THE

SPIRIT LAWS.
O
K
Tranflatcd from the

FRENCH

of

M.

DE SECONDAT,
By
Mr.

BARON DE MONTESQJJIEU,

NUGENT,
VOL
I.

Prolem fine matre creatam.

The

THIRD EDITION

corrected

and

confiderably improved.

3LIOTHECA

LONDON,
Printed for J.

;\*

NOURSE and P. VAILLANT MDCCLVIII.

in the Strand.

THE

TRANSLATOR
TO THE

READER.
f
{Iri6lefl jufbice

n ow i ng wor k may with the be laid to have

to

done honour

human

nature

as well as to the great abilities

of the author.

The

wifeft

and moft learned

men, and thofe moil diftinguiihed by birth and the elevation of their llations, have, in
every country in Europe, confidered
it

as a

moft excellent performance.

juftly celebrated
fenfe,

And may we
-j-

be
as

permitted to add, that a fovereign prince

for
his

as for his

political

probity and good and military ikill,

Tlje prefent

King of Sardinia.

has

iv

THE TRANSLATOR
has declared that from

M.

de Montefquieu he

But had has learnt the art of government. the illuftrious author received no fuch diftin-

guimed honor, the numerous editions of this work in French, and their fudden fpreading through all Europe, are a fufficient teftimony of the high eileem with which it has

been received by the public.

which has been

But notwithftanding the deferved applaufe fo liberally beftowed on the

author, there have been fome *

who have not

1

only endeavoured to have treated him with

blaft
all

his laurels,

that fcurrility

which

bigotry and fuperftition are apt, on every occafion, to

^ood

fenfe.

throw out againft truth, reafon and Thefe M. de Montefquieu has

himielf anfwered, in a feparate treatiie intitled,

A defence of the Spirit of Laws

we have thought proper

>

from whence
for the

to extract,

fake of fuch as have not feen that treatife,

the principal of thole objections, and the fubftance of

iirft

what has been given

that this
in

in reply
is

Only

oblerving,

defence
firft

divided

into

three parts,

the

of which he

aniwers the general reproaches that have been thrown out againfl him 9 in the fecond he
-

replies

TO THE READER.
replies

to particular reproaches

and

in the

third, he gives feme reflections on the man ner in which his work has been criticized.

The author firft complains of his being charged both with efpoufmg the doctrines of Spinofa, and with being a Deift, two opi
nions directly contradictory to each other. To the former of thefe he anfwers, by phci in one view the feveral pallages in the Spirit
of

Laws

directly levelled againfl the doctrii

-,

of Spinofa

and then he

replies to the objec

tions that have been

made

to thole pal Hit.;

upon which

this injurious

The

critic aflerts

charge is founded. that our author fhimlA

>

at his firft fctting

out,
in

and

is

offended at

his faying, that

Laws
t/

their mnft txtcx;

v

arc fignification^

relations

a\

from

the iwlio c cj things.

To
it

this

he replies,

that the critic

had heard

laid that Spinofa

had maintained that the world was governed by a blind and necefTary principle and from
;

hence on feeing the word neceffhry, cludes that this mull be Spinofifm
j

Ive

con

though

what

is

moil fuprizing,

this article

is di:

levelled at the

dangerous principles maintained

s

by Spinofa

That he had Hobbes

fyflem in
his

vi

THE TRANSLATOR
his eye, a fyftem,

which, as

it

makes

all

the

depend on the eftablifhment of human laws, and as it would prove that

virtues

and

vices

men were born

the
all,
firft

in a ftate of war,
is

and that
all againft:

law of nature

war of
all

overturns, like Spinofa,

morality.
that

religion,
this

and
po-

all

Hence he
there

laid

down

fition,

were laws of

juftice

and

equity before the eftablifhment

of pofitive

laws

hence

alfo

he

beings had
creation

laws;

has proved that all that even before their

God

they had porTible laws ; and that himfelf had laws, that is, the laws, which he himfelf had made. He has fhewn *

that nothing can be

tion that

more

falfe

than the

afler-

men
it

were born

in a ftate of

war

and has made

mence

till

appear that wars did not com after the eftablilhment of fociety.

His principles are here extremely clear ; from whence it follows, that as he has attacked

Hobbes
thofe
tle

errors,

of Spinofa

he has confequently attacked and he has been fo lit

;

underftood, that they have taken for the

Spinofa,
thofe very objections

opinions of

which were made againft Spinofifm.

* Book
i.

Chap.

i.

Again,

TO THE READER.
Again, the author has (aid that the creation which appears to be an arbitrary aft, uppfc$

vii

laws as invariable as the fatality of the Alhcijh.

From

thefe

words the

critic

concludes that the

author admits the

fatality of the Atheiils.

To

this

he anfwers, that he had

juft before

deftroyed this fatality, by reprefenting it as the greateft abfurdity to fuppofe that a blind
fatality

was capable of producing

Befkles,

intelligent

beings.
fured,

in

the

paflagc here

ccn-

he can only be made to lay what lie he does not fpeak of caufcs, does fay really but he fpeaks nor does he compare caufes
:

of effects and compares

article,

effects.

The wholo
what
follows,

what
it

goes before and

is

make

evident, that there

nothing here
which,

intended but the

laws of

motion,

according to the author, had been eftabliihed

by God
has

thefe laws

are invariable

this

he

afferted,

and

all

natural philofophy has

;

afferted the

becaufe
fo,

God

fame thing they are invariable has been pleafed to make them
to

and becaufe he has pleafed

prefer ve

the world.

When

the author therefore fays

to be

that the creation

bitrary act,

which appears

an ar

fuppofes laws as invariable as the

fatality

viii

THE TRANSLATOR
fatality

of the Atheifts, he cannot be under-

flood to fay that the creation was a neceflary a6t like the fatality of the Atheifts.

Having vindicated himfelf from the charge of Spinofifm, he proceeds to the other accufation, and from a multitude of paffages col
lected together

proves that he has not only

;

acknowledged the truth of revealed religion

but that he
is

with Christianity, and endeavours to make it appear amiable in the

in love

eyes of others.

He

then enquires into what

his adverfaries have laid to prove the contrary,

obferving that the proofs ought to bear fome

proportion to the accuiation

fation
is

that this accu-

not of a frivolous nature,

and that

the proofs therefore ought not to be frivolous.

The

firft

objection

is,

that he has praifed

fatality,

the Stoics,

who
is

admitted a blind

and that
ligion.
14

this

the foundation of natural re

To

this

he replies,

"

wdll for a

"

fuppofe that this falfe manner of has the au realbning has fome weight
:

moment

"

thor praifed the pbilofophy and metaphyfics of the Stoics ? He has their
praifed

morals, and has faid that the people reaped

great benefit from

them

he has faid
"

this,

and

TO THE READER.
"

ix

and he has

faid

no more

am

miftakcn,

"

cc

he has faid more, he has at the beginning of his book attacked this fatality, he does
not then praife
Stoics."

"

it,

when he

praifes

the

"

The

fecond objection
in calling
<c

is,

that

he has

praifed Bayle,

him a great man.

true that the au-

To
"

this

he anfwers,

It is

ct

thor has called Bayle a great man, but lie has cenfured his opinions: if he hasccniurcd

<c

ff

them, he has not efpoufed them and fince he has cenfured his opinions, he docs not
:

"

call

him

a great

man

becaule of his opinithat Bayle

;

"

ons.

Every body knows

had a

<c

<c

great genius which he abufed but this genius which he abufed, he had: the au-

<

thor has attacked his fophifms, and pities

"

him on account of
the

his errors.

do not love

fc

men who
;

fubvert
I

the

laws of their

cc

country

but

fliould find great difficulty

in believing that Cn-far

little

and Cromwell hud

minds

I
it

am

net in love with con

difficult to

querors,
(C

but

would be very

perfuade
<c

me

to believe that Alexander

and

Jenghiz-Khan were men of only a common

genius.
Befides,
I

have remarked, that

"

the

THE TRANSLATOR
"

the declamations of angry

little

men make

but

"

"

on any except thofe who imprefiion are angry the greateft part of the readers
:

cc
Cf

are

men

of moderation,

and feldom take

;

up

a book but

when

they arc in cool blood

"

for rational

and

fenfible

men

love reafon.

<c

Had

the author loaded Bayle with a thou-

cc

"

fand injurious reproaches, it would not have followed from thence, that Bayle had
reafoned well or
ill
;

"

all

that his readers

"

would have been

would have been,

able to conclude
that

from

it

"

the author

knew

cc

how The
his

to be

abufive."

third objection
firft

is,

that

he has not

in

To
"

chapter fpoken of original fin. I afk which he replies : every fenfible

"

man if this chapter is

if

a treatife of divinity

ic

the author had fpoken of original fin, they

"

"

might have imputed it to him as a crime that he had not fpoken of redemption/*

The next objection

"
c<

takes notice, that

"The

author has faid that in England felf-murder is the effect of a diftemper, and that it cannot be punifhed without punifliing the effects of madnefs; the confequence the critic draws

"

c<

<c

from hence

is,

that a follower of natural

"

religion

TO THE READER.
"

xi

"

religion can never forget that England is the cradle of his feel, and that he rubs a fponge

"

over

all
"

the crimes he found there/

He
that
;

replies,
it

The author
is

does not

know

England
tc

the cradle of natural religion

but he knows that England was not his He is not of the fame religious cradle.
fenriments as

ct
ct

<c

an Englifhman, any more than an Englifhman who fpcaks of the phyfical effects he found in France, is not
of the fame religion as the French. He is not a follower of natural religion but he
;

"

<f

"

wifhes that his critic was a follower of

natural
logic."

<c

Thefe

are the principal objections levelled

againft our

author,

on
will

this

head,

from
fee

which our reader

fufficiently

on
this

what

trifling,

what
is

puerile

arguments

charge of Dcifm

founded.

He

concludes

however
religion

this article,

with a defence of the

of nature,

and fuch a defence

as

every

rational Chriftran

muft undoubtedly
firft
I

approve. Before
"

conclude this

part,

am

cc

tempted

to

make one
fo

who

has
2

made

objection againft him many; but he has fo

"

ilunned

xii
<c

THE TRANSLATOR
ftunned

my

ears with the

I

words follower of

<c

natural religion, that

fcarcely dare pro-

<c

nounce them.

I fliall

endeavour however
not the
critic s

cc

to take courage.

Do

two

"

<e

pieces (land in greater need of an explication, than that which I defend ? Does he

"

do

well, while fpeaking

"

and
fide

revelation, to fall perpetually

of natural religion upon one

lofe all traces

<c

of the fubjecl, and to

?

of

"

the other

Does he do
from

v/cil

never to dionly the

cc
cc

ftinguifh thofe

who acknowledge
thofe

religion of nature,

who

ac

<c

<c

knowledge both natural and revealed rcligion ? Does he do well to turn frantic
whenever the author confiders
(late

"

man

in the

<

<c

of natural religion, and whenever he explains any thing on the principles of na?

<c

tural religion

Does he do well to con-

4<

"

found natural religion with Atheifm ? Have I not heard that we have all natural reli
gion

(C

It

is

Have I not heard that Chriftianity the perfection of natural religion ? Have
?

"

"

not heard that natural religion is employed to prove the truth of revelation
I

"

againft the Deifts

tnral religion
is

and that the fame nato prove the ex"

"

employed

iflence

TO THE READER.
"

iftence of a

God

againft the Atheifts

He

"

has faid that the Stoics were the followers

of natural religion
j

"

and

fay,

that they

(C

were Atheifts, fmcc they believed that a

blind fatality governed the univerfe ; it is by the religion of nature that

<c

and

cc

we

<(

oughfc to attack
fays that the

that of the Stoics.

He

(C

tc

connected with that of Spinofa

fchcme of natural religion is and I fay,

;

cc

that they are contradictory to eacli other,

"

and

it

is

by natural

religion

that

we

Cl

(C

ought to dcftroy Spinoia s fchemc. I lay, that to confound natural religion with
Atheifm,
is

CC

to

"

the thing to be

confound the proof with proved, and the objecwith error

itlelf,

"

tions againft error

and

"

that this

is

to take

away the moft povvcrerror."

"

ful arms we have The author now

airainft this o

proceeds

to the

fecond
fol

part of his defence, in which he has the

"

What has the critic done lowing remarks. cc to give an ample fcope to his declamations,
cc
<c

and to open the wideft door to invectives ? he has confidered the author, as if he had
intended to follow the example of M. Abbadye, and had been writing a treatife on
"

"

cc

the

THE TRANSLATOR
"

the Chriftian religion

he has attacked
religion

"

him,

as if his
treatifes

two books on
divinity
;

were

"

two

on

he has cavilled

<{

while he had been talkagainft him, as if

ing of any religion whatfoever which was not Chriftian, he fhould have examined it

<c

"

<

<{

of Chriftianity
in his

according to the principles, and^loctrines he has judged him as if

;

"

two books
to have

relating to religion

he

"

"

ought and Idolaters the doctrines of Chriftianity.

preached to

Mahometans

"

Whenever he
general,

"

has fpoken of religion in whenever he has made ufe of

religion, the critic fays,
;

<e

the

word

that

is

"

the Chriftian religion

whenever he has
rites

"

compared the

religious

of

different

"

nations and has faid that they are

more

"

conformable to the
thefe countries

political government of than fome other rites, the

*c

critic

tc

again fays, you approve them then and abandon the Chriftian faith: when he

ic

"

has fpoken of a people who have never embraced Chriftianity, or who have lived
before Chrift,

"

"

again fays the critic, you do not then acknowledge the morals of
-

Chriftianity

when he has can varied any

11

cuftom

TO THE READER.
cuftom whatfoever, which he has found
"

xv

in a political
Is

writer,

the critic aiks him,

<c

this

doctrine

of Christianity

He
ci

"

might
vilian,
"

as well add,

You
you

fay

you

are a

and

will
:

make you

a divine in

fpite
<c

of

yourfelf

have

given

us

el fe

where feme

very excellent things

oa

"

the Chriftian religion,

to conceal

but

this

was only
I

"

your

real lentiments, for

know

"

your
" "

heart,

and
It is

penetrate
I

thoughts.

true
is

your do not underitand

material
that
I

into

your book,
fhould

nor

it

"

difcover the
it

"

with which

bad defign but I has been written

good or

<l

know
I

the

"

do not
but

boUom of all your thoughts know a word of what you have

:

<c

faid,
((

undcrftand perfectly well, what

faid."

you have not

But

to proceed.

The author

has maintain

ed that polygamy is neceilarily and in its own nature bad ; he has wrote a chapter exprdsly againfl it, and afterwards has examined in a
philofophical manner, in

what

countries, in
it is

what

climates, or in
;

what circumftances

leaf! pernicious

he has compared climates with climates, and countries with countries,

and

*vi

Jti

tt

KAN

S L

<J

K
,

and has found, that

Its effects

there are countries, where

are

lefs

pernicious than in others

becaufe, according to the accounts that have

been given of them, the number of men and women not being every where equal, it is
evident, that if there are places

where there

are
as

more women
it is in
itfelf,

than men, polygamy, bad is there Ids pernicious than

in others.

But

as the title of this chapter *

contains thefe words, Ibat the law of polygamy

an

affair

of calculation^ they have feized

this title as

an excellent fubject for declama

tion.

Having repeated the chapter itfelf, which no objection is made, he pro againft Poceeds to juflify the title and adds
"

"

"

lygamy would know,

is

an

affair
if it is

of calculation

when we

more or

lefs

pernicious

"

in certain climates, in certain countries, in certain circumftances than in others

is
-,

"

it

"

not an

affair

of calculation
it

when we

"

would decide whether

itfelf.

be good or bad in

"

It is

not an

affair
its

of calculation
it

when we
"

reafon on

nature j

may

be

an

affair

of calculation when we combine

in fhort,
* Book
xvi.

"

its effects ;

it

is

never an

affair

Chap. 4.
cc

of

TO THE READER.
"

xvii

of calculation

when we
and

enquire
it

into the

"

end of marriage,

is

(Till

Ids fo,

"

when we enquire
eftablifhecl

into marriage as a

law

and confirmed by Jefus Cfirift. Again, the author having laid, that po lygamy is more conformable to nature in fomc
"

countries than in others, the critic has feizc

the words more conformable

to

nature^ to

ma!

him
"

fay,

that

which he anfwcrs, u
like better to

To he approves polygamy. If I fay, that I /hould

"

docs this a fever

?

have a fever than the fairvy, to have fignify that I fhould like
or only that
the fcurvy
r"

"

is

more

"

difagreeable to

me

than a fever

Having finished his reply to what had been objected on the fubject of polygamy, he
vindicates

that

excellent

part

of his

work

of the climates; \\hen ipeaking of the influence thefe have upon religion, he
treats
fays,

which

f
"

very fenfible that religion is in its nature independent of all phylical caufes whatfoever, that the religion which is
"

am

own

44

good in one country is good in another, and that it cannot be pernicious in one
country without being fo in
* Book
xvi.

"

all

but

yet,

Chap.

4.
I

fay,

THE TRANSLATOR
"

fay,

that

it

is

praftifed

by men,

and

"

has a relation to thofe

it,

who do

"

any

religion
facility

whatfoever

not practife will find a

either

"

greater
<c

in

being practifed,
in
in certain

in the whole or in part,

tries

councir-

"

than in others, and

certain

<

cumftances than in others, and that whoever fays the contrary

to fenfe

"

muft renounce

all

<

underflanding." pretenfions But the critic has been greatly offended by

and

our author
liberty to
it

faying,

* that when a jlatc

reject

is

at

re
to be

or to rejected
;

new

religion,
it

ought
to

ivbcn

it is

received,

ought
jecls,

be

tolerated.

From
has

hence he obadvifed
idola

that

the

author

trous princes, not to admit the ChrifHan re

ligion into their dominions.

To

this

he an-

fwcrs mil by
he. fays,
are, next
-J-

referring to a pafiage in
that the bejl civil
Chrtftianity^
the
;

which

and political lavs

grcatefl
blcjfings
"

to

that
<c

men can give or

is

receive

then Chriftianity
blefling,

If and adds, the firft and greateft

<c

and the

political

and

civil

laws the

<f

fecond, there are

no

political or civil laws

<{

in any ftate that can or ought to

hinder

<c

the entrance of the Chriftian

* Book xxv. Ch, 10.
Ibid,

religion."

Ch,

His

to THE READER.
His fecond anfwer
tc
<c

is,

That the

religion

of heaven

<c

not eflablifhed by the fame methods as the religions of the earth read
is

u the hiilory of the church,

<c

and you
a country,
;

will

fee

the wonders performed by the Chriflian

:

tc

religion
<

was
to

flie

to enter
its

fhe

knew how
ment was
makes
he

open
few

gates
it
;

every inllru-

<c

able to effect

at

one time
at

God

"

ufe of a

fiiheimcii,

another

<c

fets an emperor on the throne, and makes him bow down his head under the

"

yoak
<

of the

gofpcl.

Docs Chrillianity
?

hide hcrfelf in fubterranean caveni^

a moment,

Hay

<c

and you

fc

ing
*f

from the
She

an advocate fpeakh. imperial ihronc on

fee

behalf.
feas,

traverfcs,

whenever ihe
;

plead-

"

rivers,

and mountains

no obflacles
implant
this

Cf

here below can flop her progrefs:

averfion in the mind, averfion
:

tl

flie

will

conquer

<c

eflablifh

cultoms, form

habits,

"

"

publiih edicts, enact laws, fhe will triumph over the climate, over the laws which
refult

"

from

it,

and over the

legiflators

who
us,

<

have made them.

to

God

acting according

(C

decrees

which are
contracts

unknown
the
limits

to

extends
tc

or

of

his

religion.

a 2

He

THE TRANSLATOR
next proceeds to vindicate what he has laid on celibacy ; but as another writer who

He

has done juftice to this work, has

confequences attending the
clergy in a ftronger light, than

fet

the

ill

celibacy
it

of the

would per

haps have been prudent for any gentleman in France to have done, we fhall beg leave to from him. iniert a paragraph or
two"
"

The

tc

bacy,
C(

doctrine of the perfection of celi has produced the fame fnys he,
in Europe, as

deftruftive effects,

the heat

cc

<c

of the climate, the jcaloufy of commandthe flavery of the women have ers, and

"

produced in Afia.

According to the

mod
douevery

11

exact obfervations, a (late that fuffers neithcr peftilence, nor war, nor famine,
bles fixty

"

"

the

number of

its

inhabitants

<

tc

This being granted, every which contains an hundred thoukingdom

years.

<(

fand

"

monks, lofes every fixty years, two hundred thoufand men, and a much greater

"

number

if

an hundred thoufand rronks are

<(

Thus fuppofing that always kept on foot. have had in France fmce the year they
1640,

C(
ct

two

millions

of

fouls

who
"

have

taken the

vow

of celibacy, this

kingdom
has

TO THE READER.
"

has

loft

thefe

two

millions

who have

<c

cc

been unufcful during their life, four mil lions which would have been produced by

cc

them

in

the

fpace

of an

hundred and

cc

cc

twenty years, two millions which would have proceeded from the children of the
firft, from the year 1690 to the year 1750, and two millions which would be produced

cc

cc

cc

"

from the year 1750

all

by the children of the two lad millions In to the year 1810.

ten
millions,
is

<c

lofs

which though

"

immenfe

real
I

bccautc the two millions

cc

upon which

build this computation

may

cc

"

reafonably be fuppofed to be flickered ficm the mifcrics of war and famine, and to

"

propagate in
follows
that

full

fecurity

from hence

it

"

France

cc

millions of fouls,

though

having only twenty it ought without

one third of

cc

the obftacle of celibacy to have thirty mil

lions

cc

by the year 1810,

it

it

lofes

cc

the force

might acquire. Can we then be

that

if

aftonifhed

cc

ftates formerly extremely fnould be now thinly inhabited ? populous Caft an eye on the infinite number of
"

cc

perfons
<c

who

in the

two

laft

ages have taken

the defcend"
r>J

the

vow

of celibacy.
a
7

Compute

<<

ants they

would have had

all

in

thi;

"

To
you

avoid

difpute add only to the

cqi^al to
it,

ene-

rative

number, a number
find

and

<e

will

"

all Europe. were to attempt to calculate the progref-

would be equal to What would they be, if you

that they

"

five

courfe

of generations.

Your imagimultitudes

"

nation would create

immenfe

(C

cf
cc

which celibacy has annihilated. would they bo if you confidered

jecl:

What
this fub-

with the eye of

all

faith,

according to this

<e

principle, that

the people

upon

earth,

"

"

cc

commonly computed an hundred millions, are all defcended from one man, created about fix thoufand years ago you
are
j

who

"

will very readily find,

that even

a dozen

<c

men who
embraced

at

the beginning of Chriftianity

t(

celibacy,

might very well deprive

millions of inhabi-

"

the world of as
tants as
it

many

c<

at this

day contains.
to the Spirit

Thefe are fome of the principal objections

that have been

made

of Laws;
trifling,

objections which however weak and

have been uttered with the zeal of a blind

bigot,

who

feeks to pervert

what he does not

underftand, Truth and good fenfe always meet

with

TO THE READER.
with enemies, and though exprefled in the
ftrongeft

xxiii

and

cleareft

manner,

will be mifin-

terpreted by the ignorant ; and attacked, cen-

fured and

vilified

by
are

thofe,

who, blinded by
to
fee

every thing through a falfe medium. The author has however, done ample juftice to his own

zeal or prejudice,

refolved

work, and has

fufficiently cleared his reputation

from

all
it
;

the afperfions that have been

thrown

upon
as
it

we

ihall therefore

conclude

this pre

face with the third part of his defence, which,

confifts of

fomc excellent

reflections

on the

manner

in

which the
and
as
it

Spirit of

Laws

has been

ciiticifed,

may

be of ufc to direct th
ihall give intire,

judgment of future critics, we and without abbreviation.

"

We

have feen in the two

firft

parts, that
criti-

"

all

that refults
is

from

fo

many

bitter

"

cifms

this, that the author of the Spirit

<c

of

"

"

performed his work according to the plan and the views of his critics; and that it his critics had wrote
has

Laws

not

"

upon
" "

the

fame
it

fubject,

they

would have

inferted in

a great they

number of things
acquainted.
It

with

which
alfo

were

<c

appears

that they are divines, a 4.

and the
"

author

:X1V
ff

Jri

&

K A IN
;

LA
his

OR

author
felves

is

a civilian
to

that they think them-

"

able

perform

bufmefs, and
fit

ct

that he does not think himfelf

for theirs.

et

In fhort,

it

follows, that inftead of attack-,

c
<

ing him with fuch af

they

would
of
:

have done better to have

felt

the value

11

what he has
which he has
fended:
tions,
<{

faid

ft

of religion o equally refpecled and dein

favour

"

ihall

now make fome

is

reflec-

<c

That manner of reafoning

not good,

"

"

"

which being employed againft any good book whatfoever, will make it appear as bad as the worft book whatfoever and
;

**
Cf

"

which being employed againft any bad book whatfoever, may make it appear as good as the beft book whatfoever.
"

That manner of reafoning

calls in others

is

not good,

"

which

to thofe things that are the fubjeel:

11

of difpute,

that are

foreign

<c

to the pvrpofe,

and which confounds the

feveral iciences
fcience.
<

and the

principles

of each

We
built

ought net to difpute upon a work upon a fcience, from reafons that
itfelf.

may

be brought againft the fcience

TO THE READER.
cc

xxv
parti-

When we

criticife

a work,

and

cularly a

large

work, we ought to endea-

"

"

vour to obtain a particular knowledge of the fciencc of which it treats, and carefully

(<

c<

read the approved authors who have already wrote on that fcience, to the
to
to fee if the

CC

<c

end that we may be enabled author has deviated from the

received
"

common and

"

manner
or

of treating the fubjecr.

When an

author explains himfclf by his

"

words,

by writings,
it

which

are

the

<l

image of words,

is

contrary to

reulon

"

to quit the exterior figns

of his thoughts,
thcin-

11

in order to iearch into his thoughts

felves
felf
-

"

becaufe there are none befides hinihis

<c

who know
when

thoughts

it

is

much
and

<c

worfe

his

thoughts are

good,

<c

they attribute to
"

him

thofe that are bad.

When we

write acrainft an author, _j

and

cc

become inccnled againil him,

we ihould

<c

prove the qualifications by the things, and not the tilings by the qualifications.
"

V/hen we
in

find

in

an author a good

intention
<f

general,

we

fhall

be more

rarely deceived, if in certain places

which
to

"

appear equivocal,

we judge according
"

the

AAV1
<C

the general intention, than if

to
"

we impute

"

him

a particular bad intention.

In books defigned for amufement, three

"

ce

or four pages may give an idea of the ftyle, and the perfection of the work in books
:

"

"

of argumentation, we fee nothing do not fee the whole chain.

cc

if

we
a

As

it

is

extremely difficult to

make

cc

good work, and extremely eafy to

criticife
all

iC

upon

it,

becaufe the author has had

II

the pafTcs to guard,

and the

critic

has but
laft
if
it

<c

one to force

it is

necefTary that this

"

fliould never be in the

wrong

and

"

happens that he

is

continually wrong, he

<c

mud
"

be inexcufable.
the
criticifm

Befides, as

may

be confi-

cc

dered as an oftentation of his fuperiority

"

over others, and

gratify

its

ordinary defign
thofe

is

to

"

human

pride,

who

deliver

"

"

themfelves up to this gratification, always deferve to be treated with equity, but fel-

"

dom with indulgence. And as of all the

<c

different

kinds
it is

of

"

writing, this
difficult to

is

that

in

which

moil

"

(hew a good natural

be taken not

difpofition,

care fliould
i

to encreafe

by
the

TO THE READER.
"

xxvii

cc

difaafperity of the exprcffions, the of matter. greeablenefs

the

cc

When
not

a perfon writes on great fubjects,

fufficient that

11

it is

he confults his
;

/:eal

"

he fhould

alfo confult his abilities

and

it

cc

heaven has not granted

C|

we may
felves,
"

fupply them by a

us great talents, dillruft of our-

tc

That

by accuracy, labour, and reflection. art of finding, in what has natu

cc

rally a

cc

ings,
cc

good meaning, all the bad mean which a mind accuftomed to ialic
is

rcafoning can give,

of no fcrvice to
it

man
on

cc

kind

thofe

who

praclife

referable the

(C

ravens

who Hum

living bodies,

and

fly

tc

all lides
"

in fearch of carcaill
criticifm,
:

This conduct, when obferved in

<c

produces two very great

the
firft is,

inconveniences
the

(C

that

it

fpoils

minds of the

Cf

readers,

cc

cc

by a mixture of true and fall good and bad they accuflom themfchx to fearch for a bad fenfc in things that n
:

<c

turally
(C

have a very good one

from whence

it

"

becomes eafy to pafs to a difpofition to fearch for a good fenfe in things that have
;

"

naturally a bad one

the ability of

it

makes them
juftly,

lofe

"

reafoning

by throw"

in g

THE TRANSLATOR
"
c<

ing them into all the fubtilties of falfe loThe fecond mifchief is, that rendergic. ing by
this

"

manner of

<c

good
"

fufpecled,

reafoning, the they have no other arms

to attack

to

enable

them

the worn: and

j

"

moft pernicious performances

by which

<

"

means the public lofe the very rules by If which they might diftinguifli them.
they treat as Spinofifts and as Deifts thofe that are not fo what will they fay to thofe
}

"

Cf

<

who
"

are?
that the
fubjects

"

Though we ought readily to think men who write againft us, upon
in

ct

which

all

mankind
this
;

are concerned,

are

"

determined to

"

Chriftian charity
ture of this

conduct by the force of neverthelefs as the nait

"

virtue will fcarcely permit

as
it

to

<c

be concealed,
fpite

(hews

itfelf in

us in

44

of ourfelves, and fhines and fparkles

fides
;

tc

on

all

if

it

happened
againft the

that

in

two

"

pieces both wrote

fame perfon,

"

<c

one upon the back of another, there could be found no trace of this charity, that it
did not appear in any phrafe,
j

"

"

in any turn, he who had word, any expreffion any wrote fuch works would have juft reafon

TO THE READER.
M
"

xxix

to fear his not being influenced by Chriftian

charity.
cc

And
it

as the virtues purely

is

human,

are in
;

cc

us the effect of what

if

called

good nature

was impofTible

to difcover

any veilige

1C

of this good nature, the public might from

thence conclude that thefe
writings

<c

were

"

not the
tc

effect

of

human

virtues.

c<

In the eyes of men, actions arc ah\\r more fmcere than motives ; and it is iv
eafy for

<c

them

to believe that the ;K

of ut

cc

tering the mofl cruel invectives

to

is evil,

than

tc

<c

perfuade them that the motive which made them utter them is good.
"

When

man

is

placed in a

fituation

tc

which which

creates a rcfpect for religion,

and in

cc

religion entitles

him

to refpect,

and
one

cc

attacks Before the

men
;

of the
is

world,

"

of their
fary,

own body
he

it

abfolutely necei-

cc

that

fhould

maintain,

by

his

cc

manner of
character.

acting,

the fupcriority of his

"

cc

tc

The world is very corrupt; but there are certain paffions which even in the world are under a great reftraint ;
there are favourites

"

which forbid the others

<(

appearing. Ccnfider the

men

of the

w orld
r
<(

in

THE TRANSLATOR
"

in refpeft to each
fo timid
;

other,

there

is

nothing

"

"

from a pride which and durft not difcover its fecret motion
this
arifcs
c

<

which from the refpcct

lets

it

has for
it

s,

"

go

its

hold in order to recover

again.

Chriftianity gives us the habit of fubduing

:

udc; the world

ives

us the habit of
fe\v
;

<(

cone

With
\\hat

the

virtue
if
if

"

have

w.Aikl

become of
liberty,

the
v

"

whole foul was

v.

ict at

and

ui- not attentive to the Icaft

iigns,

words, the
?

lead

and the lead gcdures

refpe<5lable

Now

<l

when
ciurft

perfons of a

character dif-

"

cover paftions which the

men

of the world

<c

not. fufFtr to appear,

thefe begin to

<l

believe
are.

themfelves
is

better than they really

evil

cc

This

an

of very great

con-

"

fequence.
ct

We

men

of the world are

fo

frail that

"

we
let

deferve to be treated with the extremed

:

"

"

circumfpe6lion and addrefs for when they us fee all the exterior marks of violent

paffions,
<l

what would they have us think

?

of their minds

"

Can they hope with our ordinary rafii way of

lliall

that we,

judging,

"

not be tempted to judge

?
"

They

TO THE READER.
cc
<f

"

They might have remarked in difputcs and converfations what happens amongfh that part of mankind whofe fpirits are
rough and untraclable as they do not combat to affift, but to throw each other
:

"

<c

"

to the earth,

they

fly

from

truth,

not in

"

<c

or littlenefs proportion to the greatnefs their fouls ; but to the greater or the

of

"

degree of that caprice or inflexibility which

conftitutes their chara6lers. to thofe to

<(

The

contrary

"

"

11

happens on have given a fwectnefs of temper as their difputes are mutual helps as they center in
:

whom nature or educati

"

the fame object, as they think differently only

that they

"

may
a

arrive at the fame fentiments,

"

they find truth according to their abilities.

