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a theologico-political treatise [part iv]-第4章

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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
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