Theologico-Political Treatise Volume IV Part 2

(17:157) I think I have now explained clearly, though briefly,, the main features of the Hebrew commonwealth. (158) I must now inquire into the causes which led the people so often to fall away from the law, which brought about their frequent subjection, and, finally, the complete destruction of their dominion. (159) Perhaps I shall be told that it sprang from their hardness of heart; but this is childish, for why should this people be more hard of heart than others; was it by nature?

[17:A] (160) But nature forms individuals, not peoples; the latter are only distinguishable by the difference of their language, their customs, and their laws; while from the two last - i.e., customs and laws, - it may arise that they have a peculiar disposition, a peculiar manner of life, and peculiar prejudices. (161) If, then, the Hebrews were harder of heart than other nations, the fault lay with their laws or customs.

(17:162) This is certainly true, in the sense that, if G.o.d had wished their dominion to be more lasting, He would have given them other rites and laws, and would have inst.i.tuted a different form of government. (163) We can, therefore, only say that their G.o.d was angry with them, not only, as Jeremiah says, from the building of the city, but even from the founding of their laws.

(17:164) This is borne witness to by Ezekiel xx:25: "Wherefore I gave them also statutes that were not good, and judgments whereby they should not live; and I polluted them in their own gifts, in that they caused to pa.s.s through the fire all that openeth the womb; that I might make them desolate, to the end that they might know that I am the Lord."

(17:165) In order that we may understand these words, and the destruction of the Hebrew commonwealth, we must bear in mind that it had at first been intended to entrust the whole duties of the priesthood to the firstborn, and not to the Levites (see Numb. viii:17). (166) It was only when all the tribes, except the Levites, wors.h.i.+pped the golden calf, that the firstborn were rejected and defiled, and the Levites chosen in their stead (Deut. x:8). (167) When I reflect on this change, I feel disposed to break forth with the words of Tacitus. (168) G.o.d's object at that time was not the safety of the Jews, but vengeance. (169) I am greatly astonished that the celestial mind was so inflamed with anger that it ordained laws, which always are supposed to promote the honour, well-being, and security of a people, with the purpose of vengeance, for the sake of punishment; so that the laws do not seem so much laws - that is, the safeguard of the people - as pains and penalties.

(17:170) The gifts which the people were obliged to bestow on the Levites and priests - the redemption of the firstborn, the poll-tax due to the Levites, the privilege possessed by the latter of the sole performance of sacred rites - all these, I say, were a continual reproach to the people, a continual reminder of their defilement and rejection. (171) Moreover, we may be sure that the Levites were for ever heaping reproaches upon them: for among so many thousands there must have been many importunate dabblers in theology. (172) Hence the people got into the way of watching the acts of the Levites, who were but human; of accusing the whole body of the faults of one member, and continually murmuring.

(17:173) Besides this, there was the obligation to keep in idleness men hateful to them, and connected by no ties of blood. (174) Especially would this seem grievous when provisions were dear. What wonder, then, if in times of peace, when striking miracles had ceased, and no men of paramount authority were forthcoming, the irritable and greedy temper of the people began to wax cold, and at length to fall away from a wors.h.i.+p, which, though Divine, was also humiliating, and even hostile, and to seek after something fresh; or can we be surprised that the captains, who always adopt the popular course, in order to gain the sovereign power for themselves by enlisting the sympathies of the people, and alienating the high priest, should have yielded to their demands, and introduced a new wors.h.i.+p? (175) If the state had been formed according to the original intention, the rights and honour of all the tribes would have been equal, and everything would have rested on a firm basis. (176) Who is there who would willingly violate the religious rights of his kindred? (177) What could a man desire more than to support his own brothers and parents, thus fulfilling the duties of religion? (178) Who would not rejoice in being taught by them the interpretation of the laws, and receiving through them the answers of G.o.d?

(17:179) The tribes would thus have been united by a far closer bond, if all alike had possessed the right to the priesthood. (180) All danger would have been obviated, if the choice of the Levites had not been dictated by anger and revenge. (181) But, as we have said, the Hebrews had offended their G.o.d, Who, as Ezekiel says, polluted them in their own gifts by rejecting all that openeth the womb, so that He might destroy them.

