FOOTNOTES:

FOOTNOTES:[30]... If it agreed better with a man's nature that he should hang himself, could any reasons be given for his not hanging himself? Can such a nature possibly exist? If so, I maintain (whether I do or do not grant free will), that such an one, if he sees that he can live more conveniently on the gallows than sitting at his own table, would act most foolishly, if he did not hang himself. So any one who clearly saw that, by committing crimes, he would enjoy a really more perfect and better life and existence, than he could attain by the practice of virtue, would be foolish if he did not act on his convictions. For, with such a perverse human nature as his, crime would become virtue.From a letter to Wm. Blyenbergh(March 13, 1665).[31]It is to be observed that here and in the following I understand by hatred, hatred towards men only.

[30]... If it agreed better with a man's nature that he should hang himself, could any reasons be given for his not hanging himself? Can such a nature possibly exist? If so, I maintain (whether I do or do not grant free will), that such an one, if he sees that he can live more conveniently on the gallows than sitting at his own table, would act most foolishly, if he did not hang himself. So any one who clearly saw that, by committing crimes, he would enjoy a really more perfect and better life and existence, than he could attain by the practice of virtue, would be foolish if he did not act on his convictions. For, with such a perverse human nature as his, crime would become virtue.From a letter to Wm. Blyenbergh(March 13, 1665).

[31]It is to be observed that here and in the following I understand by hatred, hatred towards men only.

By the right and ordinance of Nature, I merely mean those natural laws wherewith we conceive every individual to be conditioned by Nature, so as to live and act in a given way. For instance, fishes are naturally conditioned for swimming, and the greater for devouring the less; therefore fishes enjoy the water, and the greater devour the less by sovereign natural right. For it is certain that Nature, taken in the abstract, has sovereign right to do anything she can; in other words, her right is co-extensive with her power. The power of Nature is the power of God, which has sovereign right over all things; and, inasmuch as the power of Nature is simply the aggregate of the powers of all her individual components, it follows that every individual has sovereign right to do all that he can, in other words, the rights of an individual extend to the utmost limits of his power as it has been conditioned.

Now it is the sovereign law and right of Nature that each individual should endeavor to preserve itself as it is, without regard to anything but itself; therefore this sovereign law and right belongs to every individual, namely, to exist and act according to its natural conditions. We do not here acknowledge any difference between mankind and other individual natural entities, nor between men endowed with reason and those to whom reason is unknown; nor between fools, madmen, and sane men. Whatsoever an individual does by the laws of its nature it has a sovereign right to do, inasmuch as it acts as it was conditioned by Nature, and cannot act otherwise. Wherefore among men, so long as they are considered as living under the sway of Nature, he who does not yet know reason, or who has not yet acquired the habit of virtue, acts solely according to the laws of his desire with as sovereign a right as he who orders his life entirely by the laws of reason.

That is, as the wise man has sovereign right to do all that reason dictates, or to live according to the laws of reason, so also the ignorant and foolish man has sovereign right to do all that desire dictates, or to live according to the laws of desire. This is identical with the teaching of Paul, who acknowledges that previous to the law—that is, so long as men are considered of as living under the sway of Nature, there is no sin.

The natural right of the individual man is thus determined, not by sound reason, but by desire and power. All are not naturally conditioned so as to act according to the laws and rules of reason; nay, on the contrary, all men are born ignorant, and before they can learn the right way of life and acquire the habit of virtue, the greater part of their life, even if they have been well brought up, has passed away. Nevertheless, they are in the meanwhile bound to live and preserve themselves as far as they can by the unaidedimpulses of desire. Nature has given them no other guide, and has denied them the present power of living according to sound reason; so that they are no more bound to live by the dictates of an enlightened mind than a cat is bound to live by the laws of the nature of a lion.

Whatsoever, therefore, an individual, considered as under the sway of Nature, thinks useful for himself, whether led by sound reason or impelled by the passions, that he has a sovereign right to seek and to take for himself as he best can, whether by force, cunning, entreaty, or any other means; consequently he may regard as an enemy any one who hinders the accomplishment of his purpose.

It follows from what we have said that the right and ordinance of Nature, under which all men are born, and under which they mostly live, only prohibits such things as no one desires, and no one can attain: it does not forbid strife, nor hatred, nor anger, nor deceit, nor, indeed, any of the means suggested by desire.

This we need not wonder at, for Nature is not bounded by the laws of human reason, which aims only at man's true benefit and preservation. Her limits are infinitely wider, and have reference to the eternal order of Nature, wherein man is but a speck. It is by the necessity of this alone that all individuals are conditioned for living and acting in a particular way. If anything, therefore, in Nature seems to us ridiculous, absurd, or evil, it is because we only know in part, and are almost entirely ignorant of the order and interdependence of Nature as a whole, and also becausewe want everything to be arranged according to the dictates of our human reason; in reality that which reason considers evil is not evil in respect to the order and laws of Nature as a whole, but only in respect to the laws of our reason.

Nevertheless, no one can doubt that it is much better for us to live according to the laws and assured dictates of reason, for, as we said, they have men's true good for their object. Moreover, every one wishes to live as far as possible securely beyond the reach of fear, and this would be quite impossible so long as every one did everything he liked, and reason's claim was lowered to a par with those of hatred and anger. There is no one who is not ill at ease in the midst of enmity, hatred, anger and deceit, and who does not seek to avoid them as much as he can. When we reflect that men without mutual help, or the aid of reason, must needs live most miserably, ... we shall plainly see that men must necessarily come to an agreement to live together as securely and well as possible if they are to enjoy, as a whole, the rights which naturally belong to them as individuals, and their life should be no more conditioned by the force and desire of individuals, but by the power and will of the whole body. This end they will be unable to attain if desire be their only guide, for by the laws of desire each man is drawn in a different direction; they must, therefore, most firmly decree and establish that they will be guided in everything by reason, which nobody will dare openly to repudiate lest he should be taken for a madman, and will restrain any desire which is injurious to a man's fellows, that they willdo to all as they would be done by, and that they will defend their neighbor's rights as their own.