"

When

man

writes

on

religious fubject

<

cc

he ought not to depend fo far on the piety of his readers, as to fay what is contrary to

"

good
C(
"

thofe

; becaufe, to gain credit with have more piety than knowledge, he will gain difcredit from thofe who have

fenfe

who

(C

more knowledge than

cc

piety.
let alone, is

And

as religion,

when

capa

cc

ble of. defending

herfelf,

fhe

lofes
flie
is

more
not
"

"

when

ill

defended, than
all.

when

"

defended at

If

THE TRANSLATOR
"

If

it

fhould happen that a man, after

loft his readers,

<c

"

"

fhould attack any having one who had gained fome reputation, and by that method fhould find the means of

<

ct

being read j it might perhaps be fufpccled that under the pretence of facrificing this
victim to religion, he iacrificcd
felf-lovc.
"

<c

him

to his

"

That manner of
is

criticifm of
all

which we

<c

arc fpcaking,

of

tilings in the world,

<c

the moft capable of limiting the extent, and

of diminifhing, if I may prefume to make ufe of this term, the total of rational

mm

cc

genius.
<c

Theology has
it is

its

bounds and
it

fet

forms

becaufe the truths

neceffary that
;

teaches being

known,
here to

men fhould
is

ad-

them

and they ought

:

to be hin-

dered from wandering

(C

it

here that ge;

nius ought not to take

its

flights

it is

cir-

<c

cumfcribed,

if I

may

be allowed the exit

tc

prefiion, within

an enclofure. But

would

cc

of mankind to put the fame enclofure about thofe who treat of

be making a
jell

CC

human

fciences.
;

The
but

principles of

geometry

are mofl true

things

of

tafte,

they v/ere applied to they would make reafon

if
itielf

TO THE READER.
<c

xxx iii

itfelftalknonfenfe.
fo

Nothing ftifles a doclrine

<c

effectually, as
s

<

in a doctor

gown

wrapping up every thing the men who would

:

<{

always teach, arc great obftacles to learning

j

c
<

there

is

c
<

contract,

when

no genius which they do not they overwhelm it with a

If

million of frivolous fcrup!

<c

you have
they will

the bell intentions in the world,

r
<

>rce

you to fufpect them you can no longer

;

(f

be employed in (peaking well,

are perpetually

when you
,ir

tc

of

c
<

fpeakingill; and

wh

ofpurfuing

<c

tc

your thoughts, you are only employed in finding out fuch terms as may elcape the
fubtilty of the critics.
/.
.

cc

They come
falling.

to put a

"

on our heads, and

to repeat at every

"

word, Take care of

fpeak like yourfelf,
like

You would
aloft,

tf

will

have you fpcak

they

<c

me.

Do you

attempt to foar
flecvc
:

<c

flop you by pulling your

<c

life

have you and vigour, they fcratch you cut of it

rife

"

do you

little,

there are

men, who

<c

"

taking a foot rule, and holding up tlv heads cry, Come down that we may mea-

"

<c

do you run your race, they you would have you obferve all the ftones which
fure
:

"

their

trifling

forms have placed in your b way.

"

xxxiv
"

THE TRANSLATOR
way.
"
"

No

fcience,
:

no

literature

this pedantry demicians who would

for our age has

can efcape formed acaenter the

make us

"

fchools of the darkeft and moft ignorant

times.

Dcfcartcs

<c

rage to thofe,

may properly give couwho with a genius infinitely

good intentions
:

"

Ids than his, have as

this

"

great
11

man was
3

perpetually

accufed
at this

of

Atheiim

and yet there are not

day

"

ftrongcr arguments employed againft the

44

At hafts than he himfclf produced.

<c

As

to

the

reft,

we ought not
except

to regard

criticifms as

perfonal,

in the cafe

"

where thofe who make them would render

<{

them

"

"

fo. It is extremely proper that perihould be permitted to criticife the fons works that have been given to the public,

"

becaufe

it

would be

ridiculous,

for thofe

"

who have
felves.

been willing to enlighten others,

are the

<c

not to be willing to be enlightened them-

"

Thofe who inform us

:

com-

<l

<c

if both the critic panions of our labours and the author feek the truth, they are in

"

the fame intereft

perty of
all

for as truth

is

the pro-

"

men

they will be confederates

"

and not enemies.

PREFACE.

PREFACE.
amidft the
s

infinit

v/v;-

of fubis

contained in this beck, there

;;;,

may p
,

,/,

my /

can at

leajl ajjur.

it

was not
,

inferted with an ill Innaturally of a captious te

the

For I

Plato thanked
in
,

Gods,

that
:

?s

born
;

/.

age
g: -ir thanks

with Socrates
to the

and for
that

Supreme,

I was born a
I
7/-;v

fubjeft of

that government under which

it
is his

and that

pleafure

I jhonld

obey thofe,

whom

be.

has made

me
one

r lo ee.

beg

fear will not lc granted

will
the not judge by

favour of my me
a

readers,
;

which I
that they
F
.

this is,

ftw

bears
;

:J,

labour

of

twenty

years

will

approve or condemn the book entire,

and

not

few particular

pbrafcs.

If

they
into

b 2

xxxvi

PREFACE.
into the de/tgn of ibe author, they can do it no

ether
de/ign

way jo

corn/ letch,

as

into the by fe arching

of the work.
Jirjl

I have

of

all confidered

mankind

-,

and

the rcfult of

my

thoughts has been, that amidjl

fuch an infinite diiierfity of laws and manners, the caprice oj they were not foldy con dueled by
fancy.

I have

laid

down
the
;

the frft principles,

and

lave found
naturally
nations

that

particular

cafes

follow

from them
only

that the hijlories of all

are

confequcnces
is

of

them

and
with

that

every particular law

connected

another law, or defends on fome other of a more

general extent.

When I have
antiquity,

been obliged to look back into

to

I have endeavoured
left

ajjiime

the
thofe

fpirit of the ancients,

IJhould confider
;

things as alike, which are really different

left

and

I Jhould

m(fs the difference of thofe which

appear to be alike. I have not drawn my principles from my pre judices, but from the nature of things.

Here a great many

till

truths will not appear,

we have feen the chain which connects them The more we enter into particu ith others,
lars.

PREFACE.
j

xxx vii
of I have

the more

we flail

perceive the certainty

the principles on

which they are founded.

not even given all thefe particulars,

for who
infup-

could mention them

all

without a

nicjl

portable fatigue ?
*The reader

will not here meet with any of

tbofe bold fight s y

which fee m

to

characterize the

When things are ex works of the prefent age. amined with ever fo fniall a degree c.f extent *
the failles

of imagination muft vauifb

theft

generally arife
its

from
view

the
only

mind
one

collecting all

powers
while

to

fide

cf the fub-

jett->

it leaves tbe other

uncbferved.

I write

not to cenfure any thing e/tablifi\\i in

any country whatsoever.

fnd
ed
-,

the

reafons on which
this

its

Every nation will here maxims are found

natural
;.v/

and
to

will

be

tbe

/,

that

propofe alterations,
as to

belongs only

to

tbofe

who are fo happy

tion

be born

with a genius
conjlitu-

capable of penetrating into the entire

of a

ft ate.

that is not a matter of indifferent^ T. minds of the people be enlightened. dices of tbe magift rate have arife n from preju In a time of ignorance national prejudice.
It

the

they

have

committed

even

the

greateft

evih

b 3

without

lii

PREFACE.
without the leap fcrupk
;

but in an enlightened
i.

age

le>

conferring

the

great eft
es;

blejjir.gs.

T/!rv

/
;;:://:

nt be
.:
re",

ll\ \

fee

hew

thev

of the abufes cf li
<7

/;. //(

//

T.

cut

wilb a

T/
cf

them

in

canfes to

h.

C
fens
to evi

to cfford n,
.

his ccun!r\\

cf

fl
iIs.

I but
,

~cd fo
to
:

as to

pc
-n

bo
(bey,
ih-eh- c

fo

f.nd a
;

mw
/

from

~.

S.

*fbe
j)

mojl k

cf mcrtch
ten;
t to
i

I tL:nk

could

Jra

/ices.

By

reJL-Llicts>

PREFACE.
be:

x>

cm

an,

;.

which renders

meii ig:trcr.t
,

of feme particular tbings, but whatever them ignorant rf fhemfefaes.

If
is

in

endeavouring
bejl

to

inflrucl

m,

./,

that ive

arc

able to

pra&ife tbat gc
the

v:rtm\

-uLich

comprehends

love

of alL

Man,
to
-

tbat flexible being,

conforming in focieiv

tie
.ally

thoughts

capable
it
is

and imprcjjiom of others^ is of knowing Us ci.cn nature,

laid

open to bis
/V,

v.

very fenfe of banified from his mind.

lojing

the

ivbcn

this

is

Often have I begun, and as often have I laid

afide this undertaking.

a tboufand times
to the
^

green the leaves I have written^

is:
-j-.
:

every day felt

!

my paternal hands fall

d>jccl

have j:

w:

without an\ fixed plan

;

have kuoii }2 neither

the

rules nor exceptions

to
it

/ ha~.

But truth, only found lofe again. when I had once difcwered my fr/l principles^ and in t every thing Ifought for appeared
-

courfe
^

of tn cnty years^ Ibavefeen my \iork be

up,

gun growing
fu lifted.

advancing

to

maturity,

anc(

* Ludibria with.
f Ter p.itria cecldsre manvs

b 4

if

R R E F A C
If
It
t

E.

th fuccefs,
;;

I fiall OK?
fub-

jc5l.

y chief to the grandeur and r I do not think tlat

I ha r:e Iccn
hen I hiree

totally deficient

in point cf genius.

f:cn K/J tit Jo

many great men both In Fran,

1

England and German}

ha-ce been
?uy
loft
:

bii^e fetid bcfcre

wc>

in admiration ;

but I

loft

courage

faid i-ith Correggtoa

And

alfo

am

a * painter.
*

Ed 10

ancbe fan pit tore.

CON-

CONTENTS.
Book
I.
I.

Of Laws

in general.

CHAP.
Chap. Chap.
II.

Of the Relation

of

Laws

to different
i

Beings,
III.

Of tbe Laws of Nature^ Of -pofitive Law s y

5
7

Book

II.

Of Laws

dirtfr.lv

derived from the

Nature of Government.
Chap.
I.

Of

tbe

Nature of tbe three

different

Govern
1

ments,

Chap. Chap.

II.

Laws

the republican relative to Democni

Of

Government,
to the

find

tie

ibid.

III.

Of

the

Laws

relative

Nature of
\

Ariftocracy,

Chap. IV. Of
Chap. V.
defpotic

the Relation of

Laws

to the

Nature of
2 j

monarchical Government ,

Of

the

Laws

relative to the

Nature of a

Government^

25

Book

III.

Of

the principles of the three Kinds

of Government.

Chap.
Chap.

I.

Difference between the

Nature and Principle

27

of Government^
II.

Of

the

Principle

of different Governibid.

rnnts,

Chap.

CONTENTS.
Chap.
III.

Of

the Principle cf Democracy,

28
31

Chap. IV. Of the Chap. V. That /

Chap. VI.
/;;

Principle of Ariftocracy, "irtue is net the Principle of

monar

chical Government^

what manner

Virtue

is

33 fupplied in a

monarchical Government, 35 ibid. Chap. VII. Of the Principle cf Monarcl Chan. VIII. That Honor is not the Principle of defpotic Government i 36 Chap. IX. Of the Principle cf defpotic Government ,

Chap. X.
defpotic

Difference of

obedience

in moderate

37 and
39 41

Governments,
Reflections on the foregoing,

Chap.

XL

Book IV. That

the Laws of Education ought to be relative to the Principles of Government.

I.

Chap. Chap.

Of the Laws of Education, Of Education in Monarchies, Chap. III. Of Education in a defpotic

II.

ibid.

Government,

47
Chap. IV. Difference between i me dim Education,
Chap. V. Of Education
in

the Effects

cf ancient

48
ibid.

a republican Government,

Chap. VI. Of fane Lijlituticns among the Greeks, 49 Chap. VII. In -n- bat Cafe thefe Jingular Injlit utions le cf Service, 52 r.iay Chap. VIII. Explication of a Paradox of tbe Anch
,>:crs,

53

Bock

CONTENTS.
Book V. That
ought Government.
Chap.
Chap.
I.

the

Laws

given by the Lcgifla-

tor

to

be

relative to the Principle

of

Idea of this Rock,

58
ly

II.

What
What
///

is

meant

Virtue

in

polii.

Stale,

ibid.
is

Chap.
in a

III.

meant ly a Love of the R,

the

Democracy,

Chap. IV.
Frugality

what manner
infpired,

Love of

..y

50 and
61

is

Chap. V.
in

In

what manner

tic Laves eftabUJb Equality

a Democracy,
In v:lat mc.nner the Laves ought to

61
main

Chap. VI.

tain Frugality in a

Dcmocrc
cds cf

66
68
thel..
>^ht

Chap. VII. Othei

of

favouring the Principle

Demo era
Government
in

Chap. VIII. /
relative to the Principle of
cracy,

fobs

an Arijlo72

Chap. IX.

/;;

v:hat manner the

Laws

are relative to

their Principle in

Monarchies ,

78

Chap. X. Of

the expedition peculiar to the execu:

cbies,

P
Chap. XI. Of
vern/nent^
the

Excellence

of

c.

79 Go-

So
S
^

Chap. XII. The fame Subjeft continued^ Chap. XIII. An idea of dsfpotic Power^ Chap. XIV. In ivhat manner tbe La-ivs are
to the Principles of dejpotic

ibid.
r\

Government*

ibid.

Chap. XV. The fame Subjett continued, Chap. XVI. Of tbe Communication of Power,

90
93

Chap. XVII. Of Prefers,

94
Chap,

^ U
reign,

1\

JL

li

IM

5.

Chap. XVIII. O/ Rewards

Chap. XIX.

conferred by the Sove

96

Conferences of the Principles of the three Governments, 97

Principles of dif

New

Book VI. Confequences of the

ferent
plicity
>

Governments with refpecl to the Sim of civil and criminal Laws, the Form
infliftujg o

of Judgments, and the o ments.

Chap.
Chap.
I.

of Puniili-

Of

the 5.v

of civil

Lavs

in different

Governments,
II.

103
the Simplicity

Of
//.

of criminal
in

Laws
what

in

different

Governments^
/

107
Cafes the ex-

Chap.

III.

Governments and

the Judges ought to determine according to prcfs Letter of the Law,

109

Chap. IV.

Of

the

Manner of forming

Judg^r.

no
Chap. V. In \ilat Governments
Judge,
the Sovereign

may be
1 1 1

Chap. VI. That

to be
V,

in

Monarchies

Alinijlers

ought not
] I

Chap. VII. Of a fingle Magiftrate, Chap. VIII. Of Accufations m Chap. IX. Of the
Governments^

1 1

~ent

Governments^
ibid.

Severity of Punijhments in different

iiS

Chap. X. Of Chap. XI.

/\Y/://

the ancient Frer.ch

i-jhcn

Laws,
\ir!iiciis

120
f.

//<;/

a People are

neccJJ&ryi

ibid.

Chap. Xlf. Of tie Power of Puni foments, Chap. XIII. Imfotency cf the Lc xs cf Japan,

121
12.$.

Chap.

CONTENTS.
Chap. XIV. Of the Spirit of tbc Roman Senate, 126 Chap. XV. Of the Roman Laws in refpeft to Punijhments,

127
jufl Proportion betwixt Punijh-

130 132 Chap. XVII. Of the Rack, Chap. XVIII. Of pecuniary and corporal Punifoments, 133 ibid. Chap. XIX. Of the Law of Retaliation,

Chap. XVI. Of the ments and Crimes,

XX. Of the Puni/bmtnt of Fathers for the Crimes of their Children, 134 ibid. Chap. XXI. Of the clemency of I he Prince,
Chap.

Book VII. Confequenccs of the different Prin the three Governments with refpeft ciples of
to

dition

fumptuary Laws, Luxury, and the Con of Women.

I.

Chap. Chap.
Chap.

II.

Of Luxury, Of fumpluary Laivs

137
in

Democracy^

39
III.

Of

fumpiuary Laivs

in

an Ariflocracy^

140 Chap. IV. Of fumptuary Laws in a Monarchy, 141 Chap. V. / what Cafes fumptuary Laivs are ufefid
in

Monarchies,

Chap. VI. Of the Luxury of China, Chap. VII. Fatal Conference of Luxury

143 145
in

China,

146 Chap. VIII. Of public Coatinency, 147 Chap. IX. Of the Condition or State of Women in 148 different Governments^

Chap.

CONTENTS.
Chap. X. Of
the dcmcfiic tribunal among tie
the

Romans,
149
changed

Chap. XI. In what manner

at

In/lit aliens

Rome

Chap. XII. Of the Romans,

Chap. XIII.

together with the Goverwnei::, the Guardian/hip of V/omen

the Punijbmcnts decreed by
:cy

151

among 152

Of

Empe

rors c.^ainjl the hie;

of

II I

;/.v;/,

Chap. XIV. Sumptuary

Ld-ivs

among

the

1^3 Romans,

Chap. XV. Of Dowries and nuptial Advantages in 156 different Ccnjlitutions, Chap. XVI.

An

excellent

Ciijlcm

of the

Sammies*
J

57

Chap. XVII. Of Female Jdminiftratien,

158

Book VIII. Of the Corruption of the

of the three Governments.

Principles

J 59 Chap. I. General Idea of this Bock^ Chap. II. Of the Corruption of the Principle of Deibid. mocn

162 Chap. III. Of the Spirit of extreme Equality, Chap. IV. Particular Caufe of the Corruption of the
People,

163
the Corruption of the Principle of Ariibid.

Chap. V. Of
Jtocracy*

Chap. VI. Of the Corruption of the Principle of Mo 1 65 narchy, 1 66 Chap. VII. ^bc feme Subjeel continued,
Chap. VIII. Danger of
ciple of

the Corruption of the Prin

Monarchical Government,

167
168

Chap. IX.
Throne,

Hew

reedy the Noliiity arc to defend the

Chap.

CONTENTS.
Chap. X. Of the Corruption cf the Principle of defpotic Government i 169 Chap. XI. Natural Effects of the Goodnefs and Cor
ruption of the Principles of Government,
ibid.

171 Chap. XII. The fame Subjefl continued, Chap. XIII. The Effect of an Oath among a virtuous
People,

173
the fmallefl Change in the Conattended with the Ruin of its Principles^

Chap. XIV.
jlitution is

How

74
Chap.

XV.

Sure Methods

cf preferring the three

Principles,

175
Dijlinftive

Chap. XVI.

Properties cf

a Republic
ibid.

Chap. XVII.

Dijlinftive Properties of a

Monarch\,

176

Chap. XVIII. Particular Cafe of

chy,

the Sfxnifh

Monar
177 Go
178

Chap. XIX.
vernment,

Diftinflive Properties of a dcfpciic

Chap.

XX.

Conference of the preceding Chapters^

ibid.
1

Chap. XXI. Of the Empire, cf China,

79

Book IX. Of Laws

in the Relation

they bear

to a defenfive Force.

Chap.

I.

In

what manner

Republics provide fir their

1

Safety,

83

Chap.

That a confederate Government ought to be compofed of States of the fame Nature, efpecially cf
II.

the republican Kind,

85

Chap.

III.

Other Requifites

in

a confederate Republic, 1 86

Chap.

CONTENTS.
Chap. IV. In what manner
vide for their Security ,
l

defpotic

Governments pro

187 Chap. V. In what manner a monarchical Government

provides for
it

sSecurity ,

88

Chap. VI. Chap. VII.

Of

the defenfive Force of States in general,

ibid.

A Reflection,

Chap. VIII.

A particular

190
Cafe in which the defenfive

Force of a State

Chap. IX. Of Chap. X. Of

1 is inferior to the offevfive, 91 the relative Force of States, 192 the Weaknefi of neighbouring States,

ibid.

Book X. Of Laws

in

the relation they bear to

Offenfive Force.

Chap. I. Of cffenfive Force , 193 ibid. Chap. II. Of War, Chap. III. Of the Right of Conqueft, 194 Chap. IV. Some Advantages of a conquered People , 97 Chap. V. Gelon King of Syracufe, 199 ibid. Chap. VI. Of Conquejls made by a Republic, 201 Chap. VII. The fame Subjett continued, ibid. Chap. VIII. The fame Subjefl continued, 202 Chap. IX. Of Conquefts made by a Monarchy,
Chap. X.
Chap. XI.

Of
Of

one

the

Monarchy that fubdues another^ 203 Manners of a conquered People,

04
Chap. XII.

Of a Law of Cyrus, Chap. XIII. ALEXANDER,

ibid.

Chap. XIV. CHARLES XII.

205 207
Chap.

SPIRIT
LAWS.
;, :
..
:

THE
O
F

..:.^. : ..:.. :

.. .. ..
: : :

..:..:;,;^^,::.:.

.
:

;;-:-:-:

:*:<

B O O K I. Of Laws in General.
C
Of

H A
in

P.

I.

the relation of

Laws
their
tiic

to different Beings.

mod

general fignifica^"^
^""^

BOOK
*?

lion,
^

are

neceflary

relations refult-

n S fr

tne nature of things.

In this

^ e n g s nave tnc ir laws, the Deity has * his laws, the material world its
the beads their laws,
laws, the intelligences fuperior to man have their laws, man his laws.

Thofe who
various effetts

aflert that

a Mind fatality produced the

behold in this world, are guilty of a very great abfurdity , for can any thing be more abfurd than to pretend that a blind fatality could be

we

productive of intelligent Beings

*
La<w,

fays Plutarch,

is

treatife entitled,

The

neteflity

See his Gcdt ar.dmtn. of a Prince being a man of learning.

tbe queen

of the

VOL.

I.

There

2
i!

THESPIRIT
o o K
i.

There

is

then a primitive reafon

and laws are

Chap

^ie

relations

which

fubfift

between
thefe

it

and

different

beings, and themfelves.

the relations of

beings
as

among
and

God

is

related

to

the univerfe

creator

prefervcT , the laws by which he created all things, He acts ac are thofe by which he preterves them. cording to thefe rules becaufc he knows them ; he

knows them beraufe he made them them beraufe they are relative to
power.

and

his

lie made wifdom and

As we
motion
fubfifts

lee that the

of

matter,

motions
l.rA
1

through fo mull certainly

and could we

world, though formed by the and void of understanding, long a lucceffion of ages, its be
directed

by invariable

mui!: alio
peri fli.

imagine another world, it have conllant rules, or mail inevitably

Thus

the creation,

which feems an arbitrary

act,

fuppoieth laws as invariable as thole of the fatality of the Atheifts. It would be abfurd to fay, that the

Creator might govern the world without thofe rules, fince without them it could not fubfift.

Thefe
In bodies

rules

arc

a fixt

and
is

invariable

relation.

moved

the motion

received, increafed,

diminifhed, loft, according to the relations of the quantity of matter and velocity , each diverfity is
uniformity , each change
is

conftancy.

Particular intelligent
their

beings

may have

laws of

own making, but

which they never made.

they have fome likewife Before there were intelli

gent beings, they were pofiible ; they had therefore poffible relations, and consequently poffible laws. Before laws were made, there were relations of pof
fible

O F L A
fible juftice.

S.
is

3
B
*

To
is

fay that there

u nj u ft but what
live

commanded

nothing juft or or forbidden by pofi-

the fame as faying that before the defcribing of a circle all the radii were not equal. muft therefore acknowledge relations of juf
laws,
is

We

tice

antecedent to the pofitive law by which they arc

:

cftablifhed
exifted,
it it

as for inftance, that if

human

focietics
;

would be right to conform

to their laws

there were intelligent beings that had received a benefit of another being, they ought to be grateful ;

if one intelligent being had created another intelli gent being, the latter ought to continue in its ,ri if one intelligent U-i ginal flate of dependance
;

injures another,

it

delerves a retaliation of the injury,

and

fo on.

But the
governed
has alfo

intelligent as the phyfical.

world

is

far from being fo well For though the farmer

its

laws which of their

own

nature are

in

variable, yet it does not as the phyfical world.

conform to them fo ex This is becaufc on the o

<

hand particular intelligent beings are ture, and coniequently liable to error
other, their nature requires

mite
,

and on the
free

Hence they do not

tive laws
;

fteadily

them to be conform to
their

agen

their primi

and even thofe of

owg

inftituting

they frequently infringe. Whether brutes be governed by the general laws of motion, or by a particular movement, is what

we cannot determine. Be that as it may, they have not a more intimate relation to God than the reft of
the material world
to
;

and fenfation

is

of no other uis

the relation they have either to other particular beings, or to thfmfelves.

them, than

in

THESPIRIT
i.

BOOK
Chap

the allurement of pleafure they preferve the of the individual, and by the fame allurement being they preferve their fpecies. They have natural

By

laws, becaufe they are united by fenfations , pofitive laws they have none, becaufe they are not con

nected

by knowledge.

And

form invariably
tellectual

to their

yet they natural laws

do not con
;

thefe

arc

better obferved by vegetables,

that have neither in

nor fenfitive

faculties.

Brutes are deprived of the high advantages which

we have
irs

They have
,

but they have ibmc which we have not. not our hopes, but they are without our

knowing it than we to

they are fubject like us to death, but without even moft of them are more attentive ,

felf-prdervation, and a ufe of their paffions.

do not make

fo

bad

Man,

as

a phyfical

governed by invariable

being, laws.

is,

like other bodies,

As

an

intelligent

being, he incefTantly tranfgrefies the laws eftablifhed by God, and changes thofe which he himfelf has
eftablifhtd.

He

is

left -10 his

own

direction,

though

he

a limited being, fubject like all finite intelli gences, to ignorance and error ; even the imperfect knowledge he has, he lofes as a fenfible creature,
is

and

is

hurried

away by

a thoufand

impetuous pafhis

fions.

Such
;

Creator

God

being might every inftant forget has therefore reminded him of

religion.

his

duty by the laws of

every

Such a being

is

liable

moment

to

provided

againft

this

forget himfelf ; philofophy has by the laws of morality.

Formed to live in fociety, he might forget his fel low creatures legiflators have therefore by political and civil Jaws confined him to his duty.
;

CHAP.

L,

A W

5.

BOOK

CHAP.
Of
the

II.

oi
of na
their

a.

Laws

of Nature.

to
ture, fo ANtecedent

all

thefe laws are thofe

called

becaufe they

derive

force entirely from our frame and being. In order to have a perfect knowledge of thefe laws, we muft

confider

man

before the eftablifhment of fociety

the laws received in fuch a ftate would be thofe of

nature.

The law which by

imprinting on our minds the

is

idea of a Creator inclines us to him,

the

firft

in

importance, though not in order, of natural laws. Man in a ftate of nature would have the faculty of

knowing, before he had any acquired knowledge. Plain it is that his firft ideas would not be of a he would think of the prefervafpeculative nature tion of his being, before he would inveftigate its Such a man would feel nothing in himlelf original. at firft but impotency and weaknefs ; his fears and as appears from apprehenfions would be excefllve
-,

inftances (were there any necefiky of proving it) of favages found in forefts *, trembling at the motion

and flying from every fhadow. man, inftead of being fenfible of his equality, would fancy himfelf inferior. There would therefore be no danger of their attacking one
leaf,

of a

In this ftate every

another

peace would be the

firft

law of nature.

natural impulfe or defire which Hobbes at tributes to mankind of fubduing one another, is far
1

The

Witntfs the favage found in tie forefts cf Hanover,

carried over fo England under the reign ofQeorge
I.

who

ivqj

63

from

n
BOOK
Chap. 2
from

J-j

iv.

being well founded.

is

The

idea of empire and

dominion

fo

other notions, that

complex, and depends on fo many it could never be the firft thai

would occur to human underftandings.

Hobbes
ed,
find

enquires, For ivbat reafon do men go

keys
in

arm
if
is

have loch and

not

to faften their doors,

they
it

be

naturally

a Jlate of

war

But

not obvious that he attributes to

man

before the

eflablifhment
in

of

fociety,

what can

happen

but

confequence of this eftablifhment, which furniflics them with motives for hoitile attacks and
felt

defence

fenfe.of his weaknefs man wo foon find that of his wants. Hence another la\v

Next

to a

of nature would prompt him to feek for noun

nicnt.

IVar,

hax e

(hun one another

i

obferved, would incline men to but the marks of this fear be:

iprocal,

fidcs, this allocution

would foon induce them to affbciate. Bewould quickly follow from the

very pleafure one animal feels at the approach of ar.c-thcr of the fame fpecies. Again, the attraction

irom the difference of fexes would enhance and the natural inclination they have for each other, would form a third law. Bcfide the fenfe or inftinct which man has in
aiiiin.^

this pleafure,

mmon with brutes, he has the advantage of at taining to acquired knowledge ; and thereby has a fecond tye wich brutes have not. Mankind have
therefore a

new motive of uniting

arifcs

ana a fourth
of
living in

law of nature
fociety.

from the

delire

HA

P.

<J

L,

/i

d.

CHAP.
O/
pofitive

III.

Laws.
r

they lofe the fenfe of their weaknefs , the equ.i(Lire of war. Jity ceafes, and then commences the

AS
Each

foon as mankind enter into a

flare

of fock-ty,

\\

particular fociety begins to feel

arifes a ftate

its

ftrength,

whence

of war betwixt different nations.

The

fible of their

individuals likewife of each fociety become fenftrength , hence the principal advan
i<>

tages of this fociety they endeavour to convert their own emolument, which conftitutes bcr

them

a ftate of war.

Thefe two
rife to

different

kinds of military
C

11.

i:

ive

human

laws,

on/iderrd

as

inhabitants

fo great a planet

which

neceffarily implies a variety

of nations, they have laws relative to their mutual intercourfe, which is what we call the Ui-u of nations.
properly fupported,

Confidered as members of a fociety that mud be tlu-y have laws relative to the
;

and this we CZ\] politic governors and the governed law. They have alfo another fort of laws relating
to the mutual
is

communication of
civil

citizens

by which

underftood the

law.

The law of nations is naturally founded on this principle, that different nations ought in time of peace to do one another all the good they can, and
in

time of war as

little

harm

as pofTiblc,

without pre

judicing their real interefts. The object of war is victory

queft
;

conquefl at prefervation.
all

victory aims at conFrom this and the

preceding principle
conftitute the

thofe rules are derived which

law of

nations.

B 4

All

THESPIRIT
All countries have a law of nations, not exceptino- the
3.

BOOK
m,
Chap.

priloners

Iroquois themfelves, though they devour their for they fend and receive ambaliadors, :
rights of
is

and underiland the

mifchief
that

their

war and peace. The law of nations is not founded

on

true principles.

Befidcs the law of nations relating to all focieties, there is a politic law for each particularly confidered.

No
The
as

fociety can fubfift without a

form of government.

conjunction of the particular forces of individuals,

conjlitutes

Gravina well oblerves,

what we

call a

political jlatc.

The general force may be in the hands of a finglc Some think that nature hav perfon, or of many. ing eftablifhed paternal authority, the government
of
a fingle perfon was moft conformable to nature. But the example of paternal authority proves nothing. For if the power of a father is relative to a fingle government, that of brothers after the death of a father, or that of cou/in germans after the deceafe of brothers, are relative to a government of many. The political power neceflirily comprehends the

union of ftveral
Better
is it

families.

to fay that the

is

formable to nature,
jfition bell:

that

government moil; con whofe particular difpo-

agrees with the humour and difpofition of the people in whole favour it is eftablifhed. The particular force of individuals cannot be united

without a conjunction of
jitnfticn of thofe
iviUs,

all

their wills.

T be

con-

as

obferves,

is

what ws

call

Gravina again very the civit STATE.

juftly

Law
governs

in
all

is human reafon, inafmuch as it general the inhabitants of the earth , the political

and

civil

laws of each nation ought to be only the

particular

O F L A
particular
plied.
cafes in

S.

which

this

human

reafon

is

ap-

BOOK
Chap. 3 .

They

fliould be

adapted

in

fuch a manner to the

people for

whom they are made, as to render it very unlikely for thofe of one nation to be proper
They
ciple
fliould be relative to the nature

for another.

and prin

of the actual, or intended government , whe ther they form it, as in the cafe of political laws,
it,

or whether they fupport

inftitutions.

as

may

be faid of

civil

They fhould be

relative

ro

the climate of radi

country, to the quality of the foil, to its fituation and extent, to the manner of living of the natives,

whether hufbandmen, huntfmcn, or fhcphcrds: they fhould have a relation to the degree of liberty which
the conftitution will bear-,
habitants,
to
their

to the religion
riches,

of the

in

inclinations,

number,
fine,

commerce, manners, and cuftoms. have relations amongft themfelves,

In

they

as alfo to their

origin, to the intent of the legiflator, and to the or der of things on which they are eftablifhed , in all

which different This is what

ought to be confidered. have undertaken to perform in the Thefe relations I fhall examine, following work. fmce all thefe together form what I call the Spirit
lights they
I

of laws.
I

laws

have not feparated the political from the civil for as I do not pretend to treat of laws, but ,
fpirit,

of their
rious

and as

relations

this fpirit confifts in the va which the laws may have to dif

ferent things, it is not fo much my bufmefs to fol low the natural order of laws, as that of thefe re
lations

and things.
I

JO

la.j.a-v01AiXll
I fl^l] f ft]r

BOOK
;

examine the

relation

which laws have

nature and principle of each government ; and as this principle has a ftrong influence on laws,
to the
I

/hall

make
:

it

my

bufinefs to underftand

it
it,

tho
the

roughly

and

if I

can but once eftablifh

laws will foon appear to flow from thence as from their fource. J mall proceed afterwards to other

more

particular relations.

