a theologico-political treatise [part iv]-第7部分
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(17:86) The high priest; both in the case of Aaron and of his son Eleazar;
was chosen by Moses; nor had anyone; after Moses' death; a right to elect to
the office; which became hereditary 。 (87) The general…in…chief of the army
was also chosen by Moses; and assumed his functions in virtue of the
commands; not of the high priest; but of Moses: indeed; after the death of
Joshua; the high priest did not appoint anyone in his place; and the
captains did not consult God afresh about a general…in…chief; but each
retained Joshua's power in respect to the contingent of his own tribe;
and all retained it collectively; in respect to the whole army。 (88) There
seems to have been no need of a general…in…chief; except when they were
obliged to unite their forces against a common enemy。 (89) This occurred
most frequently during the time of Joshua; when they had no fixed dwelling。
place; and possessed all things in common。 '17:7' (90) After all the tribes
had gained their territories by right of conquest; and had divided their
allotted gains; they; became separated; having no longer their possessions
in common; so that the need for a single commander ceased; for the
different tribes should be considered rather in the light of confederated
states than of bodies of fellow…citizens。 (91) In respect to their God and
their religion; they; were fellow…citizens; but; in respect to the rights
which one possessed with regard to another; they were only confederated:
they; were; in fact; in much the same position (if one excepts the Temple
common to all) as the United States of the Netherlands {or United States of
America}。 (92) The division of property; held in common is only another
phrase for the possession of his share by each of the owners singly; and the
surrender by the others of their rights over such share。 (93) This is why
Moses elected captains of the tribes … namely; that when the dominion was
divided; each might take care of his own part; consulting God through the
high priest on the affairs of his tribe; ruling over his army; building and
fortifying cities; appointing judges; attacking the enemies of his own
dominion; and having complete control over all civil and military affairs。
(94) He was not bound to acknowledge any superior judge save God
'Endnote 32'; or a prophet whom God should expressly send。 (95) If he
departed from the worship of God; the rest of the tribes did not arraign him
as a subject; but attacked him as an enemy。 (95) Of this we have examples in
Scripture。 (96) When Joshua was dead; the children of Israel (not a fresh
general…in…chief) consulted God; it being decided that the tribe of Judah
should be the first to attack its enemies; the tribe in question contracted
a single alliance with the tribe of Simeon; for uniting their forces; and
attacking their common enemy; the rest of the tribes not being included in
the alliance (Judges i:1; 2; 3)。 (97) Each tribe separately made war against
its own enemies; and; according to its pleasure; received them as subjects
or allies; though it had been commanded not to spare them on any conditions;
but to destroy them utterly。 (98) Such disobedience met with reproof from
the rest of the tribes; but did not cause the offending tribe to be
arraigned: it was not considered a sufficient reason for proclaiming a civil
war; or interfering in one another's affairs。 (99) But when the tribe of
Benjamin offended against the others; and so loosened the bonds of peace
that none of the confederated tribes could find refuge within its borders;
they attacked it as an enemy; and gaining the victory over it after three
battles; put to death both guilty and innocent; according to the laws of
war: an act which they subsequently bewailed with tardy repentance。
(17:100) These examples plainly confirm what we have said concerning the
rights of each tribe。 (101) Perhaps we shall be asked who elected the
successors to the captains of each tribe; on this point I can gather no
positive information in Scripture; but I conjecture that as the tribes were
divided into families; each headed by its senior member; the senior of all
these heads of families succeeded by right to the office of captain; for
Moses chose from among these seniors his seventy coadjutors; who formed with
himself the supreme council。 (102) Those who administered the government
after the death of Joshua were called elders; and elder is a very common
Hebrew expression in the sense of judge; as I suppose everyone knows;
however; it is not very important for us to make up our minds on this point。
(103) It is enough to have shown that after the death of Moses no one man
wielded all the power of a sovereign; as affairs were not all managed by one
man; nor by a single council; nor by the popular vote; but partly by one
