This "contract" remains so long unmoved as the motive for entering into it, that is, fear of hurt or hope of gain, subsists. But take away from either commonwealth this hope or fear, and it is left independent, and the link, whereby the commonwealths were mutually bound, breaks of itself. And therefore every commonwealth has the right to break its contract, whenever it chooses, and cannot be said to act treacherously or perfidiously in breaking its word, as soon as the motive of hope or fear is removed. For every contracting party was on equal terms in this respect, that whichever could first free itself of fear should be independent, and make use of its independence after its own mind; and, besides, no one makes a contract respecting the future, but on the hypothesis of certain precedent circ.u.mstances. But when these circ.u.mstances change, the reason of policy applicable to the whole position changes with them; and therefore every one of the contracting commonwealths retains the right of consulting its own interest, and consequently endeavors, as far as possible, to be free from fear and thereby independent, and to prevent another from coming out of the contract with greater power. If then a commonwealth complains that it has been deceived, it cannot properly blame the bad faith of another contracting commonwealth, but only its own folly in having entrusted its own welfare to another party, that was independent, and had for its highest law the welfare of its own dominion.
To commonwealths, which have contracted a treaty of peace, it belongs to decide the questions which may be mooted about the terms or rules of peace, whereby they have mutually bound themselves, inasmuch as laws of peace regard not one commonwealth, but the commonwealths which contract taken together. But if they cannot agree together about the conditions, they by that very fact return to a state of war.
The more commonwealths there are, that have contracted a joint treaty of peace, the less each of them by itself is an object of fear to the remainder, or the less it has the authority to make war. But it is so much the more bound to observe the conditions of peace; that is, the less independent, and the more bound to accommodate itself to the general will of the contracting parties.
But the good faith, inculcated by sound reason and religion, is not hereby made void; for neither reason nor Scripture teaches one to keep one"s word in every case. For if I have promised a man, for instance, to keep safe a sum of money he has secretly deposited with me, I am not bound to keep my word, from the time that I know or believe the deposit to have been stolen, but I shall act more rightly in endeavoring to restore it to its owners. So likewise, if the supreme authority has promised another to do something, which subsequently occasion or reason shows or seems to show is contrary to the welfare of its subjects, it is surely bound to break its word. As then Scripture only teaches us to keep our word in general, and leaves to every individual"s judgment the special cases of exception, it teaches nothing repugnant to what we have just proved.
But that I may not have so often to break the thread of my discourse, and to resolve hereafter similar objections, I would have it known that all this demonstration of mine proceeds from the necessity of human nature, considered in what light you will--I mean, from the universal effort of all men after self-preservation, an effort inherent in all men, whether learned or unlearned. And therefore, however one considers men are led, whether by pa.s.sion or by reason, it will be the same thing; for the demonstration, as we have said, is of universal application.
II
_Of the Functions of Supreme Authorities_[38]
The right of the supreme authorities is limited by their power; the most important part of that right is, that they are, as it were, the mind of the dominion, whereby all ought to be guided; and accordingly, such authorities alone have the right of deciding what is good, evil, equitable or iniquitous, that is, what must be done or left undone by the subjects severally or collectively. And, accordingly, they have the sole right of laying down laws, and of interpreting the same, whenever their meaning is disputed, and of deciding whether a given case is in conformity with or violation of the laws; and, lastly, of waging war, and of drawing up and offering propositions for peace, or of accepting such when offered.
As all these functions, and also the means required to execute them, are matters which regard the whole body of the dominion, that is, are affairs of state, it follows that affairs of state depend on the direction of him only who holds supreme dominion. And hence it follows that it is the right of the supreme authority alone to judge the deeds of every individual, and demand of him an account of the same; to punish criminals, and decide questions of law between citizens, or appoint jurists acquainted with the existing laws, to administer these matters on its behalf; and, further, to use and order all means to war and peace, as to found and fortify cities, levy soldiers, a.s.sign military posts, and order what it would have done, and, with a view to peace, to send and give audience to amba.s.sadors; and, finally, to levy the costs of all this.
Since, then, it is the right of the supreme authority alone to handle public matters, or choose officials to do so, it follows that that subject is a pretender to the dominion, who, without the supreme council"s knowledge, enters upon any public matter, although he believe that his design will be to the best interest of the commonwealth.