BOOK

h"

L,

S.

II

BOOK
Of Lmvs
direElly derived

II.

from

the

Na

ture of Government*

CHAP.
Of
f~

I.

the

Nature of the three

different

Governments.

"^

HERE

are three fpecies of

government

BOOK
^
* t

JL

republican, monarchical,

and

defpotit.

In or-

der to dilcover their nature, it is fufficient to recolleft the common notion, which fuppoles three defi

vernment

that a republican go that in which the body, or only a part of the people, is pojjejfed of the fuprcme power : Monar chy, that in which a fingle perfon governs by fist and
nitions,
:

or rather three fads

is

ejlabliflied

laws

a defpotic government,

that in which

a fingle perfon
caprice.

directs every thing by his

own

will

and

This

i$

what

ment

we

mud

I call the nature of each govern examine now which are thofe laws

that follow this

are the nrft

nature directly,

and confequently

fundamental laws.

CHAP.
Of
the republican Government,
to

II.

and the Laws

relative

Democracy.

WHEN
lic
is

body of the people in a repub fupreme power, this When the fupreme power called a democracy.
the
are poffeiTed of the
is

12

1
js

i^

o r

is.

1
it is

BOOK
Chap.
2.

lodged then an ariftocracy.

in the

hands of a part of the people,

In a democracy the people are in fome refpecls

the fovereign, and in others the iubjed:.

their fuftrages,

There can be no exercife of fovereignty but by which are their own \vill now the
^

The Jaws fovcreign s will is the fovereign himfelf. therefore which eftablifh the right of fufFrage, are
fundamental to
|

this

government.

In fact,

it is

as

im-

nrtant to regulate in a republic, in what manner, by

to

whom,

whom, and concerning

what, furTrages are

to be given, as it is in a monarchy to know who is the prince and after what manner he ought to govern.

DC-

Jc^

Lihanius ) fays, that at Athens a flrangcr intermeddled in tbc afemllics of tbc people, v:as
(

ed with

deiitb.

This

is

becaufe fuch a

man

ufurped
citi

the rights of fovi

It is

\ty.

an

cfTential point to fix

the

number of
-,

zens
wife

who
it

are to

form the

public:

aiTemblies

other-

might be uncertain whether they had the votes

At of the wl^ile, or of only a part of the people. But at the numbcr was fixt to ten thoufand. Sparta

Rome, a city dcfigned by providence to rife from the weakeft beginnings to the higheft pitch ot gran deur , at Rome, a city doomed to experience all the
vicilTitudcs
all
b
(

of fortune; at

Rome, who had fometimes

her inhabitants without her walls, and fometimes

See all Italy

the conii-

^m
j

at

and a considerable part of the world within Rome, I fay, this number was never fixed

onThTcaufes

ancl tnis
C)>

was one

^ t ^ie

pr inci P al caufes of her ruin.

of the

grandeur and dcdine of the Ro-

The Olia u

people in whom the fupreme power refides, to j o o f thcmfelves whatever conveniently

.

and what they themlelves cannot rightly perform, they nvuft do by their minifters,
they can
-,

The

O F L A
The
damental
ple

W
:

S.

13
B
o K
2.

minifters are not properly their s unlefs they have the nomination of them it is therefore a fun-

chap*

maxim

in this

government, that the peo

that
is,

mould chufe

their minifters,

their

ma

gi ftrates.

They have occafion as well as monarchs, and even more fo, to be directed by a council or fenate.
But to have
fliould

a proper confidence in thefe, they and thii have the chufing of the members whether the election be made by themfelves, as at Athens ; or by fome magi (Irate deputed for that
,

purpofe,

as

on certain occafions was cuilomary

at

Rome. The people

ing
thofe,

whom

are extremely well qualified for chuf they are to intrufb with part of

their authority.

They have only

to be

determined
to,

by things which they cannot be ftrangers

and by

fads that are obvious to fenfe. They can a perlbn has been in feveral engagements,

tell

when

and has

particular fuccefs ; they are therefore very ca pable of electing a general. They can tell when a judge is afllduous in his office, when he gives gene
ral fatisfaction,
:

had

and has never been charged with

bri

this is fufficient for bery They chufing a prretor. are ftruck with the magnificence or riches of a fel

low

citizen

this

is

as

much

as

is

requifitc for elect

Thefe are all facts of which they can ing an edile. have better information in a public forum, than a

monarch

in his palace.

But

are they

to n

nage an intricate affair, to find out and make a pro per ufe of places, occafions, moments ? No, this

beyond their capacity. Should we doubt of the people

natural ability

in refpect to the difcernment of merit,

we need onlv

THESPIRIT
:

oo

]y ca ft

an e y e on tne continual

feries

of furprizing

elections
2<

made by

the

Athenians

and Romans

which no one

We know

furely will attribute to hazard. that though the people of Rome aflumed

to themfelves the right of raifing plebeians to pub lic offices, yet they could not refulve to chufe them;

and though at Athens the magiftrates w ere allowed by the law of Ariftides, to be elected from all the dif(<)

Page

(.91, and
(.02. t .dit.

ierent clafTes of inhabitants, yet there never was a c ca c favs Xenophon that the common people ),
|
(

petitioned

for

employments

that

could endanger

Wechd.
,

..

their fecurity or glory. As moil citizens have a capacity of chufing, though they are not fufficiently qualilkd to be chofen , lo

the people, though

n|

count for

their adminiftration,

calling others to an ac are incapable of the

adminiftration themil-hv

The
certain

public bufincfs muft be carried on, with a motion neither too quick nor too flow.
the people
is

But

the motion ot

always either too

a

remifs or too violent.

Sometimes with

hundred
,

thoufand arms they overturn all before them and fometimes with a hundred thoufand feet they creep
like infects.

to certain clafies.
this

In a popular ftate the inhabitants are divided in It is in the manner of making

divjfion
,

that great

Initiators
this the

have fignalized

themfelves
fperity

and

it is

on

duration and pro-

of democracy have always depended. Servius Tullius followed the fpirit of ariftocracy
of
his clafies.

in the diftribution
(*

^
Art
vV

We
He

find in
e

Livy

i-

Dionyfius HalicarnafleuS ( ), in what rnanner he lodged the right of fuffrage in the

(

and

in

ieq.

hands of the principal

i

citizens.

had divided
the

OF LAWS.
the people of
centuries,

15

hundred and ninety-three which formed fix clafTes ; and ranking

into a
in fmaller

Rome

BOOK

the rich,
centuries-,

who were

^ an

2>

numbers,

in the firft

and thofe in middling circumftances, who were more numerous, in the following centuries ; he flung the indigent multitude into the laft , and
it was had but one vote, property numbers that decided the elections. Solon divided the people of Athens into four In this he was directed by the fpirit clafles.

as each century

rather than

<

being democracy, who were to chufe, but thofe who were capable of
being chofen , wherefore leaving to each citizen the right of election, he made (* ) the judges eligible from each of thofe four clafTes ; but the magiftrates
f (

his

intention

not

to

fix

tholl-

).^

he ordered
firft,

to be

chofen

only out

of

mt
Ifo

three
tunes.

which confifted of

citizens

of eafy forJ

wi.
2.

i-.diu
;

a right of fuf- v As the divifion of thofe is a fundamental law in a republic-, io the frage, manner alib of giving this fjffrage is another fun- Art.

who have

s>t

damental law.

The
that

fuffrage
is

by

lot

is

natural to

democracy

-,

as

by do::e

to ariflocrav

The fuffrage by lot is a method of electing that offends no one ; it lets each citizen entertain reafonable hopes of ferving his country.

But

as

this

method

is

in itfelf defective,

it

has

been the glorious endeavour of the moft eminent it. legislators to regulate and amend
*

See

in the Confiderations

on the caufes of the grandeur and

9.

decline of the

Romans, chap.
republic.

how

ihi:

fpirir

of Servius Tali

was preferveu

Solon

16
B oo
Chap.
n

T
2.

II

T
.

Solon made a Jaw at Athens that military cmploymcnts mould be conferred by choice, but that
fenators and judges fhould be elected by lot. The fame legiflator ordained, that civil magiftra-

attended with great expence, mould be given by choice j and the others by lot. But in order to amend the fuffrage by lot, he made a rule that none but thofe who prefented
cies,
(f)

See the
C

T)emof-

that the perfon elected , be examined by judges ( E ), and that every one mou ld h ave a right to accufe him if he were un-

themfelves mould be elected

mould

&
le,

and

the orati-

on

againil

* this worthy of the office participated at the fame t mc Q f and of that by choice. t ^ e fu ffra g e by lot, r -/i ^ nen time * tneir magiftracy was expired, they were obliged to lubmit to another judgment Perfons ut upon the manner they had behaved.
:
j
.
. i

ward
lot.

terly unqualified, in giving in

mud

their

have been extremely back names to be drawn by

The
cy.

the fuffrages,
It is a

law which determines the manner of giving is likewife fundamental in a democra

queftion of fome importance, whether the

D
*

lib.
3-

i,

Cicero obfuffrages ought to be public or fecret. h ferves ( ), that the laws -}- which rendered them fecre t towards the clofe

Ac

of the republic, were the caufe

is

of

its

decline.

But

as this
I

differently practifed in

different republics,

mail offer here

my

thoughts

concerning

this fubjec~t.

* They ufed even to draw two tickets for each place, one hich gave the place, arid the other which named the perfon uho wru to fucceed, in cafe the firft was rejected. f They v,ere called Lrga Talukres ; two tablets were prefent
v,

ed to each I ft.tlni if,

or Be
It

citi7en.

the

firft

marked with an A,

and the other with an

U and

for Antique,

or

an/?, for Uti Rogat,

as von dr

The

OF LAWS.
The
public

17
be B
K

people

fuffrages

ought

douhtlefs to

and

this

mould be

confidered as a fun-

damental law of democrat

to

The

lower

fort

of

of higher people ought by rank, and reftrained within bounds by the gravity of
be directed
thofe
certain perfonages. frages fecret in the
it

Hence by rendering

the

fuf-

Roman

Republic

all

was

loft;

was no longer
its

fought

own

a populace that pofiible to direct But when the body of deftruction.

;

democracy, the fenate

fecret.

the nobles are to vote in an ariftocracy as the bu finds ;

||

or in a

is

then on-

Jy to prevent intrigues, the fuffrages cannot be too

Intriguing
it is

in

a fenate

is

alfo

in

body of nobles
it is

dangerous dangerous but not fo in the

;
,

people whofe nature

to act

through pafTion.

In

countries where they have no (hare in the govern* ment, we often fee them as much inflamed on the

account of an actor,
concern of the
lic is,

as

ever they could be for any

ftate.

The

misfortun^ of a
,

re,

ub-

when there are no r and this intrigues happens when the people are corrupted by dint of money in which cafe they grow indifferent to pub
:

lic

concerns, and paffionately defirous of lucre. Carelefs of the government, and of every thing be
It
is
: for their it, they quietl falary. likewife a fundamental law in democracies,

longing to

that the people mould have the fole power to enact laws. And yet there are a thoufand occafions or.

which

it is

necdTary the fenate mould have a power

f At Athens the people ufed to lift up their hands. As at Venice. The thirty tyrants at Athens ordered the fuffrages of the as they p. Areopagites to be public, in order to manage them
|j

L\fias or at. contra Agcrat, cap. 8.

VOL,

I.

of

18

THESPIRIT
o f decreeing
f
3.
,

BOOK
Chap
h
(
)

nay
l

it

me

tr i a l

of a

aw

is frequently proper to before it is eftablifhed.

make The

confutations of
See
C

Rome

TV

The

decrees of the fenate

f a y ear

and Athens were excellent. h the force of laws ) had

(

Team

f r tne *P ace

lib.4,&.;. till

become perpetual they were ratified hy the confent of the people.

an ^ did not

C
Of
the
LL>

H A

P.

III.

to tbc

nature of Arijlccracy.

IN
arc

an ariftocracy the fupreme power is lodged in the hands of a certain number of perfons. Thefe
iU-d
\

authority to them,

and the

both with the legiilative and executive reft of the people are in refpedt

the-

lame

as the iubjedts

of a monarchy

in

regard to the monarch. They do not vote here by lot, for this would be attended only with inconveniencies. In fact, in a

governnu-nt where the moil oppreftive diftinclions are already eftablifhed, though they were to vote by
jot,
ftill

they would not ceafe to be odious

nobility are

it is

the

.nobleman they envy and not the magiftrate,

\Yhen the

numerous, there muft be

a fenate to regulate the affairs which the body of nobles are incapable of deciding, and to prepare thofe they decide. In this cafe it may be faid that

democracy

the ariftocracy is in fome meafure in the fenate, the in the body of the nobles, and the peo
all.

ple are nothing at It woi::.l be a

very happy thing in an

indirect

arifto

cracy,

if

by fome

method the
their
ftate

could

be emancipated

from
the

people of anni

hilation.

Thus

at

Genoa
i

bank of

St,

George
being

O F L A
whole profpenty
ariies.

S.

19
.

being adminiftered by the people, gives them a cer tain influence in the government, from whence their

ui

The
the

fenators

ought by no means

to

of naming their
only

own members

for this

have a right would be

way

which

in its early years

fill

At Roi: to perpetuate abufes. was a kind of ariftocracy, the

up the vacant places
in their

fenate did not

own

body, the new fenators were nominated by the

cenfors.

An
on
the

exorbitant
in a

a citizen

authority fuddenly conferred up republic, produces a monarch

or fomething more than a monarchy. In the latter laws have provided for, or in fome meafure

adapted themfelves

to,

the

conftitution

and the
:

but in principle of government checks the monarch a republic where a private citizen has obtained an ex
orbitant

power

l|,

the abufe of this

it

greater, becaufe the laws forefaw

power is much not, and conie-

quently

made no
is
is

provision againft

it.

There
ftitution

an exception to this rule when the con fuch as to have immediate need of a ma-

giftrate inverted with

was
ftate

Rome

an exorbitant power. Such with her dictators, fuch is Venice with her inquifitors , thefe are formidable magistrates,
as it were by violence, the ftate to But how comes it that thefe magiftravery different in thefe two republics ?

who
its

reftore,

liberty. cies are fo

It is

becaufe

Rome

fupported the remains of

-,

1,

whereas Venice em ariftocracy againft the people ploys her ftate inquifitors to maintain her ariftocraat firil by the tonfuls. te Con/id eraThis is what ruined the republic of Rome tions on the caufe s the g/andeur and decline of the Rc::;:m?.
:

They were named

of"

||

cy

20
It

T H E
C y grrainft the nobles. at
-

T
was, that

o o K

The confequence

Chap

tne dictatorship could be only of a fhort duration, becaufe the people aft through pafilon and

R me

violence,

and not with defign. It was necefiary of this kind fhould be exercifed with luilre and pomp, becaufe the bufinefs was to It was intimidate and not to punifh the people.
that a magiftracy
allo

iKTeilury

that

the dictator

fhould be created

only lor Ionic particular affair, and for this only Ihould have an unlimited authority, becaufe he was always created ipon fome fudden emergency. On the
contrary, at Vc-nice they have occafion for a for here it is that defigns nent magifrracy
;

perma

may

be

commenced, continued,

that fufpended, rcfumcd ; the ambition of a /Ingle perfon becomes that of a family, and the ambition of one family that of ma They have occafion for a fecret magiftracy, be ny.

caufe the crimes they punifh,, are hatched in fecrecy

and

This magiftracy have a general filence. a inquifition, by rcafon their bufinefs is not to put to known evils, but to prevent the unknown. flop
In fine the latter magiftracy is appointed in order to punifh fufpccted crimes j and the former ufed rather

mud

menaces than punifhment even for crimes that were

openly avowed by their authors.
In all magistracies, the greatnefs of the power mull be compcnfated by the brevity of the duration, This moft legiflators have fixed to a year a longer fpace would be dangerous, and a fhorter would be For who is it contrary to the nature of the thing.
;

that in the

would be thus confined

gillrate

management even of his domeftic affairs ? At Ragufa * the chief mais

of the republic

changed every month, the

s

Tournefort

voyages.

other

O F L A
other officers every week,
caftle

S.

21
B

and the governor of the

every day.

But

this

fmall

republic environed
eafily

f by

can take place only in a formidable powers,

who might
magidrates.

corrupt fuch petty and insignificant

The bed
confiderable,
tereft in

have no mare

ariftocracy is that in which thofe who in the legislature, are Ib few and in-

that the governing party have

no

inb
1

Thus when Antipater ( ) opprefTmg them. made a law at Athens, that wholbever was not v/orth two thoufand drachms, mould have no power
formed by
;

C
r

Diodo-

to vote, he

this

nK-.ms the
ib

belt arido-

"

cracy poflible

becaule this \vas

fmall a

fum

excluded very few, and not one

fideration in the city.

of

any r.mk or con-

therefore, as
in

much

Aridocranc.il families ought as poffible, to 1-jvel themfclvcs

appearance with the people.

The more
it

an arido-

cracy borders on democracy, the nearer

approaches

to perfection ; and the more it is imperfect, in pro portion as it draws towards monarchy. But the mod imperfect of all, is that in which
vil

the part of the people that obeys, is in a date of ci lervitude to thofe who command, as the arido-

cracy of Poland, where the pealants are (laves to the

nobility.

CHAP.
Of
the Relation of La-ivs to
f/.e

IV.

Nature rf men.

Government.

HE
1
.:

intermediate,

fubordinate
I

;v

dent powers, coniYitiite

Lucca ih; magiltrutes are
.

22

T H E
4.

BOOK
Chap.

narchical government, I mean of that in which a I faid, fin gl e P er f n governs by fundamental laws.

the intermediate,

fubordinate and dependent powers. In fact, in monarchies the prince is the fource of
all

power

political

and

civil.

Thefe fundamental
intermediate channels
:

laws ncceflarily

fuppofe the
tin-

through which

power flows

for

if

there

be

only the momentary and capricious will of a fmgle per Ton to govern the Hate, nothing can be
fixed,

and of courie there can be no fundamental

intermediate and fubordinate

Jaw.

The moil
.vcr
is

natural,

that of the nobility. This in iurc firms to be c-fTential to a monarchy,

fome meawhofe fun;

da mental
,

maxim
monarch
are

is,
-,

no monarch,

no nobility

no no-

no

but there

may

be a

defpotic

prince.

There

men who have endeavoured

Europe
to abolifh
all

in

fome

countries in

the jurifdiction of

the nobility

not perceiving that they were driving

that

at the very thing

was done by the parliament

lords,
,

of England. Abolifh the privileges of the of the clergy, and of the cities in a monarchy

and

you

will foon

have a popular

ftate,

or elfe a defpotic
in

government.

The

courts of a ccnfiderable

kingdom

Europe

ages, been flriking at the patrimonial do not jurifdiclion of the lords and clergy. pretend to cenfure thefe fage magiftrates ; but we

have, for

many

We

leave

it

to the public

to judge,

how

far this

may

alter the conftitution.

Far am
the

from being prejudiced

in

favour of

privileges

be

glad their

of the clergy ; however, I fhould The jurifdiction were once fixed.

queftiori

O F L A
queftion eftablifhed
is
,

S.

not whether their jurifdiclion was juftly but whether it be really eftablilhed i

B
"

whether
try,

it

and

conftitutes a part of the laws of the coun is in every refpedl relative to thofe Jaws

whether between two powers acknowledged inde pendent, the conditions ought not to be reciprocal ;

and whether
jec~b

it is

not equally the duty of a good fub-

to defend the prerogative of the prince, as to maintain the limits which from time immemorial he

has prefcribed to his authority.

Though

the ecclefiaftic
it is

power

is

fo

dangerous

in a

extremely proper in a monarchy, What would be efpecially of the ablblute kind. come of Spain and Portugal fince the fubvernon of
republic, yet
their laws,

were

it

not for this only barrier againft

the incurfions of arbitrary power ? always ufeful when there is no other

tic

A
:

barrier that

is

for as a defpo-

government
it, is

is

productive of the

mod

frightful

calamities to
flrains

nature, the very evil that rebeneficial to the fubject.

human

As
little

the

ocean which feems to threaten to over

flow the

whole earth,
lie

is

pebbles that

fcattered

flopped by weeds and by fo along the fhore

:

monarchs whofe power feems unbounded, are reftrained by the fmalleft obftacles, and fuffer their natural pride to be fubdued by fupplication and
prayer.

The
lifhed

all

Englifh to favour their liberty, have abothe intermediate powers of which their

monarchy was compofed.

of reafon to be jealous of

They have
this

a great deal

liberty , were they ever to be fo unhappy as to lofe it, they would be one of the moft fervile nations upon earth.

C 4

Mr.

24

LOOK
n
,
-

Mr. Law, through ignorance both of a republican and monarchical conflitution, was one ot the
greateft

promoters of abiolute power that ever was

in

known

Europe.

Befides the violent and extraor

:

he wanted dinary changes owing to his direction to fupprcfs all the intermediate ranks, and to abolifh

He was the political communities. monarchy by his chimerical reimburfemerus,

kerned
It

the

and

as if he

wanted to redeem even the very con:

(litution.

in

not enough to have internis there mull be monarchy

,

vvers

pofitary
,es
:e

of the laws. of
tl-.p

This depofitary can be

j

kipreme courts of juftice, who \ new laws, and revive the obfolete. lorance of the nobility, their indolence,
1

the

-.cural

confj

civil

government,

require there

be

with a power of reviving anc. exe cuting the laws which would be otherwiie bui -l in oblivion. The prince s council are not a pu
a

body

in vetted

They are naturally the depofuar momentary will of the prince, and not of the K
itnental lav
.ally

Befides the prince s council is con changing-, it is neither permanent, nor nurr
neither has
it

rou.s

a fufficient fhare of the cc

it is incapable conjunctures, or to reu them to proper obedience. where there are no Defpotic governments,
-,

tien. e
let

of the people
;c

confequently

in difficult

fundamental laws, have no luch kind of

ti.

nee
ich
Per
1.

depofithat religion has generally to .ce in thofe countries, bccaule it forms

it

is

king of Arr?gon made himfelf grand mafter of the

:d that

alone changed die conftitution.

a kind

O F L A
be
faid

W
,

S.

25
if this

a kind of permanent depofitary

and

cannot

BOOK
c
,

of religion,

it

may

of the cuftoms that are

rcfpecled inftead of laws.

CHAP.
Of
the

V.
Go-

Lavs

relative

to

the nature of a defpotic

I ernment.

pcribn inverted with this power, commits the execution of it aJfo to a

FROM
lows

the
that

nature
the

of defpotic power

it

fol

fingle

perfon. nually inform, that

fingle

man whom
lie

his

fenfes

conti

himfelf

is

every thing, and

his fubjects nothing,

and>

is naturally lazy, voluptuous, In coniequence of this, he neg ignorant. lects the management of public affairs. But were

he to commit the adminiftration to many, would be continual difputes among them ;

there

each

would form intrigues to be his would be obliged to take the O hands. It is therefore more
refign
it

firft

flave;

and he

reins

into his

own
to

natural for

him
vizir

to a vizir *, and to inveft

him with

the
is

fame power as himfelf. The creation of a a fundamental law of this government.

It
is

related of a pope,

that he

had

raifed

an

infinite

number of

difficulties

againft his election,

his incapacity.

from

thorough conviction of

At

length he was prevailed on to accept of the ponti ficate ; and refigned the adminiftration intirely to
his

nephew.
faid,

He
eajy.

was loon ftruck with furprize,

/)j;v

and
things

I fhould n

were fo

The fame may

thought that thefe be faid of

fays Sir

The
Chardiji
.

Eaflern kings are never without vizirs,

John

princes

26

THESPIRIT
c

BOOK
thap

princes of the Eafb, who, being bred in that priTon where their eunuchs enervate both their hearts

and underftandings, and where they are frequently kept ignorant even of their high rank, when drawn order to be placed on the throne, they are forth
r

firit

am
ti.

but as foon

as

the

re chofen

a vLir,
the

mod

.indon themfelves in their feraglio to tlons, purfuing in the midft of

rt,

a
gancies ; the.-. matters fo only.

the mult capricious extrava

_T

have dreamt to find

is

The greater the extent of an empire, the greater the feraglio; and confequently fo much the more Hence the be prince intoxicated with pleafure.
nations fuch a prince has to govern, the lefs the greater his to the government ,
the
lefs

more

he attends
affairs,

he makes them the fubject of his

deliberations.

BOOK

O F L A

S.

27

BOOK
Of
the

III.

the three kinds Principles of

of

Government.

CHAP.

I.

Difference between the Nature and Principle of Governwent.

AFTER
which
fet it in
it is

to the nature

having examined the laws relative of each government, we mud

its

BOOK
in.
y~>i

inveftigate thofe that relate to There is this difference

principle.

between the nature

,

and principle of government which it is conftituted, and

its its

nature

is

that

principle that
is

by by

made

to

act.

One

its

particular

ftructure,

and the other the human paflions which

be no
lefs

motion.
laws ought to
relative

Now

to the

principle than to the nature of each government. mufb therefore inquire into this principle, which

We

/hall

be the fubject of

this third

book,

CHAP.
Of

II.

the Principle of different Governments.

IH

AVE

already obferved that

it

is

the nature

of a republican government, that either the col lective body of the people, or particular families
I

* This is a very important diftinftion, from whence draw a great many confequences ; for it is the key of an number of law:.

mall

infinite

fliould

28

BOOK fhouU
Chap.
3
.

THESPJRIT
:

b e pofTeiTtd of the fovereign power: of a monarchy, that the prince fhould have this fovereign power, but in the execution of it fhould be di

rected by eftablimed laws of a defpotic govern ment, that a Tingle perfon fhould rule according to his own will and caprice. No more do I want to

enable
are

me

to difcover their

three principles

thefe
fhall

from thence moft naturally derived. begin with a republican government, and ticular with that of democracy.

in

par

C
Of

II

P.

III.

the Principle of Democracy.

13

Tl
prince
s

K RE
to

no great mare of probity

a

necef-

fary

fupport

government.

The

monarchical or defpotic force of laws in one, and the

arc fufficicnt to direct
in

arm

in the other,

and
one

maintain the whole.

fpring
the

But

popular
r/V;
is

flate,

more
I

What

namely, have here advanced,

necefiary,

is

unanimous teftimony of

hiflorians,

confirmed by and is ex

For it tremely agreeable to the nature of things. is clc.ir that in a monarchy, where he who com
the execution of the laws generally thinks himfelf above them, there is lefs need of virtue than in a popular government, where the perfon intruded with the execution of the huvs, is fenfible
his being fubject himfelf to their direction. Clear it is alfo that a monarch, who through

mands

bad

advice

or

indolence

ceafes

to

enforce

the

exfnjtion of the Jaws, may eafily repair the evil : he has only to follow other advice ; or to fhake
.oft t

!olence.

in 2

popular govern ment,

O F L A
ment, there
proceed
the flate
is

S.

29

a fufpenfion of the laws, as this can from the corruption of the republic, only
is

BOOK

certainly undone,

very droll fpectacle it was in the laft century to behold the impotent efforts the Englifli made As thofe who for the eftablilhment of democracy.

had a fhare
void of
all

in

the direction of public affairs were

as

virtue,

their

ambition was inflamed

by the
bers *,

fuccefs of
as

the

the mofl daring of their of a faction was fupprefled fpirit

mem

only by that of a fucceeding faction, the govern ment was continually changing: the people amazed at fo many revolutions, fought every where for a

democracy,

length after

At being able to find it. of tumultuary motions and violent mocks, they were obliged to have recoui to the very government which they had fo odioufly
without
a feries

profcribed.
Sylla wanted to reftore Rome to her liber unhappy city was incapable of receiving it. She had only fome feeble remains of virtue, and
this

When

ty,

was every day diminifhing, inftead of be ing roufed out of her le:hargy, by Csfar, Tibe rius, Caius, Claudius, Nero, Domitian, me ri veted every day her chains j the blows flie ftruck
as this

were levelled againfb the tyrants,

tyranny.

but not at the

The
lar

politic

Greeks who

lived under

popu

government, knew no other fupport but virtue. The modern inhabitants of that country are intirely
taken up with manufactures,

commerce,

finances,

riches and luxury.

*

CromweJL

When

30

THESPIRIT
When
avarice
hearts of thofe
is bammed, ambition invades the who are difpofed to receive it, and the whole community. The defires pofiefies

BOOK
Chap

virtue

now change
before,

their objects

what they were fond of

;

becomes

indifferent

under the

reftraint
;

act againft law

they were free, while of Jaws, they will now be free to and as every citizen is like a flave
s

efcapcd from his mailer

houfe, what was a

;

maxim

what was a rule of ac and to precaution they tion, they call conftraint give the name of fear. Frugality, and not the thirft of gain, now pafTes for avarice. Formerly the
call

of equity, they

rigour
;

wealth of individuals conftituted the public trcafure; but now the public trcafure is become the patrimony

of private

perfons.

The members of

the

common

wealth riot on the public fpoils, and its flrength is only the power of fome citizens, and the licentioufnefs

of the whole community. Athens was pollcfied of the fame

fo

nuntfber offerees,

when me triumphed with

with
f
1

much
when

glory, and

when

fo

much infamy

Hie
3

was
),

inilaved.

She had

PIu"

twenty thoufand citizens

fhe defended the

tarch in
T>

Plato In
Cricia.

Greeks againft the Perfians, when me contended for ^ She had cm pi re with Sparta, and invaded Sicily.
twenty thoufand when Demetrius Phalereus num bered them *, as flaves are told by the head in a market. When Philip attempted to reign in Greece,

and appeared
then
loft

at the gates

of Athens

-f-,

fhe

had even

nothing but time. may fee in Demofthenes how difficult it was to awake her: fhe

We

* She had at that time twenty one thoufand citizens, ten thoufand flrangers, and four hundred thoufand flaves. See Athenacus, in

Book

6.

f She had then twenty thoufond

Ariftog.

citizens.

See Demofthenes

dreaded

O F L A
of her pleafures *.
fo

S.

31

dreaded Philip not as the enemy of her liberty, but

BOOK
l

This famous city, which had withftood many defeats, and after having be fo often deftroyed, had as often rifen out of her and at one afhes, was overthrown at Chaeronea,

blow deprived of
it

all

hopes of refource.

What

d<

back her prifoners, it he does not return her men ? It was ever after as caiy to triumph over the Athenian forces, as it would have been difficult to triumph over her virtue. How was it pofTible for Carthage to maintain When Hannibal, upon his Ivi. her ground ? made praetor, endeavoured to hinder the magiftrates
avail her that Philip fends

nfrom plundering the republic, did not plain of him to the Romans ? Wretches, \vho want ed to be citizens without a city, and to be beholden
i

Rome loon for their riches, to their very deftroyers infifted upon having three hundred of their principal
!

citizens as hoftages

me obliged them next to fur, niv.l thca fhe dedai render their arms and mips
;

againft them defencelefs city,

war

-f-.

By

the efforts

made by
in

this

when reduced

to defpair, one ir

judge of what fhe might have done ilrength, and affifted by virtue.

her full

CHAP.
Of
the Principle of
is

IV.

A
a

v.

A
for

S virtue
ment,

neceflary
it

in

popular
alfo
it

fo

is

necefTary

govern under an
c

They had paficd a law which rendered any one to propofe applying the
j

a cr.pkal

theatres to the military fervice. f This war laited three years.

ariftocracv.

BOOK

32

THESPIRIT
True it ariftocracy. fo abfolutely requifite.
is,

that in the latter

it

is

not

The people, the fame as the

arch,
are

who

in

refpeft to the nobility

are

fubjcdh with regard to the

mon

reftrained
lefs

by

their

laws.

They have
nobility

therefore
in

occafion

for virtue
ar.

thrm the people

the
to

democracy.
?

be

reft rained

But how Thole who

<

to
the

are

execute

laws againft their will immediately per ,, ceive they are inft themfclves. Virtue is therefore neceflfcry in this body by the very na
.

ture of the conftitution.

government has within itfelf a which a democracy has not. The nobles form a body, who by their prerogative and
arifrocratic.il

An

rtain ffrength

through particular
is

intercft,

reftrain the people

it

furricient

them But

here that there are laws in being to fee executed.

as eafy as
it
is

for the

body of

the nobles to

contain the people within bounds, fo difficult is it to contain themfclves *. Such is the nature of this
conftitution, that it fecms to fubjecl: the very fame perfons to the power of the laws, and at the fame

time to exempt them. Now fuch a body

only two ways
,

as

this

can

reftrain

itfelf

by a very eminent virtue, which puts the nobility in feme meafure on a level with the people, and may be the means of forming a great republic ; or by an inferior virtue, which
either

puts them at leaft

upon

level

with one another,

and on

this their prefervation

depends.

* Public crimes may be punifhed, becaufe it is here a common concern ; but private crimes will go unpunished, becaufe it is a common intereft not to punilh them.

Moderation

O F L A
Moderation
is

9.

33
this
5.

therefore

the

very foul of

on virgovernment-, a moderation I mean founded chap. tue, not that which proceeds from indolence and
pufillanimity.