How such a compact as this should be entered into, how ratified and established, we will now inquire.

Now it is a universal law of human nature that no one ever neglects anything which he judges to be good, except with the hope of gaining a greater good, or from the fear of a greater evil; nor does any one endure an evil except for the sake of avoiding a greater evil, or gaining a greater good. That is, every one will, of two goods, choose that which he thinks the greatest; and, of two evils that which he thinks the least. I say advisedly that which he thinks the greatest or the least, for it does not necessarily follow that he judges right. This law is so deeply implanted in the human mind that it ought to be counted among eternal truths and axioms.

As a necessary consequence of the principle just enunciated, no one can honestly promise to forego the right which he has over all things,[33]and in general no one will abide by his promises, unless under the fear of a greater evil, or the hope of a greater good. An example will make the matter clearer. Suppose that a robber forces me to promise that I will give him my goods at his will and pleasure. It is plain (inasmuch as my natural right is, as I have shown, co-extensive with my power) that if I can free myself from thisrobber by stratagem, by assenting to his demands, I have the natural right to do so, and to pretend to accept his conditions. Or, again, suppose I have genuinely promised some one that for the space of twenty days I will not taste food or any nourishment; and suppose I afterwards find that my promise was foolish, and cannot be kept without very great injury to myself; as I am bound by natural law and right to choose the least of two evils, I have complete right to break any compact, and act as if my promise had never been uttered. I say that I should have perfect natural right to do so, whether I was actuated by true and evident reason, or whether I was actuated by mere opinion in thinking I had promised rashly; whether my reasons were true or false, I should be in fear of a greater evil, which, by the ordinance of Nature, I should strive to avoid by every means in my power.

We may, therefore, conclude that a compact is only made valid by its utility, without which it becomes null and void. It is therefore foolish to ask a man to keep his faith with us forever, unless we also endeavor that the violation of the compact we enter into shall involve for the violator more harm than good. This consideration should have very great weight in forming a state. However, if all men could be easily led by reason alone, and could recognize what is best and most useful for a state, there would be no one who would not forswear deceit, for every one would keep most religiously to their compact in their desire for the chief good, namely, the preservation of the state, and would cherish good faith above all things as the shield and buckler of the commonwealth. However, it is far from being the case that all men can always be easily led by reason alone; every one is drawn away by his pleasure, while avarice, ambition, envy, hatred, and the like so engross the mind that reason has no place therein. Hence, though men make promises with all the appearances of good faith, and agree that they will keep to their engagement, no one can absolutely rely on another man's promise unless there is something behind it. Every one has by Nature a right to act deceitfully, and to break his compacts, unless he be restrained by the hope of some greater good, or the fear of some greater evil.

However, as we have shown that the natural right of the individual is only limited by his power, it is clear that by transferring, either willingly or under compulsion, this power into the hands of another, he in so doing necessarily cedes also a part of his right; and, further, that the sovereign right over all men belongs to him who has sovereign power, wherewith he can compel men by force, or restrain them by threats of the universally feared punishment of death. Such sovereign right he will retain only so long as he can maintain his power of enforcing his will; otherwise he will totter on his throne, and no one who is stronger than he will be bound unwillingly to obey him.

In this manner a society can be formed without any violation of natural right, and the covenant can always be strictly kept—that is, if each individual hands over the whole of his power to the body politic, the latter will then possess sovereign natural right over all things; that is, it will have sole and unquestioned dominion, and every one will be bound to obey, underpain of the severest punishment. A body politic of this kind is called a Democracy, which may be defined as a society which wields all its power as a whole. The sovereign power is not restrained by any laws, but every one is bound to obey it in all things; such is the state of things implied when men either tacitly or expressly handed over to it all their power of self-defense, or in other words, all their right. For if they had wished to retain any right for themselves, they ought to have taken precautions for its defense and preservation. As they have not done so, and indeed could not have done so without dividing and consequently ruining the state, they placed themselves absolutely at the mercy of the sovereign power; and, therefore, having acted (as we have shown) as reason and necessity demanded, they are obliged to fulfill the commands of the sovereign power, however absurd these may be, else they will be public enemies, and will act against reason, which urges the preservation of the state as a primary duty. For reason bids us choose the lesser of two evils.

Furthermore, this danger of submitting absolutely to the dominion and will of another, is one which may be incurred with a light heart: for we have shown that sovereigns only possess this right of imposing their will, so long as they have the full power to enforce it. If such power be lost their right to command is lost also, or lapses to those who have assumed it and can keep it. Thus it is very rare for sovereigns to impose thoroughly irrational commands, for they are bound to consult their own interests, and retain their power by consulting the public good and acting according tothe dictates of reason, as Seneca says, "violenta imperia nemo continuit diu." No one can long retain a tyrant's sway.

In a democracy, irrational commands are still less to be feared: for it is almost impossible that the majority of a people, especially if it be a large one, should agree in an irrational design: and, moreover, the basis and aim of a democracy is to avoid the desires as irrational, and to bring men as far as possible under the control of reason, so that they may live in peace and harmony. If this basis be removed the whole fabric falls to ruin.