But it is often asked, whether the supreme authority is bound by laws, and, consequently, whether it can do wrong. Now as the words "law" and "wrong-doing" often refer not merely to the laws of a commonwealth, but also to the general rules which concern all natural things, and especially to the general rules of reason, we cannot, without qualification, say that the commonwealth is bound by no laws, or can do no wrong. For were the commonwealth bound by no laws or rules, which removed, the commonwealth were no commonwealth, we should have to regard it not as a natural thing, but as a chimera. A commonwealth then does wrong, when it does, or suffers to be done, things which may be the cause of its own ruin; and we can say that it then does wrong, in the sense in which philosophers or doctors say that Nature does wrong; and in this sense we can say, that a commonwealth does wrong, when it acts against the dictate of reason. For a commonwealth is most independent when it acts according to the dictate of reason; so far, then, as it acts against reason, it fails itself, or does wrong. And we shall be able more easily to understand this if we reflect that when we say, that a man can do what he will with his own, this authority must be limited not only by the power of the agent, but by the capacity of the object.
If, for instance, I say that I can rightfully do what I will with this table, I do not certainly mean that I have the right to make it eat gra.s.s. So, too, though we say, that men depend not on themselves, but on the commonwealth, we do not mean, that men lose their human nature and put on another; nor yet that the commonwealth has the right to make men wish for this or that, or (what is just as impossible) regard with honor things which excite ridicule or disgust. But it is implied that there are certain intervening circ.u.mstances which supposed, one likewise supposes the reverence and fear of the subjects towards the commonwealth, and which abstracted, one makes abstraction likewise of that fear and reverence, and therewith of the commonwealth itself. The commonwealth, then, to maintain its independence, is bound to preserve the causes of fear and reverence, otherwise it ceases to be a commonwealth. For the person or persons that hold dominion can no more combine with the keeping up of majesty the running with harlots drunk or naked about the streets, or the performances of a stage-player, or the open violation or contempt of laws pa.s.sed by themselves, than they can combine existence with non-existence. But to proceed to slay and rob subjects, ravish maidens, and the like, turns fear into indignation and the civil state into a state of enmity.
We see, then, in what sense we may say, that a commonwealth is bound by laws and can do wrong. But if by "law" we understand civil law, and by "wrong" that which, by civil law, is forbidden to be done, that is, if these words be taken in their proper sense, we cannot at all say that a commonwealth is bound by laws or can do wrong. For the maxims and motives of fear and reverence which a commonwealth is bound to observe in its own interest, pertain not to civil jurisprudence, but to the law of Nature, since they cannot be vindicated by the civil law, but by the law of war. And a commonwealth is bound by them in no other sense than that in which in the state of Nature a man is bound to take heed that he preserve his independence and be not his own enemy, lest he should destroy himself; and in this taking heed lies not the subjection, but the liberty of human nature. But civil jurisprudence depends on the mere decree of the commonwealth, which is not bound to please any but itself, nor to hold anything to be good or bad, but what it judges to be such for itself. And, accordingly, it has not merely the right to avenge itself, or to lay down and interpret laws, but also to abolish the same, and to pardon any guilty person out of the fullness of its power.
Contracts or laws, whereby the mult.i.tude transfers its right to one council or man, should without doubt be broken, when it is expedient for the general welfare to do so. But to decide this point, whether, that is, it be expedient for the general welfare to break them or not, is within the right of no private person, but of him only who holds dominion; therefore of these laws he who holds dominion remains sole interpreter. Moreover, no private person can by right vindicate these laws, and so they do not really bind him who holds dominion.
Notwithstanding, if they are of such a nature that they cannot be broken without at the same time weakening the commonwealth"s strength, that is, without at the same time changing to indignation the common fear of most of the citizens, by this very fact the commonwealth is dissolved, and the contract comes to an end; and therefore such contract is vindicated not by the civil law, but by the law of war. And so he who holds dominion is not bound to observe the terms of the contract by any other cause than that, which bids a man in the state of Nature to beware of being his own enemy, lest he should destroy himself.
