he can give them his fullest and most unhesitating assent, so that he may the more easily obey God with his whole heart.
Such was the manner, as we have already pointed out, in which the faith was in old time revealed and written, in accordance with the understanding and opinions of the prophets and people of the period; so, in like fashion, every man is bound to adapt it to his own opinions, so that he may accept it without any hesitation or mental repugnance. We have shown that faith does not so much require truth as piety, and that it is only quickening and pious through obedience, consequently no one is faithful save by obedience alone. The best faith is not necessarily possessed by him who displays the best reasons, but by him who displays the best fruits of justice and charity. How salutary and necessary this doctrine is for a state, in order that men may dwell together in peace and concord; and how many and how great causes of disturbance and crime are thereby cut off, I leave everyone to judge for himself!
Before we go further, I may remark that we can, by means of what we have just proved, easily answer the objections raised in Chap. I., when we were discussing God's speaking with the Israelites on Mount Sinai. For, though the voice heard by the Israelites could not give those men any philosophical or mathematical certitude of God's existence, it was yet sufficient to thrill them with admiration for God, as they already knew Him, and to stir them up to obedience: and such was the object of the display. God did not wish to teach the Israelites the absolute attributes of His essence (none of which He then revealed), but to break down their hardness of heart, and to draw them to obedience: therefore He did not appeal to them with reasons, but with the sound of trumpets, thunder, and lightnings. It remains for me to show that between faith or theology, and philosophy, there is no connection, nor affinity. I think no one will dispute the fact who has knowledge of the aim and foundations of the two subjects, for they are as wide apart as the poles.
Philosophy has no end in view save truth: faith, as we have abundantly proved, looks for nothing but obedience and piety. Again, philosophy is based on axioms which must be sought from nature alone: faith is based on history and language, and must be sought for only in Scripture and revelation, as we showed in Chap. VII. Faith, therefore, allows the greatest latitude in philosophic speculation, allowing us without blame to think what we like about anything, and only condemning, as heretics and schismatics, those who teach opinions which tend to produce obstinacy, hatred, strife, and anger; while, on the other hand, only considering as faithful those who persuade us, as far as their reason and faculties will permit, to follow justice and charity. Lastly, as what we are now setting forth are the most important subjects of my treatise, I would most urgently beg the reader, before I proceed, to read these two chapters with especial attention, and to take the trouble to weigh them well in his mind: let him take for granted that I have not written with a view to introducing novelties, but in order to do away with abuses, such as I hope I may, at some future time, at last see reformed.
NOR REASON TO THEOLOGY: A DEFINITION OF THE REASON WHICH ENABLES US TO ACCEPT THE AUTHORITY OF THE BIBLE. Those who know not that philosophy and reason are distinct, dispute whether Scripture should be made subservient to reason, or reason to Scripture: that is, whether the meaning of Scripture should be made to agreed with reason; or whether reason should be made to agree with Scripture: the latter position is assumed by the sceptics who deny the certitude of reason, the former by the dogmatists. Both parties are, as I have shown, utterly in the wrong, for either doctrine would require us to tamper with reason or with Scripture.
We have shown that Scripture does not teach philosophy, but merely obedience, and that all it contains has been adapted to the understanding and established opinions of the multitude. Those, therefore, who wish to adapt it to philosophy, must needs ascribe to the prophets many ideas which they never even dreamed of, and give an extremely forced interpretation to their words: those on the other hand, who would make reason and philosophy subservient to theology, will be forced to accept as Divine utterances the prejudices of the ancient Jews, and to fill and confuse their mind therewith. In short, one party will run wild with the aid of reason, and the other will run wild without the aid of reason.
The first among the Pharisees who openly maintained that Scripture should be made to agree with reason, was Maimonides, whose opinion we reviewed, and abundantly refuted in Chap. VIII.: now, although this writer had much authority among his contemporaries, he was deserted on this question by almost all, and the majority went straight over to the opinion of a certain R. Jehuda Alpakhar, who, in his anxiety to avoid the error of Maimonides, fell into another, which was its exact contrary. He held that reason should be made subservient, and entirely give way to Scripture. He thought that a passage should not be interpreted metaphorically, simply because it was repugnant to reason, but only in the cases when it is inconsistent with Scripture itself - that is, with its clear doctrines. Therefore he laid down the universal rule, that whatsoever Scripture teaches dogmatically, and affirms expressly, must on its own sole authority be admitted as absolutely true: that there is no doctrine in the Bible which directly contradicts the general tenour of the whole: but only some which appear to involve a difference, for the phrases of Scripture often seem to imply something contrary to what has been expressly taught. Such phrases, and such phrases only, we may interpret metaphorically.