Such being the ends in view for the sovereign power, the duty of subjects is, as I have said, to obey its commands, and to recognize no right save that which it sanctions.

It will, perhaps, be thought that we are turning subjects into slaves, for slaves obey commands and free men live as they like; but this idea is based on a misconception, for the true slave is he who is led away by his pleasures and can neither see what is good for him nor act accordingly: he alone is free who lives with free consent under the entire guidance of reason.

Action in obedience to orders does take away freedom in a certain sense, but it does not, therefore, make a man a slave; all depends on the object of the action. If the object of the action be the good of the state, and not the good of the agent, the latter is a slave and does himself no good; but in a state or kingdom where the weal of the whole people, and not that of the ruler, is the supreme law, obedience to the sovereign powerdoes not make a man a slave, of no use to himself, but a subject. Therefore, that state is the freest whose laws are founded on sound reason, so that every member of it may, if he will, be free;[34]that is, live with full consent under the entire guidance of reason.

Children, though they are bound to obey all the commands of their parents, are yet not slaves; for the commands of parents look generally to the children's benefit.

We must, therefore, acknowledge a great difference between a slave, a son, and a subject; their positions may be thus defined. A slave is one who is bound to obey his master's orders, though they are given solely in the master's interest; a son is one who obeys his father's orders, given in his own interest; a subject obeys the orders of the sovereign power, given for the common interest, wherein he is included.

I think I have now shown sufficiently clearly the basis of a democracy. I have especially desired to do so, for I believe it to be of all forms of government the most natural, and the most consonant with individual liberty. In it no one transfers his natural right so absolutely that he has no further voice in affairs; he only hands it over to the majority of a society, whereof he is a unit. Thus all men remain, as they were in the state of Nature, equals.

This is the only form of government which I have treated of at length, for it is the one most akin to my purpose of showing the benefits of freedom in a state.

I may pass over the fundamental principles of other forms of government, for we may gather from what has been said whence their right arises without going into its origin. The possessor of sovereign power, whether he be one, or many, or the whole body politic, has the sovereign right of imposing any commands he pleases; and he who has either voluntarily, or under compulsion, transferred the right to defend him to another, has, in so doing, renounced his natural right and is therefore bound to obey, in all things, the commands of the sovereign power; and will be bound so to do so long as the king, or nobles, or the people preserve the sovereign power which formed the basis of the original transfer. I need add no more.

The bases and rights of dominion being thus displayed, we shall readily be able to define private civil right, wrong, justice, and injustice, with their relations to the state; and also to determine what constitutes an ally, or an enemy, or the crime of treason.

By private civil right we can only mean the liberty every man possesses to preserve his existence, a liberty limited by the edicts of the sovereign power, and preserved only by its authority. For when a man has transferred to another his right of living as he likes, which was only limited by his power, that is, has transferred his liberty and power of self-defense, he is bound to live as that other dictates, and to trust to him entirely for his defense. Wrong takes place when a citizen, or subject, is forced by another to undergosome loss or pain in contradiction to the authority of the law, or the edict of the sovereign power.

Wrong is conceivable only in an organized community; nor can it ever accrue to subjects from any act of the sovereign, who has the right to do what he likes. It can only arise, therefore, between private persons, who are bound by law and right not to injure one another. Justice consists in the habitual rendering to every man his lawful due; injustice consists in depriving a man, under the pretense of legality, of what the laws, rightly interpreted, would allow him. These last are also called equity and inequity, because those who administer the laws are bound to show no respect of persons, but to account all men equal, and to defend every man's right equally, neither envying the rich nor despising the poor.

The men of two states become allies, when for the sake of avoiding war, or for some other advantage, they covenant to do each other no hurt, but, on the contrary, to assist each other if necessity arises, each retaining his independence. Such a covenant is valid so long as its basis of danger or advantage is in force: no one enters into an engagement, or is bound to stand by his compacts unless there be a hope of some accruing good, or the fear of some evil: if this basis be removed the compact thereby becomes void: this has been abundantly shown by experience. For although different states make treaties not to harm one another, they always take every possible precaution against such treaties being broken by the stronger party, and do not rely on the compact, unless there is a sufficiently obvious object and advantage to both parties in observing it. Otherwise they would fear a breach of faith, nor would there be any wrong done thereby; for who in his proper senses, and aware of the right of the sovereign power, would trust in the promises of one who has the will and the power to do what he likes, and who aims solely at the safety and advantage of his dominion? Moreover, if we consult loyalty and religion, we shall see that no one in possession of power ought to abide by his promises to the injury of his dominion; for he cannot keep such promises without breaking the engagement he made with his subjects, by which both he and they are most solemnly bound.

An enemy is one who lives apart from the state, and does not recognize its authority either as a subject or as an ally. It is not hatred which makes a man an enemy, but the rights of the state. The rights of the state are the same in regard to him who does not recognize by any compact the state authority, as they are against him who has done the state an injury. It has the right to force him, as best it can, either to submit, or to contract an alliance.

Lastly, treason can only be committed by subjects, who by compact, either tacit or expressed, have transferred all their rights to the state. A subject is said to have committed this crime when he has attempted, for whatever reason, to seize the sovereign power, or to place it in different hands. I say,has attempted, for if punishment were not to overtake him till he had succeeded, it would often come too late, the sovereign rights would have been acquired or transferred already.

I also say,has attempted, for whatever reasons, to seize the sovereign power, and I recognize no difference whether such an attempt should be followed by public loss or public gain. Whatever be his reason for acting, the crime is treason, and he is rightly condemned. In war, every one would admit the justice of his sentence. 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. 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. 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, any one 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 sovereign's right, and would be rightly punished for treason.

