A POLITICAL TREATISE
- Part 2
Introductions: Durant:650,
Hampshire:179, Nadler:342.
Posthumously Published - 1677
Benedict de Spinoza
Part 1 - Preface -
Table of Contents - Chapters
I to V
Part 2 - Table of Contents -
Chapters VI and VII
Part 3 - Table
of Contents - Chapters VIII to XI
JBY Notes:
1. For the kind permission to use the
text see Page
1.
JBY added sentence numbers.
2. [2:4] - Chapter Number:Paragraph Number.
Sentence numbers, added by JBY, are shown
thus (zz:yy:xx).
zz
= Chapter Number.
yy
= Paragraph Number.
xx
= Sentence Number.
3. Page numbers are those
of Book
II.
4. Citation
abbreviations.
5. (Footnote or the Latin word),
{JBY Comment or endnote}.
6. Please e-mail
errors, clarification requests, disagreement, or
suggestions to josephb@yesselman.com.
7. There is much in this
work that you will not
agree with or even
think nonsense—although
keep in mind that it was
written 300
years ago. The
work is hopelessly outdated; its main value is that it
Bk.XII:310-
312.
shows Spinozistic
ideas at play in the formation of advanced modern Hobbes:
Leviathan.
governments and how
they cope with the passions
of men. Partake
of the work (and my
commentaries) as you would a
pomegranate;
relish the flesh, but
spit-out the pits. See Introductions
listed above.
8. Where applicable, I think
it appropriate to substitute the term "State"
for "Clan" or
"City" so as to understand
the idea in today's terms.
Likewise, where
applicable, substitute "Country" for "Dominion" and
"Congress"
or "Parliament" for "Council." For antecedents
to the USA
Constitution see 8:29,
and 9:1ff.
9. Spinoza's purpose in writing
the Treatise is to design a govern-
ment that will best cope
with the passions
of men; but for these
passions there
would be no need for
political parties, only
administrative offices—running
the Post Office. See also Title Page,
[7:2],
and Self-interest.
| Part 1 | I | II | III | IV | V |
| Part 2 | VI | VII | |||
| Part 3 | VIII | IX | X | XI |
TABLE OF CONTENTS -
Part 2: BkII:
PAGE 284
CHAPTER VI— ON MONARCHY PAGE 316 Bk.XIB:15130. |
Para. Nos. |
BkII: Page Nos. |
| Of the causes of establishing a dominion. | 6:1, 2, 3 | 316 |
| Of conferring the authority on one man. | 6:4 | 317 |
| Of the nature of a monarchy. Of the foundations
of a monarchical dominion. |
6:5, 6 6:7, 8 |
317 |
| Of cities. Bk.XIB:18896. | 6:9 | 319 |
| Of the militia and its commanders. | 6:10 | 319 |
| Of dividing the citizens into clans { States? }. | 6:11 | 319 |
| Of lands and houses. | 6:12 | 319 |
| Of the election of the king and of the nobles. | 6:13, 14 | 320 |
| Of the king's counsellors. | 6:15, 16 | 320 |
| Of the supreme council's functions. | 6:17, 18, 6:19, 20, 6:21, 22, 6:23, 24, 6:25. |
321 |
| Of another council for administering justice. | 6:26, 27, 6:28, 29. |
323 |
| Of other subordinate councils. | 6:30 | 324 |
| Of the payment of the militia. | 6:31 | 324 |
| Of the rights of foreigners. | 6:32 | 325 |
| Of ambassadors. | 6:33 | 325 |
| Of the king's servants and body-guard. | 6:34 | 325 |
| Of waging war. | 6:35 | 325 |
| Of the king's marriage. | 6:36 | 326 |
| Of the heir to the dominion. | 6:37, 38 |
326 |
| Of the obedience of the citizens. | 6:39 | 326 |
| Of religion. |
6:40 | 326 |
CHAPTER VII.— OF MONARCHY. PROOF OF THE FOUNDATIONS OF A MONARCHICAL DOMINION. |
327 |
|
| The monarch is not chosen unconditionally. The
Persian kings. Ulysses. |
7:1 | 327 |
| Nature of our monarchy the best and true one. | 7:2 | 328 |
| It is necessary that the monarch have counsellors. | 7:3 | 328 |
| The counsellors must necessarily be representative. | 7:4 | 329 |
| The king's right is to select one of the opinions offered
by the council. |
7:5 | 329 |
| The great advantages of this council. | 7:6, 7, 7:8, 9, 7:10, 11. |
330 |
| The militia to be composed of citizens only. | 7:12 | 332 |
| How the counsellors are to be chosen. | 7:13 | 333 |
| King's safety. Evidence of history. | 7:14, 15. | 333 |
| Cities to be fortified. | 7:16 | 334 |
| Of mercenaries and military commanders. | 7:17 | 335 |
| Citizens to be divided into clans. | 7:18 | 336 |
| The soil to be the common property of the commonwealth. | 7:19 | 336 |
| None to be noble but the issue of kings. | 7:20 | 336 |
| Judges to be appointed for a term of years. | 7:21 | 337 |
| The militia to be given no pay. | 7:22 | 337 |
| Of foreigners and the king's kinsmen. | 7:23 | 338 |
| Of the dangers from the king's marriage. Evidence of history. | 7:24 | 338 |
| Of the right of succession to the kingdom. | 7:25 | 339 |
| Of the right of worshipping God. | 7:26 | 340 |
| All men's nature is one and the same. | 7:27 | 340 |
| Of the most durable dominion of all. | 7:28 | 341 |
| Of hardly concealing the plans of the dominion. | 7:29 | 342 |
| The example of the dominion of the Arragonese. | 7:30 | 342 |
| That the multitude may preserve under a king an ample enough liberty. |
7:31 | 344 |
Endnotes
A
Political Treatise - Part
1 , Part 2 , Part
3
CHAPTER
VI - ON MONARCHY
Bk.XIB:15130,
182.