For instance, Scripture clearly teaches the unity of God (see Deut. vi:4), nor is there any text distinctly asserting a plurality of gods; but in several passages God speaks of Himself, and the prophets speak of Him, in the plural number; such phrases are simply a manner of speaking, and do not mean that there actually are several gods: they are to be explained metaphorically, not because a plurality of gods is repugnant to reason, but because Scripture distinctly asserts that there is only one.
So, again, as Scripture asserts (as Alpakhar thinks) in Deut. iv:15, that God is incorporeal, we are bound, solely by the authority of this text, and not by reason, to believe that God has no body: consequently we must explain metaphorically, on the sole authority of Scripture, all those passages which attribute to God hands, feet, &c., and take them merely as figures of speech. Such is the opinion of Alpakhar. In so far as he seeks to explain Scripture by Scripture, I praise him, but I marvel that a man gifted with reason should wish to debase that faculty. It is true that Scripture should be explained by Scripture, so long as we are in difficulties about the meaning and intention of the prophets, but when we have elicited the true meaning, we must of necessity make use of our judgment and reason in order to assent thereto. If reason, however, much as she rebels, is to be entirely subjected to Scripture, I ask, are we to effect her submission by her own aid, or without her, and blindly? If the latter, we shall surely act foolishly and injudiciously; if the former, we assent to Scripture under the dominion of reason, and should not assent to it without her. Moreover, I may ask now, is a man to assent to anything against his reason? What is denial if it be not reason's refusal to assent? In short, I am astonished that anyone should wish to subject reason, the greatest of gifts and a light from on high, to the dead letter which may have been corrupted by human malice;
that it should be thought no crime to speak with contempt of mind, the true handwriting of God's Word, calling it corrupt, blind, and lost, while it is considered the greatest of crimes to say the same of the letter, which is merely the reflection and image of God's Word. Men think it pious to trust nothing to reason and their own judgment, and impious to doubt the faith of those who have transmitted to us the sacred books. Such conduct is not piety, but mere folly. And, after all, why are they so anxious? What are they afraid of? Do they think that faith and religion cannot be upheld unless men purposely keep themselves in ignorance, and turn their backs on reason? If this be so, they have but a timid trust in Scripture.
However, be it far from me to say that religion should seek to enslave reason, or reason religion, or that both should not be able to keep their sovereignity in perfect harmony. I will revert to this question presently, for I wish now to discuss Alpakhar's rule. He requires, as we have stated, that we should accept as true, or reject as false, everything asserted or denied by Scripture, and he further states that Scripture never expressly asserts or denies anything which contradicts its assertions or negations elsewhere. The rashness of such a requirement and statement can escape no one. For (passing over the fact that he does not notice that Scripture consists of different books, written at different times, for different people, by different authors: and also that his requirement is made on his own authority without any corroboration from reason or Scripture) he would be bound to show that all passages which are indirectly contradictory of the rest, can be satisfactorily explained metaphorically through the nature of the language and the context: further, that Scripture has come down to us untampered with. However, we will go into the matter at length.
Firstly, I ask what shall we do if reason prove recalcitrant? Shall we still be bound to affirm whatever Scripture affirms, and to deny whatever Scripture denies? Perhaps it will be answered that Scripture contains nothing repugnant to reason. But I insist that it expressly affirms and teaches that God is jealous (namely, in the decalogue itself, and in Exod. xxxiv:14, and in Deut. iv:24, and in many other places), and I assert that such a doctrine is repugnant to reason. It must, I suppose, in spite of all, be accepted as true. If there are any passages in Scripture which imply that God is not jealous, they must be taken metaphorically as meaning nothing of the kind. So, also, Scripture expressly states (Exod. xix:20, &c.) that God came down to Mount Sinai, and it attributes to Him other movements from place to place, nowhere directly stating that God does not so move. Wherefore, we must take the passage literally, and Solomon's words (I Kings viii:27), "But will God dwell on the earth? Behold the heavens and earth cannot contain thee," inasmuch as they do not expressly state that God does not move from place to place, but only imply it, must be explained away till they have no further semblance of denying locomotion to the Deity. So also we must believe that the sky is the habitation and throne of God, for Scripture expressly says so; and similarly many passages expressing the opinions of the prophets or the multitude, which reason and philosophy, but not Scripture, tell us to be false, must be taken as true if we are to follow the guidance of our author, for according to him, reason has nothing to do with the matter.
Further, it is untrue that Scripture never contradicts itself directly, but only by implication. For Moses says, in so many words (Deut. iv:24), "The Lord thy God is a consuming fire," and elsewhere expressly denies that God has any likeness to visible things. (Deut. iv. 12.) If it be decided that the latter passage only contradicts the former by implication, and must be adapted thereto, lest it seem to negative it, let us grant that God is a fire; or rather, lest we should seem to have taken leave of our senses, let us pass the matter over and take another example.