In order that every scruple may be removed, we may now answer the inquiry, whether our former assertion that every one 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. For as all men absolutely (whether they be less endowed with reason or more) are equally bound by theDivine command to love their neighbor as themselves, it may be said that they cannot, without wrong, do injury to any one, or live according to their desires.

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. No one knows by nature that he owes any obedience to God,[35]nor can he attain thereto by any exercise of his reason, but solely by revelation confirmed by signs. Therefore, previous to revelation, no one is bound by a Divine law and right of which he is necessarily in ignorance. 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. 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....

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.

In order to clear up the whole difficulty, which arises rather concerning the natural right than the natural state, I maintain that every one 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. He is thus bound to live according to his own laws, not according to any one else's, and to recognize no man as a judge, or as a superior in religion. 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 any one 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. Even then he does not recognize a man, but God Himself as his judge.

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. 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.

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....

FOOTNOTES:[32]From theTr. Th.-P., ch. xvi, same title.[33]In the state of social life, where general right determines what is good or evil, stratagem is rightly distinguished as of two kinds, good and evil. But in the state of Nature, where every man is his own judge, possessing the absolute right to lay down laws for himself, to interpret them as he pleases, or to abrogate them if he thinks it convenient, it is not conceivable that stratagem should be evil.[34]Whatever be the social state a man finds himself in, he may be free. For certainly a man is free, in so far as he is led by reason. Now reason (though Hobbes thinks otherwise) is always on the side of peace, which cannot be attained unless the general laws of the state be respected. Therefore the more a man is led by reason—in other words, the more he is free, the more constantly will he respect the laws of his country, and obey the commands of the sovereign power to which he is subject.[35]When Paul says that men have in themselves no refuge, he speaks as a man: for in the ninth chapter of the same Epistle he expressly teaches that God has mercy on whom He will, and that men are without excuse, only because they are in God's power like clay in the hands of a potter, who out of the same lump makes vessels, some for honor and some for dishonor, not because they have been forewarned. As regards the Divine natural law whereof the chief commandment is, as we have said, to love God, I have called it a law in the same sense, as philosophers style laws those general rules of Nature, according to which everything happens. For the love of God is not a state of obedience: it is a virtue which necessarily exists in a man who knows God rightly. Obedience has regard to the will of a ruler, not to necessity and truth. Now as we are ignorant of the nature of God's will, and on the other hand know that everything happens solely by God's power, we cannot, except through revelation, know whether God wishes in any way to be honored as a sovereign.Again; we have shown that the Divine rights appear to us in the light of rights or commands, only so long as we are ignorant of their cause: as soon as their cause is known, they cease to be rights, and we embrace them no longer as rights but as eternal truths; in other words, obedience passes into love of God, which emanates from true knowledge as necessarily as light emanates from the sun. Reason then leads us to love God, but cannot lead us to obey Him; for we cannot embrace the commands of God as Divine, while we are in ignorance of their cause, neither can we rationally conceive God as a sovereign laying down laws as a sovereign.

[32]From theTr. Th.-P., ch. xvi, same title.

[33]In the state of social life, where general right determines what is good or evil, stratagem is rightly distinguished as of two kinds, good and evil. But in the state of Nature, where every man is his own judge, possessing the absolute right to lay down laws for himself, to interpret them as he pleases, or to abrogate them if he thinks it convenient, it is not conceivable that stratagem should be evil.

[34]Whatever be the social state a man finds himself in, he may be free. For certainly a man is free, in so far as he is led by reason. Now reason (though Hobbes thinks otherwise) is always on the side of peace, which cannot be attained unless the general laws of the state be respected. Therefore the more a man is led by reason—in other words, the more he is free, the more constantly will he respect the laws of his country, and obey the commands of the sovereign power to which he is subject.

[35]When Paul says that men have in themselves no refuge, he speaks as a man: for in the ninth chapter of the same Epistle he expressly teaches that God has mercy on whom He will, and that men are without excuse, only because they are in God's power like clay in the hands of a potter, who out of the same lump makes vessels, some for honor and some for dishonor, not because they have been forewarned. As regards the Divine natural law whereof the chief commandment is, as we have said, to love God, I have called it a law in the same sense, as philosophers style laws those general rules of Nature, according to which everything happens. For the love of God is not a state of obedience: it is a virtue which necessarily exists in a man who knows God rightly. Obedience has regard to the will of a ruler, not to necessity and truth. Now as we are ignorant of the nature of God's will, and on the other hand know that everything happens solely by God's power, we cannot, except through revelation, know whether God wishes in any way to be honored as a sovereign.Again; we have shown that the Divine rights appear to us in the light of rights or commands, only so long as we are ignorant of their cause: as soon as their cause is known, they cease to be rights, and we embrace them no longer as rights but as eternal truths; in other words, obedience passes into love of God, which emanates from true knowledge as necessarily as light emanates from the sun. Reason then leads us to love God, but cannot lead us to obey Him; for we cannot embrace the commands of God as Divine, while we are in ignorance of their cause, neither can we rationally conceive God as a sovereign laying down laws as a sovereign.

Again; we have shown that the Divine rights appear to us in the light of rights or commands, only so long as we are ignorant of their cause: as soon as their cause is known, they cease to be rights, and we embrace them no longer as rights but as eternal truths; in other words, obedience passes into love of God, which emanates from true knowledge as necessarily as light emanates from the sun. Reason then leads us to love God, but cannot lead us to obey Him; for we cannot embrace the commands of God as Divine, while we are in ignorance of their cause, neither can we rationally conceive God as a sovereign laying down laws as a sovereign.