(17:182) This pa.s.sage is also confirmed by their history. As soon as the people in the wilderness began to live in ease and plenty, certain men of no mean birth began to rebel against the choice of the Levites, and to make it a cause for believing that Moses had not acted by the commands of G.o.d, but for his own good pleasure, inasmuch as he had chosen his own tribe before all the rest, and had bestowed the high priesthood in perpetuity on his own brother. (183) They, therefore, stirred up a tumult, and came to him, crying out that all men were equally sacred, and that he had exalted himself above his fellows wrongfully. (184) Moses was not able to pacify them with reasons; but by the intervention of a miracle in proof of the faith, they all perished. (185) A fresh sedition then arose among the whole people, who believed that their champions had not been put to death by the judgment of G.o.d, but by the device of Moses. (186) After a great slaughter, or pestilence, the rising subsided from inanition, but in such a manner that all preferred death to life under such conditions.

(17:187) We should rather say that sedition ceased than that harmony was re- established. (188) This is witnessed by Scripture (Deut. x.x.xi:21), where G.o.d, after predicting to Moses that the people after his death will fall away from the Divine wors.h.i.+p, speaks thus: "For I know their imagination which they go about, even now before I have brought them into the land which I sware;" and, a little while after (x.x.xi:27), Moses says: For I know thy rebellion and thy stiff neck: behold while I am yet alive with you this day, ye have been rebellious against the Lord; and how much more after my death!"

(17:189) Indeed, it happened according to his words, as we all know.

(190) Great changes, extreme license, luxury, and hardness of heart grew up; things went from bad to worse, till at last the people, after being frequently conquered, came to an open rupture with the Divine right, and wished for a mortal king, so that the seat of government might be the Court, instead of the Temple, and that the tribes might remain fellow-citizens in respect to their king, instead of in respect to Divine right and the high priesthood.

(17:191) A vast material for new seditions was thus produced, eventually resulting in the ruin of the entire state. Kings are above all things jealous of a precarious rule, and can in nowise brook a dominion within their own. (192) The first monarchs, being chosen from the ranks of private citizens, were content with the amount of dignity to which they had risen; but their sons, who obtained the throne by right of inheritance, began gradually to introduce changes, so as to get all the sovereign rights into their own hands. (193) This they were generally unable to accomplish, so long as the right of legislation did not rest with them, but with the high priest, who kept the laws in the sanctuary, and interpreted them to the people. (194) The kings were thus bound to obey the laws as much as were the subjects, and were unable to abrogate them, or to ordain new laws of equal authority; moreover, they were prevented by the Levites from administering the affairs of religion, king and subject being alike unclean. (195) Lastly, the whole safety of their dominion depended on the will of one man, if that man appeared to be a prophet; and of this they had seen an example, namely, how completely Samuel had been able to command Saul, and how easily, because of a single disobedience, he had been able to transfer the right of sovereignty to David. (196) Thus the kings found a dominion within their own, and wielded a precarious sovereignty.

(17:197) In order to surmount these difficulties, they allowed other temples to be dedicated to the G.o.ds, so that there might be no further need of consulting the Levites; they also sought out many who prophesied in the name of G.o.d, so that they might have creatures of their own to oppose to the true prophets. (198) However, in spite of all their attempts, they never attained their end. (199) For the prophets, prepared against every emergency, waited for a favourable opportunity, such as the beginning of a new reign, which is always precarious, while the memory of the previous reign remains green. (200) At these times they could easily p.r.o.nounce by Divine authority that the king was tyrannical, and could produce a champion of distinguished virtue to vindicate the Divine right, and lawfully to claim dominion, or a share in it. (201) Still, not even so could the prophets effect much. (202) They could, indeed, remove a tyrant; but there were reasons which prevented them from doing more than setting up, at great cost of civil bloodshed, another tyrant in his stead. (203) Of discords and civil wars there was no end, for the causes for the violation of Divine right remained always the same, and could only be removed by a complete remodelling of the state.

(17:204) We have now seen how religion was introduced into the Hebrew commonwealth, and how the dominion might have lasted for ever, if the just wrath of the Lawgiver had allowed it. (205) As this was impossible, it was bound in time to perish. (206) I am now speaking only of the first commonwealth, for the second was a mere shadow of the first, inasmuch as the people were bound by the rights of the Persians to whom they were subject.