[6:1] (6:1:1) INASMUCH
as men are led, as we have said,
more by
passion than reason,
it follows, that a multitude comes together, and
wishes to be guided, as it were, by one mind, not at
the suggestion of
Bk.XIX:26528.
reason, but of some common passion
— that is (3:9), common hope,
or
fear, or the
desire of avenging some common
hurt. (6:2:1) But
since fear
of solitude exists in all men, because
no one in solitude is strong
enough to defend himself, and procure the necessaries of life, it follows Durant:651[3]166
that men naturally aspire to
the civil state; nor
can it happen that men
should ever utterly dissolve it.
[6:2] (6:2:1) Accordingly,
from the quarrels and seditions which are often
stirred up in a commonwealth, it never results that the citizens
dissolve
it, as often happens in the case of other associations; but only
that they
change its form into some other — that is,
of course, if the disputes
cannot be settled, and the features of the commonwealth
at the same
time preserved. (6:2:2) Wherefore,
by means necessary to preserve a
dominion, I intend such things as are necessary to
preserve the existing
form of the dominion, without any notable change.
[6:3] (6:3:1) But
if human nature
were so constituted, that men most
desired what is most useful,
no art would be needed to produce unity
and confidence. (6:3:2) But,
as it is admittedly far otherwise with human
nature, a dominion must of necessity be so ordered, that
all, governing
and governed alike, whether they will or
no, shall do what makes for
the general welfare; that is, that all, whether of their own impulse,
or by
force or necessity, shall be compelled to live according to the dictate
of
reason.
(6:3:3) And
this is the PAGE 317
case, if the affairs of the dominion
be so managed, that nothing which affects
the general welfare is
entirely entrusted to the good faith of any one.
(6:3:4) For
no man is so
watchful, that he never falls asleep; and no man
ever had a character
so vigorous and honest, but he sometimes, and that just when
strength
of character was most wanted, was diverted from
his purpose and let
himself be overcome. (6:3:5)
And it is surely folly
to require of another
what one can never obtain from one's
self; I mean, that he should be
more watchful for another's interest than
his own, that
he should be
free from avarice,
envy, and ambition,
and so on; especially when he is
one, who is subject daily to the strongest temptations of every
passion.
[6:4] (6:4:1) But,
on the other hand, experience is thought to teach, that
it
makes for peace and concord, to confer the whole
authority upon one Durant
[8] 171
man. (6:4:2) For
no dominion has stood so long without
any notable
Bk.XIB:18494.
change, as that of the
Turks, and on the other hand there were none
so little lasting, as those, which were popular or democratic,
nor any in
which so many seditions
arose. (6:4:3) Yet
if slavery, barbarism, and
desolation are to be called peace, men can have no worse
misfortune.
(6:4:4) No doubt
there are usually more and sharper
quarrels between
Bk.XIB:18493.
parents and children, than between masters
and slaves; yet it advances
not the art of housekeeping, to change
a father's right into a right of
property, and count children but as slaves. (6:4:5)
Slavery then, not peace,
is furthered by handing over to one man the whole
authority. (6:4:6) For
peace, as we said before, consists not in mere absence of war, but
in a
union or agreement of minds.
[6:5] (6:5:1) And
in fact they are much mistaken, who suppose that
one
man can by himself hold
the supreme right of a commonwealth.
(6:5:2) For the only
limit of right, as we showed (2:4),
is power. (6:5:3) But
the power of one man is very inadequate
to support so great a load.
(6:5:4) And hence
it arises, that the man, whom the multitude has chosen
king, looks out for himself generals, or counsellors, or friends,
to whom
he entrusts his own and the common
welfare; so that the dominion,
which is thought to be a perfect monarchy,
is in actual working an
aristocracy, not, indeed, an open but a hidden
one, and therefore the
worst PAGE 318 of
all. (6:5:5) Besides
which, a king, who is a boy, or ill, or
overcome by age, is but king on sufferance; and those in this case have
the supreme authority, who administer the
highest business of the
dominion, or are near the king's person;
not to mention, that a lascivi-
ous king often manages everything at the caprice of this or that mistress
or minion. (6:5:6) "I
had heard," says Orsines, "that
women once reigned in
Asia, but for a eunuch to reign is something new." (Curtius,
x. 1.)
[6:6] (6:6:1) It
is also certain, that a commonwealth is always
in greater
danger from its citizens than from its
enemies; for the good are few.
(6:6:2) Whence it
follows, that he, upon whom the whole
right of the
dominion has been conferred, will always
be more afraid of citizens
than of enemies, and therefore will look to his own safety, and not try
to
consult his subjects' interests, but to plot
against them, especially
against those who are renowned for learning, or have influence through
wealth.
[6:7] (6:7:1) It
must besides be added, that kings fear their sons also more
than they love them, and so much the more as the
latter are skilled in
the arts of war and peace, and endeared to the subjects by their virtues.
(6:7:2) Whence it
comes, that kings try so to educate their sons, that they
may have no reason to fear them. (6:7:3)
Wherein ministers very readily
obey the king, and will be at the utmost pains, that
the successor may
be an inexperienced king, whom
they can hold tightly in
hand.
[6:8] (6:8:1) From
all which it follows, that
the more absolutely the
commonwealth's right is transferred to the king, the less independent he
is, and the more unhappy is the condition of his subjects.
(6:8:2) And so,
that a monarchical dominion may be duly established, it is necessary to
lay solid foundations, to build it on;
from which may result to the
monarch safety, and to the multitude peace; and, therefore, to lay
them
in such a way, that the monarch may then be most independent,
when
he most consults the multitude's welfare. (6:8:3)
But I will first briefly state,
what these foundations of a monarchical dominion are, and afterwards
prove them in order.
PAGE 319
Bk.XIB:18896.
[6:9] (6:9:1)
One or more cities
must be founded and fortified, whose
citizens, whether they live within the walls, or
outside for purposes of
agriculture, are all to enjoy the same right in the commonwealth;
yet on
this condition, that every city provide an ascertained number of
citizens
for its own and the general defence.
