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(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 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。







'17:1' (1) 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。 (2)



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。 (3) 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。 (4) 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。 (5) 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 'Endnote 29'; 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。







(17:6) We must; therefore; grant that every man retains some part of his



right; in dependence on his own decision; and no one else's。







(7) 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。







(17:8) 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。 (9) 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。 (10) 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。







(17:11) 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


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