(207) After the restoration of freedom, the high priests usurped the rights of the secular chiefs, and thus obtained absolute dominion. (208) The priests were inflamed with an intense desire to wield the powers of the sovereignty and the high priesthood at the same time. (209) I have, therefore, no need to speak further of the second commonwealth. (210) Whether the first, in so far as we deem it to have been durable, is capable of imitation, and whether it would be pious to copy it as far as possible, will appear from what fellows. (211) I wish only to draw attention, as a crowning conclusion, to the principle indicated already - namely, that it is evident, from what we have stated in this chapter, that the Divine right, or the right of religion, originates in a compact: without such compact, none but natural rights exist. (212) The Hebrews were not bound by their religion to evince any pious care for other nations not included in the compact, but only for their own fellow-citizens.

[18:0] CHAPTER XVIII - FROM THE COMMONWEALTH OF THE HEBREWS, AND THEIR HISTORY, CERTAIN POLITICAL DOCTRINES ARE DEDUCED.

[18:1] (1) Although the commonwealth of the Hebrews, as we have conceived it, might have lasted for ever, it would be impossible to imitate it at the present day, nor would it be advisable so to do. (2) If a people wished to transfer their rights to G.o.d it would be necessary to make an express covenant with Him, and for this would be needed not only the consent of those transferring their rights, but also the consent of G.o.d. (3) G.o.d, however, has revealed through his Apostles that the covenant of G.o.d is no longer written in ink, or on tables of stone, but with the Spirit of G.o.d in the fleshy tables of the heart.

(18:4) Furthermore, such a form of government would only be available for those who desire to have no foreign relations, but to shut themselves up within their own frontiers, and to live apart from the rest of the world; it would be useless to men who must have dealings with other nations; so that the cases where it could be adopted are very few indeed.

(18:5) Nevertheless, though it could not be copied in its entirety, it possessed many excellent features which might be brought to our notice, and perhaps imitated with advantage. (6) My intention, however, is not to write a treatise on forms of government, so I will pa.s.s over most of such points in silence, and will only touch on those which bear upon my purpose.

(18:7) G.o.d's kingdom is not infringed upon by the choice of an earthly ruler endowed with sovereign rights; for after the Hebrews had transferred their rights to G.o.d, they conferred the sovereign right of ruling on Moses, investing him with the sole power of inst.i.tuting and abrogating laws in the name of G.o.d, of choosing priests, of judging, of teaching, of punis.h.i.+ng - in fact, all the prerogatives of an absolute monarch.

(18:8) Again, though the priests were the interpreters of the laws, they had no power to judge the citizens, or to excommunicate anyone: this could only be done by the judges and chiefs chosen from among the people. (9) A consideration of the successes and the histories of the Hebrews will bring to light other considerations worthy of note. To wit:

(18:9) I. That there were no religious sects, till after the high priests, in the second commonwealth, possessed the authority to make decrees, and transact the business of government. (10) In order that such authority might last for ever, the high priests usurped the rights of secular rulers, and at last wished to be styled kings. (11) The reason for this is ready to hand; in the first commonwealth no decrees could bear the name of the high priest, for he had no right to ordain laws, but only to give the answers of G.o.d to questions asked by the captains or the councils: he had, therefore, no motive for making changes in the law, but took care, on the contrary, to administer and guard what had already been received and accepted. (12) His only means of preserving his freedom in safety against the will of the captains lay in cheris.h.i.+ng the law intact. (13) After the high priests had a.s.sumed the power of carrying on the government, and added the rights of secular rulers to those they already possessed, each one began both in things religious and in things secular, to seek for the glorification of his own name, settling everything by sacerdotal authority, and issuing every day, concerning ceremonies, faith, and all else, new decrees which he sought to make as sacred and authoritative as the laws of Moses. (14) Religion thus sank into a degrading superst.i.tion, while the true meaning and interpretation of the laws became corrupted. (15) Furthermore, while the high priests were paving their way to the secular rule just after the restoration, they attempted to gain popular favour by a.s.senting to every demand; approving whatever the people did, however impious, and accommodating Scripture to the very depraved current morals. (16) Malachi bears witness to this in no measured terms: he chides the priests of his time as despisers of the name of G.o.d, and then goes on with his invective as follows (Mal ii:7, 8): "For the priest's lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts. (17) But ye are departed out of the way; ye have caused many to stumble at the law, ye have corrupted the covenant of Levi, saith the Lord of hosts." (18) He further accuses them of interpreting the laws according to their own pleasure, and paying no respect to G.o.d but only to persons. (19) It is certain that the high priests were never so cautious in their conduct as to escape the remark of the more shrewd among the people, for the latter were at length emboldened to a.s.sert that no laws ought to be kept save those that were written, and that the decrees which the Pharisees (consisting, as Josephus says in his " Amtiquities,"