CHAP.
fhat Virtue
is

V.
Co-

not the Principle of a monarchical

v eminent.
monarchies,

^
grt in

IN

policy makes people do

little

things with as

virtue as

me

can.

the fineft machines,

art has contrived as

Thus few mo\

ments, fprings, and wheels as poftible. The rtate fubfifts independently of the

love of

our country, of the thirft of true glory, of felfdenial, of the facrifice of our deareft interefts, and of all thofe heroic virtues which we admire in the
ancients,
(lory.

and

which to us are known only

by

laws fupply here the place of thole virtues ; by no means wanted, and the ftate difan a6lion performed here in iepenfes with them cret is in fome meafure of no confequence.
they
are
:

The

Though
lic,

all

crimes be in their
is

own

nature

pub

yet there

diftinction

between crimes that

are really public, and thole that are private, which are fo called, becaufe they are more injurious to in dividuals than to the whole fociety.

Now
lic,

in
is,

that

republics private crimes arc more pub they attack the conititution more than

they do individuals ; and in crimes are more private, that

prejudicial
ftitution.

monarchies
they are than to the
is,

pub,

more
con-

to

private

people

VOL.

I.

BOOK
TTT

34

THE SPIRIT
*c

Chap

beg that no one will take this amifs ; my obNervations are founded on the unanimous teuimony I am not ignorant that virtuous of hiftorians. no fuch very rare fight but I venture to princes are
i
/

affirm that in a

monarchy

it

is

extremely

difficult

for the people to be virtuous *. Let us compare what the hiftorians of

all

ages

have faic^oncerning the courts of monarchs-, let us e converfations and fentiments of people recollect of all countries in refpect to the wretched character

of courtiers

and we mail

find,

that the fe

are not
a

mere

airy fpeculations,

but things confirmed by

idlenefs,

fad and

melancholy experience.
and
bafenefs
to

Ambition joined to
pride
,

a dtfire of obtaining riches without labour, and an averfion to truth , flattery, treafon, perfidy, violation of engagements, contempt of civil duties,
fear of the prince s virtue, hope from his weaknefs, but above all a perpetual ridicule caft upon virtue,
are,
I

think,
all

the

characteriftics

by which molt

courtiers in

ages and countries have been con-

Now it is exceeding difficult ftantly diftinguifhed. for the leading men of the nation to be knaves, and for the inferior fort of people to be honed ; for the former to be cheats, and for the latter to reft fatiffted to be only dupes.

But
honeft
*
as
I

if there

mould chance

to be

fome unlucky

man

-f-

among

the people,

cardinal Richelieu
moral virtue

fpeak here of political virtue,

which

is

alfo

directed to the public good ; very little of private moral virtue; and not at all of that virtue which relate* to revealed
it is

truths.

t
note.

This This is

will to

appear better, Book V. chap 2. be underilood in the fenie of the preceding

in

O F L A
in
his

S.

political teftarrient

* feems to hint

that

B
1
1

So c prince (hould take care not to employ him -f-. true is it that virtue is not the fpring of this go- x
vernment
!

.,

;.

CHAP.
In

VI.
monarchical

what manner

Virtue

is

fupplied in a

Government.
is it high time for me to have done with this fubject, left I fhould be fufpccted of writing a fatire againft monarchical government.

BUT
Far be
it

monarchy wants one fpring, Honor, that is, the prejudice of every perfon and rank, fupplieth the
;

from

me

if

it is

provided with another.

place of virtue, and is every where her reprefentahere it is capable of infpiring the mod glo tive rious actions, and joined with the force of laws may
:

lead us to the end of government as

itfelf.

well as virtue

Hence
almoft
all

in

well

regulated monarchies,
fubjefts,

good
).

and
a

very

they are few good

is
a
(

men

for to be a
a (

good man,

good

intention

neceflary

Scc

^e

CHAP.
O/
the Principle of

notep

VII.

Monarcfy.

Monarchical government fuppofeth, as we have already obferved, pre-eminences, and

* This book was written under the from the infpeflion, and memoirs of cardinal Richelieu by Meflkurs de Bourfcis, and d , who were ftrongly his adherents. t We muft not, fays he, employ people of man extraction i they are too auftere and difficult.

ranks,

BOOK
Chap. -

36

THESPIRIT
ranks, and likewife a noble defcent.

Now

as

it is

tne nature of honor to afpire to preferments and diftinguifhing titles , it is therefore properly placed
in this

government.
is
it

Ambition

monarchy
tage, that

But in a pernicious in a republic. has fome good effects , it gives life to

and
is

the government,
it

attended with this advan

becaufe
it

is

no way dangerous,

may

be continually checked. It is with this kind of government as with the fyftem of the un wrle, in which there is a power that
conllantly repels
all

bodies from the center, and a

power
lets

ot gravitation that attracts

them

to

it.

Honor

all
its

by

the parts of the body politic in motion ; very action it connects them ; and thus each

individual advances the public good, while he only thinks of promoting his own particular intereft.

True
a
falfe

it

is,

that,

honor which moves

,

philofophically fpcaking, it is all the parts of the go

falfe

vernment

but even this

as

honor

is

as

ufetul

to

the public,

true honor could

poflibly prove to

private people. I- it not a very great point, to oblige perform the moll difficult actions, fuch as

men

to

require

a great degree of fortitude and fpirit, without any other recompence, than the fame and reputation
arifing

from the actions themfelves

CHAP.
ONOR
defpotic
is

VIII.

flat Honor h not the Principle of defpotic Government.

far

from being the principle of

:

government
i

men being

here

all

upon

O F L A
upon
a level,

S.
to another
J
;

37
-

no one can prefer himfelf

all flaves,
all.
its

men being
Befides,
it

here
at

they can give thcmfelves Ch

no preference

as

honor has
to

laws
as

and
it

rules,

as

knows not how

fubmit,

a great meafure on a man s on that of another perfon it can be found only in countries in which the conftitution is fixed, and where they are governed by fettled laws.
,

depends in own caprice, and not

How
thing as
life,

can a defpotic prince bear with any fuch

in

honor ? Honor glories in contempt of and here the prince s whole ftrength confifts How can honor the power of taking it away.
a defpotic prince?
,

ever bear with

rules,
is

It

has

its

ii\rd

but a defpotic prince and conftant caprices directed by no rule, and his own caprices dcllroy
others.

all

Honor

therefore,

a thing
to exprefs
-,

unknown
b it (
),

in

defpotic
fo
b
(

governments,

where very often they have not

much

as a

fit

word

ing principle

in

monarchies

here
laws,

it

the prevailgives life to the

is

)SecPer-

r
>

lM47-

politic, to the virtues themfelves.

whole body

and even

to

the

CHAP.
Of

IX.

the Principle of defpotic Government.

monarchy honor, fo fear is necelTary in a with regard to virtue, there defpotic government is no occafion for it, and honor would be extremely
a
:

AS
Here

virtue

is

neceflary in a republic,

and

in

dangerous.
the

immenfe power of
thofe to

the prince
is

is

devolved

i-ntirely

upon

whom

he

pleafed to intruft
it,

38

T H u
;
t>

BOOK
Chan o

Perfons capable of fetting a value upon them* Fear Delves would be likely to create revolutions.
their fpirits,

muft therefore deprefs

and extinguish

even the lead fenfe of ambition.

A
pleafes,
It

whenever it moderate government may, and without any danger relax its fprings.

fupports itfelf by its Jaws, and by its own force. But when a defpotic prince ceafes one fingle mo ment to lift up his arm, when he cannot inftantly

demolifh thofe

whom

he has entrufted with the

:

firft

for as pods and employments *, all is over fear, the fpring of this government, no longer fubfifts,

It is

the people are left without a protector. probably in this fenfe the Cadis maintained

that the grand Seignor was not obliged to keep his word or oath, when he limited thereby his auRicaplt

thority
It is

(*).

fire.

neceflary that the people mould be judged by laws, and the great men by the caprice of the that the lives of the loweft fubjecls mould prince
;

We

and the bafhaw s head always in danger. cannot mention thefe monftrous governments without horror. The Sophi of Perfia dethroned in
be
fafe,

our days by
conftitution
See the
revo-

Mahomet
fubvcrted

the ion of Miriveis, faw the

before

this

revolution,

be-

h cau fe h e had been too fparing of blood ( ). informs us that the horrid cruelties of Hiftory

krion by

Domitian flruck fuch a terror into the governors, crDu that the people recovered themfelves a little under r caceau.
~

his reign -p Thus a torrent lays one fide or a whole country wafte, and on the other leaves fields
*

As

it

often happens in a military ariftocracy. a military government, which is one of the fpeeies

of

government.

untouched,

ij i\
is

vv

o.

39

untouched, where the eye of fome diftant meadows.

refrefhed with the fight

BOOK
Chap,
10,

C
Difference

H A

P.

X.
Go

of Obedience in moderate and defyotic vernments.

IN

defpotic ftates the nature of the government and when requires the moft pafllve obedience once the prince s will is made known, it ought
-,

infallibly to

produce

its efFect.

Here they have no limitations or reflriiftions, no mediums, terms, equivalents, parleys, or remonftrances
is
,

nothing equal or better to propofe

man

a creature that fubmits to the abfolute will of a

creature like himfelf.

In a country like this they are no more allowed to reprefent their fears in refpecl to a future event, than to excufe their bad fuccefs by the capricioufnefs

of fortune.
is

Man

portion here, like that of

beads,

inftincl,
it

compliance and punifhment.

Little does

then avail to plead the fentiments

of nature, refpect for a father, tendernefs for a wife and children, the laws of honor, or an ill Hate of health ; the orders are given, and that is fufficient. In Perfia when the king has condemned a perlon, it is no longer lawful to mention his name, or to in tercede in his favor. Though he were drunk and befide himfelf, yet the decree mult be executed ( g ) ; otherwife he would contradict himfelf, and the law f admits or no contradiction. This has been the way
of thinking in this country in all ages , as the or der which Ahafuerus gave to exterminate the Jews, could 4

(*)

See Sir

fe~

n
,

Cliardm.

40
r
o K
10.

in
tnc liberty

&

cculd not be revoked, they contrived to allow them

Chap.
h
(
)

There
Ibid,

is

f defending themfelves. one thing however that

h

may

be op-

pofed to

They
if

the prince s will ( ) ; namely, religion. will abandon a parent, nay, they will kill him,

them

the prince fo commands ; but he cannot oblige to drink wine. The laws of religion are of a fupcrior nature, becaufe they bind the prince as

well as the fubjeft. Bur, with refpect to the law of urc it is otherwife , the prince is no longer fup-

pok-d to be u man. In monarchical and moderate dates,

is

the power

limited

by

its

very

fpring,

mean by honor,

which
pl
l.v.

like a

They
him

will

reigns over prince and peonot here alledge to their prince the on ; a courtier would think this would

monarch

render

ridiculous.
all

But the laws of honor

will

be alledged on

occafions.

Hence

arife

the re-

ftr56tions necefiary to obedience ; honor is naturally to whims, by which the fubj eft s obedience lubje<5t will be always directed.

thefe

the manner of obeying be different in two kinds of government, yet the power is the fame. On which fide foever the monarch he inclines the fcale, and is obeyed. turns, The whole difference is, that in a monarchy the

Though

prince

has the afliftance of inftruction, and his minifters have a far greater capacity and are better verled in affairs than the minifters of a deipotic

government,

CHAP.

O F L A

S.

41

CHAP.

XI.

Reflexions on fie foregoing. are the principles of the three forts of B o o K which does not imply that in a
:

SUCH government

particular republic they actually are, but that they nor does it prove, that in a ought to be, virtuous
:

particular monarchy they are actuated by honor, or in a particular defpotic government by fear ; but
that they

ought

to

be directed by thefe principles,

is

Qtherwife the government

imperfect.

BOOK

A2

BOOK
"That

IV.
to be re

the

Laws of Education ought

lative to the principles of Government.

CHAP.
Of

I.

tbc Laivs of Education.

BOOK
i

/"

"^

f{

];

aw s of education

are the

firft

impre/Tions

nd as they prepare us for civil life, each particular family ought to be governed purfuant to the plan of the great family which com
prehends them
If
all.

we n

the people in general have a principle, their contlitucnt parts, that is, the feveral families, will

have one

allb.

The

laws of education will be there

fore different in each fpecies of government ; in narchies they will have honor for their object , in re

mo

publics, virtue

in defpotic

governments,

fear.

CHAP.
Of

II.

Education in Monarchies.

It in not taught in colleges or academies. Jbme meafure commences, when we fet out in the world for this is the fchool of what we call honor, that univerfal preceptor which ought every where to
is
:

IN

monarchies the principal branch of education

be our guide.

Here
things,

it

is

that

tbat

we

we conftantly fee and hear three Jhould have a certain noblenefs in cur

O F L A
our virtues^

W
;

S.

43
and a

a kind of franknefs

in our morals^

BOOK
Chap."

particular politenefs in our behaviour. The virtues we are here taught, are leis

2.

what we

owe
what

to other, than to ourfelves

affimilates us to, as

they arc not fo

much

what

diftinguifhes us from,
as
;

our fellow citizens.

Here

the actions of

men

are not

judged

good,
not as

but as fhining ; not as juft, but as great reafonable, but as extraordinary.

When honor here meets with any thing noble in our actions, it is either a judge that approves them, or a fophift by whom they are excufed. It allows of gallantry when united with the idea
of
is

fenfible affection,

or with that of conqueft

this
ftrict:

the reafon

why we never meet

with fo

a purity of morals in monarchies as in republican

governments. It allows of cunning and craft, when joined with the idea of greatnefs of foul or importance of affairs ;
as for inftance,
in politics

with whofe

rlnefles it is far

from being offended.

It

does not forbid adulation, but

when

feparate

from the idea of a large fortune, and connected only

with the fenfe of our mean condition.

With regard to morals, I have obferved that the education of monarchies ought to admit of a certain
franknefs and open carriage. Truth therefore in But is it for is here a necefiary point. the fake of truthJ by no means. Truth is requifite

converfation

air

only becaufe a perfon habituated to veracity has an of boldnefs and freedom. In fact, a man of

this

flamp feems to lay

a fire Is only

themselves, and not on the

are received.

manner

on the things in which they

Hence

44
H b
o
is

T H E
I If nee it is,

that as
fo

commended,

much as this kind of franknefs much that of the common people

defpifed, city for its object.

is

which has nothing but truth and fimpli-

In fine, the education of monarchies requires a certain politcnefs of behaviour. Men born for focicty, arc born to pleafe one another ; and a perfon that would break through the rules of decorum, by
ili
:

hole he convcrfed with,

the public elleem as to

would fo far lofe become incapable of doing any

does not derive

good.
Jjut politcnefs, generally ipeaking,
its

original from fo pure a fource. It rifes from a defire ot It is diftinguifhing ourfelves. pride that ren
:

ders us polite

we

feel a

pleafing vanity in being re

we

mews in fome mealure meanly born, and that we have not been bred up with thofe who in all ages have been confidered as the fcum of the people.
marked
for a behaviour that

are not

Politenefs, in monarchies,

is

naturalifed at court.

One man excefiively great renders Hence that regard which is tle.
fubjecls
;

every body

elfe lit

paid to our fellow

thole
tifed

by whom,
;

hence that politenefs, which is as pleafing to as to thofe towards whom, it is pracit

gives people to underftand, that a perfon actually belongs, or at leaft deferves to belong, to the court.

becaufe

rowed

court air confifts in quitting a real for a bor the courtier The latter greatnefs.
pl^|fes
his

own. It infpires him with a certain difdainful modefty which mews itfelf externally, but

more than

whofe pride diminifhes infenfibly in proportion to diftance from the fource of this greatnefs.

its

At

O F L A
At
court

S.
]]

45
K

find a delicacy of tafte in every thing, a delicacy arifing from the conftant ufe of the fuperfluities of an affluent fortune, from the variety, and
cfpec^ally the iatiety city

we

of pleafures, from the multipli

if they arc

and even confufion of fancies, which

but agreeable are always well received. Theie are the things which properly fall within the province of education, in order to form what

we

call a

man of

honor, a

man

pofiefTed of all the

qualities

and virtues requifite

in this

kind of govern
t

ment.

Here it is that honor interferes with every mixing even with people s manner of thinking, and
directing their very principles.

To

this

whimfical honor

it

is

owing
and

that the vir

as
it

tues are only juft it adds rules of

what
its
it

it

pleafes,

pleales

prefcribed to us

invention to every thing extends or limits our dutu

own

cording to

its

own

fancy, whether they proceed irom

inculcated in

religion, politics, or morality. There i$ nothing fo ftrongly

mo

narchies,

by the laws, by

tells

fubmifiion to the prince s us that the prince ought never to

religion, and honor, as will ; but this very honor

command

difhonorable action, becaule this would render us incapable to ferve him.

Gruillon refufed to alTaflinate the duke of Guife,

but he offered Henry III. to fight him. After the maflacre of St. Bartholomew, Charles IX. having
fent orders to all the governors in the feveral pro vinces for the Hugonots to be murdered, vifcount

Dorte,
the

who commanded
g
(

at

Bayonne, wrote thus to

the inhabitants
troops^

king,

Sire,

among

of
not

this

town,

and your

majcftfs

could

^WA
hil1

fa

46
K

THESP1RIT
f
muc ^
as

TV
Chap.*
2.

one

execuf * oner
foldiers.
to

they

are honcjl
therefore

citi-

zens

and brave
that

We

jointly

be-

feecb your

tnajefty

things

are

command our arms find lives This great and practicable.

generous foul looked upon a bafe action as a thing

impoiTible.

commends
profeflion,

nothing that honor more ftrongly re to the nobility, than to fervc their prince in a military In fact is their favourite capacity. tty$
is

There

becaufe its dangers, its^fuccefs, and even And yet mifcarriages are the road to grandeur. this very law of its own making, honor chufes to ex
its

plain

and

if it

happens to be affronted, requires

retirr.

or permits us to

It infifts alfo that we fhould be at liberty either to feek or to reject employments ; a liberty which it prefers even to an ample fortune.

Honor
education

therefore has
is

its

fupreme laws, to which

obliged to conform. The chief of thefe are, that we are allowed to fet a value upon our for tune, but it is abfolutely forbidden to fet any value

upon our

lives.
is,

The

fecond

that

when we

are raifed to a

pod

or rank, we mould never do or permit any thing \vhich may feem to imply that we look upon ourfelves as inferior to the rank we hold.

The
do mands

bids are

that thofe things which honor for rigoroufly forbidden, when the laws not concur in the prohibition ; and thofe it com
third
is,

more

are more flrongly infifted upon, when they happen not to be commanded by law.

CHAP.

O F L A

S.

47

CHAP.
Of

III.

Education in a defpotic Government.

raife

AS

education in monarchies tends only to

BOOK
*

and ennoble the mind, fo in defpotic governments its only aim is to debafe it. Here it muft necefiarily

be

fervile

even

in

power fuch an education

is

will be an advantage*, fame time a flave.

becaufe every tyrant

at the

fon that obeys

ExcefTive obedience fuppofes ignorance in the pi rthe fame it fuppofes in him that
:

commands

for he has

no occafion

to deliberate,

to

doubt, to reafon j he has only to will. In defpotic ftates each houfe is a feparate govern ment. As education therefore confifts chiefly in focial converfe,
all
it

it

muft be here very much limited

does

is

to ftrike the heart with fear, and

to

imprint on the underftanding a very fimple notion of a few principles of religion. Learning here proves dangerous, emulation fatal , and as to virtue, Ari(lotle

cannot think there

c

to flaves

( ) ;

if fo,

is any one virtue belonging education in defpotic countries is

e
( )

Polit.

confined within a very narrow compafs. Here therefore education is in fome meafure necdlefs
:

thing
to

to give fomething one muft take away every and begin with making a bad fubjec~t in order i

a good flave. For why mould education take pains in forming a good citizen, only to make him mare in the public
? If he loves his country, he will ftrive to re if he mifcarries, he lax the fprings of government

make

mifery
will
felf,

be undone

if

he fucceeds, he muft expofe him-

the prince, and his country to ruin.

HA

P,

48

T H E
Difference between the

R
IV.

T
and modern

CHAP.
effefts

cf Education.

ancient

governChap.*4. A.
5.

merits that
this

had virtue for

in
full

their principle

and when

they performed things unfcen in our times, and fuch as are capable
vipor,

was

of aftonifhing our

little fouls.
;

Another advantage their education had over ours it never was effaced by contrary impreffions. Epaminondas, the laft year of his life, faid, heard, faw, and performed the very fame things as at the age in which he received the firft principles of his education. In our days we receive three different or contrary
educations, namely, of our parents, of our mafbers, and of the world. What we learn in the latter effaces

This in fome meafure from the contraft we experience between our religious and worldly engagements a thing unknown
all

the ideas of the former.

arifes

to the ancients.

CHAP.
Of
is

V.

Education in a Republican Government.

power IT

in a republican

government
is

that

the whole
fear

of education

required.

The

of

defpodc governments rifcs naturally of itielf amidft the honor of monarchies threats and punifhments is favoured by the paffions, and favours them in its
;

turn

but virtue

is

felf-

renunciation which

is

al

ways arduous and painful. This virtue may be defined, the love of the laws and of our country. As this love requires a conftant

O F L A
ftant

S.
*

49
o o K

preference of public to private intcreft, it is the fource of all the particular virtues , for they arc ~
-

nothing more than this very preference it This love is peculiar to democracies.
alone the

Chap.

5.

lelf.

In thefe
citizens.

Now
ferve

government is intruded to private government is like every thing elfe

it,

to pre-

we
it

mud

love

it.

Has
-of

ever been heard that kings were not fond

monarchy, or that defpotic princes hated arbi trary power ? Every thing therefore depends on eftablifliing this Jove in a republic, and to infpire it, it ought to be the
bufinefs of education
it
:

principal

but the

furc-ll

of

inililling

into children,

is

for parents to let

way them

an example. People have

it

generally in their

power
;

to

com

municate
(till

their ideas to their children

but they are

better able to transfufe their pafilons. it happens otherwife, it is becaufe the imprelfions made at home arc effaced by thofe they have

If

received abroad.
It is

not the

young people

that degenerate

they

are not fpoilt till thole of maturer age are already funk into corruption.

CHAP.
Of fome
Inftitutions

VI.
the Greeks.

among

Greeks, convinced of the nepeople who live under a popular government mould be trained up to virtue, made very fingular inftitutions in order to infpire it. Upon

THE
VOL.
I.

ancient

ceflity that

feeing in the life of Lycurgus the laws that legislator gave to the Lacedasmonians, I imagine I am reading

the

BOOK
Ch-n 6

50

T H E
th e

The laws of Crete hiftory of the Sevarambes. del of thofe of Sparta ; and thofe of were tne

Plato reformed them.

Let us

reflect here a little

on the extenfive genius

with which thofe

muft have been endowed, to perceive that by {triking at received cuftoms, and by confounding all manner ot virtues, they flio.uld
legiflators

wifdom to the univerfe. Lycurgus by blending theft with the fpirit of juftice, the hardeft fervitudc with excels of liberty, the moft rigid fentiments with the greateft moderation, gave (lability to his city. He fecmed to deprive her of all refourdifplay their

ccs fuch
tion

as arts,

commerce, money, walls

the
citizens

ambi

hopes of improving their fortune , they had natural fe.itimcnts without the tie of a fon, hufband, or father ; and challity was ftript even of modefty and fhame.
prevailed

among

without

glory

This was the road that led Sparta to grandeur and and fo infallible were her inftitutions, that it ;

nothing to gain a victory over her, without Subverting her polity *. By theie laws Crete and Laconia were governed.
fignified

Sparta was the laft that fell a prey to the Macedoni The Samnites had ans, and Crete to the Romans -j-.
the fame inftitutions,
(*)

which furnifhed thofe very Ro-

Florus,

mans with

A
*

the fubjedl of four and twenty triumphs ( a ). character fo extraordinary in the inftitutions of
itfelf lately in

Greece, has fhewn

the dregs

and

cor-

Philopu-men obliged the Lacedaemonians to change their man ner ot educating their children, being convinced that if he did not take this meafurc they would ahvavs ha\ e a great foul and a noble heart. See Livy book 38. Plutarcl\ Life of Pbilop<emen. She defended licr laws and liberty for the (pace of three years. See the 98, 99, and 100 book of Livy in Fiona s epitome ; fhe made a braver rcnilance than the gn.-atelt kii,
(

ruption

O F L A

S.

51

BOOK very honeft legifruption of our modern times *. lator has formed a people, to whom probity leems as C ;j natural as bravery to the Spartans. Mr. Pen is a

.,

and though the former made peace ; aim, as the latter did war, yet they refemble one another in the fingular way of living to which they reduced their people, in the afcendant
real

Lycurgus

his principal

they had over free men, in the prejudices they over

came, and in the paffions they fubdued. Another example we have from Paraguay.

This

has been the fubject of an invidious charge againft a fociety, that confiders the pleafure of commanding
as the only but it will be always a happincfs in life glorious undertaking to render government fublervient to human happincfs -f. It is glorious indeed for this fociety to have been
:

the

firft

in

pointing out to thofe countries the idea

jc^jned with that of

of religion

humanity. By repair ing the devaftations of the Spaniards, Hie has begun to heal one of the mofl dangerous wounds that the

fpecies ever received. exquifite fenfibility to whatever me diftinguifhes by the name of honour, her zeal for a religion

human

An

which
vaft

is

far

more humbling

in refpect to thofe that

it,

hear than to thofe that preach

have

fet

her

upon

undertakings, which (he has accomplished with fuccefs. She has drawn wild people from their woods, fecured them a maintenance, and clothed
their nakednefs and had (he only by this means improved the induftry of mankind, it would have
;

been
*

fufficient to eternize

her fame.

InfeceRemuIi, Cicero. f The Indians of Paraguay do not depend on any particular lord, they pay only a fifth of the taxes, and are allowed the ufe of fire-arms to defend themfelves.

Thofe

52

THE
K.
.

Px

T
s

O O

IV.
6.

Thofe who mail attempt hereafter to introduce fuch institutions as thefe, muft eftablifh. the com
munity of goods
that
as

prefcribed in Plato

republic
-,

high refpedl he required for the gods

s

that

feparation

people

from ftrangers for the prefervation of and an extenfive commerce car ried on by the community and not by private citU MS they mult give our arts without our luxury, and our wants without our defires. They muft profcribe money, the effecT; of which
morals
,
:

is

s fortunes beyond the bounds to learn to prelerve for no by nature purpoll* what has been idly hoar.ded up , to multiply without end our ddires , and to fupply the fterility

to

fwfll people

prefcribed

-,

of nature, of

whom we have received very fcanty means, ot inllaminL; our paflions and of corrupting each other.
"

i
,

lui

The Epidamnians
magiftratc for

in

"

-uff"

depraved by converting
a
41

perceivingttheir morals with barbarians, chofe

all

con:>:%

making

contracts and
city."

fales

in the

name and

behalf of the

Commerce

chairs.

then does not corrupt the contlitution, and the conftitution does not deprive the fociety of the advantages of

commerce.

CHAP.
/;;

VII.
Inftitutions

what Cafe

theft

Jmgidar
Service.

may

be of

of
their principle

this

INSTITUTIONS per in republics, becaufe

;

kind may be pro they have virtue for

to

but to excite

men

honour

in

mo

narchies, or to imprint fear in defpotic governments,

Jefs

pains

is

neceffary.

Befides

O F L A
Befides
ftate *,

S.

5
but in a fmall
>

they cannot take place

in

which there

is

education, and of training ple like a fingle family.

a polTibility of a general up the body o[ the peo

The

laws of Minos, of Lycurgus, and of Plato,

fuppofe a particular attention and care, which the citizens ought to have over one another s condii

But an attention of this kind cannot be expected in the confufion, and multitude of affairs in which a
large nation
is

intangled.

In inftitutions of this kind, money, as we have above obferved, muft be banimed. But in O creat *
focieties,

the multiplicky,

variety,

emb^rraflhicnt,

and importance of affairs, as well as the {utility of purchafing, and the flowncis of exchange, re
quire
a

common

meafure.

In

order to extend or

power, we muft be pofTdlcd of the means to which, by the unanimous conlent of man kind, this power is annexed.
fupport our

II

P.

VIII.
rrfpefi.

Explication of a Paradox of tbc Ancients, in

to

Manners.
writer Polybius informs mufic was neceflary to foften the manners of the Arcadians, who lived in a cold gloomy country ; that the inhabitants of Cy-

HAT

judicious

J[

us, that

nete
all

who

flighted

the Greeks,
in

mufic were the cruel left of and that no other town was fo
that

immerfed
afraid

luxury

to
*

affirm

and debauch. there is no

cities

Plato

is

not

poftibility

cf

Such

as

were formerly the

of Greece.

making

54

THESPIRIT
w ik tne fr ame f government. Ariftotle, who feems to have wrote his politics only in order to contradict Plato, agrees with him notwithftanding,
in

BOOK making
Chan/8.

a change in mufic, without changing like-

regard to the power and influence of mufic over the manners cf the people. This was alfo
the opinion of Theophraftus, of Plutarch ( d ), and O f a i| tj ie ancients , an opinion grounded on ma
ture
their
reflection
;

pi)
I

Life of
-.
"j>Ki.i

being

one of
it

the principles

of

politics *.

Thus

was they enacted laws,

cities

and

thus they required

that

mould be go

verned.

This I fancy It ing manner.

Greece,
ir,

may
is

be explained in the follow obfervable that in the cities of

Hook

and profeffions were confidcrecl as unworthy of a freeman. Mcft arts, fays c Xenophon ( ), corrupt and enervate the bodies of
all

efpecially thofe lucrative arts

whofe principal object was

^thofmc- tkofc that

der

fxcrcife

tlcm

they

oblige

tl-cm to fit un

_/

cr near

the fire.
friends^

Tkey can find no

cr for the republic.

Icifttre,

dtker for
on-ly
f

It

was

that artifans
f
(

by the corruption of fome democracies became freemen. This we learn from

Polit.
3.
.

Bool;

Chap. 4

who maintains, that a well regulated , republic will never give thorn the right and freedom } or the city
Ariftotle
,

rnufic

In his fourth book of laws, fays, that the prrfeflures of and gymnic exercifes are the moll important employments in the :ity and in his Republic, Uook t,. Damon will tell you, fays he, what founds are capable of infpiring a meannefs of foul, info;
1

Pb*n

Icnct

ar>1

the contrary vin;.

for-

f Diorhr.ntcs, fays Arillotlr, Polit. ch. 7. made a law zrcrly at Athens that artifans fhoulci be P.aves to the republic.

Agriculture

O F L A

S.

55
*
^

B Agriculture was likewife a fervile profeffion, and generally pradtifed by the inhabitants of conquered ch Such as the Helotes among the Lacedae countries. monians,
Penejles

the

Periecians

among

the Cretans,

the

Theflalians, and * quered people in other republics.

among

the

other

con

In fine, every kind of low commerce -J- was in famous among the Greeks ; as it obliged a citizen to ferve and wait on a flave, on a lodger, or a This was a notion that clamed with the ftranger. hence Plato ( s ) in his laws fpirit of Greek liberty
:

R
( )

Book

2.

be punifhed concern himfelf with trade.

orders a citizen to

it

he attempted to

Thus

in the

Greek republics the magiftrates were

They would not have the extremely embarrafied. citizens apply themfelves to trade, to agriculture,
or to the arts
idle
h
( ).
;

and yet they would not have them

therefore

They found 3
,

employment ;
-,

...

in

gymmc

and military

exerciies

for them ,,and none elie

h
(
)

A ii.1.

Polit. lib.

|0

were allowed by their inftitution Hence the Greeks mud be confidcred as a fociety of wreftNow thefe exercifes having a na Jers and boxers. tural tendency to render people hardy and fierce,
.

there

was

neceflity

for

tempering

them with

* Plato likewife and

Laws Bcok

;.

Polit.

Book

Ariftotle require flaves to till the land, True it is that agriculture 7. c. 10.
:

was not every where exercifed by flaves on the contrary, Ari the belt republics were thofe in which the citizens but this was brought about by the cor themfelves tilled the land of the ancient governments, which were become dcmocraruption
ftotle obferves,
:

tical

for in earlier times the cities

of Greece were fubjeft

to

an

ari-

itocratic

government. f Cauponatio. Ars corporum exercendorum gymnaftica, terendorum pcedotribica. Ariltot. Polit. 1. 8.

variis
c. 3.

certaminibuj

others

BOOK
T

^o
,

I* iv* a

others that

\r

might foften their manners *. For this means purpofe, mufic, which influences the mind by It of the corporeal organs, was extremely proper.
is

a kind of a

that

render

medium between the bodily exercifes men fierce and hardy, and fpeculative
them unfociable and
four.
It

fciences that render

cannot be
fects

mufic infpired virtue, for this would be inconceivable but it prevented the ef
faid that
:

of a favage inftitution, and enabled the foul to have fuch a fhare in the education, as it could
never

have

had

without

the

affiftance

of har-

mony. Let us fuppofe among

:

ourfelves a fociety of men fo paffionatdy fond of hunting, as to make it their employment thefe people would doubtlefs conif

But thereby a kind of rufticity and fiercenefs. they happened to receive a tafte for mufic, we
quickly perceive a fenfible difference in their froms and manners. In fhort, the exercifes ufed

fhoulcl

by the Greeks excited only one kind of paffions, But mufic ex fiercenefs, anger, and cruelty. cites all thofe ; and is likewife able to infpire the Toul with a fenfe of pity, Jenity, tendernef?, and love.
vi/..