Samuel expressly denies that God ever repents, "for he is not a man that he should repent" (I Sam. xv:29). Jeremiah, on the other hand, asserts that God does repent, both of the evil and of the good which He had intended to do (Jer. xviii:8-10). What? Are not these two texts directly contradictory? Which of the two, then, would our author want to explain metaphorically? Both statements are general, and each is the opposite of the other - what one flatly affirms, the other flatly, denies. So, by his own rule, he would be obliged at once to reject them as false, and to accept them as true.
Again, what is the point of one passage, not being contradicted by another directly, but only by implication, if the implication is clear, and the nature and context of the passage preclude metaphorical interpretation? There are many such instances in the Bible, as we saw in Chap. II. (where we pointed out that the prophets held different and contradictory opinions), and also in Chaps. IX. and X., where we drew attention to the contradictions in the historical narratives. There is no need for me to go through them all again, for what I have said sufficiently exposes the absurdities which would follow from an opinion and rule such as we are discussing, and shows the hastiness of its propounder. We may, therefore, put this theory, as well as that of Maimonides, entirely out of court; and we may take it for indisputable that theology is not bound to serve reason, nor reason theology, but that each has her own domain.
The sphere of reason is, as we have said, truth and wisdom; the sphere of theology, is piety and obedience. The power of reason does not extend so far as to determine for us that men may be blessed through simple obedience, without understanding. Theology, tells us nothing else, enjoins on us no command save obedience, and has neither the will nor the power to oppose reason: she defines the dogmas of faith (as we pointed out in the last chapter) only in so far as they may be necessary for obedience, and leaves reason to determine their precise truth: for reason is the light of the mind, and without her all things are dreams and phantoms.
By theology, I here mean, strictly speaking, revelation, in so far as it indicates the object aimed at by Scripture namely, the scheme and manner of obedience, or the true dogmas of piety and faith. This may truly be called the Word of God, which does not consist in a certain number of books (see Chap. XII.). Theology thus understood, if we regard its precepts or rules of life, will be found in accordance with reason; and, if we look to its aim and object, will be seen to be in nowise repugnant thereto, wherefore it is universal to all men. As for its bearing on Scripture, we have shown in Chap. VII. that the meaning of Scripture should be gathered from its own history, and not from the history of nature in general, which is the basis of philosophy.
We ought not to be hindered if we find that our investigation of the meaning of Scripture thus conducted shows us that it is here and there repugnant to reason; for whatever we may find of this sort in the Bible, which men may be in ignorance of, without injury to their charity, has, we may be sure, no bearing on theology or the Word of God, and may, therefore, without blame, be viewed by every one as he pleases. To sum up, we may draw the absolute conclusion that the Bible must not be accommodated to reason, nor reason to the Bible.
Now, inasmuch as the basis of theology - the doctrine that man may be saved by obedience alone - cannot be proved by reason whether it be true or false, we may be asked, Why, then, should we believe it? If we do so without the aid of reason, we accept it blindly, and act foolishly and injudiciously; if, on the other hand, we settle that it can be proved by reason, theology becomes a part of philosophy, and inseparable therefrom. But I make answer that I have absolutely established that this basis of theology cannot be investigated by the natural light of reason, or, at any rate, that no one ever has proved it by such means, and, therefore, revelation was necessary. We should, however, make use of our reason, in order to grasp with moral certainty what is revealed - I say, with moral certainty, for we cannot hope to attain greater certainty than the prophets: yet their certainty was only, moral, as I showed in Chap. II.
Those, therefore, who attempt to set forth the authority of Scripture with mathematical demonstrations are wholly in error: for the authority of the Bible is dependent on the authority of the prophets, and can be supported by no stronger arguments than those employed in old time by the prophets for convincing the people of their own authority. Our certainty on the same subject can be founded on no other basis than that which served as foundation for the certainty of the prophets. Now the certainty of the prophets consisted (as we pointed out) in these elements:- (I.) A distinct and vivid imagination. (II.) A sign. (III.) Lastly, and chiefly, a mind turned to what is just and good. It was based on no other reasons than these, and consequently they cannot prove their authority by any other reasons, either to the multitude whom they addressed orally, nor to us whom they address in writing.
