theologico-political treatise p4(神学与政治专题研究4)-第4章
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compact thereby becomes void： this has been abundantly shown by
experience。 （77） 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。 （78） 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？ （79） 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。 （80） 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。 （81） 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。
＇16：7＇ （82） Lastly； treason can only be committed by subjects； who by
compact； either tacit or expressed； have transferred all their rights to the
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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。 （83） 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。
（16：84） I also say； has attempted； for whatever reason； to seize the
sovereign power； and I recognize no difference whether such an attempt
should be followed by public loss or public gain。 （85） Whatever be his
reason for acting； the crime is treason； and he is rightly condemned： in war；
everyone would admit the justice of his sentence。 （86） 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。 （87） 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。 （88） 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；
anyone 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 sovereigns right； and would be
rightly punished for treason。
（16：89） In order that every scruple may be removed； we may now
answer the inquiry； whether our former assertion that everyone 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。 （90） For as all men
absolutely （whether they be less endowed with reason or more） are equally
bound by the Divine command to love their neighbour as themselves； it
may be said that they cannot； without wrong； do injury to anyone； or live
according to their desires。
（16：91） 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；
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prior to religion。 （92） No one knows by nature that he owes any obedience
to God ＇Endnote 28＇； nor can he attain thereto by any exercise of his
reason； but solely by revelation confirmed by signs。 （93） Therefore；
previous to revelation； no one is bound by a Divine law and right of which
he is necessarily in ignorance。 （94） 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。 （95）
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。
（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
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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 hi
