IT IS SHOWN THAT NO ONE CAN, OR NEED, TRANSFER ALL HIS RIGHTS TO THE SOVEREIGN POWER. OF THE HEBREW REPUBLIC, AS IT WAS DURING THE LIFETIME OF MOSES, AND AFTER HIS DEATH, TILL THE FOUNDATION OF THE MONARCHY; AND OF ITS EXCELLENCE. LASTLY, OF THE CAUSES WHY THE THEOCRATIC REPUBLIC FELL, AND WHY IT COULD HARDLY HAVE CONTINUED WITHOUT DISSENSION.
[17:1] (1) The theory put forward in the last chapter, of the universal rights of the sovereign power, and of the natural rights of the individual transferred thereto, though it corresponds in many respects with actual practice, and though practice may be so arranged as to conform to it more and more, must nevertheless always remain in many respects purely ideal.
(2) No one can ever so utterly transfer to another his power and, consequently, his rights, as to cease to be a man; nor can there ever be a power so sovereign that it can carry out every possible wish. (3) It will always be vain to order a subject to hate what he believes brings him advantage, or to love what brings him loss, or not to be offended at insults, or not to wish to be free from fear, or a hundred other things of the sort, which necessarily follow from the laws of human nature. (4) So much, I think, is abundantly shown by experience: for men have never so far ceded their power as to cease to be an object of fear to the rulers who received such power and right; and dominions have always been in as much danger from their own subjects as from external enemies. (5) If it were really the case, that men could be deprived of their natural rights so utterly as never to have any further influence on affairs [Endnote 29], except with the permission of the holders of sovereign right, it would then be possible to maintain with impunity the most violent tyranny, which, I suppose, no one would for an instant admit.
(17:6) We must, therefore, grant that every man retains some part of his right, in dependence on his own decision, and no one else's.
(7) However, in order correctly to understand the extent of the sovereign's right and power, we must take notice that it does not coveronly those actions to which it can compel men by fear, but absolutely every action which it can induce men to perform: for it is the fact of obedience, not the motive for obedience, which makes a man a subject.
(17:8) Whatever be the cause which leads a man to obey the commands of the sovereign, whether it be fear or hope, or love of his country, or any other emotion - the fact remains that the man takes counsel with himself, and nevertheless acts as his sovereign orders. (9) We must not, therefore, assert that all actions resulting from a man's deliberation with himself are done in obedience to the rights of the individual rather than the sovereign: as a matter of fact, all actions spring from a man's deliberation with himself, whether the determining motive be love or fear of punishment; therefore, either dominion does not exist, and has no rights over its subjects, or else it extends over every instance in which it can prevail on men to decide to obey it. (10) Consequently, every action which a subject performs in accordance with the commands of the sovereign, whether such action springs from love, or fear, or (as is more frequently the case) from hope and fear together, or from reverence. compounded of fear and admiration, or, indeed, any motive whatever, is performed in virtue of his submission to the sovereign, and not in virtue of his own authority.
(17:11) This point is made still more clear by the fact that obedience does not consist so much in the outward act as in the mental state of the person obeying; so that he is most under the dominion of another who with his whole heart determines to obey another's commands; and consequently the firmest dominion belongs to the sovereign who has most influence over the minds of his subjects; if those who are most feared possessed the firmest dominion, the firmest dominion would belong to the subjects of a tyrant, for they are always greatly feared by their ruler. (12) Furthermore, though it is impossible to govern the mind as completely as the tongue, nevertheless minds are, to a certain extent, under the control of the sovereign, for he can in many ways bring about that the greatest part of his subjects should follow his wishes in their beliefs, their loves, and their hates. (13) Though such emotions do not arise at the express command of the sovereign they often result (as experience shows) from the authority ofhis power, and from his direction ; in other words, in virtue of his right; we may, therefore, without doing violence to our understanding, conceive men who follow the instigation of their sovereign in their beliefs, their loves, their hates, their contempt, and all other emotions whatsoever.
(17:14) Though the powers of government, as thus conceived, are sufficiently ample, they can never become large enough to execute every possible wish of their possessors. (15) This, I think, I have already shown clearly enough. (16) The method of forming a dominion which should prove lasting I do not, as I have said, intend to discuss, but in order to arrive at the object I have in view, I will touch on the teaching of Divine revelation to Moses in this respect, and we will consider the history and the success of the Jews, gathering therefrom what should be the chief concessions made by sovereigns to their subjects with a view to the security and increase of their dominion.
[17:2] (17) That the preservation of a state chiefly depends on the subjects' fidelity and constancy in carrying out the orders they receive, is most clearly taught both by reason and experience; how subjects ought to be guided so as best to preserve their fidelity and virtue is not so obvious.