(6:9:2) But a
city, which cannot
supply this, must be held in subjection on other terms.
[6:10] (6:10:1) The
militia must be formed out of citizens alone, none being
exempt, and of no others. (6:10:2) And,
therefore, all are to be bound to
have arms, and no one to be admitted into
the number of the citizens,
till he has learnt his drill, and promised to practise
it at stated times in
{
state }
the year. (6:10:3) Next,
the militia of each clan
is to be divided into
battalions and regiments, and no captain of a battalion
chosen, that is
not acquainted with military engineering.
(6:10:4) Moreover,
though the
commanders of battalions and regiments are to be
chosen for life, yet
the commander of the militia of a whole clan is to
be chosen only in time
of war, to hold command for a year
at most, without power of being
continued or afterwards re-appointed. (6:10:5) And
these last are to be
selected out of the king's counsellors, of
whom we shall speak in the
fifteenth and following sections, or out of those who have filled
the post
of counsellor.
[6:11] (6:11:1) The
townsmen and countrymen of every city, that
is, the
whole of the citizens, are to be divided
into clans, distinguished by
some name and badge, and all persons born of any of these clans
are
to be received into the number of citizens, and their names inscribed on
the roll of their clan, as soon as they have reached the age,
when they
can carry arms and know their duty; with
the exception of those, who
are infamous from some crime, or dumb, or mad, or menials supporting
life by some servile office.
[6:12] (6:12:1)
The fields, and the whole soil, and, if it
can be managed,
the houses should be public property, that is, the property
of him, who Durant
[10a] 178
holds the right of the
commonwealth: and let him let them at a yearly
rent to the citizens, whether townsmen or
countrymen, and with this
exception let them all be free or exempt
from every kind of taxation in
time of peace. (6:12:2)
And of this rent a part is to be
applied to the
defences of the state, a part to
the king's private use. (6:12:3)
For
PAGE 320 it
is necessary in time of peace to
fortify cities against war,
and also to have ready ships and other munitions of war.
[6:13] (6:13:1)
After the selection of the king from one of the clans,
none
are to be held noble, but his descendants,
who are therefore to be
distinguished by royal insignia from their
own and the other clans.
[6:14] (6:14:1)
Those male nobles, who are the reigning king's collaterals,
and stand to him in the
third or fourth degree of consanguinity, must not
marry, and any
children they may have had, are to
be accounted
bastards, and unworthy of any
dignity, nor may they be recognized as
heirs to their parents, whose goods must revert to the king.
[6:15] (6:15:1)
Moreover the king's counsellors, who are
next to him in
dignity, must be numerous, and
chosen out of the citizens only; that is
(supposing there to be no more than six hundred clans)
from every clan
three or four or five, who
will form together one section of this council;
and not for life, but for three, four,
or five years, so that every year a
third, fourth, or fifth part may be replaced
by selection, in which selec-
tion it must be observed as a first
condition, that out of every clan at
least one counsellor chosen be a jurist.
[6:16] (6:16:1)
The selection must be made by the king
himself, who
should fix a time of year for the choice of fresh counsellors.
(6:16:2) Each
clan must then submit to the king the names of all its citizens,
who have
reached their fiftieth year, and have been
duly put forward as candi-
dates for this office, and out of these
the king will choose whom he
pleases. (6:16:3)
But in that year, when the jurist of
any clan is to be
replaced, only the names of jurists are
to be submitted to the king.
(6:16:4) Those who
have filled
this office of counsellor for the appointed
time, are not to be continued therein, nor
to be replaced on the list of
candidates for five years or more. (6:16:5)
But the reason why one is to
be chosen every year out of every clan is, that
the council may not be
composed alternately of untried novices, and
of veterans versed in
affairs, which must necessarily be the case,
were all to retire at once,
and new men to succeed them. (6:16:6)
But if every year one be chosen
out of every family, then only a fifth, fourth, or at most
a third part of the
council will consist PAGE
321 of novices. (6:16:7)
Further, if the king be
prevented by other business, or for any other reason, from being able to
spare time for this choice, then let the counsellors
themselves choose
others for a time, until the king either
chooses different ones, or con-
firms the choice of the council.
[6:17] (6:17:1)
Let the primary function of this
council be to defend the
fundamental laws of the dominion, and to give advice about
administra-
tion, that the king may know, what
for the public good ought to be
decreed: and that on the understanding, that the king may not decide in
any matter, without first hearing the opinion of this council.
(6:17:2) But if,
as will generally happen, the council is not of one mind, but is divided
in
opinion, even after discussing the same subject
two or three times,
there must be no further delay, but
the different opinions are
to be
submitted to the king, as in the
twenty-fifth section of this chapter we
shall show.
[6:18] (6:18:1)
Let it be also the duty of this council to
publish the king's
orders or decrees, and to see to the execution
of any decree concern-
ing affairs of state, and to supervise
the administration
of the whole
dominion, as the king's deputies.
[6:19] (6:19:1)
The citizens should have no access to
the king, save
through this council, to which are to be handed all demands or petitions,
that they may be presented to the king. (6:19:2)
Nor should the envoys of
other commonwealths be allowed to obtain permission
to address the
king, but through the council. (6:19:3)
Letters, too, sent from elsewhere to
the king, must be handed to him by the council.
(6:19:4) And in general
the king is to be accounted as the mind of the
commonwealth, but the
council as the senses outside the mind, or
the commonwealth's body,
through whose intervention
the mind understands the state of the
commonwealth, and acts as it judges best for itself.
[6:20] (6:20:1)
The care of the education of the king's sons
should also
fall on this council, and
the guardianship, where a king has
died,
Bk.XIB:190101.
leaving as his successor an infant
or boy. (6:20:2)
Yet lest meanwhile the
council should be left without
a king, one of the elder nobles of the
commonwealth should be chosen to fill
the king's place, till the legiti-
mate heir has reached the age at which he
can support the weight of
government.
[6:21] (6:21:1)
Let the candidates for election to this
council be such
PAGE 322 as
know the system of government, and the foundations, and
state or condition of the commonwealth,
whose subjects they are.
