theologico-political treatise p4(神学与政治专题研究4)-第4节
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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 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
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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