Our moral

writers,

who

declaim fo vehemently a-

gainft the Hage, fufficiently demonftrate the of mufic over the foul.
If

power

the fociety abovementioned were to have no

other mufic than that of drums and the found of

the trumpet
;

would
end,

it

not be more difficult to ac-

complifh

this

than by the more melting tones

* Ariflotle obferves, that the children of the Lacedaemonians, \vho began thefe exercifes at a very tender age, contracled fron} therice too great a ferocity and rudenefs of behaviour.

of

OF LAWS.
of fofter harmony
in the
?

57
therefore B
*

The

ancients were

they

right, when under preferred one mode

particular circumftances chap/8. to another in regard to

manners.

But fome
becaufe of
lefs

will afk,

why

fhould mufic be pitched

upon preferable
all

any other entertainment ? It is fenfible pleafures, there is none that

to

corrupts the foul. tarch ( ) that the Thebans,

J

We

blufh to read in Plu

in

order to foften the

Life

of

authorifed by law a pafiion, that ought to be profcribed by all nations.

their youth,

manners of

Pelopida*.

BOOK

58

TH

SPIRIT
V.

MGHnBWRNftHnORIHM^^

BOOK
*fhat the

Laws

given by the Legiftator

Principle of

ought

to be relative to the

Government.

CHAP.
Idea

I.

of

this

Book.

BOOK
v
%
j.
*

HAT

the

laws of education ought to be

relative to the principle of each government, has been fhewn in the preceding book. the

Now

fame may be laid of thofe which the legiflator This relation of laws gives to the whole fociety.
to this principle, ftrengthens the feveral fprings of

government,
thence,
in
its

and
turn,

this

principle

receives

from

new degree of
that action

ftrength.
is

And thus it is in mechanics, followed by reaction.

Our
defign
is

always
in

to

examine

this

relation

each
flate

government, beginning with the republican whofc principle is virtue.

CHAP.
What
is

II.

meant by Virtue in a Political

in

State.

VIRTUE
thing;
:

a republic

is

mod

it is

a love for the republic;

fimple it is a

feniation, and not a confequence of acquired know a fenfation that may be felt by the meanefl ledge When as well as by the higheft perfon in the flate.

the

O F L A
the

S.

adopt good maxims, they adhere to them fteadier than thofe we call gentlepeople

common

men. It is very rare that corruption commences with the former ; nay, they frequently derive from their imperfect the light a ftronger attachment to
eftablifhed laws

and cuftoms.

of our country is conducive to a purity of morals, and the latter is again conducive to the love of our country. The lefs we are able
love
fatisfy our particular pafiions, the more we abandon ourfelves to thofe of a general nature. How comes it that monks are fo fond of their

The

to

order

It

is

owing

to the very caufe that renders

the order infupportable. Their rule debars them of all thofe things by which the ordinary paflions
are fed ; there remains therefore only this pafllon for the very rule that torments them. The more auftere it is, that is, the more it curbs their inclina
tions,

the

more

force

it

gives to the only pafiion

it

leaves them.

CHAP.
What
is

III. in a

meant by a Love of the Republic

cracy.

Demi-

mocracy

A
A

Love of
is

the republic in a democracy is a Jove of the democracy ; a love of the de

that of equality.

love of the democracy is likewife that of fru As every individual ought to have here gality.

the fame happinefs and the fame advantages, they ought confequently to tafte the fame pleafures and to form the fame hopes; which cannot be expected but from a general frugality.

The

THESPIRIT
love of equality in ambition to the fole dcfire,

The

democracy,

limits

the fole

doing greater fervices to our reft of our fellow citizens. They cannot all render her equal fervices, but they ought all to ferve her with equal alacrity. At our coming into the world,

happinefs of country than the

we contract an immenfe debt to our country, which we can never difcharge. Hence diftincYions arife here from the principle of equality, even when it feems to be removed by
*

fignal fervices, or fuperior abilities. The love of frugality limits the defire of having to the attention requifitc for procuring neceflaries to

our family, and fuperfiuities to our country. Riches give a power which a citizen cannot ufe for him-

would be no longer equal. They which he ought not to en joy, becaufe thele would allb fubvert the equality.
klf, for then he

likewife procure pleafures

Thus

domeflic frugality,

well regulated democracies, by eftablifhing made way at the fame time tor

public expences, as was the cafe at

Rome

and Athens,

when munificence and

fund of frugality. have pure and unfpotted hands when we make our offerings to the Gods, the laws require a frugality of life to enable us to be liberal to our country. The good fenfe and happinefs of individuals de

profufion arofe from the very And as religion requires us to

pend greatly on the mediocrity of

fortunes.

their talents

Therefore

as a republic,

and where the laws

have placed many in a middling llation, is compofed of wile men, it will be wifely governed ; as it is compofed of happy men, it will be extremely happy.

CHAP.

OF LAWS.
CHAP.
In

6r

IV.
is

what manner

the

Love of Equality and Frugality

infpired.

TH
In

love of equality and of a frugal cecois

BOOK
,

nomy

greatly excited

gality themfelves, in virtues are eftublilhed

by equality and fru- c where both thefe focieties,

monarchies
at

by law. and defpotic governments,

;

no
as

body aims

equality

this

does not Ib

much

enter their thoughts i they all afpire to fuperiority. People of the very loweft condition defire to emerge

from
It

their obfcurity

only to lord

it

over their fellow

fubjects.
is it

the

love
thofe

we muft

fame with refpect to frugality. To It is not praftife and enjoy it.

enervated with pleafure, that are life , were this natural and com
the

who

are

fond of a frugal

mon, Alcibiades would never have been

ration of the univerie.

admi

Neither

is it

thofe

who envy

or admire the luxury of the great ; people that have prefent to their view none but rich men or

men

miferable like themfelves, deteft their miferable

condition, without loving or or point of mifery.

knowing the
that in

real

term

A
tues

true

maxim

it is

therefore,

order to
thele
vir

love equality and frugality

in a republic,

muft have been previoufly eilablimed bv law.

CHAP.

THE SPIRIT
CHAP.
In

V.
Equality in a

what manner

the

Laws

eftablijb

De

mocracy.

S A

ME

Romulus,

ancient legiflators, made an equal

as

Lycurgus and
of lands.

divifion

fettlement of this

kind can

never take place

when

but upon the foundation of a new republic ; or the old one is fo corrupt, and the minds

of the people fo difpofed, that the poor think themfelves obliged to demand, and the rich obliged to
confent
to,

remedy of

this nature.

If the legillator, in making a divifion of this kind, does not enact laws at the fame time to fupport it, he forms only a temporary conftitution ;

precluded done.

inequality will break in where the laws have not and the republic will be utterly un it,

Hence for the prefervation of this equality it is abfolutcly neceflary there mould be fome regulation in refpect to women s dowries, donations, fucceflions,

teftamentary

fettlements,

and

all

other

For were it once allowed forms of contracting. to difpofe of our property to whom and how we
pleafed,

the will of each individual

would difturb

the order of the fundamental law.

Solon, by permitting the Athenians upon failure

)

Plulife

of

iflue

b
(

to

leave their

eftates

to

whom
laws
continue

they

rch,

Solon.

ec pi ea f ]

acted
,,

contrary

to
,

the
,

ancient
to

by
.

which
)

the

eltates

were ordered
c
;

in

Ibid,

the family of the teftator

his
at

own

laws, for

and even contrary to ( ) by abolifhing debts he had aimed

equality.

The

O F L A
The law which

S.

prohibited people s having two * was inheritances extremely well adapted for a de- chap* It derived its mocracy. origin from the equal
diftribution
citizen.

BOOK
c

63

The

of lands and portions made to each law would not permit a fingle man

to pofTefs

From

more than a. fingle portion. the fame fource arofe thofe Jaws

by which

the next relation was ordered to marry the heirefs. This law was given to the Jews after the like diftri
bution.
divifion,

Plato

d
(

),

who grounds

his

laws on this

d
(
)

Repub-

the fame regulation, which had been received as a law by the Athenians.

made

At Athens

there was a law whofe

fpirit,

in

my

opinion, has not been hitherto rightly understood. It was lawful to marry a fifter only by the fa

but it was not permitted to marry a fide, This cuftom was ori by the fame venter -f. ginally owing to republics, whofe fpirit it was not to let two portions of land, and conlequently two A man inheritance*, devolve on the fame perfon.
ther
s

fifter

that

married
but

his

fifter

only by his
eftate,

father

fide,

could inherit but one

father
,

namely,

that of his

venter,

by marrying his fifter by the fame might happen that his filler s father having no male iflue, might leave her his eftate, and confequently the brother that married her,
it

might be
Little
1

poflefled of two. will avail it

to

object

what

Philo

PLilolaits of Corinth made a law at Athens that the number of the portions of land and that of inheritances fhould be always

the fame.

cap 12. This cuftom began in the earlirft of Sarah, fie is try fijitr, my father s fays but not my mother s. The fame reafons occasioned the daughter, eftablifhing the lame law among different nations.

Arift. Polit. lib. 2.

pr<rfat.

Cornelius Nepos in

times.

Thus Abraham

64.

THESPIRIT
c

BOOK
Chap

though the Athenians were allowed to marr y a fift er by tne Cher s fide and not by the mother s, yet the contrary practice prevailed among
tnat:

fa y S * 9

()Lib.io.

permitted to marry and not by the father s. For I find in Strabo ( c ) that at Sparta, whenever a woman married her brother (he had half his por
the Lacedaemonians,
filler

who were

by the mother

s fide,

tion for her dowry.

Plain

it is

that this fecond Jaw

was made in order to prevent the bad confequences of the firft. That the eftate belonging to the fifter*s family might not devolve on the brother s, they
gave half the brother
dowry.
neca
his
filler,
-)-,

eftate

to the filter for her

fpeaking of Silanus,
that the

who had

married

permiffion was limited In a mo at Athens, but general at Alexandria. narchical government there was very little concern
fays,

about any iuch thing as a divifion of Excellent was that law, which,
maintain
Plato

eftates.

in

order

to

this divifion

of lands

in a

democracy, or

(*)

ofth
kind,
3- teg-

who had feveral children, mould f upon one of them to inherit his portion ( ), and * ^ eave ^ ie otners to be adopted, to the end that the
dained that a father
pitch

lib.

number of

citizens

might always be kept upon an

\riflot.

lib. 2.

a very extraordinary method of rendering all fortunes equal, in a republic where there was the greateit inequality.

equality with that of the divifions. Phalcas of Chalcedon ( s ) contrived

This was,

that

the

rich

mould give

fortunes

with their daughters to the poor, but mould re and that the poor mould ceive none themfelves
,

Defpecialibus legibus

qua pertinent ad pnecepta

sllexandrwt
toiutr..

Decalogi.

f Atbcnis CLmdii.

diriiidium

licet t

Seneca de morfe

receive

O F L A
receive

S.

money

for their daughters, inftead

of giving
that a re-

BOOK
ch
.

65

them

fortunes.

But

do not remember

gulation of this kind ever took place in any repub It lays the citizens under fuch hard and odi lic.

ous conditions, as would make them deteft the very It is equality which they defigned to cftablim. proper fometimes that the laws mould not feem to
tend fo directly to the end they propofe. Though real equality be the very foul of a de

mocracy, yet it is fo difficult to eftablifh, that an extreme exactnefs in this refpecl: would not be al
fus *,

Sufficient it is to eftablifh a cenways convenient. which mould reduce or fix the differences to
:

a certain point
the duties laid

it is

afterwards the bufinefs of par

it

ticular laws to level as

upon

the rich,
It is

were the inequalities, by and by the eafe they

afford to the poor.

moderate riches alone that

;

can give or fuffer this fort of compenfations for as to men of over-grown eftates, every thing which

does not contribute to advance their power and ho nor, is confidered by them as an injury.

All inequality in a democracy ought to be de rived from the nature of the democracy, and even

from the

principle

of equality.

For example,

it

be apprehended that people live by their labour, would be too

may

who are obliged to much impoveriminfolent

,

ed by a public
ing
it
-,

office,

or neglect the duties attend

that artifans

would grow

and that

too great a number of freedmen would overpower the ancient citizens. In this cafe the equality of
* Solon made four clafles, the firft, of thofe who had nn in come of ;co minas either in corn or liquid fruits the fecor thofe who had 300, and were able to keep a horfe the third, of
;
;

thofe
their

who had
I.

only 200

the fourth, of

all

thofe

who

i;vc d

by

manual labour,

plut.

LifeofSolcn.

VOL,

the

66

THESPIRIT
tne citizens * in

BOOK
Chap 6

wnenever But then

lt it

w
is

a democracy may be fupprefled, ^ conduce to the utility of the ftate.

move
be

for a

man
this

only an apparent equality they re ruined by a public office would

reft

in a

worfe condition than the

of

his fellow

citizens,

being obliged to neglect his duty would reduce the other citizens to a worfe condition than himfelf, and fo on.

and

fame

man

CHAP.
In what manner the
in

VI.

Laws

ought to maintain Frugality

a Democracy.

ITthat

not fufficient in a well regulated democracy the divifions of land be equal ; they ought alfo to be fmall, as was cuftomary among the Ro
is
"

God forbid^ faid Curius to his foldiers -f% mans. thai a citizen fljould look upon that as a fmall piece of
is fufficient to fupport a man." the equality of fortunes fupports frugality, Thefe frugality fupports the equality of fortunes. things, though in themfelves different, are of fuch a

land,

which

As

is

nature as to be unable to fubfift feparately ; each the caufe and the effect , if one withdraws itfelf
it
is

from a democracy,
other.

furely

followed by the

True it is that when a democracy is founded on commerce, private people may acquire vaft riches
without a corruption of morals. This is becaufe the fpirit of commerce is naturally attended with
* Solon excludes from public employments
fourth
clafs.
all

thofe of the

f They
ders.

infifted

upon a larger

dirifien of the

conquered lands.

PlutarcV* moral works, Lives of the

anuem Kings and Comman

that

O F L A
that of frugality,

W
it

S.

67
B
*
rule.

ceconomy, moderation, labour,

and

prudence, tranquillity, order, as this fpirit fubfifts, the riches

As long

chap. 6.

bad

effect.

The

mifchief

is

produces have no when exceflive wealth

;

deftroys this fpirit of

commerce

then

it is

that ths

inconveniences of inequality begin to be felt. In order to fupport the fpirit of commerce,

it

fhould be carried on by the principal citizens , this fpirit alone ought to prevail without being crofied by another , all the laws mould encourage it ; and
thefe very laws, by dividing the eftates of indivi duals in proportion to the increafe of commerce, Ihould fet every poor citizen fo far at his eafc as

to

be able to work like

the reft,

and every rich

citizen in fuch a mediocrity as to be obliged to la bour either to preferve or to acquire his wealth.

an excellent law in a trading republic, to an equal divifion of the father s eftate among the children. The confequence of this is, that how
It
is

make

great foever a fortune the father has made, his children being not fo rich as he, are induced to

avoid luxury, and to follow the parent s induftrious example. I fpeak here only of trading repub lics, for as to thofc that have no commerce, the legiflator

mud purfue quite different meafures *. In Greece there were two forts of republics the
:

one military,
as Athens.
idle
;

like Sparta;

the other

commercir>]-

in the other

In one the citizens were obliged to heendeavours were ufed to infpire

labour.

them with the love of induftry and

Solon

made

idlenefs a crime,

and

infifted that

each citizen

ihould give an account of his manner of getting a

much

In thefe the portions or fortunes of limited.

women ought

to

be very

lively-

68

THESPIRIT
livelyhood.
to

BOOK
Chap
7

In fadl, in a well regulated democras

cv wnere people

what

is

necefTary,

expcnces ought to extend only every one ought to have as

;

much

as his neceflities require

?

for

how

could his

wants be otherwife fupplied

CHAP.
Other methods of favouring

VII.
the
principle

of

Democracy,

AN

ed

equal divifion of lands cannot be eftabliflv. in all democracies. There are fome cir-

cumftances

in which a regulation of this nature would be impracticable, dangerous, and even fub-

are not always verfive of the conftitution. If it appears that obliged to proceed to extremes. this divifion of lands, which was defigned to preferve the people s morals, does not fuit with the de

We

mocracy, recourfe
If a fixed

mud

be had to other methods.

body be

eftablifhed to ferve as a rule

fenate, to

and pattern of manners, a

tue,

which age,

vir

gravity,

and public
by

the fenators,

fervices gain admittance ; being expofed to public view like

the flatues of the Gods, muft naturally infpire fentiments that will transfufe themfelves into the bofom

of every family.

Above

all, this

fenate

muft

fteadily adhere to the

that the people and the magiftrates never fwerve from them. The prefervation of the ancient cuftoms is a very

ancient inflitutions, and

mind

confiderable point in

refpe<5t

to manners.

Since a

corrupt people
actions,

feldom

perform
focieties,

any memorable
build
cities,

feldom eftablifh
^

or

enact laws

on the contrary, fmce moft mftitutions

arc

O F L A
are derived

S.
fevere morals
is 3
;

69
K
-*.

from people of fimple or

the ancient

to recall

men to

maxims

generally re-

QUO.

calling thorn to virtue. Befides, if there happens to be any revolution, by which the flate has affumed a new form, this

feldom can be effected without infinite pains and labour, and hardly ever with idlenefs and a deprava Even thofe who have been the tion of manners.
inftruments of the revolution, are defirous
it

fhould

be

reliftied,

which

is

difficult to

compafs without

good

laws.

Therefore ancient inftitutions are ge

In nerally reformations, and modern ones abufes. the courfe of a long adminiftration the defcent to
vice
is

infenfible

but there
the

is

no re-afcending to

virtue without
It

generous efforts. has been queftioned whether the members of the fenate we are here fpeaking of, ought to be for

making

mod

life,

or chofen only for a time.

for
life,

Doubtlefs they

was the cuftom at Rome *, at Sparta and even at Athens. For we muft nor -f-, confound what was called the fenate at Athens,

ought to be

as

which was a body that changed every three months, with the Areopagus, whofe members, as perpetual
models, were eftablifhed for life. Let this be therefore a general maxim that in a fena:e defigned to be a rule, and the depofitary, as
:

it

were, of manners, the

:

members ought

to be chofen

for life

in a fenate defigned for the adminiftration

of
*

affairs,

the

members may be changed.

magiftrates there were annual, and the fenators for life. f Lycurgus, fays Xenophon de Repub. Lacederm. ordained, that the fenators fhould be chofen from amongft the old mer, to the

The

end that they fhould not be negleded in the decline of life ; thus by making them judges of the courage of young people he ren dered the old age of the former more honourable than the ftrength

and vigour of the

latter.

The

BOOK
Chap
.

yo

THESPIRIT
f ne
body.
fpirit, fays
7.

Ariftotle, waxes old as well as the This reflexion holds good only in regard to

a fingle magiftrate, but cannot be applied to a fenatorian aflembly.

At Athens, befide the Areopagus, there were guardians of the people s morals, and guardians of At Sparta all the old men were cenfors. the laws *. At Rome
ticular

the cenforfhip was committed to two par As the fenate watched over magiltratcs. the people, the cenfors were to have an eye over the

Their office was to reform people and the fenate. the corruptions of the republic, to ftigmatize indo
lence, to cenfure irregularities, and to correct faults ; and as for notorious crimes, thefe were left to the

punifhment of the laws. That Roman law, which required the accufations of adultery to be public, was admirably well calcu
lated for preferving the purity of morals midated married women, as well as thofe
;

it inti

who

were

to watch over their conduct.

Nothing contributes more

to the prefervation of

morals, than an extreme fubordination of the young Thus they are both reftrained, the for to the old.

mer by

age, and the themfelves.

the refpect they have for thofe of advanced latter by the refpect they have for

Nothing gives a greater force to the laws than a perfect fubordination between the citizens and the
The great difference which Lycurgus ejlamagiftrate. between Sparta and the other cities, fays Xenotlifljed
a

()RepubI

phon

),

confifts chiefly in
;

the obedience

the

citizens

acd

fo ew * c the laivs

they run y

when

the magiftrate calls

* Evert the Areopagus

itfelf

was

fubjcdl to their cenfure.

them.

O F L A
them.

S.
le highly dif-

71
B
chap.
K

But at Athens a

rich

man would

fkafcd) to be thought dependent on the magiftrate. Paternal authority is likewife of great ufe to

7,

wards the prefervation of morals.

We have

already

obferved,that in a republic there is not fo coercive a force as in other governments. The laws mud
therefore endeavour to fupply this deficiency by fome means or other j and this is done by paternal

authority.

Fathers at

Rome

had the power of

life

and death

over their children

*.

At

Sparta every father had

a right to correct another man s child. j Paternal authority ended at Rome together with
In monarchies where fuch a purity of morals is not required, they are controlled by no other authority than that of the magiftrates.
the republic.

The Roman
ple

laws which accuftomed

young peo

to dependance, eftablifhed a long minority. Perhaps we are miftaken in conforming to this cuf;

tom

there

is

ne

necefllty for fo

much

conflraim in

monarchies.
very fubordination in a republic might make neceflary for the father to continue in the polleiiion of his children s fortune during life, as was the

This

it

cuftom
fpirit

at

Rome.

But

this is

not agreeable to the

of monarchy.
fee in the
I

We may

Roman

hiftory,

how

ufeful this

power u

.is

to the republic.

mall give an inltance even in die time of

its

Aulus Fulvius was let out on his journey greateft corruption. in order to join Catiline ; his father called him back, and put him to Jearh. SalJull Je bdlo Catil.

CHAP.

72

THESPIRIT
CHAP.
VIII.

In what manner the Laws ought to It relative to the principle of Government in an Ariftocracy.
K

y
Chap.
8.

TF
lar

JL enjy ver y near

as a great

the people are virtuous in an ariftocracy, they the fame happinefs as in a popu

government, and the ftate grows powerful. But mare of virtue is a very rare thing where

as

men s fortunes are fo unequal, the laws muft tend much as poflible to infufe a fpirit of moderation,
and endeavour to re-eftablim that equality which was ncccfiarily removed by the conftitution.

The

fpirit

of moderation
;

is

an ariftocracy

it

fupplies the place

what we call virtue in of the fpirit of

equality in a popular ftate. As the pomp and fplendor with which kings are furrounded, form a part of their power, fo modefty
affect

and
no

fimplicity

of manners conftitute

the

ftrength of an ariftocrattc nobility *.

diftinction,
ple, drefs like

When

they

when they mix with the peo them, and with them fhare all their
.to

pleafures, the people are apt tion and weaknefs.

forget their fubjec-

An

Every government has ariftocracy muft not

its nature and principle. therefore afiume the na

ture and principle of monarchy ; which would be the nobles to be inverted with perfonal and particular privileges diftinct from thofc

the cafe, were

In our days the Venetians, who in many refpe&s may be faid to have a very wife government, decided a difpute between a noble Venetian and a gentleman of Terra firma in refpeft to precedency in a church, by declaring that out of Venice a noble Venetian, had no pre-eminence over any other citizen.

Of

O F L A
of
their

S.
fe-

privileges ought to be for the nate, and fimple refpeft for the fenators.

body

BOOK

73

cipal fources

In ariftocratical governments there are two prin of diforder excefllve inequality be

:

tween the governors and the governed ; and the fame inequality between the different members of

From thefe two inequa the body lhat governs. lities, hatreds and jealoufies arife, which the laws
ought always
to prevent or reprefs.

inequality is chiefly, when the privileges of the nobility are honorable only as they are igno

The

firft

minious to the people.

Such was the law

at

Rome

by which the
Plebeians *
,

were forbidden to marry a law that had no other effecT: than to

Patricians

render the Patricians on the one fide more haughty, and on the other more odious -J-.

This inequality occurs likewife when the condi tion of the citizens differs with regard to taxes

which may happen four

ways , when the nobles aflume the privilege of paying none ; when they commit frauds to exempt themfelves J when
different
,

they engrofs the taxes to themfelves under pretence of rewards or appointments for their refpective em

ployments

in fine,

when they render

the

com

mon
fidies.

people

tributary,

own body

the profits
laft cafe

and divide among their arifmg from the feveral fub

is

This

very rare

fo inftituted

would be the mofl

an ariftocracy ; intolerable of all

governments.
*
It

was

inferted

by

the

Decemvirs

in the

two

laft tables.

See

Dionyf. Halicarn.

1.

10.

f
{

ft is

eafy to fee the advantages the tribunes

drew from
prejudicial

thence in their fpeeches.

As

in

Come

arillocracies in

Italy

nothung

is

more

to the

government.

While

BOOK
Chap
s.

74

THESPIRIT
While
av ided

Rome

inclined towards

ariftocracy,

flic

all

thefe inconveniences.

The

magiftrates

The
reft,

never received any emoluments from their office. chief men of the republic were taxed like the

nay heavier, and fometimes the taxes fell In fine, far from alone. fharing among themfelves the revenues of the ftaie, all they could draw from the public trcafure, and all the

upon them

wealth that fortune flung in their way, they beftowed freely on the people, to be excufed from accepting the honors which the latter wanted to
confer *.
It is a fundamental maxim, that as pernicious as the effects of largefies are to the people in a demo cracy, lo falutary are they in an ahftocratical go

vernment.

The former make them

them

citizens, the latter bring

forget they arc to a fenfe of it.

If the revenues of the ftate are not diftributed

among
of
their

the people, they muft be convinced at lead being well adminiftered to feaft their eyes
:

with the public treafure is with them the fame thing almoft as enjoying it. The golden chain difplayed at Venice, the riches exhibited at Rome in public

triumphs, the treafures preferved in the temple of Saturn, were in reality the riches of the people. It is a very eflential point in an ariftocracy, that the nobles themfelves mould not levy the taxes.

The

firft

order of the ftate in

it
;

Rome

never con

cerned themfelves with

the levying of taxes was

committed to the fecond, and even this in procefs of time was attended with great inconveniences. In an ariftocracy of this kind, where the nobles
*

See

in

Strabo,

1.

14. in

what manner tbe-Rfcccians

beha-,

-n thi? rcfpecl.

levied

OF LAWS.
levied the taxes, the private people would be all at the difcretion of thofe who were in public employmerits , and there would be no fuch thing as a fu-

BOOK

75

perior tribunal to check their power. bers appointed to remove the abufes,

The mem
would rather

enjoy them.
eftates they

The
pleafe.

nobles would be like the princes

of defpotic governments,

who

confifcate whatever

Soon would

the profits

hence arifing be confi-

dered as a patrimony, which avarice would enThe farms would be lowered, Jarge at pleafure.

This and the public revenues reduced to nothing. the reafon that fome governments, without having ever received any remarkable mock, have dwindled
is

to fuch a degree, as not only their neighbours, but even their own fubjeds have been furprized

away
at
it.

The
credit

laws

mould
:

likewife forbid

the nobles

all

kind of commerce

merchants ot fuch unbounded

all

would monopolize
is
;

to themfelves.

Com

merce

a profefiion of people

who

are

upon an

equality
to trade.

hence

among

ferable are thofe in

defpotic dates the moft miwhich the prince applies himfelf

The laws of Venice * debar the nobles from commerce, by which they might even innocently
acquire exorbitant wealth. The laws ought to employ the moft effectual
for making the nobles do juftice to the peo If they have not eftablifhed a tribune, they ought to be a tribune themfelves.
*

means

ple.

The
tn.at

Amelet de laNeuffayet of the government of Venice, part 3. Claudifin law forbad the fenators to have any fhip at k held above forty bufhels. Liv. 1. 21.

Every

76

THE SPIRIT
Every fort of afylum in oppofitlon to the execu^ on * *ke aws deftroys ariftocracy, and is foon
^

BOOK
Chap 8

fucceeded by tyranny.

They ought always

mineering.

There fhould be

to mortify the pride of do either a temporary or

perpetual magiftrate to keep the nobles in awe, as the Ephori at Sparta, and the ftate Inquificors at

Venice, magiftrates that are fubject to no forma This fort of government Hands in need of lities.
the ftrongeft fprings
to every
:

thus

mouth of

ftone *

is

informer at Venice, a mouth to open which one would be apt to give the appellation of that of tyranny.

Thefe tyrannical magiftrates

in

an ariftocracy

bear fome analogy to the cenforfhip of democracies, which of its own nature is equally independent. In
fact, the cenfors

in

ought to be fubject to no inquiry conduct during their office ; they mould meet with a thorough confidence, and
relation to
their

never be difcouraged.

In this refpect the practice

;

of the of
all

Romans

deferved admiration

magiftrates

denominations were accountable for their

are

adminiftration f, except the cenfors J.

There
tocracy
it
;

either excefs

two very pernicious things of poverty, or

in

an ari-

excefs

of

wealth, in the nobility.

is

To

prevent their poverty,

to

pay

necefiary, above all things, to oblige them their debts in time. moderate the excefs

To

* The informers throw

their fcrolls into it

See Livy, 1. 49. A ccnfor could not be troubled even by a cenfor, each made his remark without taking the opinion of his was in collegue ; and when it otherwife happened, the cenfor/hip a manner abolilhed. I At Athens the Logift*, who made all the magiftrates account

able for their conduct, gave no account themfelve*.

of

O F L A

S.

77
K
3

B of wealth, prudent and infenfible regulations fhould be made; but no confifcations, no agrarian laws, Ch no expunging of debts, thefe are things that are productive of infinite mifchief. The laws ought to abolilh the right of primo the end that by a geniture among the nobles *, to

continual divifion of the inheritances their fortunes may be always upon a level.

There mould be no fubftitutions, no powers of demption, no rights of Majorafgo, or adoption. The contrivances for perpetuating the grandeur of
families in monarchical governments,

ought never

to be

employed

in

-f-

ariftocracies.

families, the next thing they

After the laws have compafied the equality of have to do, is to prea proper

ferve

harmony and union amongft them.

quarrels of the nobility ought to be quickly decided , otherwife the contefts of individuals be

The

come

thofe of families.

Arbiters

may

terminate,

or even prevent the rife of difputes. In fine, the laws muft not favour the diftinctions
raifed by vanity among families, under pretence that they are more noble or ancient ; pretences of this nature ought to be ranked among the weaknefTes

there

our eyes on Sparta ; the Ephori contrived to check the foibles of the kings, as well as thofe of

We

of private perfons. have only to caft

we may

fee

how

the nobility and of the

*
31It is

common

people.
la HouJJaye t p. 30,

fo

pra&ifed at Venice, Amclot de

&

defign of fome ariftocracies Teems to be lefs the fupport of the ftate than of what they call their nobility.

f The main

CHAP.

78

THESPIRIT
CHAP.
In what manner the

IX.
to

Laws

are relative

their

Principle in Monarchies.
*

V
Chap.
9.

^ honor is the principle of a monarchical ./ jL government, the laws ought to be relative to this principle. They mould endeavour to fupport the nobility,

/V

in refpec~l to

whom

honor may be,

in

fome meafure,

deemed both

child and parent.

They fhould render the nobility hereditary, not as a boundary between the power of the prince and the weaknefs of the people, but as the bond and
conjunction of both. In this government, fubflitutions which prefervc the eftates of families undivided, are extremely ufeful, though in others not fo proper.

Here
alienated

the

power of redemption

is

of

fervice, as

it

reftores to noble families

the lands that had been

by the prodigality of a parent. lands of the nobility ought to have privi The monarch s dig leges as well as their perfons. nity is infeparable from that of his kingdom , and

The

the dignity of the nobleman from that of his fief. All thefe privileges mud be particular to the

and incommunicable to the people, unintend to aft contrary to the principle of government, and to diminifh the pcwer of the
nobility,
Jefs

we

nobles together with that of the people. Subftitutions are a reftraint to commerce

-,

the

power of redemption produces an

of procefles
;

infinite

number
is

every eftate in
is,

land

that

fold

throughout the kingdom,

in

fome meafure, with

out

O F L A

S.
3

79
p
*
9.
chap."

out an owner for the fpace of a year. Privileges annexed to fiefs give a power that is very burthenfome to thofe governments which tolerate them.

Thefe are the inconveniences of nobility, incon veniences however that vanifh when confronted with the general utility which refults from it but
:

when
to

thefe privileges are

communicated
is

ple, every principle of

government

peo broke through

to the

no manner of purpofe. In monarchies a perfon may leave the bulk of his eftate to one of his children ; a permifiion improper
in

The

any other government. laws *ught to favour

all

kind of commerce*

confident with the conftitution of this government, to the end that the fubjecls may, without ruining
themfelves, be able to fatisfy the continual cravings

of the prince and

his court.

They mould

eftablifh

fome

fixed regulation, that

the manner of collecting the taxes may not be burthenfome than the taxes themfelves.

more

The
rinefs,

and wearinefs the

weight of duties produces labor, labor weaof indolence. fpirit

CHAP.
Of
Monarchies.

X.
Power
in

the Expedition peculiar to the executive

is

GREAT
chical
is

the advantage which a

monar
:

the ftate
* It
law.
fcnfe.

government has over a republic as conducted by a fmgle psrfon, the exe-

is

Cod.

tolerated only in the common people. See the third dt Comm. Mmaforib.ts, \vhich is full of good

&

cutive

So
B
Chap!
10*

T H E
cutive power
is

thereby enabled to act with greater

But as this expedition may degene expedition. rate into rapidity, the laws fhould ufe fome con
trivance to flacken it. They ought not only to favour the nature of each conftitution, but likewife
to

remedy the abufes

that

might

refult

from

this

a (

)Tef-

very nature. Cardinal Richelieu

K
*

(*)

advifes

mit no fuch thing

raife

as fccieties or

monarchs to percommunities that

If
this

difficulties

upon every
thefe

trifle.

man

heart had not been bewitched with the love of defpotic

power,
filled his

ftill

arbitrary

notions would

have

head.

