a theologico-political treatise [part iv]-第7章
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to retain it or to give it up; and transfer it to another。 (44) 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。 (45) 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。 (46) 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。 (47) 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)。 (48) 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。
'17:4' (49) 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。 (50) Thus in the Hebrew state the civil and
religious authority; each consisting solely of obedience to God; were one
and the same。 (51) 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。 (52) 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。 {in Biblical Hebrew; there was no word for what we call Religion。〃
Modern Hebrew has selected a word whose root is 〃knowledge。〃} (53) For this
reason the government could be called a Theocracy; inasmuch as the citizens
were not bound by anything save the revelations of God。
(17:54) 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。
(17:55) 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。 '17:5' (56) 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。 (57) 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。〃
(17:58) 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)。 (59) 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。 (60) 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) 'Endnote 30'。 (61) 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。 (62) 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。 (63) A difference which increases; rather than
diminishes the monarch's authority。 (64) 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。 '17:6' (65) 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。 (66) 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)
'Endnote 31'。
(17:67) In order that the question may be thoroughly understood; I will duly
set forth the administration of the whole state。
(68) First; the people were commanded to build a tabernacle; which should
be; as it were; the dwelling of God … that is; of the sovereign authority of
the state。 (69) This tabernacle was to be erected at the cost of the whole
people; not of one man; in order that the place where God was consulted
might be public property。 (70) The Levites were chosen as courtiers and
administrators of this royal abode; while Aaron; the brother of Moses; was
chosen to be their chief and second; as it were; to God their King; being
succeeded in the office by his legitimate sons。
(17:71) He; as