A Theological-Political Treatise [Part IV] · Benedictus de Spinoza
Part IV of IV - Chapters XVI to XX
(17:197) In order to surmount these difficulties, they allowed other temples to be dedicated to the gods, so that there might be no further need of consulting the Levites; they also sought out many who prophesied in the name of God, so that they might have creatures of their own to oppose to the true prophets. (198) However, in spite of all their attempts, they never attained their end. (199) For the prophets, prepared against every emergency, waited for a favourable opportunity, such as the beginning of a new reign, which is always precarious, while the memory of the previous reign remains green. (200) At these times they could easily pronounce by Divine authority that the king was tyrannical, and could produce a champion of distinguished virtue to vindicate the Divine right, and lawfully to claim dominion, or a share in it. (201) Still, not even so could the prophets effect much. (202) They could, indeed, remove a tyrant; but there were reasons which prevented them from doing more than setting up, at great cost of civil bloodshed, another tyrant in his stead. (203) Of discords and civil wars there was no end, for the causes for the violation of Divine right remained always the same, and could only be removed by a complete remodelling of the state.
(17:204) We have now seen how religion was introduced into the Hebrew commonwealth, and how the dominion might have lasted for ever, if the just wrath of the Lawgiver had allowed it. (205) As this was impossible, it was bound in time to perish. (206) I am now speaking only of the first commonwealth, for the second was a mere shadow of the first, inasmuch as the people were bound by the rights of the Persians to whom they were subject. (207) After the restoration of freedom, the high priests usurped the rights of the secular chiefs, and thus obtained absolute dominion. (208) The priests were inflamed with an intense desire to wield the powers of the sovereignty and the high priesthood at the same time. (209) I have, therefore, no need to speak further of the second commonwealth. (210) Whether the first, in so far as we deem it to have been durable, is capable of imitation, and whether it would be pious to copy it as far as possible, will appear from what fellows. (211) I wish only to draw attention, as a crowning conclusion, to the principle indicated already - namely, that it is evident, from what we have stated in this chapter, that the Divine right, or the right of religion, originates in a compact: without such compact, none but natural rights exist. (212) The Hebrews were not bound by their religion to evince any pious care for other nations not included in the compact, but only for their own fellow-citizens.
(18:7) God's kingdom is not infringed upon by the choice of an earthly ruler endowed with sovereign rights; for after the Hebrews had transferred their rights to God, they conferred the sovereign right of ruling on Moses, investing him with the sole power of instituting and abrogating laws in the name of God, of choosing priests, of judging, of teaching, of punishing - in fact, all the prerogatives of an absolute monarch. (18:8) Again, though the priests were the interpreters of the laws, they had no power to judge the citizens, or to excommunicate anyone: this could only be done by the judges and chiefs chosen from among the people. (9) A consideration of the successes and the histories of the Hebrews will bring to light other considerations worthy of note. To wit: (18:9) I. That there were no religious sects, till after the high priests, in the second commonwealth, possessed the authority to make decrees, and transact the business of government. (10) In order that such authority might last for ever, the high priests usurped the rights of secular rulers, and at last wished to be styled kings. (11) The reason for this is ready to hand; in the first commonwealth no decrees could bear the name of the high priest, for he had no right to ordain laws, but only to give the answers of God to questions asked by the captains or the councils: he had, therefore, no motive for making changes in the law, but took care, on the contrary, to administer and guard what had already been received and accepted. (12) His only means of preserving his freedom in safety against the will of the captains lay in cherishing the law intact.
(13) After the high priests had assumed the power of carrying on the government, and added the rights of secular rulers to those they already possessed, each one began both in things religious and in things secular, to seek for the glorification of his own name, settling everything by sacerdotal authority, and issuing every day, concerning ceremonies, faith, and all else, new decrees which he sought to make as sacred and authoritative as the laws of Moses. (14) Religion thus sank into a degrading superstition, while the true meaning and interpretation of the laws became corrupted. (15) Furthermore, while the high priests were paving their way to the secular rule just after the restoration, they attempted to gain popular favour by assenting to every demand; approving whatever the people did, however impious, and accommodating Scripture to the very depraved current morals. (16) Malachi bears witness to this in no measured terms: he chides the priests of his time as despisers of the name of God, and then goes on with his invective as follows (Mal ii:7, 8): "For the priest's lips should keep knowledge, and they should seek the law at his mouth: for he is the messenger of the Lord of hosts.