The

laws, are never

bodies intruded with the depofitum of the more obedient than when they pro

affairs

ceed flowly, and ufe that reflection in the prince s which can fcarcely be expected from the ig

norance of the laws which prevails in a court, or from the precipitation of its councils *. What would have become of the fined monarchy
in the world, if the magiftrates, by their delays, by their complaints, by their prayers, had not flopped

the
thefe

rapidity even

of

their

princes

virtues,

when

monarchs confulting only the generous impulfe of great minds, wanted to give a boundlefs reward to lervices performed with a boundlefs cou
rage and
fidelity
?

C
Of
the Excel*

II

P.

XI.

a monarchical Government.
has"

O NA R C H Y
over
*
cit.

a great advantage As it naa defpotic government.

-His, jlatirn exe$ui regiurr.
r.

Barbar.
Annal.
1.

Ta

5.

turally

O F L A

S.

81

K B rurally requires there fliould be feveral orders beto the conftitution under the prince, longing thechap. n. ftate is more fixed, the conftitution more fteady,

and the perfon of him that governs more

Cicero
a (

fecure.
3.

of opinion, that the eftablifhing of (a) Lib. the tribunes was the prefervation of the republic. de Le S)

is

cc

cc
It
<c

is

In fa ft) fays he, the violence of a headlefs people more terrible. chief or head is fenfible that

<c

the affair depends upon himfelf^ and therefore be but the people in their impetuofity are igthinks norant of the danger into which they hurry them-,

fpotic

may be applied to a dewhich is a people without tri government, bunes ; and to a monarchy, where the people have fome fort of tribunes.
<c

fehes"

This

reflection

In

fact,

it is

obfervable, that in the

commotions

of a defpotic government, the people hurried away by their paffions, pulh things always as far as they can go. The diforders they commit are
all

extreme

whereas in monarchies things are

to excefs.

fel

dom

carried

The

chiefs are afraid

on

their own account, they are afraid of being aban doned ; and the intermediate dependent powers * do not chufe that the people mould have too much

the upper hand. of the kingdom

will nor

It rarely happens that the flates are intirely corrupted. The prince

adheres to thefe, and the feditious who have neither hopes to fubvert the government, have

neither power nor will to dethrone the prince. In thefe circumftances men of prudence and au
thority interfere
;

moderate meafures are

firft

pro-

pofed, then complied with,

and things
2.

at length

* See

the

firft

note of book

ch. 4,

VOL.

are

82

THESPIRIT
are redreffed
-,

BOOK
Chap.
11.

the laws relume

their vigour,

and

command fubmiflion. Thus all our hiilories

are full of civil wars with

out revolutions, while the hiilories of defpotic go vernments abound with revolutions without civil
wars.

The

writers of the hiflory of the civil wars of

fome countries, even they who fomented them,

fufficiently

demonstrate

how

little

reafon princes

have

which they inveft fmce particular bodies of men tor their fervice even under the unhappy circumftance of their er rors, they Ikhed only after the laws and their du
to fufpecl: the authority with
;

ty
(*)

Me7;

<k

Ret/!

and reltr.iincd, r.iorc than they were capable of , inflaming, etuofityoi the revolted (**). Cardinal Richelieu, reflecting perhaps that he had mi; to ot the kingdom, has c ^c fti tes
th<
-

and other recourfe to the virtues of the prince and of his mibut nifters for the fupj .rt (* ot the government
j

i.

olit.

he requires fu main chings, that indeed there is none but an angel capable of iuch attention, of fuch light,

of fuch refolution, and knowledge

ourielves ever to fee fuch a prince minilters, no not while monarchy fubfifts.
flatter

we

and fcarce can and

As

people

who

live

are happier than thole

who
,

under a good government, without rule or leaders

\vanc!ci about the forefts fo monarchs who live under the fundamental laws of their country, are far happier than defpotic princes, who have nothing

to regulate either their

own

or their fubje&s hearts.

HA

P.

O F L A

S.

BOOK

83

CHAP.
The fame fubjetl

XII.
continued.

Cteplu.
1
3>

4-

T us not look for magnanimity in defpotic the prince cannot impart a governments grandeur which he has not himfeif with him there is no fuch thing as glory. It is in monarchies we fee the fubjecls around the there prince, receiving the influence of his beams

LE
is

it

that each
is

perfon filling, as

it

were, a larger

fpace,

adorn the foul,

grandeur.

capable of exercifmg thofe virtues which not with independence, but with

CHAP.
An
idea

XIII.

cf defpotic

WHEN
firous

of

the favages of Louifiana are defruit, they cut the tree to the
fruit
d
(

root,

and gather the

).

This

is

an

emblem

4
(
)

EditV-

of defpotic government.

in

CHAP.
In

315.

XIV.
the Prin

what manner
ciples

the Laivs are relative to

of defpotic Government.

TH
new

E
,

fear

principle of defpotic government is but a timid, ignorant, and faint-

fpirited people

have no occafion for a great

to

num

ber of laws.

Every thing ought

three ideas
,

therefore there

depend here on two or is no neceffity that any

notions

break a horfe,

mould be added. When we want to we take care not to let him change

his

84

THESPIRIT
h; s matter,
his leflbn,

BOOK

or his pace.

Thus an im-

is made on his brain Chap. 14. prefTion tions, and no more.

by two or three

mo

If a prince is fhut up in a feraglio, he cannot leave this voluptuous abode without alarming thofe

who keep him

his perfon

confined.

They cannot

bear that

He

and power mould pafs into other hands. feldom therefore wages war in perfon, and

hardly ventures to intruil the

generals.

command

to

his

A
ance

prince of this (lamp, unaccuftomed to

in his palace,
is

refift-

by armed force , wrath or vengeance.

Befides,

enraged to fee his will oppofed hence he is generally governed by

have no notion of true glory. on under fuch a govern

he can
is

War
ment

therefore
in
its

carried

full

natural fury,

and a

lefs

extent

is

given to the law of nations than

in other ftates.

Such a prince has fo many imperfections, that they are afraid to expofe his natural ftupidity to public view. He is concealed in his palace, and the
his fituation. It is lucky for him, that the inhabitants of thofe countries need only the name of a prince to govern them. When Charles XII. was at Bender, he met with

people are ignorant of

fome oppofition from the fenate of Sweden , upon which he wrote word home that he would fend one This boot would of his boots to command them.
have governed like a defpotic prince.
If the prince is a prifoner, he is fuppofed to be The treaties dead, and another mounts the throne. made by the prifoner are void, his fucceflbr will not ratify them in effect, as he is the law, the Hate,
:

and the prince

when he

is

no longer a prince, he
is

O F L A
is

S.

85
K

nothing

were he not therefore deemed to be B

the

dead, the flate

would be fubverted. One thing which chiefly determined

Chap.*i 4 .

Turks

to conclude a feparate peace with Peter I. was the Mufcovites telling the Vizir, that in Sweden ano

ther prince

had been

fct

upon the throne

is

).

The

prefervation of the ftate

r
i

only the preferi

() Contiu lon of
ruffen-

vation oi the prmce, or rather of the palace where dorPs inhe is confined. Whatever does not directly menace woduftion

makes no imprefiion on [* Qf and as for Europe ignorant, proud, and prejudiced minds
this palace or the capital,
;

in

the concatenation of events, they are unable to tlle art trace, to forefee, or even to conceive it. Politics, den, ch. with its feveral fprings and laws, muft here be very I0

much limited; the political as the civil *.

government

is

as fimple

The whole
and
civil

is reduced to reconciling t ie political adminiftration with the domeitic govern

ment, the

officers
is

of

ftate

happieft, when felf as the only one in the world,

a ftate

Such

with thofe of the feraglio. it can look upon it-

when

it is

environed

with deferts, and feparated from thofe people whom Since it cannot depend on they call Barbarians.
the militia,
itfelf.
it

is

proper

it

mould

deftroy a part of

As
its

fear
is

is

the principle of defpotic

:

government,
cannot

tranquillity be called a peace ; no,

end

but
it is

this tranquillity

only the filence of thofe

is ready to invade. Since the ftrength does not lie in the ftate, but in the army that founded it , in order to defend the

towns which the enemy

(late,

the

army muft be
Sir

preferved,
is

how formidable
no council of
ftate in

According to

John Chardin there

Perfia.

foever

S6
*

THESPIRIT
foever to the prince. then tne fecurity of the government,

How

can we reconcile
with that of the

^aap. 14.

prince

perfon

Obferve how induftrioufly the Ruffian govern ment endeavours to temper its arbitrary power, which it finds more burthenfome than the
themfelves.

They have broke

their

great

people bodies

of troops, mitigated criminal punifhments, erected tribunals, entered into a knowledge of the laws, and mftructcd the people. But there are particular
caufes that will probably oblige them to return to the very milery which they now endeavour to avoid.

In chofc

flates religion
elfr
-,

has

more

influence than
fear.

any where

it

is it

a fear
is

added to

In

Ma

partly from their religion that the people derive the furprizing veneration they

hometan countries

have

for their prince.

religion that amends, in fome meafure, the The fubjects who have no Turkifh conilitution. attachment of honor to the glory and grandeur of
It is

the ftate, are attached to

ciple of religion.

it

by the force and prin

is

Of

all

dcfpotic governments, there

none that

weight, than that wherein the prince declares himfelf proprietor of

its

labours

more

under

own

all

the lands, and heir to

all

his fubjects.
,

Hence

the neglect of agriculture ariies

intermeddles likewile
try
"

in trade, all

the prince manner of induiif

and

is

ruined.
this fort
f

Under
or
,

improved ( ). ^ bute of the Ot- cefilty ot habitation

of government nothing is repaired Houies are built only for the neJ there is no luch thing as dig,

p.

i^6/

ing of ditches, or planting of trees ; every thing *s drawn from, but nothing reflored to the earth j

d*

O F L A
the land
lies

S.

87
B
K

unfilled,

and the whole country be-

comes
Is
it

a deferr.
to be

Chap. 14.

imagined that the laws which abolifh the property of land, and the fucceffion of eftates, will diminifh the avarice and cupidity of the great ? By no means. They will rather flimulate this cu
pidity and avarice. The great men will be prompt ed to ufe a thoufand opprefTive methods, imagining have no other property than the gold and fil-

they ver which they are able to feize upon by violence or

to conceal.

To

prevent therefore the utter ruin of the

ftate,

the avidity of the prince ought to be moderated by fome eflablifhed cuftom. Thus in Turky the prince
is

fatisfied

value of inheritances
eft

with the right of three per cent, on the E But as he gives the great( ).

c
(

)Seecon-

part of the lands to his foldiery, and difpoles of ^"inSrithem as he pleafes, as he feizes on all the eftates of tances of
the officers of the empire at rheir deceafe, as he has theTurks,
the property of the eftates of thofe who die without an dmoder* ifiue, and the daughters have only the ufufruft, it Sparta.

or the country are pollened -m

thence follows that the areateft part of the eftates Ricaut n C u rr?-r J a precarious man- the Ottoman Em-

alfo

* By the laws of Bantam the king feizes on the whole inheritance, even wife, children, and habita

tion.

law,
eight,

they

In order to elude the cruelleft part of this are obliged to marry their children at
nine,

or ten

years

of age, and ibmetimes

younger, to the end that they may not be a wretched part of the father s fucceffion.
* Collection of voyages that contributed to the eftablifhment of the Eaft- India company, torn, i. The law of Pegu is left ; if there happens to be children, the king fucceeds only to
<*uel

two

thirds.

Jbid. torn. 3. p. i.

In

THE SPIRIT
B
o^o
K

Chan

14

countries where there are no fundamental laws, tne fuccefiion to the empire cannot be fixed. The
jn
is then elective, and the right of electing is in the prince, who names a fucceflbr either of his own In vain would it be to or of fonae other family.

crown

eftablifh

here the fucceflion of the eldeft fon

the
is

prince might always chufe another. declared by the prince himfelf, or

The
by a

fucceflbr
civil

war.

Hence
liable

As

a defpotic {late is, upon another account, more than a monarchical government to diflblution. every prince of the royal family is held equally

capable of being chofen, hence it follows that the prince who afcends the throne, flrangles immediate
ly his brothers, as

as in Perfia;

or bereaves

inTurky or puts out their eyes, them of their underftand;

>

or if thefe precau ing, as in the Mogul s country tions are not ufed, as in Morocco, the vacancy of the

throne
h

is

always attended with a horrid

h
(
)

civil

war.

)Seethe

By
chufe
^

the conititutions of Ruflla

the

Czar may

ons, efpecialiv that

"

who he has a mind own or of a ftrange

for his fucceiTor, whether

family.

Such a fettlement

produces a thoufand revolutions, and renders the throne as tottering as the fucceflion is arbitrary.

The
which
the beft

are

right of fucceflion being one of thofe things of moft importance to the people to know ;
is

that

which moft

fenfibly ftrikes

them, fuch

as a certain order of birth.

A fettlement of this
and
flifles

kind puts a ftop to intrigues,

the
is

ambition

mind of
he

weak prince

is

no longer
as he
is

inflaved, nor

made

to (peak his will

is eflablifhed by a funda mental law, only one prince is the fucceflbr, and his brothers have neither a real nor apparent right to

When

juft expiring. the fucceflion

difpute

O F L A

S.

89

crown with him. They can neither predifpute the tend to, nor take any advantage of the will of a father. There is then no more occafion to confine or
kill the

BOOK
rhao"

king

brother than any other fubject.

governments, where the prince s brothers are equally his flaves and his rivals, pru dence requires that their peribns be fecured ; efpein Mahometan countries where religion confi-

But

in defpotic

cially

ders victory or iuccefs as a divine decifion in their favour; fo that they have no fuch thing as a monarch
de jure, but only de fafto. There is far a greater incentive to ambition in

countries where the princes of the blood are fenfible that if they do not afccnd the throne they mull be
either imprifoned or put to death, than amongtl us, where they are placed in fuch a ilation, as may fatisfy,
if

not their ambition, at

leaft their

moderate

defires.

The princes of defpotic governments have always They generally take perverted the ufe of marriage. a great many wives, efpecially in that part of the
world where abfolute power
turalized,
is

in

namely

Afia.

Hence they come

fome meafure na to have

fuch a multitude of children, that they can hardly have any great affection for them, nor the children
for

one another.
reigning family refembles the (late \ it is too and its head too powerful it feems very
,

The
weak

itfelf,

numerous and
Artaxerxes
b
( )

extenfive,

put

all

fuddenly extinct. his children to death for conis

and yet

(t)

See

It is not at all probable that fpiring againft him, fliould confpire againft their father, fifty children and much lefs that this confpiracy mould be owing

to his having refufed to refign his concubine to his

elded

9o

THESPIRIT
elded Ton.
It
is

BOOK
Cha
14.

more

natural to believe that the

&

15.

whole was an intrigue of thole oriental feraglios, where artifice, treachery, and deceit reign in filence, where an old prince, involved in thick obicurity
;

grown every day more

infirm,

is

the

firft

prifoner of

the palace. Alter what has been faid, one would imagine that human nature mould perpetually oppofe a defpotic

government. But notwithftanding the love of mankind, notwithilanding their innate deteftation of force and violence, moft nati
liberty, fo natural to

ons are fubjecl to this very government. This is ifilv accounted for. In order to form a moderate
*

government,
}

it

is

necefTary to

owers, to rule, temper, and

fet

combine the feveral them in motion,

to give, as it were, ballaft to one in order to en This is a mafter-piece of able it to refill another.
I

^illation,

rarely

produced by hazard, and feldom

attained by prudence.

On
as
,

the contrary, a defpotic

it

government offers
is

itfelf,

were, at

firft

fightj

it

uniform throughout
eftablifh
it,

and
this
is

as pafiions

only are

requifite to

what every capacity

may
"

reach.

CHAP.
The fame fubjett

XV.
continued.

warm

climates, where defpotic

power generally

as well as prevails, there is an earlier fenfibility, e Sec the an earlier extinction of the paffions ( ) j the underbook are in lefs of is fooner ,
of"

IN

(landing

ripened

they

danger

"

the nature

there is lefs facility fquandering away their fortunes ; in diftinguifhing themfelves in the world ^ lefs com-

cf the chpiate.

munu:a t lon between young people, who

are eonfcned

at

O F L A
at

S.

they marry much earlier, and confequently they may be fooner of age than in our European chap.* g ) climates. In Turky they are of age at fifteen ( E ).

home

BOOK
i

91

c.

there is no fuch thing as a cefllon of goods; government where there is no fixed property, modem people depend rather on the perfon than on his

Here

in a

eftate.

The cefTion of goods is naturally admitted in mo derate governments *, but efpecially in republics, becaufe of the greater confidence which arifes from
the probity of the citizens, and becaufe of the lenity and moderation that a form of government, which every one feems to have framed for himfelf, ought
to infpire. Had the legiflators of the Roman republic eftablifhed the cefTion of goods f, they never would

have been expofed to

difcords, nor

fo

many

feditions

and

civil

would they have experienced the dan

or the inconveniency of the
re

ger of the medies.

evils,

Poverty, and the precarioufnefs of property in a defpotic ftate, render ufury natural, each perfon raifing the value of his money in proportion to the dan

ger he
in

fees
all

in

lending

it.

Milery therefore pours

parts into thofe unhappy countries \ they are bereft of every thing, even of the refourcc

from

of borrowing.

Hence it is that a merchant under this govern ment is unable to carry on a great trade , he lives
*

The fame may

\vas

be faid of competitions in regard to

till

fair

bank

rupts.

f There

no fuch eftabliihment made

the Julian law,

J)e cejjlone bonerum ; which preferred them from prifon, and from an ignominious divifion of their goods.
-r

from

92
B

THESPIRIT
K
i

oo

Chap.

were he to encumber him; with a large quantity of merchandifes, he would lofe more by the exorbitant intereft he mufl give for money, than he could pofllbly get by the goods.
felf

from fond to mouth

Wherefore there merce they are

,

are
all

no laws here relating to com reduced to what is called the

civil polity.

government cannot be unjuft without having

its injuftice.

hands to exercife

Now

it is

impoflible

but thefe hands will be grafping for themfelves. The embezzling of the public money is therefore
natural in defpotic Hates. As this is a common crime under this govern ment, confifcations are very ufeful. By thefe the

people are eafed

the

money drawn by
:

this

means

being a confiderable tribute which could hardly be raifed on theexhaufted fubjects neither is there in
thofe countries any one family which the prince would be glad to preferve.
is quite a different render property un certain, would ftrip innocent children, would deftroy a whole family inftead of punifhing a fingle
it

thing.

In moderate governments Confifcations would

criminal.

the

In republics they would be attended with mifchief of fubverting equality, which is the

h
(

Au-

very foul of this government, by depriving a citi zen of his neceflary fubfiftence. h * confifcations There is a Roman law
( )

againfl

thentica

fla^runT
Cod.
tea.
<te

except in the cafe of Crimea majtftatis^ or high treaft heinOUS nature Jt W0uld be a f the f n

prudent thing to follow the fpirit of this law, and damn. ]fcations to particular crimes. In counto \^ m \ t conr
*

They feem

to

have been too

fond,

of confifcations in the re*

tries

public of Athens.

OF LAWS.
tries

where a local cuftom has rendered real eftates alienable, Bodin very juftly obferves that confifca5

BOOK
chap.*i6.

93

tions fhould extend only to fuch as are purchafed or

acquired

( ).

^ Book 5*

CHAP.

XVI.
Power.

ch 3 *

Of

the Communication of

INnicated
The

a defpotic government the power is commu intire to the perfon entrufted with it.
is
is

vizir himfelf

particular officer

the defpotic prince , and each the vizir. In monarchies the

;

power is lefs immediately applied by the monarch as he gives it*.

a diftribution of his authority, as
nicate a part of to himfelf.
it,

being tempered

He makes fuch never to commu

without referving a greater fhare

Hence

in

towns are not

monarchies the particular governors of fo dependent on the governor of the

province, as not to be dill more fo on the prince \ and the private officers of military bodies are not fo
far fubject

to

their general,

as not to

owe

ftill

greater fubjection to their fovereign. In moil monarchies it has been wifely regulated, that thofe who have an extenfive command, mould

not belong to any military body , fo that as they have no authority but through the prince s parti cular pleafure, and as they may be employed or
not, they are in fome meafure in fome meafure out of it.
in

the fervice, and

This

is

For

if thofe

incompatible with a defpotic government. who are not actually employed, were
titles,

neverthelefs invefted with privileges and

* Ut
efle

the

Phcebi dulcius lumen folet

cadentis
<

Jamjam

con-

94 BOOK
Chap 16

THESPIRIT
confequence muft be that there would be a kind of men * n c ^ e ft ate w ^ m ig nt be faid to be great of
>

themfelves

a thing dire&ly oppofite to the nature

of

government. the governor of a town independent of the bafhaw, expedients would be daily necefTary to

this

Were

make them
fpotic

agree

which

is

highly abfurd
a

in a

de-

ftate.

Befides,

if

might

refufe to obey,

how

particular governor could the other anfwer

?

for his province with his head

In this kind of government authority muft ever be wavering ; nor is that of the loweft magiflrate Un lefs fteady than that of the defpotic prince.

der moderate governments, the law

all its parts,
is

is

prudent in

perfectly well known, and even the But pettieft magiftrates are capable of following it. in a defpotic Mate, where the prince s will is the

law, though the prince were wife, yet the magiflrate follow a will he does not

how could know ? He

muft

certainly follow his own. as the law is only the prince s will, and as the prince can only will what he knows, it fol

Again,

lows that there are an

infinite

number of people who

his.

muft make
it is

their wills

keep pace with

the

In fine, as the law

prince,

is

momentary

will

of the

mould

neceffary that thofe who will for him, follow his fubitaneous manner of willing.

II

P.

\V!I.

Of
is

Prefents.

a received cuftom

never IT

in defpotic countries, to addrefs any fuperior whomfoever, not

them a preexcepting their kings, without making

fent.

O F L A
fent.

S.

95

The Mogul

of his fubjects, if k Thefe princes fpoil even their own favours. )Colleo n But thus it mud ever be in a government where y a es no man is a citizen ; in a government where they that conhave all a notion that a fuperior is under no obli- Abated to the cltac gation to an inferior ; in a government where men bliihment bound by no other tie than the of the J imagine themfelves J LT T chaftiiements inflicted by one party over another ; f j j company. in a government, in fine, where there is very little Tom. i. to do, and where the people have feldom an occa- P- 8o
(
. .

K never receives the petitions B ( ) they come with empty hands, chap. 17.
k

\-j

il

fion of prefenting themfelves before the great, of offering their petitions, and much lefs their complaints.

In a republic prefents are odious, becaufe virtue {lands in no need of them. In monarchies honor is

much

ftronger incentive than prefents.

But

in

a defpotic government, where there is neither ho nor nor virtue, people cannot be determined to

hope of the conveniencies of life. conformity to republican ideas, that Plato ordered thofe who received prefents for doing their duty, to be punimed with death. They muft
act but through
It is in

not take prefents,

evil aftions.

fays he,

neither for good nor for

A very bad law that was among the Romans^), m which gave the magift rates leave to accept of fmall ^ prefents *, provided they did not exceed one hun dred crowns the whole year. They who receive
(

Leg.
a e
r

5.

nothing expect nothing , they who receive a lit tle, foon defire a little more, till at length their defires fwell to an exorbitant height. Befides, it
is

much

eafier to convict a
*

man, who knows himfelf

Munufcula.

96

THESPIRIT
18.

BOOK
\
I

Chap.

fe ]f obliged to accept of no prefent at all, and yet w Accept of fomething, than a perfon who takes more when he ought to take lefs, and who always
^"^

tification

finds pretexts, excufes, and plaufible reafons in jufof his conduct.

CHAP.
Of Rewards

XVIII.

conferred by the Sovereign.

IN
is

defpotic governments, where, as we have already obferved, the principal motive of action the hope of the conveniencies of life, the prince

who

confers

money.

rewards, has nothing to beftow but In monarchies where honor alone predo
s

minates, the prince

rewards would confift only of

marks of

diftinction, if the diftinctions eftablifhed

by honor were not attended with luxury which neceflarily brings on its wants: the prince there
fore
is

wealth.

obliged to confer fuch honors as lead to But in a republic where virtue reigns, a
felf-fufficient

motive

and which excludes

all

others,

the recompences of the ftate confift only of public

atteftations
It is a

of

this virtue.

general rule, that great rewards in mo narchies and republics, are a fign of their decline ;

becaufe they are a proof of their principles being corrupted, and that the idea of honor has no long er the fame force in monarchy, nor the title of ci
tizen the

fame force

in a republic.

The very worft Roman emperors, were thofe who were moft profufe in their largefies for exam
;

ple, Caligula, Claudius, Nero, Otho, Viiellius, ComThe beft, as modus* Hdiogabalus, and Caracalla.

Augujlus

O F L A
S)

S.

97
K
r

B Vefpafian, Antoninus Pius y Marcus AureUnder good Ch Hits and Pertinax, were ceconomifts. emperors the ftate refumed its principles ; all other
treafures

|(

were fupplied by that of honor,

CHAP.
New

XIX.
cf the three

Confidences of the Principles Governments.

CANNOT conclude

this

book without mak

Ift.
l

ing fome applications of my three principles. It is a queftion, whether the laws ought to oblige

a fubjed: to accept of a public employment. opinion is, that they ought in a republic, but not
in a monarchical

My

government.

In the former,

pub

employments tums with which

try,

lic

are atteftations of virtue, depofia citizen is intrufted by his coun

for
,

whom

think
the

confequently he cannot refufe them *.

alone he ought to live, act, and In

latter,

now

fuch

public offices are testimonies of honor ; is the capricioufnefs of honor, that it

in

chufes to accept of none of thefe teftimonies but

when and

what manner

it

pleafes.

The
on
offices

late

king of Sardinia
ftate.

inflicted

his fubjects that refufed the dignities

punifhments -fand public

of the

lowed republican ideas

In this he unknowingly fol but his manner of govern

:

ing in other refpects fufficiently proves that this was not his intention.
* Plato
in his

Republic Book

8.

ranks thefe refufals

his

among

the

marks of the corruption of a republic. In he orders them to be punifhed by a fine r

punifhed with banifhment. f Viclor Amadeus*

at

Laws, Book 6. Venice they are

VOL.

I.

Secondly.

98

THESPIRIT
"

BOOK
cha
II.

Secondly, it is queftioned whether a fubjedt fhould be obliged to accept of a poft in the army
inferior to that

Quef-

tion.

Romans

it

which he held before Among the was ulual to fee a captain lerve the next
:

This is becaufe virtue year under his lieutenant *. in republics requires a continual facrifice of our perfons and of our repugnances for the good of the But in monarchies, honor true or falfe will flate.

never bear with what

In
defpotic

it calls degrading itfelf. governments where honor, pods

and ranks

make
prince.
III.

of a prince a fcnllion,

are equally abufed, they indifcriminately and of a fcullion a

Qucf-

tion.

military

it may be inquired, whether civil and employments mould be conferred on the fame perfon ? In republic?, I think, they mould

Thirdly

be joined, but
lics it

in

monarchies fcparated.

In repub

would be extremely dangerous to make the from profeffion of arms a particular flate, diftincl
that of civil functions
-,

and

in

monarchies no
thefe

lefs

dangerous would it be to confer ments on the fame perfon.

two employ

In republics a perfon takes up arms only with a view to defend his country and its laws ; it is becaufe he is a citizen he makes himfelf for a while

foldier.

fon

Were thefe two diftinct ftates, the per who under arms thinks himfelf a citizen, would
is

foon be made fenfible he

only a

foldier.

In monarchies they whole condition engages them in the profeflion of arms, have nothing but glory, or

Some
-r-ades, faid a

centurions having appealed to the people for the

it is

employments which thev had before enjoyed,

able hi r
.
.

jvft,

my

cw">~

centurion, that you foould look upon fccry pcft as honor;v

an cpp:riunity cf r

the republic.

Jcc.

5.

lib.

42.

at

O F L A
at lead

S.

99

honor or fortune,

in view.

To men

there-

B
,

K
i

fore
civil

like thefe the prince

;

mould never give any chap

a.

on the contrary they ought to employments be checked by the civil magiftrate, that the fame perfons may not have at the fame time the confi

dence of the people and the power to abufe it *. have only to caft an eye on a nation that

We

be juftly called a republic difguifed under the form of monarchy, and we mall fee how jea lous they are of making a feparatc order of the pro-

may

feifion

of arms, and
allied

how

the military itate

is

con-

ftantly

with that of the citizen, and even

qualities

fometimes of the magiftrate, to the end that thefe may be a pledge for their country, which

ihould never be forgotten. The divifion of civil and military employments,

made by
republic,

the

Romans

after the extinction of

the

was not an arbitrary thing. It was a confequence of the change which happened in the conftitution of Rome ; it was natural to a mo narchical government ; and what was only com menced under Auguftus -f fucceeding emperors
,
(|

were obliged to
tary

finifh, in

order to temper the mili

government. Procopius therefore, the competitor of Valens the emperor, was very much to blame, when con
das,
*

ferring the proconfular dignity upon Hormifa prince of the blood royal of Perfia, he re-

Ne imperium

ad optimos nobilium transferretur, Senatum

etiam adire exercitum.
Aurelius Vittor

militia vetuit Gallienus, de viris illuftribus.

f Auguftus deprived the fenators, proconfuls, and governors of the privilege of wearing arms. Dio. 1. 33. Conftantine. See Zozimus lib. 2. btlla. retfuro. Ammianus Marcellinus lib. 26. More vetcrum
I)

H2

&

ftored

ico

T H E
ftored to
this
it

BOOK
Chap*
IQ.

f which

magiftracy the military command had been formerly pofTefled , unlefs

indeed he had very particular reafons for fo doing. perfon that afpires to the fovereignty, concerns

himfelf

lets

about what
is

is

ferviceable to

the (late,

than about what

tereft.

likely to

promote

his

own

in-

IV. Quef-

Fourthly it is a queftion, whether public em ployments fhould be venal ? They ought not, I think, in defpotic governments, where the fubjects

muft be inftantaneouily placed or dilplaced by

prince.

the

But

in

monarchies
it

this venality
is

is

not at

all

im

proper, by reatbn
that as a family

an inducement to undertake

employment, which would never be

undertaken through a motive of virtue-, it fixes likewife every one to his duty, and renders the feveral
(*)

Frag"

orders of the

kingdom more permanent. Suidas

k
(

the

emof

very juftly oblerves that Anaftafius had changed the empire into a kind of ariftocracy, by felling all
public employments. Plato ( ) cannot bear with this venality. is txaftly\ fays he, as if a perfon teas
!
"
"

bailies

"

tine

T
.

For"

phyrogenU
|

fo

be
"

h
ct

ma ^e
ne y-

nwiwr
i*

cr

T^ot

a fop

for

b* s

lib. 8.

*
"

lad pojjible that this rule Jhould be in every other : ment of life, and bold good f But a republic ..iijlrp. OK.]?"

&

Plato fpeaks of a republic founded on virtue, and we of a monarchy. Now in monarchies (where

though there were no fuch thing as a regular fale of public offices, ftill the indigence and avidity of the courtier would equally prompt him to expofe them to faie) chance will furnilh better fubjecls In fine, the method of than the prince i choice.
attaining

O F L A
this

S.
?

ioi

and attaining to honors through riches, infjnres cherifhes induftry *, a thing extremely wanting in
kind of government.
fifth

^
c hap
,
9<

The

queftion
are

is,

in

what kind of govern- V.

?

Quef-

ment Ceniors

necefTary

My

anfwer

is,

that

tlon>

they are necefiary in a republic, where the principle

Vv e rruift not imagine of government is virtue. that criminal actions only are dcftru&ive of vir
it is deftroyed alfo by carelelTnefs, by faults, by a certain coolncfs in the love of our country, by dangerous examples, by feeds of corruption, by
i

tue

whatever does not openly violate but elude the laws, by what does not fubvert but weaken them ; all this ought to fall under the inquiry and correc
tion of the Cenfors.
are furprized at the punifhment ot the Areopagite, for killing a fparrow, which, to efcape the

We

purfuit of a hawk, had taken fhelter in his bofom.

Surprized we are alfo that an Areopagite fhould put his fon to death for pulling out the eyes of a
little

bird.

But

let

us reflect that the queftion here

in a republic

does not relate to a criminal condemnation, but to

a

judgment on manners
In

founded

jon

manners.

monarchies there
to

mould be no Cenfors
honor,

monarchies are founded on

ture of honor
is

and the na
its

have the whole univerfe for

fails

Cenfor.

Every man that

in this refpect,

is

fubjeft to the reproaches even of thofe

who

are

void of honor.

Here
*

the Cenfors

would be
where

fpoilt
all

by the very

We

fee the lazinefs of Spain,

public employments

are given away.

people

102

t,

T
:

BOOK
Chap
10

they could people whom they ought to correct nct P reva ^ againft the corruption of a monarchy ; the corruption rather would be too ftrong againft
:

them.

Hence
Cenfors
in

it

is

obvious that there oug-ht to be no ^j

China

The example of defpotic governments. feems to derogate from this rule ; but we
of
this

fhall fee in the courfe

work, the particular

reafons of that inftitiition.

Jjk.

BOOK

OF LAWS.

103

BOOK
plicity

VI.

Confequences of the Principles of different Governments with reffeEt to the Sim

of civil and criminal Lcrjcs, // Form ofJudgmentSi and the InfliEtlng

of Punijhments. C
Of
the
Sir,.