III
_Of the Best State of a Dominion_[39]
We have shown that man is then most independent when he is most led by reason, and, in consequence, that that commonwealth is most powerful and most independent which is founded and guided by reason. But, as the best plan of living, so as to a.s.sure to the utmost self-preservation, is that which is framed according to the dictate of reason, therefore it follows that that in every kind is best done, which a man or commonwealth does, so far as he or it is in the highest degree independent. For it is one thing to till a field by right, and another to till it in the best way.
One thing, I say, to defend or preserve oneself, and to pa.s.s judgment by right, and another to defend or preserve oneself in the best way, and to pa.s.s the best judgment; and, consequently, it is one thing to have dominion and care of affairs of state by right, and another to exercise dominion and direct affairs of state in the best way. And so, as we have treated of the right of every commonwealth in general, it is time to treat of the best state of every dominion.
Now the quality of the state of any dominion is easily perceived from the end of the civil state, which end is nothing else but peace and security of life. And therefore that dominion is the best, where men pa.s.s their lives in unity, and the laws are kept unbroken. For it is certain, that seditions, wars, and contempt or breach of the laws are not so much to be imputed to the wickedness of the subjects, as to the bad state of a dominion. For men are not born fit for citizenship, but must be made so. Besides, men"s natural pa.s.sions are everywhere the same; and if wickedness more prevails, and more offenses are committed in one commonwealth than in another, it is certain that the former has not enough pursued the end of unity, nor framed its laws with sufficient forethought; and that, therefore, it has failed in making quite good its right as a commonwealth. For a civil state, which has not done away with the causes of seditions, where war is a perpetual object of fear, and where, lastly, the laws are often broken, differs but little from the mere state of Nature, in which every one lives after his own mind at the great risk of his life.
But as the vices and inordinate license and contumacy of subjects must be imputed to the commonwealth, so, on the other hand, their virtue and constant obedience to the laws are to be ascribed in the main to the virtue and perfect right of the commonwealth. And so it is deservedly reckoned to Hannibal as an extraordinary virtue, that in his army there never arose a sedition.
Of a commonwealth, whose subjects are but hindered by terror from taking arms, it should rather be said, that it is free from war, than that it has peace. For peace is not mere absence of war, but is a virtue that springs from force of character: for obedience is the constant will to execute what, by the general decree of the commonwealth, ought to be done. Besides, that commonwealth whose peace depends on the sluggishness of its subjects, that are led about like sheep to learn but slavery, may more properly be called a desert than a commonwealth.
When, then, we call that dominion best, where men pa.s.s their lives in unity, I understand a human life, defined not by mere circulation of the blood, and other qualities common to all animals, but above all by reason, the true excellence and life of the mind.
But be it remarked that, by the dominion which I have said is established for this end, I intend that which has been established by a free mult.i.tude, not that which is acquired over a mult.i.tude by right of war. For a free mult.i.tude is guided more by hope than fear; a conquered one, more by fear than by hope: inasmuch as the former aims at making use of life, the latter but at escaping death. The former, I say, aims at living for its own ends, the latter is forced to belong to the conqueror; and so we say that this is enslaved, but that free. And, therefore, the end of a dominion, which one gets by right of war, is to be master, and have rather slaves than subjects. And although between the dominion created by a free mult.i.tude, and that gained by right of war, if we regard generally the right of each, we can make no essential distinction; yet their ends, as we have already shown, and further the means to the preservation of each are very different.
But what means a prince, whose sole motive is l.u.s.t of mastery, should use to establish and maintain his dominion, the most ingenious Machiavelli has set forth at large,[40] but with what design one can hardly be sure. If, however, he had some good design, as one should believe of a learned man, it seems to have been to show, with how little foresight many attempt to remove a tyrant, though thereby the causes which make the prince a tyrant can in no wise be removed, but, on the contrary, are so much the more established, as the prince is given more cause to fear, which happens when the mult.i.tude has made an example of its prince, and glories in the parricide as in a thing well done.
Moreover, he perhaps wished to show how cautious a free mult.i.tude should be of entrusting its welfare absolutely to one man, who, unless in his vanity he thinks he can please everybody, must be in daily fear of plots, and so is forced to look chiefly after his own interest, and, as for the mult.i.tude, rather to plot against it than consult its good. And I am the more led to this opinion concerning that most far-seeing man, because it is known that he was favorable to liberty, for the maintenance of which he has besides given the most wholesome advice.
