theologico-political treatise p4(神学与政治专题研究4)-第22章
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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
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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
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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 honourable men should be sent like criminals
into exile； because they hold diverse opinions which they cannot disguise？
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（55） What； I say； can be more hurtful than that men who have committed
no crime or wickedness should； simply because they are enlightened； be
treated as enemies and put to death； and that the scaffold； the terror of evil…
doers； should become the arena where the highest examples of tolerance
and virtue are displayed to the people with all the marks of ignominy that
authority can devise？
（20：56） He that knows himself to be upright does not fear the death of
a criminal； and shrinks from no punishment； his mind is not wrung with
remorse for any disgraceful deed： he holds that death in a good cause is no
punishment； but an honour； and that death for freedom is glory。
（20：57） What purpose then is served by the death of such men； what
example in proclaimed？ the cause for which they die is unknown to the
idle and the foolish； hateful to the turbulent； loved by the upright。 （58） The
only lesson we can draw from such scenes is to flatter the persecutor； or
else to imitate the victim。
（20：58） If formal assent is not to be esteemed above conviction； and if
governments are to retain a firm hold of authority and not be compelled to
yield to agitators； it is imperative that freedom of judgment should be
granted； so that men may live together in harmony； however diverse； or
even openly contra