(17) But ye are departed out of the way; ye have caused many to stumble at the law, ye have corrupted the covenant of Levi, saith the Lord of hosts." (18) He further accuses them of interpreting the laws according to their own pleasure, and paying no respect to God but only to persons. (19) It is certain that the high priests were never so cautious in their conduct as to escape the remark of the more shrewd among the people, for the latter were at length emboldened to assert that no laws ought to be kept save those that were written, and that the decrees which the Pharisees (consisting, as Josephus says in his "Antiquities," chiefly of the common people), were deceived into calling the traditions of the fathers, should not be observed at all. (20) However this may be, we can in nowise doubt that flattery of the high priest, the corruption of religion and the laws, and the enormous increase of the extent of the last-named, gave very great and frequent occasion for disputes and altercations impossible to allay. (21) When men begin to quarrel with all the ardour of superstition, and the magistracy to back up one side or the other, they can never come to a compromise, but are bound to split into sects.
(18:22) II. It is worthy of remark that the prophets, who were in a private station of life, rather irritated than reformed mankind by their freedom of warning, rebuke, and censure; whereas the kings, by their reproofs and punishments, could always produce an effect. (23) The prophets were often intolerable even to pious kings, on account of the authority they assumed for judging whether an action was right or wrong, or for reproving the kings themselves if they dared to transact any business, whether public or private, without prophetic sanction. (24) King Asa who, according to the testimony of Scripture, reigned piously, put the prophet Hanani into a prison-house because he had ventured freely to chide and reprove him for entering into a covenant with the king of Armenia. (18:25) Other examples might be cited, tending to prove that religion gained more harm than good by such freedom, not to speak of the further consequence, that if the prophets had retained their rights, great civil wars would have resulted.
(26) III. It is remarkable that during all the period, during which the people held the reins of power, there was only one civil war, and that one was completely extinguished, the conquerors taking such pity on the conquered, that they endeavoured in every way to reinstate them in their former dignity and power. (27) But after that the people, little accustomed to kings, changed its first form of government into a monarchy, civil war raged almost continuously; and battles were so fierce as to exceed all others recorded; in one engagement (taxing our faith to the utmost) five hundred thousand Israelites were slaughtered by the men of Judah, and in another the Israelites slew great numbers of the men of Judah (the figures are not given in Scripture), almost razed to the ground the walls of Jerusalem, and sacked the Temple in their unbridled fury. (28) At length, laden with the spoils of their brethren, satiated with blood, they took hostages, and leaving the king in his well-nigh devastated kingdom, laid down their arms, relying on the weakness rather than the good faith of their foes. (29) A few years after, the men of Judah, with recruited strength, again took the field, but were a second time beaten by the Israelites, and slain to the number of a hundred and twenty thousand, two hundred thousand of their wives and children were led into captivity, and a great booty again seized. (30) Worn out with these and similar battles set forth at length in their histories, the Jews at length fell a prey to their enemies.
(18:31) Furthermore, if we reckon up the times during which peace prevailed under each form of government, we shall find a great discrepancy. (32) Before the monarchy forty years and more often passed, and once eighty years (an almost unparalleled period), without any war, foreign or civil. (33) After the kings acquired sovereign power, the fighting was no longer for peace and liberty, but for glory; accordingly we find that they all, with the exception of Solomon (whose virtue and wisdom would be better displayed in peace than in war) waged war, and finally a fatal desire for power gained ground, which, in many cases, made the path to the throne a bloody one. (18:34) Lastly, the laws, during the rule of the people, remained uncorrupted and were studiously observed. (35) Before the monarchy there were very few prophets to admonish the people, but after the establishment of kings there were a great number at the same time. (36) Obadiah saved a hundred from death and hid them away, lest they should be slain with the rest. (37) The people, so far as we can see, were never deceived by false prophets till after the power had been vested in kings, whose creatures many of the prophets were. (38) Again, the people, whose heart was generally proud or humble according to its circumstances, easily corrected itself under misfortune, turned again to God, restored His laws, and so freed itself from all peril; but the kings, whose hearts were always equally puffed up, and who could not be corrected without humiliation, clung pertinaciously to their vices, even till the last overthrow of the city.
(18:45) This wanton licence being cloaked with the specious garb of religion could not easily be repressed, especially when the sovereign authorities introduced a sect of which they were not the head; they were then regarded not as interpreters of Divine right, but as sectarians - that is, as persons recognizing the right of Divine interpretation assumed by the leaders of the sect. (46) The authority of the magistrates thus became of little account in such matters in comparison with the authority of sectarian leaders before whose interpretations kings were obliged to bow. (18:47) To avoid such evils in a state, there is no safer way, than to make piety and religion to consist in acts only - that is, in the practice of justice and charity, leaving everyone's judgment in other respects free. (48) But I will speak of this more at length presently. [18:3] (49) III. We see how necessary it is, both in the interests of the state and in the interests of religion, to confer on the sovereign power the right of deciding what is lawful or the reverse. (50) If this right of judging actions could not be given to the very prophets of God without great injury to the state and religion, how much less should it be entrusted to those who can neither foretell the future nor work miracles! (51) But this again I will treat of more fully hereafter.