The first of these reasons, namely, the vivid imagination, could be valid only for the prophets; therefore, our certainty concerning revelation must, and ought to be, based on the remaining two - namely, the sign and the teaching. Such is the express doctrine of Moses, for (in Deut. xviii.) he bids the people obey the prophet who should give a true sign in the name of the Lord, but if he should predict falsely, even though it were in the name of the Lord, he should be put to death, as should also he who strives to lead away the people from the true religion, though he confirm his authority with signs and portents. We may compare with the above Deut. xiii. Whence it follows that a true prophet could be distinguished from a false one, both by his doctrine and by the miracles he wrought, for Moses declares such an one to be a true prophet, and bids the people trust him without fear of deceit. He condemns as false, and worthy of death, those who predict anything falsely even in the name of the Lord, or who preach false gods, even though their miracles be real.
The only reason, then, which we have for belief in Scripture or the writings of the prophets, is the doctrine we find therein, and the signs by which it is confirmed. For as we see that the prophets extol charity and justice above all things, and have no other object, we conclude that they did not write from unworthy motives, but because they really thought that men might become blessed through obedience and faith: further, as we see that they confirmed their teaching with signs and wonders, we become persuaded that they did not speak at random, nor run riot in their prophecies. We are further strengthened in our conclusion by the fact that the morality they teach is in evident agreement with reason, for it is no accidental coincidence that the Word of God which we find in the prophets coincides with the Word of God written in our hearts. We may, I say, conclude this from the sacred books as certainly as did the Jews of old from the living voice of the prophets: for we showed in Chap. XII. that Scripture has come down to us intact in respect to its doctrine and main narratives.
Therefore this whole basis of theology and Scripture, though it does not admit of mathematical proof, may yet be accepted with the approval of our judgment. It would be folly to refuse to accept what is confirmed by such ample prophetic testimony, and what has proved such a comfort to those whose reason is comparatively weak, and such a benefit to the state; a doctrine, moreover, which we may believe in without the slightest peril or hurt, and should reject simply because it cannot be mathematically proved: it is as though we should admit nothing as true, or as a wise rule of life, which could ever, in any possible way, be called in question; or as though most of our actions were not full of uncertainty and hazards.
I admit that those who believe that theology and philosophy are mutually contradictory, and that therefore either one or the other must be thrust from its throne - I admit, I say, that such persons are not unreasonable in attempting to put theology on a firm basis, and to demonstrate its truth mathematically. Who, unless he were desperate or mad, would wish to bid an incontinent farewell to reason, or to despise the arts and sciences, or to deny reason's certitude? But, in the meanwhile, we cannot wholly absolve them from blame, inasmuch as they invoke the aid of reason for her own defeat, and attempt infallibly to prove her fallible. While they are trying to prove mathematically the authority and truth of theology, and to take away the authority of natural reason, they are in reality only bringing theology under reason's dominion, and proving that her authority has no weight unless natural reason be at the back of it.
If they boast that they themselves assent because of the inward testimony of the Holy Spirit, and that they only invoke the aid of reason because of unbelievers, in order to convince them, not even so can this meet with our approval, for we can easily show that they have spoken either from emotion or vain-glory. It most clearly follows from the last chapter that the Holy Spirit only gives its testimony in favour of works, called by Paul (in Gal. v:22) the fruits of the Spirit, and is in itself really nothing but the mental acquiescence which follows a good action in our souls. No spirit gives testimony concerning the certitude of matters within the sphere of speculation, save only reason, who is mistress, as we have shown, of the whole realm of truth. If then they assert that they possess this Spirit which makes them certain of truth, they speak falsely, and according to the prejudices of the emotions, or else they are in great dread lest they should be vanquished by philosophers and exposed to public ridicule, and therefore they flee, as it were, to the altar; but their refuge is vain, for what altar will shelter a man who has outraged reason? However, I pass such persons over, for I think I have fulfilled my purpose, and shown how philosophy should be separated from theology, and wherein each consists; that neither should be subservient to the other, but that each should keep her unopposed dominion.
Lastly, as occasion offered, I have pointed out the absurdities, the inconveniences, and the evils following from the extraordinary confusion which has hitherto prevailed between the two subjects, owing to their not being properly distinguished and separated. Before I go further I would expressly state (though I have said it before) that I consider the utility and the need for Holy Scripture or Revelation to be very great. For as we cannot perceive by the natural light of reason that simple obedience is the path of salvation [Endnote 25], and are taught by revelation only that it is so by the special grace of God, which our reason cannot attain, it follows that the Bible has brought a very great consolation to mankind. All are able to obey, whereas there are but very few, compared with the aggregate of humanity, who can acquire the habit of virtue under the unaided guidance of reason. Thus if we had not the testimony of Scripture, we should doubt of the salvation of nearly all men.
End of Part 3 - Chapters XI to XV.
NATURAL AND CIVIL RIGHTS OF INDIVIDUALS; AND OF THE RIGHTS OF THE SOVEREIGN POWER. Hitherto our care has been to separate philosophy from theology, and to show the freedom of thought which such separation insures to both. It is now time to determine the limits to which such freedom of thought and discussion may extend itself in the ideal state. 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.