chiefly, of the common people), were deceived into calling the traditions of the fathers, should not be observed at all. (20) However this may be, we can in nowise doubt that flattery of the high priest, the corruption of religion and the laws, and the enormous increase of the extent of the last-named, gave very great and frequent occasion for disputes and altercations impossible to allay. (21) When men begin to quarrel with all the ardour of superst.i.tion, and the magistracy to back up one side or the other, they can never come to a compromise, but are bound to split into sects.

(18:22) II. It is worthy of remark that the prophets, who were in a private station of life, rather irritated than reformed mankind by their freedom of warning, rebuke, and censure; whereas the kings, by their reproofs and punishments, could always produce an effect. (23) The prophets were often intolerable even to pious kings, on account of the authority they a.s.sumed for judging whether an action was right or wrong, or for reproving the kings themselves if they dared to transact any business, whether public or private, without prophetic sanction. (24) King Asa who, according to the testimony of Scripture, reigned piously, put the prophet Hanani into a prison-house because he had ventured freely to chide and reprove him for entering into a covenant with the king of Armenia.

(18:25) Other examples might be cited, tending to prove that religion gained more harm than good by such freedom, not to speak of the further consequence, that if the prophets had retained their rights, great civil wars would have resulted.

(26) III. It is remarkable that during all the period, during which the people held the reins of power, there was only one civil war, and that one was completely extinguished, the conquerors taking such pity on the conquered, that they endeavoured in every way to reinstate them in their former dignity and power. (27) But after that the people, little accustomed to kings, changed its first form of government into a monarchy, civil war raged almost continuously; and battles were so fierce as to exceed all others recorded; in one engagement (taxing our faith to the utmost) five hundred thousand Israelites were slaughtered by the men of Judah, and in another the Israelites slew great numbers of the men of Judah (the figures are not given in Scripture), almost razed to the ground the walls of Jerusalem, and sacked the Temple in their unbridled fury. (28) At length, laden with the spoils of their brethren, satiated with blood, they took hostages, and leaving the king in his well-nigh devastated kingdom, laid down their arms, relying on the weakness rather than the good faith of their foes. (29) A few years after, the men of Judah, with recruited strength, again took the field, but were a second time beaten by the Israelites, and slain to the number of a hundred and twenty thousand, two hundred thousand of their wives and children were led into captivity, and a great booty again seized. (30) Worn out with these and similar battles set forth at length in their histories, the Jews at length fell a prey to their enemies.

(18:31) Furthermore, if we reckon up the times during which peace prevailed under each form of government, we shall find a great discrepancy. (32) Before the monarchy forty years and more often pa.s.sed, and once eighty years (an almost unparalleled period), without any war, foreign or civil. (33) After the kings acquired sovereign power, the fighting was no longer for peace and liberty, but for glory; accordingly we find that they all, with the exception of Solomon (whose virtue and wisdom would be better displayed in peace than in war) waged war, and finally a fatal desire for power gained ground, which, in many cases, made the path to the throne a b.l.o.o.d.y one.