FOOTNOTES:
[36] From _A Political Treatise_, ch. iii, same t.i.tle.
[37] Literally, "oil and trouble"--a common proverbial expression in Latin.
[38] From _A Political Treatise_, ch. iv, same t.i.tle.
[39] From _A Political Treatise_, ch. v, same t.i.tle.
[40] In his book called "Il Principe," or "The Prince."
CHAPTER XVIII
FREEDOM OF THOUGHT AND SPEECH[41]
If men"s minds were as easily controlled as their tongues, every king would sit safely on his throne, and government by compulsion would cease; for every subject would shape his life according to the intentions of his rulers, and would esteem a thing true or false, good or evil, just or unjust, in obedience to their dictates. However, ... no man"s mind can possibly lie wholly at the disposition of another, for no one can willingly transfer his natural right of free reason and judgment, or be compelled so to do. For this reason government which attempts to control minds is accounted tyrannical, and it is considered an abuse of sovereignty and a usurpation of the rights of subjects to seek to prescribe what shall be accepted as true, or rejected as false, or what opinions should actuate men in their worship of G.o.d. All these questions fall within a man"s natural right, which he cannot abdicate even with his own consent.
I admit that the judgment can be biased in many ways, and to an almost incredible degree, so that while exempt from direct external control it may be so dependent on another man"s words, that it may fitly be said to be ruled by him; but although this influence is carried to great lengths, it has never gone so far as to invalidate the statement that every man"s understanding is his own, and that brains are as diverse as palates.
Moses, not by fraud, but by Divine virtue, gained such a hold over the popular judgment that he was accounted superhuman, and believed to speak and act through the inspiration of the Deity; nevertheless, even he could not escape murmurs and evil interpretations. How much less then can other monarchs avoid them! Yet such unlimited power, if it exists at all, must belong to a monarch, and least of all to a democracy, where the whole or a great part of the people wield authority collectively.
This is a fact which I think every one can explain for himself.
However unlimited, therefore, the power of a sovereign may be, however implicitly it is trusted as the exponent of law and religion, it can never prevent men from forming judgments according to their intellect, or being influenced by any given emotion. It is true that it has the right to treat as enemies all men whose opinions do not, on all subjects, entirely coincide with its own; but we are not discussing its strict rights, but its proper course of action. I grant that it has the right to rule in the most violent manner, and to put citizens to death for very trivial causes, but no one supposes it can do this with the approval of sound judgment. Nay, inasmuch as such things cannot be done without extreme peril to itself, we may even deny that it has the absolute power to do them, or, consequently, the absolute right; for the rights of the sovereign are limited by his power.
Since, therefore, no one can abdicate his freedom of judgment and feeling; since every man is by indefeasible natural right the master of his own thoughts, it follows that men, thinking in diverse and contradictory fashions, cannot, without disastrous results, be compelled to speak only according to the dictates of the supreme power. Not even the most experienced, to say nothing of the mult.i.tude, know how to keep silence. Men"s common failing is to confide their plans to others, though there be need for secrecy, so that a government would be most harsh which deprived the individual of his freedom of saying and teaching what he thought; and would be moderate if such freedom were granted. Still we cannot deny that authority may be as much injured by words as by actions. Hence, although the freedom we are discussing cannot be entirely denied to subjects, its unlimited concession would be most baneful; we must, therefore, now inquire, how far such freedom can and ought to be conceded without danger to the peace of the state, or the power of the rulers.
It follows, plainly, from the explanation given above, of the foundations of a state, that the ultimate aim of government is not to rule, or restrain by fear, nor to exact obedience, but, contrariwise, to free every man from fear that he may live in all possible security; in other words, to strengthen his natural right to exist and work without injury to himself or others.
No, the object of government is not to change men from rational beings into beasts or puppets, but to enable them to develop their minds and bodies in security, and to employ their reason unshackled; neither showing hatred, anger or deceit, nor watched with the eyes of jealousy and injustice. In fact, the true aim of government is liberty.