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. 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. 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. 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. 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. 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.
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. 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.
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. 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.
The natural right of the individual man is thus determined, not by sound reason, but by desire and power. 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. Nevertheless, they are in the meanwhile bound to live and preserve themselves as far as they can by the unaided impulses of desire. 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.
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. 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.
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. 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.
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. 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. 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. 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.
How such a compact as this should be entered into, how ratified and established, we will now inquire. 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. That is, everyone will, of two goods, choose that which he thinks the greatest; and, of two evils, that which he thinks the least. I say advisedly that which he thinks the greatest or the least, for it does not necessarily follow that he judges right. This law is so deeply implanted in the human mind that it ought to be counted among eternal truths and axioms.
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. An example will make the matter clearer. Suppose that a robber forces me to promise that I will give him my goods at his will and pleasure. 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. 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. 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.
We may, therefore, conclude that a compact is only made valid by its utility, without which it becomes null and void. 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. This consideration should have very great weight in forming a state. 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. 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. 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. 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.
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.
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. 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. 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. 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. For reason bids us choose the least of two evils.
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. 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." No one can long retain a tyrant's sway. 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.
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. 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.
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. 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. 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. 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.
We must, therefore, acknowledge a great difference between a slave, a son, and a subject; their positions may be thus defined. 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. 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. 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. 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.
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. 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. I need add no more. 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.
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. 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.
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. It can only arise, therefore, between private persons, who are bound by law and right not to injure one another. 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. 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.
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. 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. 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. 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? 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. 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. 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.
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. 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.
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. 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. 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. 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. 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 sovereign’s right, and would be rightly punished for treason.
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. 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.
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. 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. Therefore, previous to revelation, no one is bound by a Divine law and right of which he is necessarily in ignorance. 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. 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. 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.
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. However, I will treat of these matters more at length presently. 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.
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. 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. 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. Even then he does not recognize a man, but God Himself as His judge.
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. 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. 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.
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? 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. No one would consider himself bound to obey laws framed against his faith or superstition; and on this pretext he might assume unbounded license. 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.
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. 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. 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. 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. Instances are occurring every day in confirmation of what I here advance. 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. We may see this exemplified in the Dutch treaty with the Japanese, which I have already mentioned.
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.
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. 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. 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. 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. 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.
We must, therefore, grant that every man retains some part of his right, in dependence on his own decision, and no one else's. 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.
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. 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. 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.
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. 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. 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.
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. This, I think, I have already shown clearly enough. 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.
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. All, both rulers and ruled, are men, and prone to follow after their lusts. 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. 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.
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. 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. 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. (See Tacitus, Hist. bk. iv. for a description of the pitiable state of the city.)
Alexander thought prestige abroad more easy to acquire than prestige at home, and believed that his greatness could be destroyed by his own followers. 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. 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. 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.)
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. Thus Augustus persuaded the Romans that he was descended from Æneas, who was the son of Venus, and numbered among the gods. "He wished himself to be worshipped in temples, like the gods, with flamens and priests." (Tacitus, Ann. i. 10.)
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. Am I responsible for the answers of the gods? It offered me the name of son; acquiescence was by no means foreign to my present designs. Would that the Indians also would believe me to be a god! Wars are carried through by prestige, falsehoods that are believed often gain the force of truth." (Curtius, viii,. Para. 8.) 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.
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). 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. 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. 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.
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. 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. 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. 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. 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. 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). 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.
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. Thus in the Hebrew state the civil and religious authority, each consisting solely of obedience to God, were one and the same. 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. 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. For this reason the government could be called a Theocracy, inasmuch as the citizens were not bound by anything save the revelations of God.
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.
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. 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. 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."
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). 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. 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]. 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. 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. A difference which increases, rather than diminishes the monarch's authority. 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. 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. 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].
In order that the question may be thoroughly understood, I will duly set forth the administration of the whole state. First, the people were commanded to build a tabernacle, which should be, as it were, the dwelling of God - that is, of the sovereign authority of the state. This tabernacle was to be erected at the cost of the whole people, not of one man, in order that the place where God was consulted might be public property. The Levites were chosen as courtiers and administrators of this royal abode; while Aaron, the brother of Moses, was chosen to be their chief and second, as it were, to God their King, being succeeded in the office by his legitimate sons.
He, as the nearest to God, was the sovereign interpreter of the Divine laws; he communicated the answers of the Divine oracle to the people, and entreated God's favour for them. If, in addition to these privileges, he had possessed the right of ruling, he would have been neither more nor less than an absolute monarch; but, in respect to government, he was only a private citizen: the whole tribe of Levi was so completely divested of governing rights that it did not even take its share with the others in the partition of territory. Moses provided for its support by inspiring the common people with great reverence for it, as the only tribe dedicated to God.