(18:34) Lastly, the laws, during the rule of the people, remained uncorrupted and were studiously observed. (35) Before the monarchy there were very, few prophets to admonish the people, but after the establishment of kings there were a great number at the same time. (36) Obadiah saved a hundred from death and hid them away, lest they should be slain with the rest. (37) The people, so far as we can see, were never deceived by false prophets till after the power had been vested in kings, whose creatures many of the prophets were. (38) Again, the people, whose heart was generally proud or humble according to its circ.u.mstances, easily corrected it-self under misfortune, turned again to G.o.d, restored His laws, and so freed itself from all peril; but the kings, whose hearts were always equally puffed up, and who could not be corrected without humiliation, clung pertinaciously to their vices, even till the last overthrow of the city.

[18:2] (39) We may now clearly see from what I have said:-

(40) I. How hurtful to religion and the state is the concession to ministers of religion of any power of issuing decrees or transacting the business of government: how, on the contrary, far greater stability is afforded, if the said ministers are only allowed to give answers to questions duly put to them, and are, as a rule, obliged to preach and practise the received and accepted doctrines.

(18:41) II How dangerous it is to refer to Divine right matters merely speculative and subject or liable to dispute. (42) The most tyrannical governments are those which make crimes of opinions, for everyone has an inalienable right over his thoughts - nay, such a state of things leads to the rule of popular pa.s.sion.

(18:43) Pontius Pilate made concession to the pa.s.sion of the Pharisees in consenting to the crucifixion of Christ, whom he knew to be innocent. (44) Again, the Pharisees, in order to shake the position of men richer than themselves, began to set on foot questions of religion, and accused the Sadducees of impiety, and, following their example, the vilest - hypocrites, stirred, as they pretended, by the same holy wrath which they called zeal for the Lord, persecuted men whose unblemished character and distinguished virtue had excited the popular hatred, publicly denounced their opinions, and inflamed the fierce pa.s.sions of the people against them.

(18:45) This wanton licence being cloaked with the specious garb of religion could not easily be repressed, especially when the sovereign authorities introduced a sect of which they, were not the head; they were then regarded not as interpreters of Divine right, but as sectarians - that is, as persons recognizing the right of Divine interpretation a.s.sumed by the leaders of the sect. (46) The authority of the magistrates thus became of little account in such matters in comparison with the authority of sectarian leaders before whose interpretations kings were obliged to bow.

(18:47) To avoid such evils in a state, there is no safer way, than to make piety and religion to consist in acts only - that is, in the practice of justice and charity, leaving everyone's judgment in other respects free.

(48) But I will speak of this more at length presently.

[18:3] (49) III. We see how necessary it is, both in the interests of the state and in the interests of religion, to confer on the sovereign power the right of deciding what is lawful or the reverse. (50) If this right of judging actions could not be given to the very prophets of G.o.d without great injury, to the state and religion, how much less should it be entrusted to those who can neither foretell the future nor work miracles! (51) But this again I will treat of more fully hereafter.

(18:52) IV. Lastly,, we see how disastrous it is for a people unaccustomed to kings, and possessing a complete code of laws, to set up a monarchy. (53) Neither can the subjects brook such a sway, nor the royal authority submit to laws and popular rights set up by anyone inferior to itself. (54) Still less can a king be expected to defend such laws, for they were not framed to support his dominion, but the dominion of the people, or some council which formerly ruled, so that in guarding the popular rights the king would seem to be a slave rather than a master. (55) The representative of a new monarchy will employ all his zeal in attempting to frame new laws, so as to wrest the rights of dominion to his own use, and to reduce the people till they find it easier to increase than to curtail the royal prerogative.

(56) I must not, however, omit to state that it is no less dangerous to remove a monarch, though he is on all hands admitted to be a tyrant. (57) For his people are accustomed to royal authority and will obey no other, despising and mocking at any less august control.

(18:58) It is therefore necessary, as the prophets discovered of old, if one king be removed, that he should be replaced by another, who will be a tyrant from necessity rather than choice. (59) For how will he be able to endure the sight of the hands of the citizens reeking with royal blood, and to rejoice in their regicide as a glorious exploit? (60) Was not the deed perpetrated as an example and warning for himself?

(18:61) If he really wishes to be king, and not to acknowledge the people as the judge of kings and the master of himself, or to wield a precarious sway, he must avenge the death of his predecessor, making an example for his own sake, lest the people should venture to repeat a similar crime. (62) He will not, however, be able easily to avenge the death of the tyrant by the slaughter of citizens unless he defends the cause of tyranny and approves the deeds of his predecessor, thus following in his footsteps.