(6:21:2) But he that
would fill the place of a jurist must, besides the govern-
ment and condition of the commonwealth, whose subject
he is, be like-
wise acquainted with those of the other commonwealths,
with which it
has any intercourse. (6:21:3)
But none are to be placed upon the list of
candidates, unless they have reached their
fiftieth year without being
convicted of crime.
[6:22] (6:22:1)
In this council no decision is to be taken about
the affairs
of the dominion, but in the presence
of all the members. (6:22:2)
But if
anyone be unable through illness or other
cause to attend, he must
send in his stead one of the same
clan, who has filled the office of
counsellor or been put on the list
of candidates. (6:22:3)
Which if he
neglect to do, and the council through his absence be forced to adjourn
any matter, let him be fined a considerable sum. (6:22:4)
But this must be
understood to mean, when the question is
of a matter affecting the
whole dominion, as of peace or war, of abrogating or establishing a law,
of trade, &c. (6:22:5)
But if the question
be one that affects only a partic-
ular city or two, as about
petitions, &c., it will suffice that a majority of
the council attend.
[6:23] (6:23:1)
To maintain a perfect equality between the
clans, and a
regular order in sitting, making proposals, and speaking, every clan is
to
take in turn the presidency at the sittings, a different clan
at every sitting,
and that which was first at one sitting is to be last at the next.
(6:23:2) But
among members of the same clan, let
precedence go by priority of
election.
[6:24] (6:24:1)
This council should be summoned at least
four times a
year, to demand of the ministers account of their
administration of the
dominion, to ascertain the state of affairs,
and see if anything else
needs deciding. (6:24:2)
For it seems impossible for so large a number of
citizens to have constant leisure for public business. (6:24:3)
But as in the
meantime public business must none the less be carried
on, therefore
fifty or more are to be chosen out of this council to supply its place
after
its dismissal; and these should meet daily in a chamber next
the king's,
and so have daily care of the treasury, the cities, the
fortifications, the
education PAGE 323 of
the king's son, and in general of all those duties of
the great council, which we have just enumerated, except that they
can-
not take counsel
about new matters, concerning which no decision has
been taken.
[6:25] (6:25:1)
On the meeting of the council, before anything is proposed
in it, let five, six, or more jurists of the clans, which stand first
in order of
place at that session, attend on the king,
to deliver to him petitions or
letters, if they have any, to declare to him the state of affairs,
and, lastly,
to understand from him what he bids them propose
in his council; and
when they have heard this, let them
return to the council, and let the
first in precedence open the matter of
debate. (6:25:2)
But, in matters
which seem to any of them to be of some moment,
let not the votes be
taken at once, but let the voting be
adjourned to such a date as the
urgency of the matter allows. (6:25:3)
When, then, the council stands
adjourned till the appointed time, the counsellors of every clan
will mean-
while be able to debate the matter
separately, and,
if they think it of
great moment, to consult others that have
been counsellors, or are
candidates for the council. (6:25:4)
And if within the appointed time the
counsellors of any clan cannot agree among themselves, that clan
shall
lose its vote, for every clan can give but one vote. (6:25:5)
But, otherwise,
let the jurist of the clan lay before
the council the opinion they have
decided to be best; and so with the rest. (6:25:6)
And if the majority of the
council think fit, after hearing the grounds of every
opinion, to consider
the matter again, let
the council be again adjourned to a date, at which
every clan shall pronounce its final opinion; and then, at last,
before the
entire council, let the votes be taken,
and that opinion be invalidated
which has not at least a hundred votes. (6:25:7)
But let the other opinions
be submitted to the king by all
the jurists present at the council, that,
after hearing every party's arguments, he may select
which opinion he
pleases. (6:25:8)
And then let the jurists leave him,
and return to the
council; and there let all await the king at the time fixed
by himself, that
all may hear which opinion of those proposed he thinks fit to adopt,
and
what he decides should be done.
[6:26] (6:26:1)
For the administration of justice, another
council is to be
formed of jurists, whose business should
be to decide PAGE
324 suits,
and punish criminals, but so that all
the judgments they deliver be
tested by those who are for the time members
of the great council —
that is, as to their having been delivered according
to the due process
of justice, and without partiality. (6:26:2)
But if the losing party can prove,
that any judge has been bribed by the adversary, or that
there is some
mutual cause of friendship between the judge and the
adversary, or of
hatred between the judge and himself, or, lastly, that the
usual process
of justice has not been observed, let
such party be restored to his
original position. (6:26:3)
But this would, perhaps, not be observed
by
such as love to convict
the accused in a criminal case, rather by torture
than proofs. (6:26:4)
But, for all that, I can conceive on
this point of no
other process of justice than the above,
that befits the best system of
governing a commonwealth.
[6:27] (6:27:1)
Of these judges, there should be a large and odd number
— for instance, sixty-one, or at least forty-one,
— and not more than
one is to be chosen of one clan,
and that not for life, but every year a
certain proportion are to retire, and be replaced by
as many others out
of different clans, that have reached their fortieth year.
[6:28] (6:28:1)
In this council, let no judgment be pronounced save in
the
presence of all the judges. (6:28:2)
But if any judge, from disease or other
cause, shall for a long time be unable to attend the
council, let another
be chosen for that time to fill his place.
(6:28:3) But in giving
their votes,
they are all not to utter their opinions aloud, but to signify them
by ballot.
[6:29] (6:29:1)
Let those who supply others' places in
this and the first-
mentioned council first be paid out of
the goods of those whom they
have condemned to death, and also out
of the fines of which any are
{ fined
}
mulcted. (6:29:2)
Next, after every judgment they pronounce in a civil suit,
let them receive a certain proportion of the whole
sum at stake for the
benefit of both councils.
[6:30] (6:30:1)
Let there be in every city other subordinate councils, whose
members likewise must not be chosen for
life, but must be partially
renewed every year, out of the clans who live there only. (6:30:2)
But there
is no need to pursue this further.