Now we have seen that in forming a state the power of making laws must either be vested in the body of the citizens, or in a portion of them, or in one man. For, although men"s free judgments are very diverse, each one thinking that he alone knows everything, and although complete unanimity of feeling and speech is out of the question, it is impossible to preserve peace unless individuals abdicate their right of acting entirely on their own judgment. Therefore, the individual justly cedes the right of free action, though not of free reason and judgment; no one can act against the authorities without danger to the state, though his feelings and judgment may be at variance therewith; he may even speak against them, provided that he does so from rational conviction, not from fraud, anger or hatred, and provided that he does not attempt to introduce any change on his private authority.
For instance, supposing a man shows that a law is repugnant to sound reason, and should therefore be repealed; if he submits his opinion to the judgment of the authorities (who alone have the right of making and repealing laws), and meanwhile acts in nowise contrary to that law, he has deserved well of the state, and has behaved as a good citizen should; but if he accuses the authorities of injustice, and stirs up the people against them, or if he seditiously strives to abrogate the law without their consent, he is a mere agitator and rebel.
Thus we see how an individual may declare and teach what he believes, without injury to the authority of his rulers, or to the public peace; namely, by leaving in their hands the entire power of legislation as it affects action, and by doing nothing against their laws, though he be compelled often to act in contradiction to what he believes, and openly feels, to be best.
Such a course can be taken without detriment to justice and dutifulness, nay, it is the one which a just and dutiful man would adopt. We have shown that justice is dependent on the laws of the authorities, so that no one who contravenes their accepted decrees can be just, while the highest regard for duty, as we have pointed out, is exercised in maintaining public peace and tranquillity. These could not be preserved if every man were to live as he pleased. Therefore it is no less than undutiful for a man to act contrary to his country"s laws, for if the practice became universal the ruin of states would necessarily follow.
Hence, so long as a man acts in obedience to the laws of his rulers, he in nowise contravenes his reason, for in obedience to reason he transferred the right of controlling his actions from his own hands to theirs. This doctrine we can confirm from actual custom, for in a conference of great and small powers, schemes are seldom carried unanimously, yet all unite in carrying out what is decided on, whether they voted for or against. But I return to my proposition.
From the fundamental notions of a state, we have discovered how a man may exercise free judgment without detriment to the supreme power: from the same premises we can no less easily determine what opinions would be seditious. Evidently those which by their very nature nullify the compact by which the right of free action was ceded. For instance, a man who holds that the supreme power has no rights over him, or that promises ought not to be kept, or that every one should live as he pleases, or other doctrines of this nature in direct opposition to the above-mentioned contract, is seditious, not so much from his actual opinions and judgment, as from the deeds which they involve; for he who maintains such theories abrogates the contract which tacitly, or openly, he made with his rulers. Other opinions which do not involve acts violating the contract, such as revenge, anger, and the like, are not seditious, unless it be in some corrupt state, where superst.i.tious and ambitious persons, unable to endure men of learning, are so popular with the mult.i.tude that their word is more valued than the law.
However, I do not deny that there are some doctrines which, while they are apparently only concerned with abstract truths and falsehoods, are yet propounded and published with unworthy motives.... Reason should nevertheless remain unshackled. If we hold to the principle that a man"s loyalty to the state should be judged, like his loyalty to G.o.d, from his actions only--namely, from his charity towards his neighbors; we cannot doubt that the best government will allow freedom of philosophical speculation no less than of religious belief. I confess that from such freedom inconveniences may sometimes arise, but what question was ever settled so wisely than no abuses could possibly spring therefrom? He who seeks to regulate everything by law is more likely to arouse vices than to reform them. It is best to grant what cannot be abolished, even though it be in itself harmful. How many evils spring from luxury, envy, avarice, drunkenness and the like, yet these are tolerated--vices as they are--because they cannot be prevented by legal enactments. How much more, then, should free thought be granted, seeing that it is in itself a virtue and that it cannot be crushed! Besides, the evil results can easily be checked, as I will show, by the secular authorities, not to mention that such freedom is absolutely necessary for progress in science and the liberal arts: for no man follows such pursuits to advantage unless his judgment be entirely free and unhampered.