H A

P.
T.a":s

I.

cf civil

in

Co:

do not permit of fo great BOOK VI as defpotic governments, r For in monarchies there mutt be courts of judica the decifions ture thefe mult give their decifions muft be preferved and learnt, th.it we may judge in the fame manner to day as ycfterday, and that the lives and property of the citizens may be as certain and fixt as the very conltitution of the (tate. In monarchies, the adminiitration of juitice which decides not only in whatever belongs to lire and pro perty, but likewife to honor, demands very fcrupu-

MON
;

ARCHIES

a /implicit/

of laws

-,

lous inquiries. The delicacy of the judge increafes in proportion to the increafe of his trull, and of the importance of the interefts on which he determines.

We
many

rules, reftrictions,
-,

muft not therefore be furprized to find fo and extenfions in the laws

rules that multiply the particu
itfelf

of thofe countries
lar cafes,

and feem to make of reafon

an

art.

H4

The

104-

T H E
Xhe
difference
in
i

T
r
is

BOOK
VI Chap*

of rank,

birth

and condition,
fre

eftablifhed

monarchical governments,

quently attended with diftinctions in the nature of property , and the laws relative to the condition

of

this

government, may augment the number of

thefe diftindtions.

Hence among

us,

goods are
,

divided into real eftates, purchafes, dowries, para moveables phernalia, paternal and maternal eftates

of different kinds

eftates held in fee fimple, or in

tail , acquired by defcent or conveyance , allodial, or held by foccage ground rents, or annuities.
*,

of goods is fubject to particular rules, which muft be complied with in the difpofal of
fort

Fach

them.
plicity

Thefe things muft needs diminifh the fimof the laws.

the
fiefs

In our governments,
ditary.
It

are

become here

was necefihry that the

nobility fhould

have a fixt property, that is, the fief mould have a certain confiftency, to the end that the proprietor of the fief might be always in a capacity of fervThis muft have been productive ing the prince.

of great varieties; for inftance, there are coun tries where fiefs could not be divided among the
brothers
;

in others the

younger brothers may be

allowed a more generous fubfiftence. The monarch who knows each of his provinces,

may

eftablifh

different laws,

or tolerate different

But the defpotic prince knows nothing, and can attend to nothing , he muft take general meafures ; he governs by a rigid and inflexible
cuftoms.
will,
-

luces

which throughout his whole dominions prothe fame effects ; every thing bends under

his feet.

In

O F L A

S.

105

In proportion as the decifmns of the courts of B o o K judicature are multiplied in monarchies, the law is (^ , loaded with decrees that ibmenmes contradict one
another, either becaule fucceeding judges are of a of thinking , or becaule the fame
caufes are fometimes well,

different \vay

and

at other

times

ill

defended

or in fine, by reafon of an infinite num ber of abufes that flip into whatever paiTes through
;

This is a neccffary evil, which the legiflator redreffes from time to time, as con of moderate governments. trary even to the fpirit
the hands of man.

For when people are obliged to ha\v rccourfe to courts of judicature, this (hould come from the nature of the conftitution, and not from the con
tradictions or uncertainty of the laws. In governments where there are neceflary dilikewifc be privi flinflions of perfons, there

mud

leges.

This

alfo

diminifhes the fimplicity,

and

creates a thoufand exceptions. One of the privileges leaft burthenfome to fociety,

of pleading

and efpecially to him who confers it, is that in one court preierably to another.
difficulties
arife,

Here new

when

it

becomes a

queftion, before which court we mould plead. Far different is the cafe of people under defpotic In thole countries I can fee no governments.

thing that the legiflator the magiftrate to judge.

to the prince,
civil
it

is

able

to

decree,

or

As
that

the

lands

belong

follows,

there

are fcarce

any

From
eftates,

laws concerning the property of lands. the right the fovereign has to fuccecd to
it

follows likewife that there are none re

lating to inheritances.

The monopolies
in

eftablifhed

by the prince for himfelf

fome

countries,

render

io6

BOOK
Chap.
i.

THE SPIRIT
a u forts of commercial

laws quite

ufelefs.

The

they ufually contract with fheflaves, are the caufe that there are fcarce any civil Jaws relating to dowries or to the advan

marriages which

tage ot married
titude ot (laves

women.
it

prodigious mul follows likewife that there are

From

particular the

few who have any fuch thing as a will of their own, and of couric are anfwerable for their conduct before
a

very

judge.

Moft moral
a father s, a

k quence of

hulband

actions that are only in cons, or a mailer s will,

are regulated by them and not by the magiitrates. I forgot to obferve, that as what we call honor, is a thing hardly known in thofe countries, the feveral points relating to this honor, which are of

of the queflion.
ent
;

fuch importance with us, are with them quite out Defpotic power is of itfelf fuffici-

round
that

it

there

is

an abfolute vacuum.

Hence
prevails,

it is,

when

travellers

favour us with the de-

fcription of countries

where arbitrary fway

they feJdom make mention of civil laws *. All occafions therefore of wrangling and of law-

And to this in part is removed. that religious people in thofe countries are as the injuftice ot their de fo roughly handled
fuits are here

owing

mand
by

neither fcreened, palliated, nor protected an infinite number of laws, of courfe it is im

is

mediately difcovered.
In Mazulipatan it could never be found out that there was See the collection of voyages that con a^ written law. tributed to the eftablifoment of the India company , Tom. IV. Part I. fuch a thingp, ;9
1
.

cuiloms.

The Indians are regulated in their judgments by certain The Vedan and fuch like books do not contain civil
See
Lettres,

laws, but religious precepts.

Ed, 14. colleft.

HAP.

OF LAWS.
CHAP.
Of
tbt Sir.iphcity of criminal
II.

107

Laws

in different

Go

vernments.

WE
Is
it

hear it generally faid that juftice ought to be adminiftered with us as in Turky.

BOOK
VI
^
-

the ignorant of all na poflible then that tions fhould be the moil clear fighted in a point
that
If
it

mod

mod

behoves mankind to
the
fet

know

in refpect to the trouble the fubject undergoes in recovering his property, or in obtaining fatis. faction for an in

we examine

forms of juftice

jury or affront, we mail find them doubtlefs too many but if we confider them in the relation
:

they have to the liberty and iecurity of the fubthem too tew ; and we ject, we mail often find

mall be convinced that the trouble, expence, de lays, and even the very dangers of our judiciary
proceedings, are the price that every fubject pays
for his liberty. In Turky, where
little regard is mewn to the or eftates of the fubject, all caufes The me or other quickly decided.

honor, are one

lives,

way

thod of determining them is a matter of indiffe The bafhaw, rence, provided they be determined. after a quick hearing, orders which party he pleafes
to be baftinadoed, and then fends
bufinefs.

them about

their

Here
of

it

would be dangerous

litigioufnefs-, this

to have the pafTion fuppofes a violent defire of ob

taining juftice, a ftrong averfion, a hurry of mind,

and an obftinacy

in

purfuing revenge.

All this
fhould

io8

T H
2

fc

BOOK
VI Cha

fhould be avoided in a government, where Fear ought to be the only prevailing ientiment, and in

which the
attended

leaft popular disturbances arc frequently with fudden and unforefeen revolutions.

muft not hear

Here every man ought to know that the magiftrate his name mentioned, and that his

fecurity depends intirely on his being reduced to a kind of annihilation. But in moderate governments, where the life of the meaneft fubject is deemed precious, no man is flript of his honor or property but after a long in

quiry

and no man is bereft of life, till his very country has attacked him, an attack that is never made without leaving him all poflible means of
-,

a perfon renders himfelf abfolute *, he immediately thinks of fimplifying the In a government thus conftituted they are laws.

making his defence. Hence it is that when

more

affected with particular inconveniencies, than

is

with the liberty of the fubjecl, which

very

little

minded.
In republics
at leaft are
it

is

plain that as

many

formalities

In both neceffary as in monarchies. governments they increafe in proportion to the va

lue
life

which of the

is

fet

on

the honor, fortune, liberty

and

fubject.

Jn republican governments men are all equal ; in the equal they arc alfo in defpotic governments farmer becaufe they are every thing, in the latter becaufe they are nothing.
:

Cifsr, Cromwellj and

many

others.

CHAP-

OF LAWS.
CHAP.
In
III.

109

what Governments and

ought
tbe

in

what

cafes

tbe judges

to determine according to

the exprefs letter of

Law.

TH
becomes

nearer a

republic, the
fettled

government approaches to a more the manner of judging

;

BOOK
VI
-

and

fixt

wherefore

it

was a

fault

in the republic of Sparta for the Kphori to pafs fuch arbitrary judgments, without having any Jaws to The firft confuls at Rome pronounced direct them.

fentence in the fame

manner

as the

Ephori

but the

inconveniency of this proceeding was foon felt, and they were obliged to have recourfe to exprefs and
fixed laws.

judge himfelf

In defpotic governments there are no laws ; the is his own rule. There are laws in

monarchies , and where thefe are explicit, the judge conforms to them ; where they are otherwife, he endeavours to inveftigate their fpirit. In republics
the very nature of the conftitution requires the judges
to follow the letter of the law.
pofiibility

Here

there

is

no

of interpreting a law againft a fubjecl, in cafes where either his honor, property, or life
is

concerned.

At Rome

the judges had no

more

to

do than to

declare, that the perfon accufed was guilty of a par ticular crime, and then the punifhment was found in

the laws, as may be feen in divers laws ftill extant. In England the jury determine whether the fadl brought under their cognizance be proved or not
if it
inflidled

be proved, the judge pronounces the punimment by the law for fuch a particular fact, and for

this

he need only open his eyes.

CHAP

no
Of

T H E
C
the

P
P.

R
VI.

II

manner of forming Judgments.

BOOK
VI
-

arife the different manners of formJL ing judgments. In monarchies the judges chufe the method of arbitration they deliberate
-,

JENCE

together, they communicate their thoughts in order to come to an agreement, they moderate their opi nion to render it conformable to that of others ; and

the Ientiments of the feweit become efpoufed by the two largell numbers. But this is not agreeable to
the nature of a republic. At Rome and in the cities of Greece, the judges never entered into a confultation-, each gave his opinion one of thefe three ways, / abfolvfi 1 condemn i it does not appear clear to me* : this was becaufe the people judged, or were fup-

pofed to judge.

But the people

all thefe

being

civilians

reflections and
;

arbitration are

above

their reach

far from methods of they muft have

are

only one object,

them

and one fmgle fact fet before and then they have only to fee whether they

ought to condemn, to acquit, or to fufpend their judgment. The Romans introduced fet forms for actions -f-

example of the Greeks, and eftablimed mould be directed by its pro This was neceflary in their manner of per action. it was neccifary to fix the ftate of the judging
after the

a rule that ear h raufe

queftion, that the people might have it always Otherwife in a long procefs, before their eyes.
*

Non
i^uas aSicnes
ejjia

tie

que

-ijoluirunt.

L.

pofufus frcut we/let injlitueret, certas folem2. $ 6. Digeft. de Orig. Jur.

this

O F L A
this ftate

S. B

in
*
"

of the queftion would continually change

it

cta judges grant- & 5. cd only the fimple demand, without making any

and be longer diftinguifhed.

Hence

followed that the

Roman

But the praetors addition, deduction, or limitation. devifed other forms for actions, which were called ex bona fide, where the method of pronouncing fentence was
left to

was more agreeable

it
is

the difpofition of the judge. to the fpirit of monarchy. the French lawyers,

This

Hence
in

a faying

among

that,

France *

all atlions are

EX BONA FIDE. V.
may
be Judge.
%)

CHAP.
//;

what Governments

the Sovc,
(8) attributes

the lofs of the

Dif-

of Florence, MACHIAVEL
liberty
in a

to the

people

not

courft:

judging

body in cafes of high trealbn againft Decad themfeives, as was cuftomary at Rome. For this pur- Livy.
c
:

of

but the few, fays Mapofe they had eight judges I fhould chiavel, are corrupted by a few. willingly

adopt the

maxim of this

great

man.

But

as in thofe

cafes the political intereft prevails in fome meafure over the civil (for it is always an inconveniency that

the people mould be judge in their own cauie) in order to remedy this evil, the laws muft provide as

much as pofTible for the fecurity of individuals. With this view the Roman legiQators did two
things; they gave the perfons acculed, permiflion to banifh themfeives -j- before fentence was pronoun*

lofes notwithftanding his cofts, if much as he owes.

In France a perfon though fued for more than he owes, he has not offered to pay as
in Cicero
s

f This is well explained wards the end.

oration pro

C<ftina,

to

ced

112

T H E
cecj

T
We

BOOK
Chap
c

and they ordained that the goods of thofe wno were condemned fhould be facred, to prevent
.

in the

mall fee their being confifcated to the people. Xlth book the other limitations that werefet

to the

power the people had

of judging.

Solon knew
people ments.

how to prevent the abufe which the might make of their power in criminal judg

He

ordained that the court of Areopagus

affair ; that if they believed Demof- the party accufed was unjuftly acquitted ( ), they P mou accule him again before the people; that if corona T k believed him unjuftly condemned ( ) 9 they edit, they 494,
(
)

fhould re-examine the

Frankf.
(k) see philoitrat1 5

fhould put a flop to the execution, and make them rej u dge ^e proceeding. An admirable law that

f he
phifts,

wmc ^
s"-

fubjected the people to the cenlure of the magiftracy rt revered, and even to their own! tne y

book

i.

it is always proper to throw n fome delays, efpecially when the party accufed is under confinement; to the end that the people may

In affairs of this kind

grow calm and give

their

judgment

cooly.

In defpotic governments the prince himfelf may But in monarchies this cannot be; the be judge. conftitution by fuch means would be fubverted, and
the dependent intermediate powers annihilated
let
,

all

forms of judgment would ceafe fear would take pofTeflion of the people s minds, and palenefs fpread itfclf over every countenance the more confidence,
:

honor, affection, and fecurity is in the fubjeft, the more widely extended is the power of the monarch.

We

fhall

give here a few

more

reflections

on

this

point. In monarchies the prince is the party that prolecutes the perfons accufed, andcaufes them to be pu* This was a law
crates refined to
at

Athens, as appears by Demofthenes.

ufe

So

make

of

it.

nifhed

OF LAWS.
niflied

1
fit

or acquitted

now were he

himfelf to

as

"

judge, he would be both judge and party.

benefit of confifcations

In this government the prince has frequently the fo that here again by i being

judge himfelf of crimes, he would be both judge and party.

Farther, by this means he would deprive Himfelf of the moft glorious attribute of fovereignty, namely,
that of granting pardon -f , for it would be quite ridiculous of him to make and unmake his dccifions :

would not chufe to contradict himfelf. B jwould be confounding all ideas it won! be impofiible to tell whether a man was acquitted,
furely he
fides, this
;

or received his pardon. Lewis XIII. being defirous to

trial

fit

as

judge

at
in

the

of the duke de

la Valette *,

afTembled

1m
:

cabinet fome

with fome

the parliament together counfellors of ftate to confult about it

members of

upon

their being

compelled by the king to give their

"

arreft, the prefident

(C
(C
"

opinion or judgment concerning the decree for his That he found deBdievre laid, very ftrange a prince mould pafs fentence upon one of his fubjeCts that kings had referved to
it
-,

themfelves the power of pardoning, and

left

that

"

of condemning to their

officers

"

wanted
by

to fee before

him

that his majefly at the bar, a perfon who

-,

"

"

was to be hurried away in an hour s time into the other world That this is what a
his decifion
!

1C
*

prince s countenance, from whence favours flow, fhould never bear ; that his prefence alone re-

demned
:

f Plato does not think it right that kings, who, as he fr. are piiefts, fhould preiide at judgments where people are con to death, to exile, or imprifonment. See the relation of the trial of the duke de La Yalette. It
is

printed in the memoirs of Mont refer.

Tom.-,

p. 62.
IC

VOL.

I.

moved

ii

4
K

T H E
moved
ecclefiaftic
"

R
,

B no
p

and that fubjccts ought not to go away diiTatisfied from their \Vhen fentence was palTed, the fame prince." This is an unprecedented judgprefident faid,
cenfures
"

"

"

merit, to

fee,

contrary to the example of pad

"

"

ages, a king of France in the quality of a judge, condemning a gentleman to death

n,

leniences paficd by the prince would be

,

ilic
"

"

an inexhauftible fource of injuftice and abufe the courtiers by their importunity would always be able
to

extort his
fo

decifions.
fit

were
feqiu
"

mad

as to
,

as

Some Roman emperors judges themfelves-, the con-

that no reigns ever fo furprized the univcrfc with opprefllon and injuftice.

(0 At
lib. 11.
cc

Claudius,
to ii

fa\s Te.citus

c
( \
)>

I *

k^

c.Ppr&p * *
*

tc It

judgment of law-fiiits and the funfiion to all nhinmr of ons cf magijl

the
.

m rc ]j

But Nero upon

,

his

coming
"

to

the

ideavoured to conciliate empire after C That he the minds of the people, by declaring, would take care not to be judge himfelf in pri"

"

vate cauics, that the parties might not be ex-

"

"

Ibid.

pofed within the walls of a palace to the iniquid tous power of a few freedmen (
)."
"

"

a
i

"

fays Zozimus ( ), : sail round, n of calumniators fpread the efted the court. e. perfont deacfe it Upon
,

<c

tely

fuppofed he bad

left

no children

"

and

in confe

of
pt.

this,

his

green
ivas furenter-

Cl (C

away by a
prizingly Jlupid^
prizing, f.
;

For as the prince

t

and

(I

a flave

to

infomucb of L * The fame diibrder happened und?r Theod:

-,

the infatiable avarice that to

;er.
"

an

O F L A
<.

S.
deferable

an honefl man nothing could be more

death"

than

BOOK
,^i

115

Chap.
"

5,

Formerly, fays Procopius ( ), there ufcd to be & very few people at court \ but in Jufti man s reign,
<?j

6.

ecre

U,f

"

the judges

"

ing juftice,
(C

.rty of admi, longer I their tribunals were c, -le the

had no

prince s palace refounded with the clamours of the

feveral litigating parties" Every bc<iy knows a proftitution there was at that court ot public judgments and even of the very Jaws themfelves.

cc

what

by them he Should he attempt the function of a judge, he would not then labour for himfelf, but for impoftors that wane to deceive him.
laws are the eye of the prince
,

The

fees

what he could not otherwife

difcern.

CHAP.
That
in

VI.
to

Monarchies the Minifters ought not

Judges.

be

is

narchies IT

likewife a very great inconveniency in mo for the minifters of the prince to be

have ftil] inftances of ftates wrure judges. there are a great number of judges to determine fifcal controverfies, and where the minifters notwithftanding (a thing almoft incredible !) want like wife to determine them. Many are the reflections
that here arife
;

We

but

this fingle

one will

fuffice for

my

purpofe.

There is in the very nature of things a kind of contraft between a prince s council and his courts of The king s council ought to be com judicature.
pofed of a few perfons,- and the courts of judicature of a great many. The reafon is, in the former,
I

things

n6
BOOK
a

T H E

8.

with a things fhould be undertaken, and purfued kind of warmth and paflion, which can hardly be who make it expected but from four or five men On the contrary in courts of their fole bufmefs. a certain coolnefs is requifite, and an in judicature
difference in forne meafure to
all

manner of

affairs.

CHAP.
Of afmgk

VII.

Magistrate.

A
very
Sec the
"

Magiftracy of this kind cannot take place have but in a deipotic government.

We
it

an inftance
magiftrate
v.vll

in the

Roman
that

hiftory

how
on

far a fingle

may
t
:

abufe his power.

/ipfius

Might
his

not be

pectcel

tribunal

mould contemn
(
)

very law of his

own

the laws, after having violated the b ( ) enacting? Livy has given

O/.v

He us the iniquitous diiYmclion of the Decemvir. had fuborned a man to reclaim Virginia in his prefence as his (lave ; Virginia s relations infifted that
by virtue of his own law Hie fhould be configned them tiil the definitive judgment was patted. Upon which he declared that his law had been made only in favour of the father; and that as Virginius was abfenc, no application could be made of it to
to

H
!.(.

Quod
rptiel-

the prefcnt cafe

j.

abc.

CHAP.
ratus.

VIII.

Li-

\uis

Dec.
"

Qf Accitfutions

in different Governments.

Rome

it

was lawful for one citizen to

;

JL

ace Life another

* And

this

was

according to
cities.

the

in a

great

many

other

fpirit

O F L A
of
a

S.

117
*
chap.
S.

republic, where each citizen ought to fpirit have an unlimited zeal for the public good, and where each citizen is fuppofcd to hold the whole
rights

of

his

country

in his

hands.

Under

the

em

perors the republican maxims were ftill purfued ; and inflantly a pernicious fet of men darted up, Whofoever had nu a whole fwarm of informers.

merous vices and

bitious fpirit,

abilities, a

mean

foul

and an

am
fome

bufied himfelf in the fearch of

the prince

criminal whofe condemnation might be agreeable to this was the road to honor and for
:

tune *

but luckily we are ftrangers to

it

in

our

country.

We
that

have at prefent an admirable law, namely which requires that the prince who is efta-

blifhed for the execution of the laws,

an
all

mould appoint each court of judicature to profecute forts of crimes in his name by this means the
officer in
:

profefiion of informers is a thing unknown to us ; for if this public avenger were fufpected to abulc his office, he would foon be obliged to name his

author.

By
or to
ed.

Plato
affift

s laws ), thofe who neglect to inform the magistrates, are liable to be puniflin

Lib. 9.

This would not be fo proper in our days. public profecutor watches for the lafety of the citizens ; he proceeds in his office, while they enjoy the fweets of tranquillity.

The

See

in

Tacitus the rewards given to thefe informc.

CHAP.

u8

THESPIRIT
CHAP.
Of
"

IX,

tie Severity of Pttni/hments in different Govern

ments.

BOOK
^
!

~^HE
than

feverity

defpotic
terror,

of punifhments is fitter governments whofe principle

for
is

for a

monarchy or

a republic whofe

fpring is honor and virtue. In moderate governments the love of one

try,

s coun of blame, are reftraining motives, capable of preventing a great multitude Here the grcateft punifhment of a bad oi

fhame and the

fear

a.

viction.

The

civil laws

have therefore
require fo

a ioftcr

way of

correcting, and
4

do not
is lefs
,

much

force ami k-veritv.

a

In thofe dates

legiflator

bent upon

he is more at puni filing than preventing crimes tentive to infpire good morals than to inflict punifh
It
is

a perpetual

that the

remark of the Chinefe authors *, more the punifhments of criminals were

increafed in their empire, the nearer they were to a revolution. This is becaule punifliments were

augmented
corrupted.
It

in

proportion as the public morals were

or

would be an eafy matter to prove that in all all the governments of Europe, punifli ments have increased or diminifhed in proportion as
a!

moil

thofe governments favoured or difcouraged liberty,

*
I

fhall fliew

hereafter that

China

is

in this re/pec! in the

fame

cafe as a republic or a

monarchy.

In

OF LAWS.
the lofs of life; confequently their punifhments ought to be more fevere. In moderate flat* ;, they are

119
K

In defpotic governments people are fo unhappy, c as to have a greater dread of death than regret tor chap.

9.

more afraid of lofmg their lives than apprehenfive of the pain of dying ; thofe punifhments therefore
that deprive them fimply of life are fufficient. Men in excefs of happinefs or mifery are equal
witnefs conquerors and ; mediocrity alone and a mixture of profperous and adverfe fortune that inipire us with
ly inclinable to feverity

monks.
lenity

It

is

and

pity.

What we

obferve

among

particular

men,

is

equally obfervable in different nations. In countries inhabited by favages who lead a very hard life, and

governments, where there is only one perfon on whom fortune lavifhes her favours, while the miferable fubjecls lye expofed to her infults
in defpotic

people are equally cruel.

rate

Lenity reigns in
the

mode
feverity

governments.
read in
hiftory

When we

horrid

of the Sultans in the adminiftration of juftice, we feel a kind of pain upon confidering the miferies of

human
make
Is it

nature.

In moderate governments, a
ufe

good

legiflator

may

of every thing by way of punifhment. not a very extraordinary thing that one of the

principal puniQiments at Sparta was to deprive a perfon of the power of lending out his wife, or of

receiving the wife of another man, and to oblige him to have no company at home but virgins ? In
fliort

whatever the

hw

calls

punifhment

is

fuch

effectively.

C H.A

P.

120

11

K
X.

CHAP.
Of
*

tbe ancient French

Laws.

VI
Chap.
*"

10.

T^ ^ anc ent F renc h A of monarchy. In

C

aws we find the true

fpirit

punifhments the punifhed than the nobility

cafes
it is

cafes relating to pecuniary common people are lefs feverely

*.

But

in

criminal

-j-

quite the reverfe , the nobleman lofes his honor and his voice in court, while the peafant, who has no honor to lofe, undergoes a corral

punilhment,

CHAP.
E

XT.

?/;?/ i-:bcn a People are virtuous, feiv Puniflments

are neceffary.

Such was the force of this proprobity. bi y, that the legiflator had frequently no farther occ afion than to point out the right road, to induce

TH

people of

Rome had

fome fhare of

them to follow it; one would imagine that inftead of precepts it was fufficient to give them counfels. The punifnments of the regal laws and thofe of the twelve tables were almoft all abolimed in the time of
the republic, in confequence either of the

or
Suppofe for inftance, to prevent the execution of a decree, people paid a fine of forty fous, and the nobility S^mme Rule. Book 2. p. 19;-. edit. Got. oi of iixty Livres the year iua. the -See the council of Peter Defcntaines, c. 13. efpecially
*hc

common

I.

art.
It V.T.S
-

|j

made by

Valerius Pullicola foon after the c--rulf;on

ie

"kings,

and was twice renewed, both times by ma-

OF LAWS.
or of the

121

P or dan

law

*.

It

was never obferved

to

BOOK
chX,

that this ftep did any

civil adminiftration.

manner of prejudice

the

This Valerian law which inhibited the magiftrates

from ufing any violent methods againft a citizen that had appealed to the people, inflicted no other punimment on the perfon who infringed it, than
that of being reputed a difhoneft

man(

).

A7/V/

ultra

quam

CHAP.
Of

itnprobe

XII.

faaumal:.

Liv.

tic Pcn-er cf Punijbments.

(hews

that

in

countries

remarkable EXPERIENCE the

for

lenity
as

of penal laws,

the fpirit of the inhabitants is by them, as in other countries

much

affected

by

feverer punifh-

ments.
If an

a violent
drefs
it
;

inconveniency or abufe arifes in the ftate, government endeavours fuddenly to re-

and inftead of putting the old laws in it eftablimes fome cruel punimment which inftantly puts a (lop to the evil. But the
execution,

fpring of government hereby lofes its elafticity ; the imagination grows accuftomed to the fevere
as well as to

the milder

punimment

and

as

the

diminimes, they are foon obliged in every cafe to have recourfe to the other. Rob beries on the high-way were grown common in
fear
latter

of the

fome countries
giftrates

-,

in order to
as

remedy

this evil,

they

of the fame family,

to give
it

was not

Livy obferves, 1. 10, the queftion a greater force, but to render its injunctions
:/m,
tii

more

* Lev Poi-cia pro year of the i

perfeft.

Dili^-

fays Livy, ibid.

It

tergo

was made

in the

454th

of

Rome.

invented

122

T H E
12

BOOK
Chap

invented the punifhment of breaking upon the wnee l tnc terror of which put a flop for a while
to this mifchievous practice. beries on the high-ways were
as ever.

But foon after rob become as common

Delertion in our days was grown to a very great height; in confequence of this it was judged pro per to punifli dcfcrters with death ; and yet their

number
tural
;

The reafon is very na accuftomed daily to venture his life, defpifes or afreets to uefpiie the danger of lofing it. lie is daily habituated to the fear of fhame ; it
did not diminifh.
i

would have been

therefore

much

better to

have con
infa

tinued a punifhment which branded

him with

punifhmcnt was pretended to be increafed, while it was really diminifhed. Men muft not be led by excefs of violence ; we ought to make a prudent ufe of the means which

my

for life:

the

nature has given us to conduct them.

into the caufe of
all

If

we

inquire

corruptions, we mail find that they proceed from the impunity of crimes, and not from the moderation of punimments.

human

man

Let us follow nature, who has given fhame to for his fcourge , and let the heavieft part of
is

the punifhment be the infamy attending it. But if there be fome countries where fhame
2 confequence

not

of punifhment, this muft be owing to tyranny, which has inflicted the fame punimments on villains and honeft men.

And

if there are others

where men are deterred

arife

only by cruel punimments, this muft in a great meafure

we may be fure that from the violence

of the government, which has ufed fuch punim ments for flight tranfgreMions.
It

OF LAWS.
often happens that a legiflator defirous of reforming an evil, thinks of nothing but of this reforIt

123
BOOK:
CJia

12

mation
fhut to
drefifed,

his eyes are

its

open only

to this object,

and
re-

inconveniencies.
is

When

the evil

is

nothing more feen but the feverity of the legiflator yet there (till remains an evil in the date that has fprung from this feverity ; the
there
,

minds of

the people are corrupted, and become ha bituated to defpotic power. Lyfander ( ) having obtained a victory over the
;

b
(

Xe1

Athenians, the prifoners were ordered to be tried in confequence of an accufation brought againlt the

.??*
J

Athenians of having thrown

all

the captives of

two

gallies down a precipice, and of having refolvcd in full afTembly to cut off the hands of thofe

whom

The Athe they mould chance to make prifoners. nians were therefore all mafiacred, except Adyn:
this decree. Lvfjvder reproached before he was put to death, with having depraved the people s minds and given leiTons of cruelty to all Greece.

who had oppofed

Philocles,

"

The Argives,
.

fays Plutarch
r
-r r

( ),

having put ffthe

it

c
(

)Mcart

ce
,,

teen hundred of their citizens to death,

At he-

mans ordered Jacnfces of

pleafe tbs Gods to r r j ,;
7

who
>7

f!
-"

"

might turn the hearts of the Athenians

expiation,
A
>

that

mtrufled
v/

L<.

jrom Jo cruel a thought. O f ftate There are two forts of corruption ; one when affairs. the people do not obferve the laws ; the other when
;

direftion

they are corrupted by the laws becaufe it is in the very remedy

an incurable evil,

itfelf.

CHAP,

THE SPIRIT
CHAP.
Impotency of the

XIII.
of Japan.

Laws

XCESSIVE
g ee
wtftr.

punifhments
-,

may

even cor

rupt a defpotic government

of this

we have

an inftance in Japan. Here almoft all crimes are puniflied with death ( d ), becaufe difobedience to fo great an emperor, as that

of Japan,

is

reckoned an enormous crime.

The

queftion is not fo much to correct the delinquent, as to vindicate the authority of the prince. Thefe

notions are derived from fervitude, and are owing

efpecially to this, that
as

the

emperor

is

univerfal

proprietor, almoft
interefts.

all

crimes are directly againlt his

They punifh with death

c

Collecn

magiftrate defence.

lies fpoken before the proceeding contrary to natural

Even
1

things which have not the appearance of a

;

to

crime are feverely punimed

that ventures his

for inftance,
is

man

the
ft

True

it

India obftinate, a

put to death. is that the furprizing character of this capricious, refolute, whimfical people,

money

at play

who

defy

all

dangers and calamities, feems to ab-

428.

folve their legiflators from the imputation of cruelty, But are notwithftanding the fcverity of their laws.

who

a natural contempt of death, and open their bellies for the lead fancy, are fuch men, I fay, mended or deterred, or rather are they not hardened, by the continual fight of
rip

men, who have

punifhments

The

relations of

travellers

inform

us,

with re-

fpecl to the education of the Japanefe, that chil dren muft be treated there. with mildnefs, becaufe

they

OF LAWS.
they

125
,

become hardened

to

punifhment

that

their

B
;

not be too roughly ufed, becaufe they Ch immediately put themfelves in a pofture of defence.
flaves

mud

Would not one imagine that they might eafily have judged of the fpirit which ought to reign in their political and civil government, from that which
fhould prevail
in their

domeftic concerns

wife

legiflator
s

reclaim people

would have endeavoured minds by a juft temperature

to
ot"

punifhments and rewards , by maxims of philofophy, morality, and religion, adapted to thefe characlers ; by a juft application of the rules of ho nor, and by the enjoyment of a conflant hippin<
foft But thcfe are fprings tranquillity of life. which defpotic power is a ftranger it m. abufe itfelf, and that is all it can do in Japan it has made its utmoil effort, and has furpafled even

and

to

itfelf in cruelty.

As the minds of the people by this means grew wild and intradlable, they were obliged to have recourfe to the moil horrid fever. This is the ori
gin, this the fpirit of the laws of Japan.

They had
fucceeded in

more fury however than

force.

They

the extirpation of Chriftianity , but fuch unaccount able efforts are a proof of their impotence. They

wanted to eftablifh a good polity, and they have fhewn greater marks of their weaknefs.
have only to read the relation of the interview between the emperor and the Deyro at Meaco ). The number of thofe who were fuffocated (
or murdered in that city by ruffians,
is

We

^
]

Collec-

tion of

t.-ibutedto
\

incredible

young maids and boys were carried off by fore and found afterwards expofed in pubMc places, at imfeafcnable hours, quite naked and ibwn in ^
-

linen

p.

z.

