Chapter 17

It is Shown that No One Can, or 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 [N29], 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 AEneas, 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. 5. 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) [N30]. 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) [N31].

[Note N29]: "If men could lose their natural rights so as to be absolutely unable for the future to oppose the will of the sovereign" Two common soldiers undertook to change the Roman dominion, and did change it. (Tacitus, Hist. i:7.)

[Note N30]: See Numbers xi. 28. In this passage it is written that two men prophesied in the camp, and that Joshua wished to punish them. This he would not have done, if it had been lawful for anyone to deliver the Divine oracles to the people without the consent of Moses. But Moses thought good to pardon the two men, and rebuked Joshua for exhorting him to