Under every dominion the state is said to be Civil; but the entire body subject to a dominion is called a Commonwealth, and the general business of the dominion, subject to the direction of him that holds it, has the name of Affairs of State. Next we call men Citizens, as far as they enjoy by the civil law all the advantages of the commonwealth, and Subjects, as far as they are bound to obey its ordinances or laws. Lastly ... of the civil state there are three kinds—democracy, aristocracy and monarchy. Now, before I begin to treat of each kind separately, I will first deduce all the properties of the civil state in general. And of these, first of all comes to be considered the supreme right of the commonwealth, or the right of the supreme authorities.

It is clear that the right of the supreme authorities is nothing else than simple natural right, limited, indeed, by the power, not of every individual, but of the multitude, which is guided, as it were, by one mind—that is, as each individual in the state of Nature, sothe body and mind of a dominion have as much right as they have power. And thus each single citizen or subject has the less right, the more the commonwealth exceeds him in power, and each citizen consequently does and has nothing but what he may by the general decree of the commonwealth defend.

If the commonwealth grant to any man the right, and therewith the authority (for else it is but a gift of words) to live after his own mind, by that very act it abandons its own right, and transfers the same to him, to whom it has given such authority. But if it has given this authority to two or more, I mean authority to live each after his own mind, by that very act it has divided the dominion, and if, lastly, it has given this same authority to every citizen, it has thereby destroyed itself, and there remains no more a commonwealth, but everything returns to the state of Nature; all of which is very manifest from what goes before. And thus it follows, that it can by no means be conceived, that every citizen should by the ordinance of the commonwealth live after his own mind, and accordingly this natural right of being one's own judge ceases in the civil state. I say expressly "by the ordinance of the commonwealth," for if we weigh the matter aright, the natural right of every man does not cease in the civil state. For man, alike in the natural and in the civil state, acts according to the laws of his own nature, and consults his own interest. Man, I say, in each state is led by fear or hope to do or leave undone this or that; but the main difference between the two states is this, that in the civil state all fear the same things, and all have the same ground ofsecurity, and manner of life; and this certainly does not do away with the individual's faculty of judgment. For he that is minded to obey all the commonwealth's orders, whether through fear of its power or through love of quiet, certainly consults after his own heart his own safety and interest.

Moreover, we cannot even conceive, that every citizen should be allowed to interpret the commonwealth's decrees or laws. For were every citizen allowed this, he would thereby be his own judge, because each would easily be able to give a color of right to his own deeds, which by the last section is absurd.

We see, then, that every citizen depends not on himself, but on the commonwealth, all whose commands he is bound to execute, and has no right to decide, what is equitable or iniquitous, just or unjust. But, on the contrary, as the body of the dominion should, so to speak, be guided by one mind, and consequently the will of the commonwealth must be taken to be the will of all; what the state decides to be just and good must be held to be so decided by every individual. And so, however iniquitous the subject may think the commonwealth's decisions, he is none the less bound to execute them.

But, it may be objected, is it not contrary to the dictate of reason to subject oneself wholly to the judgment of another, and, consequently, is not the civil state repugnant to reason? Whence it would follow that the civil state is irrational, and could only be created by men destitute of reason, not at all by such as are led by it. But since reason teaches nothing contrary to Nature, sound reason cannot thereforedictate that every one should remain independent, so long as men are liable to passions, that is, reason pronounces against such independence. Besides, reason altogether teaches to seek peace, and peace cannot be maintained, unless the commonwealth's general laws be kept unbroken. And so, the more a man is guided by reason, that is, the more he is free, the more constantly he will keep the laws of the commonwealth, and execute the commands of the supreme authority, whose subject he is. Furthermore, the civil state is naturally ordained to remove general fear, and prevent general sufferings, and therefore pursue above everything the very end, after which every one, who is led by reason, strives, but in the natural state strives vainly. Wherefore, if a man, who is led by reason, has sometimes to do by the commonwealth's order what he knows to be repugnant to reason, that harm is far compensated by the good, which he derives from the existence of a civil state. For it is reason's own law, to choose the less of two evils; and accordingly we may conclude that no one is acting against the dictate of his own reason, so far as he does what by the law of the commonwealth is to be done. And this any one will more easily grant us, after we have explained how far the power and consequently the right of the commonwealth extends.

For, first of all, it must be considered that, as in the state of Nature the man who is led by reason is most powerful and most independent, so too that commonwealth will be most powerful and most independent which is founded and guided by reason. For the right of the commonwealth is determined by thepower of the multitude, which is led, as it were, by one mind. But this unity of mind can in no wise be conceived, unless the commonwealth pursues chiefly the very end which sound reason teaches is to the interest of all men.

In the second place it comes to be considered that subjects are so far dependent, not on themselves but on the commonwealth, as they fear its power or threats, or as they love the civil state. Whence it follows, that such things, as no one can be induced to do by rewards or threats, do not fall within the rights of the commonwealth. For instance, by reason of his faculty of judgment, it is in no man's power to believe. For by what rewards or threats can a man be brought to believe that the whole is not greater than its part, or that God does not exist, or that that is an infinite being, which he sees to be finite, or, generally, anything contrary to his sense or thought? So, too, by what rewards or threats can a man be brought to love one whom he hates, or to hate one whom he loves? And to this head must likewise be referred such things as are so abhorrent to human nature, that it regards them as actually worse than any evil, as that a man should be witness against himself, or torture himself, or kill his parents, or not strive to avoid death, and the like, to which no one can be induced by rewards or threats. But if we still choose to say that the commonwealth has the right or authority to order such things, we can conceive of it in no other sense than that in which one might say that a man has the right to be mad or delirious. For what but a delirious fancy would such a right be, as could bind no one? And here I amspeaking expressly of such things as cannot be subject to the right of a commonwealth and are abhorrent to human nature in general. For the fact that a fool or madman can by no rewards or threats be induced to execute orders, or that this or that person, because he is attached to this or that religion, judges the laws of a dominion worse than any possible evil, in no wise makes void the laws of the commonwealth, since by them most of the citizens are restrained. And so, as those who are without fear or hope are so far independent, they are, therefore, enemies of the dominion, and may lawfully be coerced by force.