[6:31] (6:31:1)
No military pay is to be granted in time of peace; but, in time
of war, military pay is to be allowed to those PAGE
325 only, who support
their lives by daily labour. (6:31:2)
But the commanders and other officers
of the battalions are to expect no other advantage from war but the spoil
of the enemy.
[6:32] (6:32:1)
If a foreigner takes to wife the daughter
of a citizen, his
children are to be counted citizens, and put on the roll
of their mother's
clan. (6:32:2) But
those who are born and bred within
the dominion of
foreign parents should be allowed to purchase at a fixed
price the right
of citizenship from the captains of thousands
of any clan, and to be
enrolled in that clan. (6:32:3) For
no harm can arise thence to the dominion,
even though the captains of thousands, for
a bribe, admit a foreigner
into the number of their citizens for
less than the fixed price; but, on
the contrary, means should be devised for
more easily increasing the
Bk.XIB:192106.
number of citizens,
and producing a large confluence
of men.
(6:32:4) As for those
who are not enrolled as citizens, it
is but fair that,
at least in war-time, they should pay for their exemption from
service by
some forced labour or tax.
[6:33] (6:33:1)
The envoys to be sent in time of peace to
other common-
wealths must be chosen out of the nobles only, and their expenses
met
by the state treasury, and not the king's privy purse.
[6:34] (6:34:1)
Those that attend the court, and are
the king's servants,
and are paid out of his privy purse,
must be excluded from every
appointment and office in the commonwealth.
(6:34:2) I
say expressly,
"and are paid out of the king's
privy purse," to except the body-guard.
(6:34:3) For there
should be no other body-guard,
but the citizens of the
king's city, who should take turns to
keep guard at court before the
king's door.
[6:35] (6:35:1)
War is only to be made for the sake of peace, so that, at its
end, one may be rid of arms. (6:35:2)
And so, when cities have been taken
by right of war, and terms of peace are to be made after the enemies are
subdued, the captured cities must not be garrisoned and kept; but either
the enemy, on accepting the terms of
peace, should be allowed to
redeem them at a price, or, if by following
that policy, there would, by
reason of the danger of
the position, remain a constant lurking anxiety,
they must be utterly destroyed, and the inhabitants removed
elsewhere.
PAGE 326
[6:36] (6:36:1) The
king must not be allowed to contract a foreign marriage,
Bk.XIB:18999.
but only to take to wife one of his kindred,
or of the citizens; yet, on con-
dition that, if he marries a citizen, her near relations
become incapable
of holding office in the commonwealth.
[6:37] (6:37:1)
The dominion must be indivisible. (6:37:2)
And so, if the king
leaves more than one child, let the eldest one succeed; but by no means
be it allowed to divide the dominion between them, or to give it undivided
to all or several of them, much less to
give a part of it as a daughter's
dowry. (6:37:3) For
that daughters should be admitted to the inheritance of
a dominion is in no wise to be allowed.
[6:38] (6:38:1)
If the king die leaving no male issue, let the
next to him in
blood be held the heir to the dominion,
unless he chance to have
married a foreign wife, whom he will not put away.
[6:39] (6:39:1)
As for the citizens, it is manifest (3:5)
that every one of them
ought to obey all the commands of the king, and the decrees
published
by the great council, although
he believe them to be most absurd, and
otherwise he may rightfully be forced to obey.
(6:39:2) And these
are the
foundations of a monarchical dominion, on which it must
be built, if it is
to be stable, as we shall show in the next chapter.
[6:40] (6:40:1)
As for religion, no temples whatever ought to be built at the
public expense; nor ought laws to be established about opinions, unless
they be seditious
and overthrow the foundations of the commonwealth.
(6:40:2) And so let
such as are allowed the public exercise of their religion
Bk.XIB:191104.
build a temple at their own expense.
(6:40:3) But the
king may have in his
palace a chapel of his own, that he may practise the religion to which
he
belongs.
CHAPTER
VII - OF MONARCHY.
PROOF OF THE FOUNDATIONS
OF A MONARCHICAL DOMINION.
[7:1] (7:1:1) AFTER
explaining the foundations of a monarchical dominion,
I have taken in hand to prove here in order the
fitness of such founda-
tions. (7:1:2) And
to this end the first point to be noted
is, that it is in no
way repugnant to experience, for laws to be so firmly
fixed, that not the
king himself can abolish them. (7:1:3) For
though the Persians worshipped
their kings as gods, yet had not the kings themselves authority to revoke
laws once established, as appears from Daniel, (Daniel
vi. 15.) and
nowhere, as far as I know, is a monarch chosen absolutely without
any
conditions expressed. (7:1:4) Nor
yet is it repugnant to reason or
the
absolute obedience due to a king. (7:1:5)
For the foundations of
the
dominion are to be considered as eternal
decrees of the king, so that
his ministers entirely obey him in refusing
to execute his orders, when
he commands anything contrary to the same. (7:1:6)
Which we can make
plain by the example of Ulysses (Hom. "Odys.,"
xii. 156-200). (7:1:7) For
his comrades were executing
his own order, when they would not untie
Bk.XX:34455.
him, when he was bound to the mast
and captivated by the Sirens' song,
although he gave them manifold orders to
do so, and that with threats.
(7:1:8) And it is
ascribed to his forethought, that he afterwards thanked his
comrades for obeying him according to his first intention. (7:1:9)
And, after
this example of Ulysses, kings often instruct judges, to administer justice
without respect of persons, not even of the
king himself, if by some
singular accident he order anything
contrary to established law.
(7:1:10) For kings
are not gods, but men, who are often led captive by the
Sirens' song. (7:1:11) If
then everything depended on the inconstant will of
one man, nothing would be fixed. (7:1:12)
And so, that a monarchical
dominion may be stable, it must be PAGE
328 ordered, so that everything
be done by the king's decree only,
that is, so that every law be an
Bk.XIB:1851;
Bk.XX:34557.
explicit will of the
king, but not every
will of the king a law; as to which
see 6:3, 6:5, 6:6.