(18:52) IV. Lastly, we see how disastrous it is for a people unaccustomed to kings, and possessing a complete code of laws, to set up a monarchy. (53) Neither can the subjects brook such a sway, nor the royal authority submit to laws and popular rights set up by anyone inferior to itself. (54) Still less can a king be expected to defend such laws, for they were not framed to support his dominion, but the dominion of the people, or some council which formerly ruled, so that in guarding the popular rights the king would seem to be a slave rather than a master. (55) The representative of a new monarchy will employ all his zeal in attempting to frame new laws, so as to wrest the rights of dominion to his own use, and to reduce the people till they find it easier to increase than to curtail the royal prerogative. (56) I must not, however, omit to state that it is no less dangerous to remove a monarch, though he is on all hands admitted to be a tyrant. (57) For his people are accustomed to royal authority and will obey no other, despising and mocking at any less august control. (18:58) It is therefore necessary, as the prophets discovered of old, if one king be removed, that he should be replaced by another, who will be a tyrant from necessity rather than choice. (59) For how will he be able to endure the sight of the hands of the citizens reeking with royal blood, and to rejoice in their regicide as a glorious exploit? (60) Was not the deed perpetrated as an example and warning for himself?
(18:61) If he really wishes to be king, and not to acknowledge the people as the judge of kings and the master of himself, or to wield a precarious sway, he must avenge the death of his predecessor, making an example for his own sake, lest the people should venture to repeat a similar crime. (62) He will not, however, be able easily to avenge the death of the tyrant by the slaughter of citizens unless he defends the cause of tyranny and approves the deeds of his predecessor, thus following in his footsteps. (18:63) Hence it comes to pass that peoples have often changed their tyrants, but never removed them or changed the monarchical form of government into any other. [18:4] (64) The English people furnish us with a terrible example of this fact. (65) They sought how to depose their monarch under the forms of law, but when he had been removed, they were utterly unable to change the form of government, and after much bloodshed only brought it about, that a new monarch should be hailed under a different name (as though it had been a mere question of names); this new monarch could only consolidate his power by completely destroying the royal stock, putting to death the king's friends, real or supposed, and disturbing with war the peace which might encourage discontent, in order that the populace might be engrossed with novelties and divert its mind from brooding over the slaughter of the king. (66) At last, however, the people reflected that it had accomplished nothing for the good of the country beyond violating the rights of the lawful king and changing everything for the worse. (67) It therefore decided to retrace its steps as soon as possible, and never rested till it had seen a complete restoration of the original state of affairs.
(18:68) It may perhaps be objected that the Roman people was easily able to remove its tyrants, but I gather from its history a strong confirmation of my contention. (69) Though the Roman people was much more than ordinarily capable of removing their tyrants and changing their form of government, inasmuch as it held in its own hands the power of electing its king and his successor, and being composed of rebels and criminals had not long been used to the royal yoke (out of its six kings it had put to death three), nevertheless it could accomplish nothing beyond electing several tyrants in place of one, who kept it groaning under a continual state of war, both foreign and civil, till at last it changed its government again to a form differing from monarchy, as in England, only in name. [18:5] (70) As for the United States of the Netherlands, they have never, as we know, had a king, but only counts, who never attained the full rights of dominion. (71) The States of the Netherlands evidently acted as principals in the settlement made by them at the time of the Earl of Leicester's mission: they always reserved for themselves the authority to keep the counts up to their duties, and the power to preserve this authority and the liberty of the citizens. (72) They had ample means of vindicating their rights if their rulers should prove tyrannical, and could impose such restraints that nothing could be done without their consent and approval.
(18:73) Thus the rights of sovereign power have always been vested in the States, though the last count endeavoured to usurp them. (74) It is therefore little likely that the States should give them up, especially as they have just restored their original dominion, lately almost lost. (18:75) These examples, then, confirm us in our belief, that every dominion should retain its original form, and, indeed, cannot change it without danger of the utter ruin of the whole state. (76) Such are the points I have here thought worthy of remark. [19:0] CHAPTER XIX - IT IS SHOWN THAT THE RIGHT OVER MATTERS SPIRITUAL LIES WHOLLY WITH THE SOVEREIGN, AND THAT THE OUTWARD FORMS OF RELIGION SHOULD BE IN ACCORDANCE WITH PUBLIC PEACE, IF WE WOULD OBEY GOD ARIGHT.