Thirdly, and lastly, it comes to be considered that those things are not so much within the commonwealth's right, which cause indignation in the majority. For it is certain, that by the guidance of Nature men conspire together, either through common fear, or with the desire to avenge some common hurt; and as the right of the commonwealth is determined by the common power of the multitude, it is certain that the power and right of the commonwealth are so far diminished, as it gives occasion for many to conspire together. There are certainly some subjects of fear for a commonwealth, and as every separate citizen or in the state of Nature every man, so a commonwealth is the less independent, the greater reason it has to fear. So much for the right of supreme authorities over subjects. Now before I treat of the right of the said authorities as against others, we had better resolve a question commonly mooted about religion.

For it may be objected to us, Do not the civil state, and the obedience of subjects, such as we have shownis required in the civil state, do away with religion, whereby we are bound to worship God? But if we consider the matter, as it really is, we shall find nothing that can suggest a scruple. For the mind, so far as it makes use of reason, is dependent, not on the supreme authorities, but on itself. And so the true knowledge and the love of God cannot be subject to the dominion of any, nor yet can charity towards one's neighbor. And if we further reflect that the highest exercise of charity is that which aims at keeping peace and joining in unity, we shall not doubt that he does his duty, who helps every one, so far as the commonwealth's laws, that is, so far as unity and quiet allow. As for external rites, it is certain, that they can do no good or harm at all in respect of the true knowledge of God, and the love which necessarily results from it; and so they ought not to be held of such importance, that it should be thought worth while on their account to disturb public peace and quiet. Moreover, it is certain that I am not a champion of religion by the law of Nature, that is, by the divine decree. For I have no authority, as once the disciples of Christ had, to cast out unclean spirits and work miracles; which authority is yet so necessary to the propagating of religion in places where it is forbidden, that without it one not only, as they say, wastes one's time[37]and trouble, but causes besides very many inconveniences, whereof all ages have seen most mournful examples. Every one therefore, wherever he may be, can worship God with true religion, and mind his own business,which is the duty of a private man. But the care of propagating religion should be left to God, or the supreme authorities, upon whom alone falls the charge of affairs of state. But I return to my subject.

After explaining the right of supreme authorities over citizens and the duty of subjects, it remains to consider the right of such authorities against the world at large, which is now easily intelligible from what has been said. For since the right of the supreme authorities is nothing else but simple natural right, it follows that two dominions stand towards each other in the same relation as do two men in the state of Nature, with this exception, that a commonwealth can provide against being oppressed by another; which a man in the state of Nature cannot do, seeing that he is overcome daily by sleep, often by disease or mental infirmity, and in the end by old age, and is besides liable to other inconveniences, from which a commonwealth can secure itself.

A commonwealth, then, is so far independent, as it can plan and provide against oppression by another, and so far dependent on another commonwealth, as it fears that other's power, or is hindered by it from executing its own wishes, or, lastly, as it needs its help for its own preservation or increase. For we cannot at all doubt, that if two commonwealths are willing to offer each other mutual help, both together are more powerful, and therefore have more right, than either alone.

But this will be more clearly intelligible if we reflect that two commonwealths are naturally enemies. For men in the state of Nature are enemies. Those,then, who stand outside a commonwealth, and retain their natural rights, continue enemies. Accordingly, if one commonwealth wishes to make war on another and employ extreme measures to make that other dependent on itself, it may lawfully make the attempt, since it needs but the bare will of the commonwealth for war to be waged. But concerning peace it can decide nothing, save with the concurrence of another commonwealth's will. When it follows that laws of war regard every commonwealth by itself, but laws of peace regard not one, but at the least two commonwealths, which are therefore called "contracting parties."

This "contract" remains so long unmoved as the motive for entering into it, that is, fear of hurt or hope of gain, subsists. But take away from either commonwealth this hope or fear, and it is left independent, and the link, whereby the commonwealths were mutually bound, breaks of itself. And therefore every commonwealth has the right to break its contract, whenever it chooses, and cannot be said to act treacherously or perfidiously in breaking its word, as soon as the motive of hope or fear is removed. For every contracting party was on equal terms in this respect, that whichever could first free itself of fear should be independent, and make use of its independence after its own mind; and, besides, no one makes a contract respecting the future, but on the hypothesis of certain precedent circumstances. But when these circumstances change, the reason of policy applicable to the whole position changes with them; and therefore every one of the contracting commonwealths retains the right of consulting its own interest, and consequently endeavors, as far as possible, to be free from fear and thereby independent, and to prevent another from coming out of the contract with greater power. If then a commonwealth complains that it has been deceived, it cannot properly blame the bad faith of another contracting commonwealth, but only its own folly in having entrusted its own welfare to another party, that was independent, and had for its highest law the welfare of its own dominion.

