A Theological-Political Treatise [Part IV]

by Benedictus de Spinoza

(17:38) Cleon, in his speech persuading the Macedonians to obey their king, adopted a similar device: for after going through the praises of Alexander with admiration, and recalling his merits, he proceeds, "the Persians are not only pious, but prudent in worshipping their kings as gods: for kingship is the shield of public safety," and he ends thus, "I, myself, when the king enters a banquet hall, should prostrate my body on the ground; other men should do the like, especially those who are wise" (Curtius, viii. Para. 66). (39) However, the Macedonians were more prudent - indeed, it is only complete barbarians who can be so openly cajoled, and can suffer themselves to be turned from subjects into slaves without interests of their own. (40) Others, notwithstanding, have been able more easily to spread the belief that kingship is sacred, and plays the part of God on the earth, that it has been instituted by God, not by the suffrage and consent of men; and that it is preserved and guarded by Divine special providence and aid. (41) Similar fictions have been promulgated by monarchs, with the object of strengthening their dominion, but these I will pass over, and in order to arrive at my main purpose, will merely recall and discuss the teaching on the subject of Divine revelation to Moses in ancient times.

[17:3] (42) We have said in Chap. V. that after the Hebrews came up out of Egypt they were not bound by the law and right of any other nation, but were at liberty to institute any new rites at their pleasure, and to occupy whatever territory they chose. (43) After their liberation from the intolerable bondage of the Egyptians, they were bound by no covenant to any man; and, therefore, every man entered into his natural right, and was free 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. (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 the nearest to God, was the sovereign interpreter of the Divine laws; he communicated the answers of the Divine oracle to the people, and entreated God's favour for them. (72) If, in addition to these privileges, he had possessed the right of ruling, he would have been neither more nor less than an absolute monarch; but, in respect to government, he was only a private citizen: the whole tribe of Levi was so completely divested of governing rights that it did not even take its share with the others in the partition of territory. (73) Moses provided for its support by inspiring the common people with great reverence for it, as the only tribe dedicated to God.

(17:74) Further, the army, formed from the remaining twelve tribes, was commanded to invade the land of Canaan, to divide it into twelve portions, and to distribute it among the tribes by lot. (75) For this task twelve captains were chosen, one from every tribe, and were, together with Joshua and Eleazar, the high priest, empowered to divide the land into twelve equal parts, and distribute it by lot. (76) Joshua was chosen for the chief command of the army, inasmuch as none but he had the right to consult God in emergencies, not like Moses, alone in his tent, or in the tabernacle, but through the high priest, to whom only the answers of God were revealed. (77) Furthermore, he was empowered to execute, and cause the people to obey God's commands, transmitted through the high priests; to find, and to make use of, means for carrying them out; to choose as many army captains as he liked; to make whatever choice he thought best; to send ambassadors in his own name; and, in short, to have the entire control of the war. (78) To his office there was no rightful successor - indeed, the post was only filled by the direct order of the Deity, on occasions of public emergency. (79) In ordinary times, all the management of peace and war was vested in the captains of the tribes, as I will shortly point out. (80) Lastly, all men between the ages of twenty and sixty were ordered to bear arms, and form a citizen army, owing allegiance, not to its general-in-chief, nor to the high priest, but to Religion and to God. (81) The army, or the hosts, were called the army of God, or the hosts of God. (82) For this reason God was called by the Hebrews the God of Armies; and the ark of the covenant was borne in the midst of the army in important battles, when the safety or destruction of the whole people hung upon the issue, so that the people might, as it were, see their King among them, and put forth all their strength.