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Page 32
(36) Now if men were so constituted by nature that they desired nothing but
what is designated by true reason, society would obviously have no need of
laws: it would be sufficient to inculcate true moral doctrines; and men
would freely, without hesitation, act in accordance with their true
interests. (37) But human nature is framed in a different fashion: every
one, indeed, seeks his own interest, but does not do so in accordance with
the dictates of sound reason, for most men's ideas of desirability and
usefulness are guided by their fleshly instincts and emotions, which take no
thought beyond the present and the immediate object. (38) Therefore, no
society can exist without government, and force, and laws to restrain and
repress men's desires and immoderate impulses. (39) Still human nature will
not submit to absolute repression. (40) Violent governments, as Seneca says,
never last long; the moderate governments endure. (41) So long as men act
simply from fear they act contrary to their inclinations, taking no thought
for the advantages or necessity of their actions, but simply endeavouring to
escape punishment or loss of life. (42) They must needs rejoice in any evil
which befalls their ruler, even if it should involve themselves; and must
long for and bring about such evil by every means in their power. (43)
Again, men are especially intolerant of serving and being ruled by their
equals. (44) Lastly, it is exceedingly difficult to revoke liberties once
granted.
(45) From these considerations it follows, firstly, that authority should
either be vested in the hands of the whole state in common, so that everyone
should be bound to serve, and yet not be in subjection to his equals; or
else, if power be in the hands of a few, or one man, that one man should be
something above average humanity, or should strive to get himself accepted
as such. (46) Secondly, laws should in every government be so arranged that
people should be kept in bounds by the hope of some greatly desired good,
rather than by fear, for then everyone will do his duty willingly.
(47) Lastly, as obedience consists in acting at the bidding of external
authority, it would have no place in a state where the government is vested
in the whole people, and where laws are made by common consent. (48) In such
a society the people would remain free, whether the laws were added to or
diminished, inasmuch as it would not be done on external authority, but
their own free consent. (49) The reverse happens when the sovereign power is
vested in one man, for all act at his bidding; and, therefore, unless they
had been trained from the first to depend on the words of their ruler, the
latter would find it difficult, in case of need, to abrogate liberties once
conceded, and impose new laws.
(50) From these universal considerations, let us pass on to the kingdom of
the Jews. (51) The Jews when they first came out of Egypt were not bound by
any national laws, and were therefore free to ratify any laws they liked, or
to make new ones, and were at liberty to set up a government and occupy a
territory wherever they chose. (52) However, they, were entirely unfit
to frame a wise code of laws and to keep the sovereign power vested in the
community; they were all uncultivated and sunk in a wretched slavery,
therefore the sovereignty was bound to remain vested in the hands of one man
who would rule the rest and keep them under constraint, make laws and
interpret them. (53) This sovereignty was easily retained by Moses,
because he surpassed the rest in virtue and persuaded the people of the
fact, proving it by many testimonies (see Exod. chap. xiv., last verse, and
chap. xix:9). (54) He then, by the Divine virtue he possessed, made laws and
ordained them for the people, taking the greatest care that they should be
obeyed willingly and not through fear, being specially induced to adopt this
course by the obstinate nature of the Jews, who would not have submitted to
be ruled solely by constraint; and also by the imminence of war, for it is
always better to inspire soldiers with a thirst for glory than to terrify
them with threats; each man will then strive to distinguish himself
by valour and courage, instead of merely trying to escape punishment. (55)
Moses, therefore, by his virtue and the Divine command, introduced a
religion, so that the people might do their duty from devotion rather than
fear. (56) Further, he bound them over by benefits, and prophesied
many advantages in the future; nor were his laws very severe, as anyone may
see for himself, especially if he remarks the number of circumstances
necessary in order to procure the conviction of an accused person.
(57) Lastly, in order that the people which could not govern itself should
be entirely dependent on its ruler, he left nothing to the free choice of
individuals (who had hitherto been slaves); the people could do nothing but
remember the law, and follow the ordinances laid down at the good pleasure
of their ruler; they were not allowed to plough, to sow, to reap, nor even
to eat; to clothe themselves, to shave, to rejoice, or in fact to do
anything whatever as they liked, but were bound to follow the directions
given in the law; and not only this, but they were obliged to have marks on
their door-posts, on their hands, and between their eyes to admonish them to
perpetual obedience.
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