To commonwealths, which have contracted a treaty of peace, it belongs to decide the questions which may be mooted about the terms or rules of peace, whereby they have mutually bound themselves, inasmuch as laws of peace regard not one commonwealth, but the commonwealths which contract taken together. But if they cannot agree together about the conditions, they by that very fact return to a state of war.

The more commonwealths there are, that have contracted a joint treaty of peace, the less each of them by itself is an object of fear to the remainder, or the less it has the authority to make war. But it is so much the more bound to observe the conditions of peace; that is, the less independent, and the more bound to accommodate itself to the general will of the contracting parties.

But the good faith, inculcated by sound reason and religion, is not hereby made void; for neither reason nor Scripture teaches one to keep one's word in every case. For if I have promised a man, for instance, to keep safe a sum of money he has secretly deposited with me, I am not bound to keep my word, from thetime that I know or believe the deposit to have been stolen, but I shall act more rightly in endeavoring to restore it to its owners. So likewise, if the supreme authority has promised another to do something, which subsequently occasion or reason shows or seems to show is contrary to the welfare of its subjects, it is surely bound to break its word. As then Scripture only teaches us to keep our word in general, and leaves to every individual's judgment the special cases of exception, it teaches nothing repugnant to what we have just proved.

But that I may not have so often to break the thread of my discourse, and to resolve hereafter similar objections, I would have it known that all this demonstration of mine proceeds from the necessity of human nature, considered in what light you will—I mean, from the universal effort of all men after self-preservation, an effort inherent in all men, whether learned or unlearned. And therefore, however one considers men are led, whether by passion or by reason, it will be the same thing; for the demonstration, as we have said, is of universal application.

The right of the supreme authorities is limited by their power; the most important part of that right is, that they are, as it were, the mind of the dominion, whereby all ought to be guided; and accordingly, such authorities alone have the right of deciding what is good, evil, equitable or iniquitous, that is, what mustbe done or left undone by the subjects severally or collectively. And, accordingly, they have the sole right of laying down laws, and of interpreting the same, whenever their meaning is disputed, and of deciding whether a given case is in conformity with or violation of the laws; and, lastly, of waging war, and of drawing up and offering propositions for peace, or of accepting such when offered.

As all these functions, and also the means required to execute them, are matters which regard the whole body of the dominion, that is, are affairs of state, it follows that affairs of state depend on the direction of him only who holds supreme dominion. And hence it follows that it is the right of the supreme authority alone to judge the deeds of every individual, and demand of him an account of the same; to punish criminals, and decide questions of law between citizens, or appoint jurists acquainted with the existing laws, to administer these matters on its behalf; and, further, to use and order all means to war and peace, as to found and fortify cities, levy soldiers, assign military posts, and order what it would have done, and, with a view to peace, to send and give audience to ambassadors; and, finally, to levy the costs of all this.

Since, then, it is the right of the supreme authority alone to handle public matters, or choose officials to do so, it follows that that subject is a pretender to the dominion, who, without the supreme council's knowledge, enters upon any public matter, although he believe that his design will be to the best interest of the commonwealth.

But it is often asked, whether the supreme authorityis bound by laws, and, consequently, whether it can do wrong. Now as the words "law" and "wrong-doing" often refer not merely to the laws of a commonwealth, but also to the general rules which concern all natural things, and especially to the general rules of reason, we cannot, without qualification, say that the commonwealth is bound by no laws, or can do no wrong. For were the commonwealth bound by no laws or rules, which removed, the commonwealth were no commonwealth, we should have to regard it not as a natural thing, but as a chimera. A commonwealth then does wrong, when it does, or suffers to be done, things which may be the cause of its own ruin; and we can say that it then does wrong, in the sense in which philosophers or doctors say that Nature does wrong; and in this sense we can say, that a commonwealth does wrong, when it acts against the dictate of reason. For a commonwealth is most independent when it acts according to the dictate of reason; so far, then, as it acts against reason, it fails itself, or does wrong. And we shall be able more easily to understand this if we reflect that when we say, that a man can do what he will with his own, this authority must be limited not only by the power of the agent, but by the capacity of the object. If, for instance, I say that I can rightfully do what I will with this table, I do not certainly mean that I have the right to make it eat grass. So, too, though we say, that men depend not on themselves, but on the commonwealth, we do not mean, that men lose their human nature and put on another; nor yet that the commonwealth has the right to make men wish for this or that, or (what is just as impossible)regard with honor things which excite ridicule or disgust. But it is implied that there are certain intervening circumstances which supposed, one likewise supposes the reverence and fear of the subjects towards the commonwealth, and which abstracted, one makes abstraction likewise of that fear and reverence, and therewith of the commonwealth itself. The commonwealth, then, to maintain its independence, is bound to preserve the causes of fear and reverence, otherwise it ceases to be a commonwealth. For the person or persons that hold dominion can no more combine with the keeping up of majesty the running with harlots drunk or naked about the streets, or the performances of a stage-player, or the open violation or contempt of laws passed by themselves, than they can combine existence with non-existence. But to proceed to slay and rob subjects, ravish maidens, and the like, turns fear into indignation and the civil state into a state of enmity.

We see, then, in what sense we may say, that a commonwealth is bound by laws and can do wrong. But if by "law" we understand civil law, and by "wrong" that which, by civil law, is forbidden to be done, that is, if these words be taken in their proper sense, we cannot at all say that a commonwealth is bound by laws or can do wrong. For the maxims and motives of fear and reverence which a commonwealth is bound to observe in its own interest, pertain not to civil jurisprudence, but to the law of Nature, since they cannot be vindicated by the civil law, but by the law of war. And a commonwealth is bound by them in no other sense than that in which in thestate of Nature a man is bound to take heed that he preserve his independence and be not his own enemy, lest he should destroy himself; and in this taking heed lies not the subjection, but the liberty of human nature. But civil jurisprudence depends on the mere decree of the commonwealth, which is not bound to please any but itself, nor to hold anything to be good or bad, but what it judges to be such for itself. And, accordingly, it has not merely the right to avenge itself, or to lay down and interpret laws, but also to abolish the same, and to pardon any guilty person out of the fullness of its power.