[7:2] (7:2:1) It
must next be observed, that in laying foundations
it is very
{
emotions
}
necessary to study the human
passions: and it is not
enough to have
shown, what ought to be done, but it ought, above all, to be shown
how
it can be effected, that men, whether led by passion
or reason, should
yet keep the laws firm and unbroken. (7:2:2)
For if the constitution of the
dominion, or the public liberty depends only on the weak assistance
of
the laws, not only will the citizens have no security
for its maintenance
6:3
(as we showed in the third section of the last
chapter), but it will even
turn to their ruin. (7:2:3) For
this is certain, that no condition of a common-
wealth is more wretched than that of the best,
when it begins to totter,
unless at one blow it falls with a rush into
slavery, which seems to be
quite impossible. (7:2:4) And,
therefore, it would be far better for
the
subjects to transfer their rights absolutely to
one man, than to bargain
for unascertained and empty, that is unmeaning, terms of liberty, and so
prepare for their
posterity a way to the most cruel servitude. (7:2:5)
But if
I succeed in showing that
the foundation of monarchical dominion,
which I stated in the last chapter,
are firm and cannot be plucked up,
Bk.XIB:183.
without the indignation of the larger part
of an armed multitude, and that
from them follow peace and security for
king and multitude, and if I
deduce this from general human nature, no
one will be able to doubt,
that these foundations are the best and the true ones (3:9
and 6:3, 6:8).
(7:2:6) But that
such is their nature, I will show
as briefly as possible.
Bk.XX:34556.
[7:3] (7:3:1) That
the duty of him, who holds the dominion,
is always to
know its state and condition, to watch over
the common welfare of all,
and to execute whatever is to the interest of the majority of the
subjects,
is admitted by all. (7:3:2) But
as one person alone is unable to examine
into everything, and cannot always have his
mind ready and turn it to
meditation, and is often hindered by
disease, or old age, or other
causes, from having leisure for public business;
therefore it is neces-
Bk.XIB:15129;
183.
sary that the monarch
have counsellors PAGE
329 to know the state of
affairs, and help the king with their
advice, and frequently supply his
place; and that so it come to pass, that the dominion or commonwealth
may continue always in one and the same mind.
[7:4] (7:4:1) But
as human nature is so constituted, that everyone
seeks
with the utmost passion
his own advantage, and judges those laws to
be most equitable, which he thinks necessary to preserve and
increase
his substance, and defends another's cause so far only as he
thinks he
is thereby establishing his own; it follows
hence, that the counsellors
chosen must be such, that their private affairs
and their own interests
depend on the general welfare and peace
of all. (7:4:2) And
so it is evi-
dent, that if from every sort or class
of citizens a certain number be
chosen, what has most votes in such a council
will be to the interest of
the greater part of the subjects. (7:4:3) And
though this council, because
it is composed of so large a number
of citizens, must of necessity be
attended by many of very simple intellect, yet this is certain,
that every-
one is pretty clever and sagacious in business
which he has long and
eagerly practised. (7:4:4) And,
therefore, if none be chosen but such as
have till their fiftieth year practised their own business
without disgrace,
they will be fit enough to give their
advice about their own affairs,
especially if, in matters of considerable importance,
a time be allowed
for consideration. (7:4:5) Besides,
it is far from being the fact,
that a
council composed of a few is not
frequented by this kind of men.
(7:4:6) For, on
the contrary, its greatest part must consist of
such, since
everyone, in that case, tries hard to have dullards
for colleagues, that
they may hang on his words, for which there is
no opportunity in large
councils.
[7:5] (7:5:1) Furthermore,
it is certain, that everyone would
rather rule
than be ruled. "For no one of his own will yields
up dominion to another,"
(Note
1, 329)
as Sallust has it in his first speech to Caesar.
(7:5:2) And, therefore,
it is
clear, that a whole multitude will never transfer its right to a few or
to one,
if it can come to an agreement with itself,
without proceeding from the
controversies, which generally arise in
large councils, to seditions.
(7:5:3) And so
the multitude does not, if PAGE
330 it is free, transfer to the
king anything but that, which it cannot itself
have absolutely within its
authority, namely, the ending of controversies and the using despatch in
decisions. (7:5:4) For
as to the case which often arises,
where a king is
chosen on account of war, that is, because
war is much more happily
Bk.XIB:194.
conducted by kings, it
is manifest folly, I say, that men should choose
slavery in time of peace for the sake of better fortune
in war; if, indeed,
peace can be conceived of in a dominion, where merely for the
sake of
war the highest authority is transferred
to one man, who is, therefore,
best able to show his worth and the importance to everyone of his single
self in time of war; whereas, on the contrary, democracy has this
advan-
tage, that its excellence is greater in peace than
in war. (7:5:5) However,
for whatever reason a king is chosen, he cannot by himself,
as we said
just now, know what will be to the interest of
the dominion: but for this
purpose, as we showed in the last section, will
need many citizens for
his counsellors. (7:5:6) And
as we cannot at all suppose, that any opinion
can be conceived about a matter proposed
for discussion, which can
have escaped the notice of so large a number of men, it follows,
that no
opinion can be conceived tending to the people's
welfare, besides all
the opinions of this council, which are submitted
to the king. (7:5:7) And
so,
since the people's welfare is the highest law, or the
king's utmost right,
it follows, that the king's utmost right
is but to choose one of the opin-
ions offered by the council, not to decree anything, or offer
any opinion
Bk.XIB:194.
contrary to the mind
of all the council at once (6:25). (7:5:8) But
if all the
opinions offered in the council were to be submitted
to the king, then it
might happen that the king would always favour the small
cities, which
have the fewest votes. (7:5:9) For
though by the constitution of the council
it be ordained, that the opinions should be submitted to the king
without
mention of their supporters, yet they will
never be able to take such
good care, but that some opinion will get divulged. (7:5:10) And,
therefore,
it must of necessity be provided, that that opinion, which has not
gained
at least a hundred votes, shall be held void; and this law the larger cities
will be sure to defend with all their might.