(1) When I said that the possessors of sovereign power have rights over everything, and that all rights are dependent on their decree, I did not merely mean temporal rights, but also spiritual rights; of the latter, no less than the former, they ought to be the interpreters and the champions. (2) I wish to draw special attention to this point, and to discuss it fully in this chapter, because many persons deny that the right of deciding religious questions belongs to the sovereign power, and refuse to acknowledge it as the interpreter of Divine right. (3) They accordingly assume full licence to accuse and arraign it, nay, even to excommunicate it from the Church, as Ambrosius treated the Emperor Theodosius in old time. (4) However, I will show later on in this chapter that they take this means of dividing the government, and paving the way to their own ascendancy. (5) I wish, however, first to point out that religion acquires its force as law solely from the decrees of the sovereign. (6) God has no special kingdom among men except in so far as He reigns through temporal rulers. [19:1] (7) Moreover, the rites of religion and the outward observances of piety should be in accordance with the public peace and well-being, and should therefore be determined by the sovereign power alone. (8) I speak here only of the outward observances of piety and the external rites of religion, not of piety, itself, nor of the inward worship of God, nor the means by which the mind is inwardly led to do homage to God in singleness of heart.
(19:9) Inward worship of God and piety in itself are within the sphere of everyone's private rights, and cannot be alienated (as I showed at the end of Chapter VII.). (10) What I here mean by the kingdom of God is, I think, sufficiently clear from what has been said in Chapter XIV. (11) I there showed that a man best fulfils God's law who worships Him, according to His command, through acts of justice and charity; it follows, therefore, that wherever justice and charity have the force of law and ordinance, there is God's kingdom. (19:12) I recognize no difference between the cases where God teaches and commands the practice of justice and charity through our natural faculties, and those where He makes special revelations; nor is the form of the revelation of importance so long as such practice is revealed and becomes a sovereign and supreme law to men. (13) If, therefore, I show that justice and charity can only acquire the force of right and law through the rights of rulers, I shall be able readily to arrive at the conclusion (seeing that the rights of rulers are in the possession of the sovereign), that religion can only acquire the force of right by means of those who have the right to command, and that God only rules among men through the instrumentality of earthly potentates. (14) It follows from what has been said, that the practice of justice and charity only acquires the force of law through the rights of the sovereign authority; for we showed in Chapter XVI. that in the state of nature reason has no more rights than desire, but that men living either by the laws of the former or the laws of the latter, possess rights co-extensive with their powers.
(19:15) For this reason we could not conceive sin to exist in the state of nature, nor imagine God as a judge punishing man's transgressions; but we supposed all things to happen according to the general laws of universal nature, there being no difference between pious and impious, between him that was pure (as Solomon says) and him that was impure, because there was no possibility either of justice or charity. [19:2] (16) In order that the true doctrines of reason, that is (as we showed in Chapter IV.), the true Divine doctrines might obtain absolutely the force of law and right, it was necessary that each individual should cede his natural right, and transfer it either to society as a whole, or to a certain body of men, or to one man. (17) Then, and not till then, does it first dawn upon us what is justice and what is injustice, what is equity and what is iniquity. (19:18) Justice, therefore, and absolutely all the precepts of reason, including love towards one's neighbour, receive the force of laws and ordinances solely through the rights of dominion, that is (as we showed in the same chapter) solely on the decree of those who possess the right to rule. (19) Inasmuch as the kingdom of God consists entirely in rights applied to justice and charity or to true religion, it follows that (as we asserted) the kingdom of God can only exist among men through the means of the sovereign powers; nor does it make any difference whether religion be apprehended by our natural faculties or by revelation: the argument is sound in both cases, inasmuch as religion is one and the same, and is equally revealed by God, whatever be the manner in which it becomes known to men.
(19:20) Thus, in order that the religion revealed by the prophets might have the force of law among the Jews, it was necessary that every man of them should yield up his natural right, and that all should, with one accord, agree that they would only obey such commands as God should reveal to them through the prophets. (21) Just as we have shown to take place in a democracy, where men with one consent agree to live according to the dictates of reason. (22) Although the Hebrews furthermore transferred their right to God, they were able to do so rather in theory than in practice, for, as a matter of fact (as we pointed out above) they absolutely retained the right of dominion till they transferred it to Moses, who in his turn became absolute king, so that it was only through him that God reigned over the Hebrews. (23) For this reason (namely, that religion only acquires the force of law by means of the sovereign power) Moses was not able to punish those who, before the covenant, and consequently while still in possession of their rights, violated the Sabbath (Exod. xvi:27), but was able to do so after the covenant (Numb. xv:36), because everyone had then yielded up his natural rights, and the ordinance of the Sabbath had received the force of law.
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