Contracts or laws, whereby the multitude transfers its right to one council or man, should without doubt be broken, when it is expedient for the general welfare to do so. But to decide this point, whether, that is, it be expedient for the general welfare to break them or not, is within the right of no private person, but of him only who holds dominion; therefore of these laws he who holds dominion remains sole interpreter. Moreover, no private person can by right vindicate these laws, and so they do not really bind him who holds dominion. Notwithstanding, if they are of such a nature that they cannot be broken without at the same time weakening the commonwealth's strength, that is, without at the same time changing to indignation the common fear of most of the citizens, by this very fact the commonwealth is dissolved, and the contract comes to an end; and therefore such contract is vindicated not by the civil law, but by the law of war. And so he who holds dominion is not bound to observe the terms of the contract by any other cause than that,which bids a man in the state of Nature to beware of being his own enemy, lest he should destroy himself.

We have shown that man is then most independent when he is most led by reason, and, in consequence, that that commonwealth is most powerful and most independent which is founded and guided by reason. But, as the best plan of living, so as to assure to the utmost self-preservation, is that which is framed according to the dictate of reason, therefore it follows that that in every kind is best done, which a man or commonwealth does, so far as he or it is in the highest degree independent. For it is one thing to till a field by right, and another to till it in the best way. One thing, I say, to defend or preserve oneself, and to pass judgment by right, and another to defend or preserve oneself in the best way, and to pass the best judgment; and, consequently, it is one thing to have dominion and care of affairs of state by right, and another to exercise dominion and direct affairs of state in the best way. And so, as we have treated of the right of every commonwealth in general, it is time to treat of the best state of every dominion.

Now the quality of the state of any dominion is easily perceived from the end of the civil state, which end is nothing else but peace and security of life. And therefore that dominion is the best, where men pass their lives in unity, and the laws are kept unbroken. For it is certain, that seditions, wars, and contempt orbreach of the laws are not so much to be imputed to the wickedness of the subjects, as to the bad state of a dominion. For men are not born fit for citizenship, but must be made so. Besides, men's natural passions are everywhere the same; and if wickedness more prevails, and more offenses are committed in one commonwealth than in another, it is certain that the former has not enough pursued the end of unity, nor framed its laws with sufficient forethought; and that, therefore, it has failed in making quite good its right as a commonwealth. For a civil state, which has not done away with the causes of seditions, where war is a perpetual object of fear, and where, lastly, the laws are often broken, differs but little from the mere state of Nature, in which every one lives after his own mind at the great risk of his life.

But as the vices and inordinate license and contumacy of subjects must be imputed to the commonwealth, so, on the other hand, their virtue and constant obedience to the laws are to be ascribed in the main to the virtue and perfect right of the commonwealth. And so it is deservedly reckoned to Hannibal as an extraordinary virtue, that in his army there never arose a sedition.

Of a commonwealth, whose subjects are but hindered by terror from taking arms, it should rather be said, that it is free from war, than that it has peace. For peace is not mere absence of war, but is a virtue that springs from force of character: for obedience is the constant will to execute what, by the general decree of the commonwealth, ought to be done. Besides, that commonwealth whose peace depends on the sluggishness of its subjects, that are led about like sheep to learn but slavery, may more properly be called a desert than a commonwealth.

When, then, we call that dominion best, where men pass their lives in unity, I understand a human life, defined not by mere circulation of the blood, and other qualities common to all animals, but above all by reason, the true excellence and life of the mind.

But be it remarked that, by the dominion which I have said is established for this end, I intend that which has been established by a free multitude, not that which is acquired over a multitude by right of war. For a free multitude is guided more by hope than fear; a conquered one, more by fear than by hope: inasmuch as the former aims at making use of life, the latter but at escaping death. The former, I say, aims at living for its own ends, the latter is forced to belong to the conqueror; and so we say that this is enslaved, but that free. And, therefore, the end of a dominion, which one gets by right of war, is to be master, and have rather slaves than subjects. And although between the dominion created by a free multitude, and that gained by right of war, if we regard generally the right of each, we can make no essential distinction; yet their ends, as we have already shown, and further the means to the preservation of each are very different.

But what means a prince, whose sole motive is lust of mastery, should use to establish and maintain his dominion, the most ingenious Machiavelli has set forth at large,[40]but with what design one can hardly be sure.If, however, he had some good design, as one should believe of a learned man, it seems to have been to show, with how little foresight many attempt to remove a tyrant, though thereby the causes which make the prince a tyrant can in no wise be removed, but, on the contrary, are so much the more established, as the prince is given more cause to fear, which happens when the multitude has made an example of its prince, and glories in the parricide as in a thing well done. Moreover, he perhaps wished to show how cautious a free multitude should be of entrusting its welfare absolutely to one man, who, unless in his vanity he thinks he can please everybody, must be in daily fear of plots, and so is forced to look chiefly after his own interest, and, as for the multitude, rather to plot against it than consult its good. And I am the more led to this opinion concerning that most far-seeing man, because it is known that he was favorable to liberty, for the maintenance of which he has besides given the most wholesome advice.

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