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theologico-political treatise p1(舞僥嚥屓嵶廨籾冩梢1)-及21嫗

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renegades   were   admitted   to   all   the   native   privileges   of   Spaniards�察  �and 

deemed worthy of filling all honourable offices�察�it came to pass that they 

straightway   became   so   intermingled   with   the   Spaniards   as   to   leave   of 

themselves       no   relic   or  remembrance。        ��103��    But    exactly    the   opposite 

happened       to  those    whom      the  king    of  Portugal     compelled      to   become 

Christians�察  �for   they   always�察  �though   converted�察  �lived   apart�察  �inasmuch   as 

they were considered unworthy of any civic honours。 

     ��104�� The sign of circumcision is�察�as I think�察�so important�察�that I could 

persuade   myself   that   it   alone   would   preserve   the   nation   for   ever。   ��105�� 

Nay�察�I would go so far as to believe that if the foundations of their religion 

have   not   emasculated   their   minds   they   may   even�察  �if   occasion   offers�察  �so 

changeable are human affairs�察�raise up their empire afresh�察�and that God 

may a second time elect them。 

     ��106��   Of   such   a   possibility   we   have   a   very   famous   example   in   the 



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Chinese。 ��107�� They�察�too�察�have some distinctive mark on their heads which 

they most scrupulously observe�察�and by which they keep themselves apart 

from     everyone     else�察  �and   have    thus   kept   themselves     during    so   many 

thousand   years   that   they   far   surpass   all   other   nations   in   antiquity。   ��108�� 

They  have   not   always   retained   empire�察  �but  they  have   recovered   it   when 

lost�察�and doubtless will do so again after the spirit of the Tartars becomes 

relaxed through the luxury of riches and pride。 

     ��109�� Lastly�察�if any one wishes to maintain that the Jews�察�from this or 

from   any   other     cause�察  �have   been    chosen   by   God   for   ever�察   �I   will  not 

gainsay him if he will admit that this choice�察�whether temporary or eternal�察�

has no regard�察�in so far as it is peculiar to the Jews�察�to aught but dominion 

and     physical     advantages      ��for    by   such     alone    can    one    nation    be 

distinguished from another���察�whereas in regard to intellect and true virtue�察�

every nation is on a par with the rest�察�and God has not in these respects 

chosen one people rather than another。 



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      CHAPTER IV。 ´ OF THE DIVINE 

                                      LAW。 



     ��1��   The   word    law�察 �taken   in  the  abstract�察  �means    that  by   which    an 

individual�察�or all things�察�or as many things as belong to a particular species�察�

act in one and the same fixed and definite manner�察�which manner depends 

either on natural necessity or on human decree。 ��2�� A law which depends 

on natural necessity is one which necessarily follows from the nature�察�or 

from   the   definition   of   the   thing   in   question�察  �a   law   which   depends   on 

human   decree�察  �and   which   is   more   correctly   called   an   ordinance�察  �is   one 

which men have laid down for themselves and others in order to live more 

safely or conveniently�察�or from some similar reason。 

     ��3��   For   example�察  �the  law   that   all   bodies   impinging   on   lesser   bodies�察�

lose as much of their own motion as they communicate to the latter is a 

universal law of all bodies�察�and depends on natural necessity。 ��4�� So�察�too�察�

the   law   that   a   man   in   remembering   one   thing�察  �straightway   remembers 

another either like it�察�or which he had perceived simultaneously with it�察�is 

a law which necessarily follows from the nature of man。 ��5�� But the law 

that men must yield�察�or be compelled to yield�察�somewhat of their natural 

right�察�and that they bind themselves to live in a certain way�察�depends on 

human      decree。    ��6��  Now�察    �though    I  freely   admit    that  all  things    are 

predetermined by  universal   natural laws   to   exist   and operate   in   a   given�察�

fixed�察�and definite manner�察�I still assert that the laws I have just mentioned 

depend on human decree。 

     ��1。�� ��7�� Because man�察�in so far as he is a part of nature�察�constitutes a 

part of the   power   of nature。 ��8�� Whatever�察  �therefore�察  �follows   necessarily 

from the necessity of human nature ��that is�察�from nature herself�察�in so far 

as we conceive of her as acting through man�� follows�察�even though it be 

necessarily�察�from human power。 ��9�� Hence the sanction of such laws may 

very well be said to depend on man's decree�察�for it principally depends on 

the  power   of   the   human   mind�察  �so   that   the   human   mind   in   respect   to   its 

perception of things as true and false�察�can readily be conceived as without 

such laws�察�but not without necessary law as we have just defined it。 



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     ��2。�� ��10�� I have stated that these laws depend on human decree because 

it is well to define and explain things by their proximate causes。 ��11�� The 

general consideration of fate and the concatenation of causes would aid us 

very    little  in  forming     and   arranging     our   ideas    concerning     particular 

questions。      ��12��   Let   us   add    that  as   to   the  actual    coordination      and 

concatenation       of   things�察  �that  is  how    things    are  ordained     and   linked 

together�察  �we   are   obviously   ignorant�察  �therefore�察  �it   is   more   profitable   for 

right living�察�nay�察�it is necessary for us to consider things as contingent。 ��13�� 

So much about law in the abstract。 

     ��14�� Now the word law seems to be only applied to natural phenomena 

by analogy�察�and is commonly taken to signify a command which men can 

either    obey    or  neglect�察  �inasmuch      as  it  restrains   human     nature   within 

certain originally exceeded limits�察�and therefore lays down no rule beyond 

human strength。 ��15�� Thus it is expedient to define law more particularly 

as   a   plan   of   life   laid   down   by   man   for   himself   or   others   with   a   certain 

object。 

     ��16�� However�察�as the true object of legislation is only perceived by a 

few�察�and most men are almost incapable of grasping it�察�though they live 

under its conditions�察�legislators�察�with a view to exacting general obedience�察�

have   wisely   put   forward   another   object�察  �very   different   from   that   which 

necessarily follows from the nature of law�此�they promise to the observers 

of the law that which the masses chiefly desire�察�and threaten its violators 

with that which they chiefly fear�此�thus endeavouring to restrain the masses�察�

as far as may be�察�like a horse with a curb�察�whence it follows t
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