tribe; partly by the rest in equal shares; it is most evident that the
government; after the death of Moses; was neither monarchic; nor
aristocratic; nor popular; but; as we have said; Theocratic。
(104) The reasons for applying this name are:
(17:105) I。 Because the royal seat of government was the Temple; and in
respect to it alone; as we have shown; all the tribes were fellow…citizens;
(106) II。 Because all the people owed allegiance to God; their supreme
Judge; to whom only they had promised implicit obedience in all things。
(17:107) III。 Because the general…in…chief or dictator; when there was need
of such; was elected by none save God alone。 (108) This was expressly
commanded by Moses in the name of God (Deut。 xix:15); and witnessed by the
actual choice of Gideon; of Samson; and of Samuel; wherefrom we may conclude
that the other faithful leaders were chosen in the same manner; though it is
not expressly told us。
(17:109) These preliminaries being stated; it is now time to inquire the
effects of forming a dominion on this plan; and to see whether it so
effectually kept within bounds both rulers and ruled; that the former were
never tyrannical and the latter never rebellious。
(17:110) Those who administer or possess governing power; always try to
surround their high…handed actions with a cloak of legality; and to persuade
the people that they act from good motives; this they are easily able to
effect when they are the sole interpreters of the law; for it is evident
that they are thus able to assume a far greater freedom to carry out their
wishes and desires than if the interpretation if the law is vested in
someone else; or if the laws were so self…evident that no one could be in
doubt as to their meaning。 '17:8' (111) We thus see that the power of evil…
doing was greatly curtailed for the Hebrew captains by the fact that the
whole interpretation of the law was vested in the Levites (Deut。 xxi:5);
who; on their part; had no share in the government; and depended for all
their support and consideration on a correct interpretation of the laws
entrusted to them。 (112) Moreover; the whole people was commanded to come
together at a certain place every seven years and be instructed in the law
by the high…priest; further; each individual was bidden to read the book of
the law through and through continually with scrupulous care。 (Deut。 xxxi:9;
10; and vi:7。) (113) The captains were thus for their own sakes bound to
take great care to administer everything according to the laws laid down;
and well known to all; if they; wished to be held in high honour by; the
people; who would regard them as the administrators of God's dominion; and
as God's vicegerents; otherwise they could not have escaped all the
virulence of theological hatred。 (114) There was another very important
check on the unbridled license of the captains; in the fact; that the army
was formed from the whole body; of the citizens; between the ages of twenty
and sixty; without exception; and that the captains were not able to hire
any foreign soldiery。 (115) This I say was very; important; for it is well
known that princes can oppress their peoples with the single aid of
the soldiery in their pay; while there is nothing more formidable to them
than the freedom of citizen soldiers; who have established the freedom and
glory of their country; by their valour; their toil; and their blood。 (116)
Thus Alexander; when he was about to make wax on Darius; a second time;
after hearing the advice of Parmenio; did not chide him who gave the advice;
but Polysperchon; who was standing by。 (117) For; as Curtius says
(iv。 Para。 13); he did not venture to reproach Parmenio again after having
shortly; before reproved him too sharply。 (118) This freedom of the
Macedonians; which he so dreaded; he was not able to subdue till after the
number of captives enlisted in the army; surpassed that of his own people:
then; but not till then; he gave rein to his anger so long checked by; the
independence of his chief fellow…countrymen。
(17:119) If this independence of citizen soldiers can restrain the princes
of ordinary states who are wont to usurp the whole glory of victories; it
must have been still more effectual against the Hebrew captains; whose
soldiers were fighting; not for the glory of a prince; but for the glory of
God; and who did not go forth to battle till the Divine assent had been
given。
(17:120) We must also remember that the Hebrew captains were associated only
by the bonds of religion: therefore; if any one of them had transgressed;
and begun to violate the Divine right; he might have been treated by the
rest as an enemy and lawfully subdued。
(17:121) An additional check may be found in the fear of a new prophet
arising; for if a man of unblemished life could show by certain signs that