Further, the army, formed from the remaining twelve tribes, was commanded to invade the land of Canaan, to divide it into twelve portions, and to distribute it among the tribes by lot. For this task twelve captains were chosen, one from every tribe, and were, together with Joshua and Eleazar, the high priest, empowered to divide the land into twelve equal parts, and distribute it by lot. Joshua was chosen for the chief command of the army, inasmuch as none but he had the right to consult God in emergencies, not like Moses, alone in his tent, or in the tabernacle, but through the high priest, to whom only the answers of God were revealed. Furthermore, he was empowered to execute, and cause the people to obey God's commands, transmitted through the high priests; to find, and to make use of, means for carrying them out; to choose as many army captains as he liked; to make whatever choice he thought best; to send ambassadors in his own name; and, in short, to have the entire control of the war. To his office there was no rightful successor - indeed, the post was only filled by the direct order of the Deity, on occasions of public emergency. In ordinary times, all the management of peace and war was vested in the captains of the tribes, as I will shortly point out. Lastly, all men between the ages of twenty and sixty were ordered to bear arms, and form a citizen army, owing allegiance, not to its general-in-chief, nor to the high priest, but to Religion and to God.
The army, or the hosts, were called the army of God, or the hosts of God. For this reason God was called by the Hebrews the God of Armies; and the ark of the covenant was borne in the midst of the army in important battles, when the safety or destruction of the whole people hung upon the issue, so that the people might, as it were, see their King among them, and put forth all their strength.
From these directions, left by Moses to his successors, we plainly see that he chose administrators, rather than despots, to come after him; for he invested no one with the power of consulting God, where he liked and alone, consequently, no one had the power possessed by himself of ordaining and abrogating laws, of deciding on war or peace, of choosing men to fill offices both religious and secular: all these are the prerogatives of a sovereign. The high priest, indeed, had the right of interpreting laws, and communicating the answers of God, but he could not do so when he liked, as Moses could, but only when he was asked by the general-in-chief of the army, the council, or some similar authority. The general-in-chief and the council could consult God when they liked, but could only receive His answers through the high priest; so that the utterances of God, as reported by the high priest, were not decrees, as they were when reported by Moses, but only answers; they were accepted by Joshua and the council, and only then had the force of commands and decrees.
The high priest, both in the case of Aaron and of his son Eleazar, was chosen by Moses; nor had anyone, after Moses' death, a right to elect to the office, which became hereditary. The general-in-chief of the army was also chosen by Moses, and assumed his functions in virtue of the commands, not of the high priest, but of Moses: indeed, after the death of Joshua, the high priest did not appoint anyone in his place, and the captains did not consult God afresh about a general-in-chief, but each retained Joshua's power in respect to the contingent of his own tribe, and all retained it collectively, in respect to the whole army. There seems to have been no need of a general-in-chief, except when they were obliged to unite their forces against a common enemy. This occurred most frequently during the time of Joshua, when they had no fixed dwelling. place, and possessed all things in common. After all the tribes had gained their territories by right of conquest, and had divided their allotted gains, they, became separated, having no longer their possessions in common, so that the need for a single commander ceased, for the different tribes should be considered rather in the light of confederated states than of bodies of fellow-citizens.
In respect to their God and their religion, they, were fellow-citizens; but, in respect to the rights which one possessed with regard to another, they were only confederated: they, were, in fact, in much the same position (if one excepts the Temple common to all) as the United States of the Netherlands {or United States of America}. The division of property held in common is only another phrase for the possession of his share by each of the owners singly, and the surrender by the others of their rights over such share. This is why Moses elected captains of the tribes - namely, that when the dominion was divided, each might take care of his own part; consulting God through the high priest on the affairs of his tribe, ruling over his army, building and fortifying cities, appointing judges, attacking the enemies of his own dominion, and having complete control over all civil and military affairs. He was not bound to acknowledge any superior judge save God [Endnote 32], or a prophet whom God should expressly send. If he departed from the worship of God, the rest of the tribes did not arraign him as a subject, but attacked him as an enemy. Of this we have examples in Scripture. When Joshua was dead,
the children of Israel (not a fresh general-in-chief) consulted God; it being decided that the tribe of Judah should be the first to attack its enemies, the tribe in question contracted a single alliance with the tribe of Simeon, for uniting their forces, and attacking their common enemy, the rest of the tribes not being included in the alliance (Judges i:1, 2, 3). Each tribe separately made war against its own enemies, and, according to its pleasure, received them as subjects or allies, though it had been commanded not to spare them on any conditions, but to destroy them utterly. Such disobedience met with reproof from the rest of the tribes, but did not cause the offending tribe to be arraigned: it was not considered a sufficient reason for proclaiming a civil war, or interfering in one another's affairs. But when the tribe of Benjamin offended against the others, and so loosened the bonds of peace that none of the confederated tribes could find refuge within its borders, they attacked it as an enemy, and gaining the victory over it after three battles, put to death both guilty and innocent, according to the laws of war: an act which they subsequently bewailed with tardy repentance.