[7:6] (7:6:1) And
here, did I not study brevity, I would show PAGE
331 other
advantages of this council; yet one,
which seems of the greatest import-
ance, I will allege. (7:6:2) I
mean, that there can be given no greater induce-
ment to virtue,
than this general hope of the highest honour.
(7:6:3) For by
ambition are we all
most led, as in our Ethics we showed to be the case
(E3:XXIX:149).
Bk.XIB:18391.
[7:7] (7:7:1)
But it cannot be doubted that the majority
of this council will
never be minded to wage war, but rather always pursue and love peace.
(7:7:2) For besides
that war will always cause them fear of losing
their
property and liberty, it is to be added, that war
requires fresh expendi-
ture, which they must meet, and also that
their own children and rela-
tives, though intent on their domestic cares, will
be forced to turn their
attention to war and go a-soldiering, whence they will never
bring back
anything but unpaid-for scars. (7:7:3)
For, as we said (6:31), no pay is to
be given to the militia, and (6:10)
it is to be formed out of citizens only
and no others.
[7:8] (7:8:1) There is another
accession to the cause of peace and concord,
Bk.XIB:188.
which is also of great weight: I mean,
that no citizen can have immovable
property (6:12). (7:8:2)
Hence all will have nearly an equal
risk in war.
Bk.XIA:16398;
Bk.XIB:183.
(7:8:3) For
all will be obliged, for the sake of gain, to
practise trade, or lend
money to one another, if, as formerly by the Athenians, a law be
passed,
Bk.XIB:18898.
forbidding to
lend money at interest to any but inhabitants; and thus they
will be engaged in business, which either is mutually involved, one man's
with another's, or needs the same means for
its furtherance. (7:8:4)
And
thus the greatest part of this council
will generally have one and the
same mind about their common affairs and the arts
of peace. (7:8:5) For,
as we said (7:4), every man defends another's cause,
so far as he thinks
Bk.XIA:16397.
thereby to establish
his own.
[7:9] (7:9:1) It cannot
be doubted, that it will never occur
to anyone to
corrupt this council with
bribes. (7:9:2) For were
any man to draw over to
his side some one or two out of so
great a number of men, he would
gain nothing. (7:9:3)
For, as we said, the opinion, which does not gain at
least a hundred votes, is void.
[7:10] (7:10:1) We
shall also easily see, that, once this
council is estab-
lished its members cannot be reduced to a less
number, PAGE 332 if
we
consider the common passions
of mankind. (7:10:2)
For all are guided
mostly by ambition,
and there is no man who lives in health but hopes to
attain extreme old age. (7:10:3)
If then we calculate the number of those
who actually reach their fiftieth or sixtieth
year, and further take into
account the number that are every year
chosen of this great council,
we shall see, that there can hardly
be a man of those who bear arms,
but is under the influence of a
great hope of attaining this dignity.
(7:10:4) And so they
will all, to the best of their power, defend this law
of
the council. (7:10:5)
For be it noted, that corruption, unless
it creep in
gradually, is easily prevented. (7:10:6)
But as it can
be more easily sup-
posed, and would be less invidious, that
a less number should be
chosen out of every
clan, than that a less number should be chosen out
of a few clans, or that one or two clans
should be altogether excluded;
therefore (6:15) the number of counsellors
cannot be reduced, unless a
third, fourth, or fifth part be removed simultaneously,
which change is a
very great one, and therefore quite
repugnant to common practice.
(7:10:7) Nor need
one be afraid of delay
or negligence in choosing,
because this is remedied by the council itself. See 6:16.
[7:11] (7:11:1) The
king, then, whether he is
induced by fear of the
multitude, or aims at binding
to himself the majority of an armed
multitude, or is guided by a generous spirit, a wish that is, to
consult the
public interest, will always confirm that opinion, which has
gained most
(Note
1, 332)
votes, that is (7:5), which
is to the interest of the greater part of the
Bk.XIB:186.
dominion; and will study
to reconcile the divergent opinions referred to
him, if it can be done, that he may attach all to himself
(in which he will
exert all his powers), and that alike in peace and war they
may find out,
what an advantage his single self is to them. (7:11:2)
And thus he will then
be most independent, and most in possession
of dominion, when he
most consults the general welfare of the multitude.
[7:12] (7:12:1) For
the king by himself cannot restrain all by fear. (7:12:2)
But
his power, as we have said, rests upon
the number of PAGE
333 his
soldiers, and especially on their valour
and faith, which will always
remain so long enduring between men, as with them is
joined need, be
that need honourable or disgraceful. (7:12:3)
And this is why kings usually
are fonder of exciting than restraining their soldiery, and
shut their eyes
more to their vices than to their virtues, and generally, to
hold under the
best of them, seek out, distinguish, and assist with
money or favour the
idle, and those who have ruined themselves by debauchery, and
shake
hands with them, and throw them kisses,
and for the sake of mastery
Bk.XIB:187.
stoop to every servile action.
In order therefore that the citizens may be
distinguished by the king before all others, and, as
far as the civil state
and equity permit, may remain independent,
it is necessary that
the
militia should consist of citizens only,
and that citizens should be his
counsellors; and on the contrary citizens
are altogether subdued, and
are laying the foundations of eternal
war, from the moment
that they
suffer mercenaries to be levied, whose trade is war, and who have
most
power in strifes and seditions.
