a theologico-political treatise [part iv]-第4节
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(16:84) I also say; has attempted; for whatever reason; to seize the
sovereign power; and I recognize no difference whether such an attempt
should be followed by public loss or public gain。 (85) Whatever be his
reason for acting; the crime is treason; and he is rightly condemned: in
war; everyone would admit the justice of his sentence。 (86) If a man does
not keep to his post; but approaches the enemy without the knowledge of his
commander; whatever may be his motive; so long as he acts on his own motion;
even if he advances with the design of defeating the enemy; he is rightly
put to death; because he has violated his oath; and infringed the rights of
his commander。 (87) That all citizens are equally bound by these rights in
time of peace; is not so generally recognized; but the reasons for obedience
are in both cases identical。 (88) The state must be preserved and directed
by the sole authority of the sovereign; and such authority and right have
been accorded by universal consent to him alone: if; therefore; anyone else
attempts; without his consent; to execute any public enterprise; even though
the state might (as we said) reap benefit therefrom; such person has none
the less infringed the sovereigns right; and would be rightly punished for
treason。
(16:89) In order that every scruple may be removed; we may now answer the
inquiry; whether our former assertion that everyone who has not the
practice of reason; may; in the state of nature; live by sovereign natural
right; according to the laws of his desires; is not in direct opposition to
the law and right of God as revealed。 (90) For as all men absolutely
(whether they be less endowed with reason or more) are equally bound by the
Divine command to love their neighbour as themselves; it may be said that
they cannot; without wrong; do injury to anyone; or live according to their
desires。
(16:91) This objection; so far as the state of nature is concerned; can be
easily answered; for the state of nature is; both in nature and in time;
prior to religion。 (92) No one knows by nature that he owes any obedience to
God 'Endnote 28'; nor can he attain thereto by any exercise of his reason;
but solely by revelation confirmed by signs。 (93) Therefore; previous to
revelation; no one is bound by a Divine law and right of which he is
necessarily in ignorance。 (94) The state of nature must by no means be
confounded with a state of religion; but must be conceived as without
either religion or law; and consequently without sin or wrong: this is how
we have described it; and we are confirmed by the authority of Paul。 (95) It
is not only in respect of ignorance that we conceive the state of nature as
prior to; and lacking the Divine revealed law and right; but in respect of
freedom also; wherewith all men are born endowed。
(16:96) If men were naturally bound by the Divine law and right; or if the
Divine law and right were a natural necessity; there would have been no need
for God to make a covenant with mankind; and to bind them thereto with an
oath and agreement。
(16:97) We must; then; fully grant that the Divine law and right originated
at the time when men by express covenant agreed to obey God in all things;
and ceded; as it were; their natural freedom; transferring their rights to
God in the manner described in speaking of the formation of a state。
(98) However; I will treat of these matters more at length presently。
'16:8' (99) It may be insisted that sovereigns are as much bound by the
Divine law as subjects: whereas we have asserted that they retain their
natural rights; and may do whatever they like。
(16:100) In order to clear up the whole difficulty; which arises rather
concerning the natural right than the natural state; I maintain that
everyone is bound; in the state of nature; to live according to Divine law;
in the same way as he is bound to live according to the dictates of sound
reason; namely; inasmuch as it is to his advantage; and necessary for his
salvation; but; if he will not so live; he may do otherwise at his own risk。
(101) He is thus bound to live according to his own laws; not according to
anyone else's; and to recognize no man as a judge; or as a superior in
religion。 (102) Such; in my opinion; is the position of a sovereign; for he
may take advice from his fellow…men; but he is not bound to recognize any as
a judge; nor anyone besides himself as an arbitrator on any question of
right; unless it be a prophet sent expressly by God and attesting his
mission by indisputable signs。 (103) Even then he does not recognize a man;
but God Himself as His judge。
'16:9' (104) If a sovereign refuses to obey God as revealed in His law;
he does so at his own risk and loss; but without violating any civil or
natural right。 (105) For the civil right is dependent on his own decree; and
natural right is dependent on the laws of nature; which latter are not
adapted to religion; whose sole aim is the good of humanity; but to the
order of nature … that is; to God's eternal decree unknown to us。
(16:106) This truth seems to be adumbrated in a somewhat obscurer form by
those who maintain that men can sin against God's revelation; but not
against the eternal decree by which He has ordained all things。
(107) We may be asked; what should we do if the sovereign commands anything
contrary to religion; and the obedience which we have expressly vowed to
God? should we obey the Divine law or the human law? (108) I shall treat of
this question at length hereafter; and will therefore merely say now; that
God should be obeyed before all else; when we have a certain and
indisputable revelation of His will: but men are very prone to error on
religious subjects; and; according to the diversity of their dispositions;
are wont with considerable stir to put forward their own inventions; as
experience more than sufficiently attests; so that if no one were bound to
obey the state in matters which; in his own opinion concern religion;
the rights of the state would be dependent on every man's judgment
and passions。 (109) No one would consider himself bound to obey laws framed
against his faith or superstition; and on this pretext he might assume
unbounded license。 (110) In this way; the rights of the civil authorities
would be utterly set at nought; so that we must conclude that the sovereign
power; which alone is bound both by Divine and natural right to preserve and
guard the laws of the state; should have supreme authority for making any
laws about religion which it thinks fit; all are bound to obey its behests
on the subject in accordance with their promise which God bids them to keep。
(16:111) However; if the sovereign power be heathen; we should either enter
into no engagements therewith; and yield up our lives sooner than transfer
to it any of our rights; or; if the engagement be made; and our rights
transferred; we should (inasmuch as we should have ourselves transferred the
right of defending ourselves and our religion) be bound to obey them; and to
keep our word: we might even rightly be bound so to do; except in those
cases where God; by indisputable revelation; has promised His special aid
against tyranny; or given us special exemption from obedience。 (112) Thus we
see that; of all the Jews in Babylon; there were only three youths who were
certain of the help of God; and; therefore; refused to obey Nebuchadnezzar。
(113) All the rest; with the sole exception of Daniel; who was beloved by
the king; were doubtless compelled by right to obey; perhaps thinking that
they had been delivered up by God into the hands of the king; and that the
king had obtained and preserved his dominion by God's design。 (114) On the
other hand; Eleazar; before his country had utterly fallen; wished to give a
proof of his constancy to his compatriots; in order that they might follow
in his footsteps; and go to any lengths; rather than allow their right and
power to be transferred to the Greeks; or brave any torture rather than
swear allegiance to the heathen。 (115) Instances are occurring every day in
confirmation of what I here advance。 (116) The rulers of Christian
kingdoms do not hesitate; with a view to strengthening their dominion; to
make treaties with Turks and heathen; and to give orders to their subjects
who settle among such peoples not to assume more freedom; either in
things secular or religious; than is set down in the treaty; or allowed by
the foreign government。 (117) We may see this exemplified in the Dutch
treaty with the Japanese; which I have already mentioned。
'17:0' CHAPTER XVII … IT IS SHOWN THAT NO ONE CAN; OR
NEED; TRANSFER