These examples plainly confirm what we have said concerning the rights of each tribe. Perhaps we shall be asked who elected the successors to the captains of each tribe; on this point I can gather no positive information in Scripture, but I conjecture that as the tribes were divided into families, each headed by its senior member, the senior of all these heads of families succeeded by right to the office of captain, for Moses chose from among these seniors his seventy coadjutors, who formed with himself the supreme council. Those who administered the government after the death of Joshua were called elders, and elder is a very common Hebrew expression in the sense of judge, as I suppose everyone knows; however, it is not very important for us to make up our minds on this point. It is enough to have shown that after the death of Moses no one man wielded all the power of a sovereign; as affairs were not all managed by one man, nor by a single council, nor by the popular vote, but partly by one tribe, partly by the rest in equal shares, it is most evident that the government, after the death of Moses, was neither monarchic, nor aristocratic, nor popular, but, as we have said, Theocratic. The reasons for applying this name are:
I. Because the royal seat of government was the Temple, and in respect to it alone, as we have shown, all the tribes were fellow-citizens. II. Because all the people owed allegiance to God, their supreme Judge, to whom only they had promised implicit obedience in all things. III. Because the general-in-chief or dictator, when there was need of such, was elected by none save God alone. This was expressly commanded by Moses in the name of God (Deut. xix:15), and witnessed by the actual choice of Gideon, of Samson, and of Samuel; wherefrom we may conclude that the other faithful leaders were chosen in the same manner, though it is not expressly told us. These preliminaries being stated, it is now time to inquire the effects of forming a dominion on this plan, and to see whether it so effectually kept within bounds both rulers and ruled, that the former were never tyrannical and the latter never rebellious.
Those who administer or possess governing power, always try to surround their high-handed actions with a cloak of legality, and to persuade the people that they act from good motives; this they are easily able to effect when they are the sole interpreters of the law; for it is evident that they are thus able to assume a far greater freedom to carry out their wishes and desires than if the interpretation if the law is vested in someone else, or if the laws were so self-evident that no one could be in doubt as to their meaning. We thus see that the power of evil-doing was greatly curtailed for the Hebrew captains by the fact that the whole interpretation of the law was vested in the Levites (Deut. xxi:5), who, on their part, had no share in the government, and depended for all their support and consideration on a correct interpretation of the laws entrusted to them. Moreover, the whole people was commanded to come together at a certain place every seven years and be instructed in the law by the high-priest; further, each individual was bidden to read the book of the law through and through continually with scrupulous care. (Deut. xxxi:9, 10, and vi:7.)
The captains were thus for their own sakes bound to take great care to administer everything according to the laws laid down, and well known to all, if they wished to be held in high honour by the people, who would regard them as the administrators of God's dominion, and as God's vicegerents; otherwise they could not have escaped all the virulence of theological hatred. There was another very important check on the unbridled license of the captains, in the fact, that the army was formed from the whole body, of the citizens, between the ages of twenty and sixty, without exception, and that the captains were not able to hire any foreign soldiery. This I say was very important, for it is well known that princes can oppress their peoples with the single aid of the soldiery in their pay; while there is nothing more formidable to them than the freedom of citizen soldiers, who have established the freedom and glory of their country, by their valour, their toil, and their blood. Thus Alexander, when he was about to make wax on Darius, a second time, after hearing the advice of Parmenio, did not chide him who gave the advice, but Polysperchon, who was standing by. For, as Curtius says (iv. Para. 13), he did not venture to reproach Parmenio again after having shortly before reproved him too sharply. This freedom of the Macedonians, which he so dreaded, he was not able to subdue till after the number of captives enlisted in the army surpassed that of his own people: then, but not till then, he gave rein to his anger so long checked by the independence of his chief fellow-countrymen.
If this independence of citizen soldiers can restrain the princes of ordinary states who are wont to usurp the whole glory of victories, it must have been still more effectual against the Hebrew captains, whose soldiers were fighting, not for the glory of a prince, but for the glory of God, and who did not go forth to battle till the Divine assent had been given. We must also remember that the Hebrew captains were associated only by the bonds of religion: therefore, if any one of them had transgressed, and begun to violate the Divine right, he might have been treated by the rest as an enemy and lawfully subdued.