(18:63) Hence it comes to pa.s.s that peoples have often changed their tyrants, but never removed them or changed the monarchical form of government into any other.

[18:4] (64) The English people furnish us with a terrible example of this fact. (65) They sought how to depose their monarch under the forms of law, but when he had been removed, they were utterly unable to change the form of government, and after much bloodshed only brought it about, that a new monarch should be hailed under a different name (as though it had been a mere question of names); this new monarch could only consolidate his power by completely destroying the royal stock, putting to death the king's friends, real or supposed, and disturbing with war the peace which might encourage discontent, in order that the populace might be engrossed with novelties and divert its mind from brooding over the slaughter of the king.

(66) At last, however, the people reflected that it had accomplished nothing for the good of the country beyond violating the rights of the lawful king and changing everything for the worse. (67) It therefore decided to retrace its steps as soon as possible, and never rested till it had seen a complete restoration of the original state of affairs.

(18:68) It may perhaps be objected that the Roman people was easily able to remove its tyrants, but I gather from its history a strong confirmation of my contention. (69) Though the Roman people was much more than ordinarily capable of removing their tyrants and changing their form of government, inasmuch as it held in its own hands the power of electing its king and his successor, said being composed of rebels and criminals had not long been used to the royal yoke (out of its six kings it had put to death three), nevertheless it could accomplish nothing beyond electing several tyrants in place of one, who kept it groaning under a continual state of war, both foreign and civil, till at last it changed its government again to a form differing from monarchy, as in England, only in name.

[18:5] (70) As for the United States of the Netherlands, they have never, as we know, had a king, but only counts, who never attained the full rights of dominion. (71) The States of the Netherlands evidently acted as princ.i.p.als in the settlement made by them at the time of the Earl of Leicester's mission: they always reserved for themselves the authority to keep the counts up to their duties, and the power to preserve this authority and the liberty of the citizens. (72) They had ample means of vindicating their rights if their rulers should prove tyrannical, and could impose such restraints that nothing could be done without their consent and approval.

(18:73) Thus the rights of sovereign power have always been vested in the States, though the last count endeavoured to usurp them. (74) It is therefore little likely that the States should give them up, especially as they have just restored their original dominion, lately almost lost.

(18:75) These examples, then, confirm us in our belief, that every dominion should retain its original form, and, indeed, cannot change it without danger of the utter ruin of the whole state. (76) Such are the points I have here thought worthy of remark.

[19:0] CHAPTER XIX - IT IS SHOWN THAT THE RIGHT OVER MATTERS SPIRITUAL LIES WHOLLY WITH THE SOVEREIGN, AND THAT THE OUTWARD FORMS OF RELIGION SHOULD BE IN ACCORDANCE WITH PUBLIC PEACE, IF WE WOULD OBEY G.o.d ARIGHT.

(1) When I said that the possessors of sovereign power have rights over everything, and that all rights are dependent on their decree, I did not merely mean temporal rights, but also spiritual rights; of the latter, no less than the former, they ought to be the interpreters and the champions. (2) I wish to draw special attention to this point, and to discuss it fully in this chapter, because many persons deny that the right of deciding religious questions belongs to the sovereign power, and refuse to acknowledge it as the interpreter of Divine right. (3) They accordingly a.s.sume full licence to accuse and arraign it, nay, even to excommunicate it from the Church, as Ambrosius treated the Emperor Theodosius in old time. (4) However, I will show later on in this chapter that they take this means of dividing the government, and paving the way to their own ascendancy. (5) I wish, however, first to point out that religion acquires its force as law solely from the decrees of the sovereign.

(6) G.o.d has no special kingdom among men except in so far as He reigns through temporal rulers. [19:1] (7) Moreover, the rites of religion and the outward observances of piety should be in accordance with the public peace and well-being, and should therefore be determined by the sovereign power alone. (8) I speak here only of the outward observances of piety and the external rites of religion, not of piety, itself, nor of the inward wors.h.i.+p of G.o.d, nor the means by which the mind is inwardly led to do homage to G.o.d in singleness of heart.