[7:13] (7:13:1) That the
king's counsellors ought not to be elected for life,
but for three, four, or five years, is clear as well from the
tenth, as from
what we said in the ninth section
of this chapter. (7:13:2)
For if they were
chosen for life, not only could the greatest part of the citizens
conceive
hardly any hope of obtaining this honour, and thus there
would arise a
great inequality, and thence envy, and constant
murmurs, and at last
seditions, which, no doubt, would be
welcome to kings greedy of
mastery: but also the counsellors, being rid of
the fear of their succes-
sors, would assume a great licence in all respects, which the king would
be far from opposing. (7:13:3)
For the more the citizens hate them, the
more they will cling to the king, and be
ready to flatter him. (7:13:4)
Nay,
the interval of five years seems even too much,
for in such a space of
time it does not seem so impossible to corrupt by bribes or favour a very
large part of the council, however large it be. (7:13:5)
And therefore it will
be far safer, if every year two out of every clan retire,
and be replaced
by as many more (supposing that there
are to be five counsellors of
each clan), except in the year in which the jurist of any clan retires,
and
a fresh one is chosen in his place.
[7:14] (7:14:1) Moreover,
no king can promise himself more safety, PAGE
334
than he who reigns in
a commonwealth of this sort. (7:14:2)
For besides
that a king soon perishes, when his soldiers cease to desire
his safety,
it is certain that kings are always in the greatest danger from those
who
are nearest their persons. (7:14:3)
The fewer counsellors, then, there are,
and the more powerful they consequently are,
the more the king is in
danger of their transferring the dominion
to another. (7:14:4)
Nothing in
fact more alarmed David, than that his own counsellor
Ahitophel sided
with Absalom (2
Sam. xv. 31.). (7:14:5)
Still more is this the case, if the
whole authority has been transferred absolutely to one man, because
it
can then be more easily transferred from one to another. (7:14:6)
For two
private soldiers once took in hand to transfer
the Roman empire, and
did transfer it (Tacitus, Histories, i., 7.). (7:14:7)
I omit the arts and cunning
wiles, whereby counsellors have to assure
themselves against falling
victims to their unpopularity; for they are but too well known, and no
one,
who has read history, can be ignorant, that the good faith of counsellors
has generally turned to their ruin. (7:14:8)
And so, for their own safety, it
behoves them to be cunning, not faithful. (7:14:9)
But if the counsellors are
too numerous to unite in the same crime, and are all
equal, and do not
hold their office beyond a period of
four years, they cannot be at all
objects of fear to the king, except he attempt
to take away their liberty,
wherein he will offend all the citizens
equally. (7:14:10)
For, as Antonio
( Note 3-Page
334 )
Perez excellently observes, an
absolute dominion is to the prince very
dangerous, to the subjects very hateful, and to the institutes of God and
Bk.XIB:195109.
man alike opposed, as innumerable instances
show.
[7:15] (7:15:1) Besides
these we have, in the last chapter, laid other
found-
ations, by which the king is greatly
secured in his dominion, and the
citizens in their hold of peace and
liberty, which foundations we will
reason out in their proper places. (7:15:2)
For I was anxious above every-
thing to reason out all those, which refer to the great
council and are of
the greatest importance. (7:15:3)
Now I will continue with the others, in the
same order in which I stated them.
[7:16] (7:16:1) It
is undoubted, that citizens are more powerful, PAGE
335 and,
therefore, more independent, the larger and better
fortified their towns
are. (7:16:2) For the
safer the place is, in which they are, the better
they
can defend their liberty, and the less they need fear an enemy,
whether
without or within; and it is certain
that the more powerful men are by
their riches, the more they by nature study
their own safety. (7:16:3)
But
cities which need the help of another for
their preservation are not on
terms of equal right with that other, but are so far dependent on
his right
as they need his help. (7:16:4)
For we showed in the second
chapter, that
right is determined by power alone.
[7:17] (7:17:1) For the
same reason, also, I mean that the
citizens may
continue independent, and defend their liberty,
the militia ought to be
composed of the citizens only, and
none of them to be exempted.
Bk.XIB:187.
(7:17:2)
For an armed man is more independent than an unarmed
(7:12); Durant
[10a] 176
and those citizens transfer
absolutely their own right to another, and
entrust it entirely to his good faith, who have
given him their arms and
the defences of their cities. (7:17:3)
Human avarice, by which
most men
are very much led, adds its weight to this
view. (7:17:4) For it cannot
be,
Bk.XIB:182.
that a mercenary force be hired without
great expense; and citizens can
hardly endure the exactions required
to maintain an idle soldiery.
(7:17:5) But that
no man, who commands the whole or a large part of the
militia, should, except under pressure of
necessity, be chosen for the
extreme term of a year, all are aware,
who have read history, alike
sacred and profane. (7:17:5)
For there is nothing that reason more clearly
teaches. (7:17:6) For surely
the might of dominion is altogether entrusted
to him, who is allowed enough time to gain military
glory, and raise his
fame above the king's, or to make the army faithful to himself
by flattery,
largesses, and the other arts, whereby generals
are accustomed to
procure the enslavement of others, and the
mastery for themselves.
(7:17:7) Lastly, I have
added this point for the greater safety of the whole
dominion, that these commanders of the militia are to
be selected from
the king's counsellors or ex-counsellors
— that is, from men who have
reached the age at which mankind generally prefer what is old and
safe
to what is new and dangerous. (6:10)
PAGE 336
[7:18] (7:18:1)
I said that the citizens were to be divided into clans, (6:11,
15,
16) and an equal number of counsellors chosen
from each, in order that
the larger towns might have, in proportion to the number of their
citizens,
a greater number of counsellors, and be able, as
is equitable, to contri-
Bk.XIB:190102.
bute more votes. (7:18:2)
For the power and, therefore, the right
of a
dominion is to be estimated by the number
of its citizens; and I do not
believe that any fitter means can be devised for maintaining this equality
between citizens, who are all by nature
so constituted, that everyone
wishes to be attributed to his own stock, and be
distinguished by race
from the rest.
[7:19] (7:19:1) Furthermore,
in the state of nature, there is nothing which
any man can less claim for himself,
and make his own, than the soil,
and whatever so adheres to the soil,
that he cannot hide it anywhere,
nor carry it whither he pleases. (7:19:2)
The soil, therefore, and whatever
adheres to it in the way we have
mentioned, must be quite common
Bk.XIB:188.
property of the commonwealth — that is,
of all those who, by their united
force, can vindicate their claim to it,
or of him to whom all h