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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。
(20:28) 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。 (29) 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。 (30) But I return to my proposition。
(20:31) 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。 (32) Evidently those which by their very nature nullify the
compact by which the right of free action was ceded。 (33) 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 everyone 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。 (34) Other opinions which do not involve acts violating the
contract; such as revenge; anger; and t he like; are not seditious; unless
it be in some。 corrupt state; where superstitious and ambitious persons;
unable to endure men of learning; are so popular with the multitude
that their word is more valued than the law。
(20:35) 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。 (36) This question we
have discussed in Chapter XV。; and shown that reason should nevertheless
remain unshackled。 (37) If we hold to the principle that a man's loyalty to
the state should be judged; like his loyalty to God; from his actions only …
namely; from his charity towards his neighbours; we cannot doubt that the
best government will allow freedom of philosophical speculation no less than
of religious belief。 (38) I confess that from such freedom inconveniences
may sometimes arise; but what question was ever settled so wisely that no
abuses could possibly spring therefrom? (39) He who seeks to regulate
everything by law; is more likely to arouse vices than to reform them。 (40)
It is best to grant what cannot be abolished; even though it be in itself
harmful。 (41) 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。 (42) How much more then should free
thought be granted; seeing that it is in itself a virtue and that it cannot
be crushed! (43) 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。
(20:44) But let it be granted that freedom may be crushed; and men be so
bound down; that they do not dare to utter a whisper; save at the bidding of
their rulers; nevertheless this can never be carried to the pitch of making
them think according to authority; so that the necessary consequences would
be that men would daily be thinking one thing and saying another; to the
corruption of good faith; that mainstay of government; and to the fostering
of hateful flattery and perfidy; whence spring stratagems; and the
corruption of every good art。
(20:45) It is far from possible to impose uniformity of speech; for the more
rulers strive to curtail freedom of speech; the more obstinately are
they resisted; not indeed by the avaricious; the flatterers; and other
numskulls; who think supreme salvation consists in filling their stomachs
and gloating over their money…bags; but by those whom good education; sound
morality; and virtue have rendered more free。 (46) Men; as generally
constituted; are most prone to resent the branding as criminal of opinions
which they believe to be true; and the proscription as wicked of that which
inspires them with piety towards God and man; hence they are ready to
forswear the laws and conspire against the authorities; thinking it not
shameful but honourable to stir up seditions and perpetuate any sort of
crime with this end in view。 (47) Such being the constitution of human
nature; we see that laws directed against opinions affect the generous
minded rather than the wicked; and are adapted less for coercing criminals
than for irritating the upright; so that they cannot be maintained without
great peril to the state。
(20:48) Moreover; such laws are almost always useless; for those who hold
that the opinions proscribed are sound; cannot possibly obey the law;
whereas those who already reject them as false; accept the law as a kind of
privilege; and make such boast of it; that authority is powerless to repeal
it; even if such a course be subsequently desired。
(20:49) To these considerations may be added what we said in Chapter XVIII。
in treating of the history of the Hebrews。 (50) And; lastly; how many
schisms have arisen in the Church from the attempt of the authorities to
decide by law the intricacies of theological controversy! (51) If men were
not allured by the hope of getting the law and the authorities on their
side; of triumphing over their adversaries in the sight of an applauding
multitude; and of acquiring honourable distinctions; they would not strive
so maliciously; nor would such fury sway their minds。 (52) This is taught
not only by reason but by daily examples; for laws of this kind prescribing
what every man shall believe and forbidding anyone to speak or write to the
contrary; have often been passed; as sops or concessions to the anger of
those who cannot tolerate men of enlightenment; and who; by such harsh and
crooked enactments; can easily turn the devotion of the masses into fury and
direct it against whom they will。 (53) How much better would it be
to restrain popular anger and fury; instead of passing useless laws;
which can only be broken by those who love virtue and the liberal arts; thus
paring down the state till it is too small to harbour men of talent。 (54)
What greater misfortune for a state can be conceived then that