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disposition of another; for no one can willingly transfer his natural right
of free reason and judgment; or be compelled so to do。 (3) 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
God。 (4) All these questions fall within a man's natural right; which he
cannot abdicate even with his own consent。
(20:5) I admit that the judgment can be biassed 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。
(20:6) 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。 (7) How much less then can
other monarchs avoid them! (8) 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。 (9) This
is a fact which I think everyone can explain for himself。
(20:10) 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。 (11) 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。 (12) 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。 (13)
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。
'20:2' (14) 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。 (15) Not even the most
experienced; to say nothing of the multitude; know how to keep silence。 (16)
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。 (17) 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; and
this; as I said at the beginning of Chapter XVI。; is my principal object。
(18) 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。
(20:19) No; the object of government is not to change men from rational
beings into beasts or puppets; but to enable them to develope 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。 (20) In fact; the true aim of government is liberty。
(20:21) 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。 (22) For; although mens 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。 '20:3' (23) 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。
(20:24) 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。
(20:25) 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。
(20:26) 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。
(27) 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 in the preceding chapter; is
exercised in maintaining public peace and tranquillity; these could not be
preserved if every man were to l