An additional check may be found in the fear of a new prophet arising, for if a man of unblemished life could show by certain signs that he was really a prophet, he ipso facto obtained the sovereign right to rule, which was given to him, as to Moses formerly, in the name of God, as revealed to himself alone; not merely through the high priest, as in the case of the captains. There is no doubt that such an one would easily be able to enlist an oppressed people in his cause, and by trifling signs persuade them of anything he wished: on the other hand, if affairs were well ordered, the captain would be able to make provision in time; that the prophet should be submitted to his approval, and be examined whether he were really of unblemished life, and possessed indisputable signs of his mission: also, whether the teaching he proposed to set forth in the name of the Lord agreed with received doctrines, and the general laws of the country; if his credentials were insufficient, or his doctrines new, he could lawfully be put to death, or else received on the captain's sole responsibility and authority.
Again, the captains were not superior to the others in nobility or birth, but only administered the government in virtue of their age and personal qualities. Lastly, neither captains nor army had any reason for preferring war to peace. The army, as we have stated, consisted entirely of citizens, so that affairs were managed by the same persons both in peace and war. The man who was a soldier in the camp was a citizen in the market-place, he who was a leader in the camp was a judge in the law courts, he who was a general in the camp was a ruler in the state. Thus no one could desire war for its own sake, but only for the sake of preserving peace and liberty; possibly the captains avoided change as far as possible, so as not to be obliged to consult the high priest and submit to the indignity of standing in his presence. So much for the precautions for keeping the captains within bounds. We must now look for the restraints upon the people: these, however, are very clearly indicated in the very groundwork of the social fabric.
Anyone who gives the subject the slightest attention, will see that the state was so ordered as to inspire the most ardent patriotism in the hearts of the citizens, so that the latter would be very hard to persuade to betray their country, and be ready to endure anything rather than submit to a foreign yoke. After they had transferred their right to God, they thought that their kingdom belonged to God, and that they themselves were God's children. Other nations they looked upon as God's enemies, and regarded with intense hatred (which they took to be piety, see Psalm cxxxix:21, 22): nothing would have been more abhorrent to them than swearing allegiance to a foreigner, and promising him obedience: nor could they conceive any greater or more execrable crime than the betrayal of their country, the kingdom of the God whom they adored. It was considered wicked for anyone to settle outside of the country, inasmuch as the worship of God by which they were bound could not be carried on elsewhere: their own land alone was considered holy, the rest of the earth unclean and profane.
David, who was forced to live in exile, complained before Saul as follows: "But if they be the children of men who have stirred thee up against me, cursed be they before the Lord; for they have driven me out this day from abiding in the inheritance of the Lord, saying, Go, serve other gods." (I Sam. xxvi:19.) For the same reason no citizen, as we should especially remark, was ever sent into exile: he who sinned was liable to punishment, but not to disgrace.
Thus the love of the Hebrews for their country was not only patriotism, but also piety, and was cherished and nurtured by daily rites till, like their hatred of other nations, it must have passed into their nature. Their daily worship was not only different from that of other nations (as it might well be, considering that they were a peculiar people and entirely apart from the rest), it was absolutely contrary. Such daily reprobation naturally gave rise to a lasting hatred, deeply implanted in the heart: for of all hatreds none is more deep and tenacious than that which springs from extreme devoutness or piety, and is itself cherished as pious. Nor was a general cause lacking for inflaming such hatred more and more, inasmuch as it was reciprocated; the surrounding nations regarding the Jews with a hatred just as intense.
How great was the effect of all these causes, namely, freedom from man's dominion; devotion to their country; absolute rights over all other men; a hatred not only permitted but pious; a contempt for their fellow-men; the singularity of their customs and religious rites; the effect, I repeat, of all these causes in strengthening the hearts of the Jews to bear all things for their country, with extraordinary constancy and valour, will at once be discerned by reason and attested by experience. Never, so long as the city was standing, could they endure to remain under foreign dominion; and therefore they called Jerusalem "a rebellious city" (Ezra iv:12). Their state after its reestablishment (which was a mere shadow of the first, for the high priests had usurped the rights of the tribal captains) was, with great difficulty, destroyed by the Romans, as Tacitus bears witness (Hist. ii:4):- "Vespasian had closed the war against the Jews, abandoning the siege of Jerusalem as an enterprise difficult and arduous rather from the character of the people and the obstinacy of their superstition, than from the strength left to the besieged for meeting their necessities." But besides these characteristics, which are merely ascribed by an individual opinion, there was one feature peculiar to this state and of great importance in retaining the affections of the citizens, and checking all thoughts of desertion, or abandonment of the country: namely, self-interest, the strength and life of all human action.