126 oo

T H E
K
14.
ij
>

Chap

nen bags, to prevent their knowing which way robberies were committed in all tne y na ^ pa^d of horfes were ripped open to parts, the bellies bring their riders to the ground, and coaches were The Dutch, overturned in order to drip the ladies. who were told they could not pals the night on the
fcaffolds without expofing themfelves to the danger

of being
I

aiTaflinated,

came down, &f.

dial I here give

one inftance more from the fame

nation.

The emperor having abandoned himfelf to infamous pleafures, lived unmarried, and was conThe fequcntly in danger of dying without iflue.
Deyro
lent

him two

beautiful

young

virgins-,

one he

married out of refpect, but would not meddle with IKT. 1 1 is nurfe caufed the fined women of the em
pire to be lent for, but all to
( )

no purpofe.

At

length
e

Ibid,

an armorer

daughter having pleafed his fancy ( ) he determined to marry her, and had a fon. The
s

ladies belonging to court, enraged to fee a perfon

of fuch mean extraction preferred to themfelves, The crime was concealed from ftifled the child.
the emperor
;

for he

would have

fpilt

a torrent

of

blood.

excefllve feverity of the laws hinders therefore their execution : when the punifhment fur-

The

pafles all

meafure, they are frequently obliged to

it.

prefer impunity to

CHAP.
Of
and UJSF
*

XIV. Reman
Senate.

the Spirit of the

DER
Pifo,

the confulate of Acilius Glabrio law * was made to the

re condemned to a fine ; they could not be admitted into the rank of fenators, nor nominated to any Dio Eo, public office.

Thofe

that were

prevent

O F L A
ion

S.
{")

127
that
]

prevent the intriguing for places. Dio fays the fen ate engaged the confuls to propoi
that C. Cornelius the tribune

had

rei
i

ook

caufe

moft
this

fevere

againft

crime

punifhments to be eftablifhed to which t

fenate
rig!.

greatly inclined.

The

:dged th

immoderate punifhments would llnke indeed a terror into people s minds, but mint have alfo this effect, that there would be no body afterwards to
accufe or
rate

condemn whereas by propofing mode punifhments there would be always judges and
;

accufers.

CHAP.
Of
the

XV.

Roman Laws

in refpcft to

flrongly confirmed in my fentiments upon finding the Romans on my fide, and I think that punifhments are connected with iture

1A

the government,

when

behc

le
,r-

changing

in this refpect their civil

tion as they altered their

The

regal Jaws

made
a

of fugitives, (laves, vere. The fpirit of

form of government. de compcfed and vagabond

for a n

republic

re

quired that the Decemvirs mould not ha thofe laws in their t tables but
\

men who

aimed

at

tyranny were far from conforming to a

fpirit.
b

republican
Li-iy
(
)

fays

in

fc

relr

Metius

Suffetius, dictator of

demned by Tullus

H
rer

o the punifhrnent of Alba, who was con o be pulled to r.

firft

b
(

Lib.

i.

by two chariots lent in which the pj

us the

and lad
of

hum

128 B oo
Chap

T H
K
ic.
l

T
is

nity feemed to have been loft. tne aw f r ^ e twe l ve tables is

He
full

miftaken

of very cruel

punifhments *.

The

defign of the decemvirs appears moft con-

fpicuous

in the capital punifliment pronounced This is not agreeable againft libellers and poets. to the genius of a republic, where the people like

But perfons that to fee the great men humbled. aimed at the fubverfion of liberty, were afraid of
writings that might revive its fpirifj-. t! >ulfion of the decemvirs, almoft

Aim
i (

all

the

uvs
,iy

v.

nolifhed.
,

It is

true they were

not

repeal u

but as the Porciiin law had

ordained that no citi/en of

death,
c

Rome mould

be put to
refer

they were of no further u This is exactly the time to which

we may

Book

i.

what

cf the Romans, that no people \\viv ever fonder of moderation in punimments. But if to the lenity of punimments we add the

Lky

fays

(")

right which the party accufed had of withdrawing before judgment was pronounced, we mall find that

the

Romans

followed the

fpirit

which

have ob-

fervcd to be natural to a republic.

Sylla
berty,

who ccnfounded tyranny, anarchy, and made the Cornelian laivs. He feemed

li

to

have contrived regulations merely with a view to

create new crimes. Thus diftmguifhing an infinite number of actions by the name of murder, he found

murderers

in all

much followed, * We find there

capital puniflmients,
-f

parts ; and by a practice but too he laid fnares, fowed thorns, and
the pur.ifhment of
theft,
fire, and almoft always h death, tj ipirit as the decemvirs, fol -J:^ r^ial laws againit fatyri-

punif.

Sylla animated with tht fame lowed their example in ^

cal writers.

opened

O F L A
^et.

S.
citizens fet their

129
Chap. 15-

opened precipices, wherefoever the

Almoft
diction of

all
fire

Sylla s laws contained only the inter and water. To this Caeiar added the

confifcation of

goods *, becaule the

rich,

by preferv-

ing their eftates in exile, became bolder in the per petration of crimes.

The emperors having eftablifhed a military go vernment, foon found that it was as terrible to the prince as to the fubjcct , they endeavoured therefore
to temper
dignities
ties
it,

See the

3d

and with

this

view had

recoil rfe to

e?

<^

or _

and to the refpecl with which thole digni-

<>>

were attended.

ii

Us.
,

and

-;
t

The government thus drew nearer a little to number of :llc monarchy, and punifhments were divided into three the Divert rr ,U r thole which related to the principal per- ancj n t ho claries ( ) m thofe Codex. fons in the ftate ( ), which were very mild which were inflicted on perfons of an inferior rank( n ), and were more fevere ; and in fine fuch as concerned n )Medios. only perfons of the lowed condition (), which were pinkos le n. g- 3the molt rigorous. s aj
,

"

"

legi
1

MaximiMis. that

fierce, that ftupid prince, increafed leg- CorJ

"

the rigour of the military government which he ought j^. to have foftened. The lenate were informed, fays

p p Capitolinus( ), that fome had been crucified, others ( ) Jul. LapJ expofed to wild beafts, or fewed up in the fkins of

beafts lately killed, without any manner of regard to their dignity. It feemed as if he wanted to exercife the military difcipline,

nil
Roman

"

:m

on the model of which

civil

he pretended to regulate the

In the confederations on
the

adminiftration.

the rife
find,

grandeur*
auxit.

we

in

and declenfion of what manner

facilius fcelere fe

* Poenas facinorum
ligarent,

cumlocupletes eo
exularent.

ob-

quod integris
I.

jpatrimoniis

Suet in Jul. Cafare.

VOL,

Confbantine

3o

T H E
16.

T
the
different

BOOK
Cl

Conftantine changed the military government into a military and civil one, and drew nearer to

Monarchy.
from rigor
impunity.

There we may
ftate,

trace
fee

revolutions of this

to indolence,

they fell and from indolence to

and

how

C
Of tbc jiifl

H A

P.

XVI.

Proportion betwixt Punijhmcnts and Crimes.

a point that there fhould be in punifhments, becaufe it

is

an

cllential

I
is
tc
(i

certain

proportion
<

eilential that a creat ^

crime mould be avoided

is

ra-

ther than a ldVcr, and that which to focicty rather than that which
Hift.of
"

more pernicious
lefs.

is

Nicephoarch of

"

4 impoftor ( ), who called himlelf Conftantine Ducas, railed a great infurreftion at ConHe was taken and condemned to be fontinople.

An

"

ifonti-

nople.
"

j-

whipt but upon informing againfl feveral perons of diftinftion, he was condemned to be burnt
;

as a calumniator." It is very extraordinary that they fhould thus proportion the punifhments betwixt the crime of high treafon and that of calumny.

This puts me in mind of a faying of Charles II. king of Great Britain. He faw a man one day ftanding in the pillory upon which he afked what crime the man had committed. He was anfwered, Pleaje
;

your wcjefty be has wrote a libel againft your minifters. The fool ! laid the king, why did be not write againft

me
r
>

?
"

they

would have done nothing

to him.

In

Nis

"

Seventy perfons having confpired againft the r emperor Bafil ( ) i he ordered them to be whipt,
an ^

cephorus hlitaT
:

<

na

of

^^

neacj an(j

t>

earc} s to be burnt.
,.

flag

O F L A
A
<c

S.

131
*

B flag one day having taken hold of him by the girdle with his horn, one of his retinue drew his c hap.
,

16.

It

fword, cut the girdle, and laved him upon which he ordered that perfon s head to be cut off, for having, faid be, drawn his fword againft his
fbvereien. o

"

prince

Who could imagine that the lame a could ever have pafled two fuch different
?

judgments

abufe amongft us to condemn to the fame punifhment a perfon that only robs on the high- way, and another that robs and murders. Surely for the public fecurity fome difference mould
It is a great

be

made

in the

punifhment.

In China thole cut in pieces ference it is

B
( ) j

who add murder

that

but not fo the others

to robbery, are to this dif

:

in that,, country, yet they never murder. In Ruflla where the punifhment of robbery and

owing

though they rob

p. 6.

murder

is

the fame, they always

tell
is

murder ( h ).

The

h (
)

Prcfcnt

dead, fay they, J *

no

tales.

When
there

there

no difference
in the

in

the punifhment, /VH-.

Ruma by

mould be fome

expectation of pardon.

In England they never murder on the high-way, becaufe robbers have fome hopes of tranfportation,

which is never the mit murder.

cafe in refpect to thofe that

com

governments.

Letters of grace are of excellent ufe in moderate This power which the prince has of

pardoning, exercifed with prudence, is capable of producing admirable effects. The principle of defpotic government, which neither grants nor re
ceives any pardon, deprives
it

of thefe advantages.

CHAP.

132

T H E

R"I

CHAP.
Of
"

XVII.

the Rack.

BOOK
VI.

HE

wickednefs of mankind makes

it

ne-

them better than they are. Hence the deposition of two witnefles is diffident in the punifhment of all crimes. The law believes them as if they fpoke by the mouth of truth. Thus we judge that every child conceived in wedlock is legitimate-, the law having a confidence in the mother as if fhe were chaftity itceffary for_the laws to fuppofe
if.

lut the ufe of the rack againft criminals can

not be defended on a like plea of neceflity. We have before us the example of a nation blefied

with an excellent

civil

government

*,

where with

out any inconvenicncy the practice of racking cri It is not therefore in its own minals is rejected.
nature neceiliry
-f.

So many men of learning and genius have wrote

that af againft the cuftom of torturing criminals, ter them I durft not prefume to meddle with the
fubject.
I

defpotic ftates, where the propereft fpring of

to
*

was going to fay that it might fuit whatever infpires fear is I was going government
,

fay that the Haves,

TheEnglifli.

among

the Greeks and

Ro-

f Thrrat. in
1

citizens

of Athens could not be put to the rack (lyfai

is ufed
-ff
\

->-.

gorat.) unlefs it was lor high treafon. within thirty days after condemnation (Cunus Fortuiuttorture: In S hol. Ub. There was no
torture
2.)

The

to the

ews

that birth,

Romans, the ^d and 4th law ad leg. "Jidiam Maexdignity, and the military profeflion

preparatory

people from the rack, except in cafes of high treafon. udent reftri&ions of this practice made by the laws of
hs.

mans

OF LAWS.
mans
But
I

133
B
.

heard the voice of nature cry out

loudly againfl me.

Cha p i.

CHAP.
Of

&i 9

XVIII.

pecuniary and corporal PunifomentS.

anceftors the

OUR
the

Germans admitted of none

Thcfe free and but pecuniary punifhments. warlike people were of opinion that their blood
ought not
contrary,
to be fpilt but with fword in hand. thefe punifliments are rejected
e

Oa
by
Ser
Keinj>fer.

the Japanefe elude them.

under pretence that the rich might () But are not the rich afraid of being
),
?

dripped of their property

And might

not pecu

niary punifhments be proportioned to people s for tunes? and in fine, might not infamy be added to
thefe

punifhments

good

legiflator takes a juft

medium

he or

dains neither always pecuniary, nor always corporal

punifhments.

CHAP.
Of
the

XIX.

Law

of Retaliation.
is

frequent in defpotic countries, where they Moderate governments are fond of fimple laws.

THE
it

ufe of the law of retaliation *

very

admit of
the latter

it

fometimes

but with

this difference,

that the former exercife

it

in full rigour,

and among

The
it

always receives fome kind of limitation. law of the twelve tables admitted two; firfb

never condemned to retaliation but when the plain* It

is

eftabliftied in the

Koran; See the

chapter oftbi

Cow.
tiff

134
B
X.
i

T H E
K
t jflf

P
in

T
*

o^o
I
.

ru-

*-,

^ J

&
(d\ )

21.
TK*
1

any other manner *, fecondly, after condemnations they might pay daJ J d mages and intereft ( ), and then the corporal was
could not be
*

fatisfted

c.
fo the
1

changed into

a pecuniary

punimment

e
(

).

oftheViihs,

CHAP.
O/
ffo
a/Mr/?."

XX.
the Crimes of their

Book
lit

6.
3-

Pumjhment of Fathers for

4-

5-

China

I
f
(
;

their children.

fathers are punifhed for the crimes of This was likewile the cuftom

Src
fii

at

Peru
1
.

( )

a cuftorn derived
. .

from the notion of

.

hiftory oi

defpotic power. A
Little does
it

the

ci vil

ligniry to lay that in

China the

ra

not having exerted that pater nal authority which nature has eftablifhed and the This ftill fuplaws thcmfelves have improved.
ther
is

puni flied for

pofes that there

is

no honor

among

the Chinefe.

Amongft

whole children are condemned to punimment, and children -f whofe parents have undergone the like fate, are as feverely punifhed by lhame, as they would be in China by the lofs of
us, parents

their lives.

C
Of

II

P.

XXI.

the Clemency of the Pyincc.

(CLEMENCY
^f
tue,
Si

monarchs.
it

is

is the peculiar characlcriftic of In republics whole principle is vir not fo necefiary. In defpotic govern-

Aului Gelrupit, ni cum eo pacit, talio efto. 20. cap. i. f Inftead of punifhing them, fays Plato, they ought to be commended for not followed their father s example. Book
l:us,

membrum

lib.

having

9. cf iai .-s.

ments

O F L A
ments where
fear

S.

135
B
K

predominates, it is lefs cuftomary, becaufe the great men are to be reftrained by examIt is more necefTary in monar pies of feverity.

where they are governed by honor, which requires what the very law forbids. and Difgrace is here equivalent to chaftilement even the formalities of juftice are puniihments. This is becaufe particular kinds of punifhment are
chies,

frequently

formed by fhame which on every

delinquent.

fide

invades the

The

great

mrn

in

monarchies are fo heavily

punifhed by difgrace, by the lols (though often imaginary) of their fortune, credit, acquaintances,

and pleafures, that rigour

lefs.

in ivfpcd: to

them

is

mrd-

can tend only to dived the fubjedl of the affection he lias for the pcrfon ot his prince, ami
It

ot

the refpect he

ought

to

have for public pofts

is

and employments.

As

the inftability of the great

natural
is

to

defpotic government, fo their fecurity with the nature of monarchy.

interwoven

So many
it
;

are the
;

gain by clemency
that
it is

advantages which monarchs fuch love, fuch glory attends

generally a point of happinefs to have

,

an opportunity of exerciflng it which in thefe parts is feldom wanting. Some branch perhaps of their authority, but ne ver hardly the whole will be difputed and if they
:

fometimes fight for

for their
life.

their

crown

they do not fight

But fome may afk, when is and when to pardon ? This is

felt

it

proper to punifh,
is

a point that
is

eafier

than prefcribed.

When

there

danger in the
exercifc

136
D o o K

THE SPIRIT
exercife

\T
Chap. 21

of clemency, the danger is vifible , it is an eafy matter to diftinguifh it from that imbecillity which expofes princes to contempt and to the very

incapacity of punifhing.
()
)
1

The emperor Maurice

ver to
fpill

k
( )

made

a refolution

ne

the blood of his fubjects.

Anaftafiu^

of Si

-.

For-

Ifaac Angelus took an punifhed no crimes at all. oath that no one mould be put to death, during his

reign.
s

Thofe Greek emperors had forgot

that

it

not
rd.

for nothing they were intruded with the

BOOK

O F L A

S.

137

BOOK
Condition of

VII.

of the different Principles of the three Governments with refpeEi tofumptuary La\vs y Luxury, and the

Women.
I.

CHAP.
Of
is

Luxury.
in

LUXURY
inequality

always

of fortunes.

If the

proportion to the riches of a

BOOK

^^

CJnQD

Hate are equally divided, there wil be no luxury ; for it is founded merely on the conveniences ac
quired by the labour of others. In order to have this equal diftribution of riches, the law ought to give to each man only juft what is
necefiary for nature.
If they exceed thofe bounds,

fome will fpend and others wfll acquire, and by this means an inequality will be eftablifhed. Suppofing what is necellary for the fupport of
nature to of thofe
will be

be equal to a given
only what
-

fum, the luxury

barely necelTary,

who have

is

perfon happens to have double that fum, his luxury will be equal to one , he that has double the latter s fubftance, will have a

equal to a cypher

it

luxury equal
there
will

to

three

if this

be

ftiJl
,

doubled,
fo

be a

luxury equal to feven

that
al

the property of the fubfequent individual being

ways fuppofed double

to that of the preceding, the

luxury will increafe double, and an unit be always added,

138

THESF IRIT
i.

BOOK
Chap.

added, in 6 I2 7
3>

this

progreflion,

o,

i,

3,

7,

15,

31,

In Plato

republic *, luxury might have been ex

actly calculated. There were four forts of Cenfus s, The firft was exactly the term or rates of eftates.

beyond poverty,
triple,

the fecond

was double, the third

the fourth quadruple to the firft. In the firft Cenfus luxury was equal to a cypher \ in the fecond
;

to one, in the third to two, in the fourth to three

and thus

an arithmetical proportion. Confidering the luxury of different nations with it is in each ftate in a com refpeel to one another,
it

followed

in

pound proportion
ii

to the inequality

of the fubjects

tunes,

and

to

the

the different
is

flat-

inequality of the wealth of In Poland, for example, there

;

an extreme inequality of fortunes but the pover ty of the whole hinders them from having fomuch

luxury

as in a
is

more opulent

ftate.

Luxury
it is

alfo in proportion to the populoufnefs

;

of the towns, and efpecially of the capital

in a

fo that

itate,

proportion to the riches of the to the inequJmty of private fortunes, and to

compound

number of people fettled in particular places. In proportion to the populoufnefs of towns, the inhabitants arc filled with vain notions, and actuated
the
trifles

by an ambition of diftinguiming themfelves by If they are very numerous, and moft of -f-. them itrangers to one another, the paffion of dif-

* The firit Cenfus was the hereditary (hare in land, and Plato would not allow them to have in other effedls above a triple of
See bis La~j. s, book ^. the hereditary lhare. f In a great city, Jays the author of the Fable of the Bees, torn. I. to be eileemed p. 133. they drefs above their condition, in order more than what they really are by the multitude. This to a weak perfon is almoft as great a pleafurc as the accomplifhment of his
de/ires.

tinguifhin^

OF LAWS.
tinguifhing themfelves redoubles, becaufe there are
greater hopes of fuccels.

135

BOOK

As luxury infpires thefe hopes, each man afiumes the marks of a fuperior & But by endeavouring thus at diitinccondition.
tion,

^
2.

every one
;

ceafes

as

all

ot

becomes equal and them are defirous of

of.

diftinclion
relpecl,

no

body

is

taken notice

Hence

who
on

antes a general inconveniency. Yhofe excel in a profe/Tion fet what value they pleafe
;

example is followed by people and then there is an end of all proportion between our wants and the means of faWhen I arn forced to go to law, I tisfying them. when I am lick I mud muft be able to fee council
their labour
this
,

of inferior

abilities

be able to fee a phyfician. It is the opinion of feveral, that the afirmbling fo great a multitude of people in capital cities, is an
obltructiGn to commerce, becaufe by this means the inhabitants are no longer within a proper diftance

from each other. But I cannot think fo for men have more defires, more wants, more fancies, when
;

they live together.

CHAP.
Of Sumptuary

II.

Laivs in a Dewc
in a

WE
in a

have obferved that

republic where

riches are equally divided, there can be

-,

no

fuch thing as luxury

conilitutes

as this equal distribution the excellency of a republican govern

it

and

ment, hence

follows that the

lefs

luxury there

is

republic, the more it is perfect. none among the old Romans, none
,

There was
the

among

La
is

cedaemonians
not quite

and

in

republics where this equality

loll,

the fpirk of

commerce, jnduftry, and

virtue.

T H E
BOOK
z,

virtue, renders every man able and willing to live on n s own property, and confequently prevents the

growth of luxury.

The
infilled
rhr.

laws concerning the

new

divifion of lands

upon

fo eagerly in

fome republics, were of

moil falutary nature.

only as they were fudden. r HI fly the wealth and riches

that of others, they

They were dangerous By reducing inftantaneof

fome, and increafing

in the ftate.

form

a revolution in each fa-

miJy, and mutt produce a general one

In proportion as luxury gains ground in a republic, the minds of the people are turned towards their par
ticular interefts.
is

Thofe who

are allowed only

what

neceflary, have nothing to wifh tor but their own and their country s glory. But a foul depraved by

and foon becomes luxury has many other defires an enemy to the laws that confine it. The luxury
\

in

which the garrifon of Rhegio began to live, was the caufe of their malTacring the inhabitants.

No fooner
defires
(^
Fra<r-

were the

Romans

corrupted, than their

became boundlefs and immenfe. Of this we ma y J U( e by the price they fet on things. A pitcher

%
;

memoY
the 36th

of Falcrnian wine
denarii
a barrel

was fold for a hundred

fait
!-.

.an

Diodorus,

quoted by

--m of meat from the Pontus co ft four hundred good cook tour ulents; and for boys no price was reckoned too great.

of

a.

Por*h TO

When

the whole world, impelled by the force of a

gen. in his general corruption,

isimmerfed involuptuoufnefs(
?/

),

aa
l

I irtues and
:cS
b (
)

what muft then become of virtue

Cum

P
Qf
_

W
this

V>

TIT

1U>

maximus

omnium
impetus

Sumptuary Laws
is

in

an

Arijlocracy.

f~

"^

HER

HameiTct

J-

ftituted ariflocracy,

inconveniency in an ill conthat the wealth centers

ia

OF LAWS.
in the

nobility,
;

and yet they are not allowed to

is

141 BOOK.

fpend

for as luxury
it

contrary to the

fpirit

of

moThis &
4.

deration,

muft be banifhed from thence.

government comprehends therefore only people that are extremely poor, and cannot acquire and people that are vaftly rich, and cannot fpend. In Venice they are compelled by the laws to
,

moderation.
their

They
Such

are fo habituated to parfimony,

that none but courtezans can

money.

is

the

make them part with method made ufe of for

the fupport of induftry

women

the mod contemptible of ; fpend freely their money without danger,

whilft thofe

who

fupport them confume their days

in the greateft obfcurity.

Admirable

in this refpedl

were the inftitutions of

the principal republics of Greece. The rich em ployed their money in feftivals, mufical chorus s,
chariots, horfe-races,

and chargeable

offices.

Wealth

was therefore

as

burthenfome there

as poverty.

CHAP.
Of Sumptuary Laws
h

IV.
in

a Monarchy.
"

TACITUS
"

That the SIMMS, a M Demo( ) rib Ger nation, have a particular refpeSf r for riches ; for which reafon they live under the ** one perfon" This mews that government of luxury is extremely proper for monarchies, and that under this government there muft be no fumptuary
.fays,
(

German

"

laws.

As
chies,

riches,

by the very conftitution of monar

are unequally divided, there is an abiblutc Were the rich not to fpend neccflity for luxury.
their

money

freely,

the poor

would

ftarve.

It is

even

42

T H E
tunes

BOOK
Q ha

cven necetfary here that the expences of the rich mould be in proportion to the inequality of for
as \ve have already obferved, ; and that luxury, The augmenta fhould increaie in this proportion. tion of private wealth is ouing to its having deprived

One part of the citizens of their neceflary fupport this muft therefore be reftored to them.

For the prefervation therefore of a monarchical Hate, luxury ought continually to increafe and to grow more extenfive, as it rili-s from the labourer
to
the artificers, to the merchants, to
the magiftratcs, to the nobility, to the great officers

of

ftate,

up

to the very prince

othenvifc the nation will be

undone.
In the reign of Auguflus, a propofal was
in the

made

which was compofed of grave magiftrates learned civilians, and of men whofe
fcnate,
filled with the notion of the primitive times, to reform the manners and luxury of women. c It is curious to fee in Dio, with what art this ( )

Roman

heads were
Dio.
1

lib"

4.

ienator-.

P rmce eluded the importunate follicitations of thofe This was becaufe he was founding a
in the fenate

monarchy, and diflblving a republic. Under Tiberius thc^diles propofed

Tacit.
r

the re-efbblifhment of the ancient fumptuary laws fhih prince, who did not want fenfe, oppofed ( ).
in

the prefect fit nation of things. bow could the provinces, tree ? ^
hile

How We

could.

were
city ;

we

vzere inhabitants of a Jingle

coyifume the riches of the univerfe, and employ both majiers andflaves in ourfervice." the plainly law that fumptuary laws would not fuit

now we

<c

He

prefent

form of government.

When

OF LAWS.
a propofal was made under the lame em peror to the fenate, to prohibit the governors from carrying their wives with them into the provinces,

143
L}I ^
&.-

When

5.

becaufe of the diflblutencfs and irregularities which C*

followed thofe ladies, the propofal was rejected.

It

was
been
h
(
).

faid,

that the examples of ancient aufterity

there

had
h
>

changed into a more agreeable method of living

They found

was a

neceflity for different

fa

manners.

duritiei

fm
therefore abfolutely neceffary in
allb in defpotic ftates.

Luxury is
chies
;

monar
In the
fliare

and neceffary
it is

former

the

life

people

make of what

of
lib.

liberty they poflcls , in the other it is the abufe they Have make of the advantages of their (Livery. Tingled out by his mailer to tyranni/e over the other

3-

of enjoying to morrow thebleffings of to day, has no other felicity than that of gluttim: the pride, the paflions, and voluptuoufnefs of the
(laves, uncertain

prefent

moment. Hence arifes a very

-

end with luxury

natural reflection. Republics monarchies with poverty ( ).

:

Op
ia

pa-

CHAP.
In
-n-bat

V.
c.rc

ritoramox lbucm -

rus

cafes

Sumptuary

Lws

ufefnl

in

Monarchy.
it was from a republican or from fome other particular circumftances, in the middle of the thirteenth century, fumptuary laws were made in Arragon. James

WHETHER
fpirit
firft

the

his fubjefts

ordained that neither the king nor any of mould have above two forts of difhes

at

a meal,

and that each dim mould be drefled

only

344

T H E
only one way, except
i
.

S
it

BOOK
VII.

Chap. 5. k Con(
)

kl]]ln S

were game of their own

/k\
( )

itution

of James
I. in

In our days fumptuary laws have been alfo ented i n Sweden ; but with a different view from ac r

the

thofeof Arragon.
a

year 1234
larca

Hifpanica p. 4429.

A government may make fumptuary laws with VICW to a bfolute frugality ; this is the fpirit of and the very nature fumptuary laws in republics
-,

o f tne tn n g of Arragon.
i

mews

that fuch was the defign of thofe

likewife

Sumptuary laws may

be
:

made

with a

when a go defign to promote a relative frugality vernment perceiving that foreign merchandizes being at too high a price, will require iuch an exportation
of the

home manufactures, as to deprive them of more advantages by the lofs of the latter, than they can receive from the pofieflion of the former, they
will forbid their being introduced. And this is the fpirit of the laws that in our days have been pailed in

Sweden

*.

Such

are the

fumptuary laws proper

for

monarchies.
In general the poorer a ftate is, the more it is ruined by its relative luxury , and confequently the more occafion it has for relative fumptuary laws.

The

richer a ftate
;

is,

relative luxury

for

the more it which reafon

thrives
it

by its muft take

ft

gee
20.

particular care not to make any relative fumptuary laws. This we mail better explain in the book on commerce ( ) ; here we treat only of abfolute
!

book

luxury.
*

chap. 20.

They have

merchan prohibited rich wines and oilier coftly

dizes.

CHAP.

OF LAWS. CHAP. VI.

Of
the

145

Luxury cf China.

laws may, in fome governments, be necefTary for particular reaions. The people, by the influence of the climate, may grow

S
fo

UMPTUARY

BOOK

numerous, and the means of

fubfifting

may

be lo

uncertain, as to render an univerfal application to agriculture extremely neceflary. As luxury in thofe

is dangerous, their fumptuary laws fhould be very fevere. In order therefore to be able to judge whether luxury ought to be encouraged or profcribed, we fhould examine fir ft what relation

countries

is between the number of people and the fa they have of procuring fubfiftence. In England the foil produces more grain than is neceflary for

there

cility

the maintenance

of thofe

who

cultivate the

land,

and of thofe who are employed in the woollen manu factures. This country may be therefore allowed to have fome trifling arts, and confequently luxury.
In France likewife there is corn enough for the fupport of the hufbandman, and of the manufacturer.
Befides, * foreign trade may bring in fo many neceffaries in return for toys, that there is no danger to

be apprehended from luxury.

the contrary, in China the women are fo and the human fpecies multiplies fo faft, that the lands, though ever fo much cultivated, are
prolific,

On

fcarce fufficient to fupport the inhabitants. Here therefore luxury is pernicious, and the fpirit of

induftry and
republic *.
*

ceconomy

is

as

requifite,

as in

any

They

are obliged to purfue the ne-

Luxury has been here always prohibited.

VOL.

I.

ceflary

THE SPIRIT
BOOK
VII.

Chap.

6.

cefiary arts, c fure

and

to fhun thofe

of luxury and plea-

&

7.

This
"

is

the fpirit of the excellent decrees of the

"

Our anceftors, fays an emperor Chinefe emperors. of the family of the Tangs ^), held it as a max(p) In an ordmance im, that if there was a man who did not work, or a woman that was idle, fomebody muft fuffer cold Father Du
"

"

Halde,

or hunger in the

empire."

And on

this

principle

he ordered an

infinite

number of

monafteries of

(<)Hiflory

of china, it n\*
i

Bonzes to be deftroyed. The third emperor of the one and twentieth Dyq to whom fome precious (tones were nafty ( ), broujiht that had been found in a mine, ordered it
II

n.ifU

Father HaI K

m to ke ^nut P Da with working

So great
people adorn
,

not

for a thing that

chufing to fatigue his people could neither feed

work
;

nor cloath them.

is
r our luxury, fays Kiayventi ( ), that with embroidery the fhoes of boys and
,
,

torn. i.
( )

In a

difcourfe
cited by

employing Father Du fo many people in making cloaths for one perHalde, {Qn t ie wa to p reven t a p;reat many from wanting torn. 2, p. r \ c cloaths r There are ten men who eat the fruits or 4 ,8. the earth to one employed in agriculture ; and is
>
>

;r J

woom

they are obliged to Jell.

,.

/;

Is

this the

means
?

to prefer ve

numbers from wanting

nourifhment

CHAP.
the hiftory of China

VII.
in China.

Fatal Confluence of Luxury

we

find

it

two IN*

fucct-fiive Dynafties,

that

is,

has had twentyit has experi

enced twenty-two general, without mentioning an infinite number of particular, revolutions. The three
firft

Dynafties laded a long time, becaufe they were

3

OF LAWS.
and vigilance, are prevailed in the com of the Dynafties, and failed in the end.
Virtue,
;

147

Boo* fagely adminiftered, and the empire had not fo great an extent as it afterwards obtained. But we may ch , obferve in general that all thole Dynaflies began & 8.
very well.
neceflary in
attention,
thefe

China

mencement
It

was natural,

that emperors

trained

up

in

mi

litary toils,

who had compafTed

immerfed which they had found fo advantageous, and afraid of voluptuoufnefs, which they knew had proved
a family
virtue,
fo fatal to the family dethroned.

the dethroning of in pleafures, mould be fteady to

But

after the three

or four

and

princes, corruption, luxury, indolence, pleafures, poftefs their fuccefibrs ; they muc

firft

paired , their the grandees

themfelves up in a palace ; their underflanding is im life is fhortened the family declines;

,

rife

up

the

eunuchs gain credit

;

none but children

are fet

on the throne

the palace

is at variance with the empire; a lazy fet of fel lows that dwell there, ruin the induftrious part of

the nation ; the emperor is killed or deftroyed by an ufurper, who founds a family, the third or fourth fucceflbr of which goes and (huts himlclf up in the

very fame palace.

CHAP.
Of
many

VIII.

public Continency.

SO
may

lofs

of virtue

are the imperfections that attend the in women, and fo greatly are their

minds depraved, when this principal guard is re moved, that in a popular (late public incontinency
be confidered as the lad of miferies, and
as a

certain

I 48

T H E
certain
8.

P
a

T
in

BOOK
VII

Fore-runner of

change

the confti-

tutlon
is that the fage legiflators of repub have always required of women a parti cular gravity of manners. They have profcribed not only vice, but the very appearance of it. They
it

Chap

&

Hence

lican ftates

have banifhcd even

a

all

commerce of
idlenefs,

gallantry,

commerce

that produces

that renders

the women corrupters even before they are cor rupted, that gives a value to trifles, and debafes

things of importance-, a commerce, in

fine,

that

makes people
in

adl intirely

by the maxims of
perfectly fkilled.

ridicule,

which the women

are fo

CHAP.
Of
tbc
condition or ft ate of
//

IX.
emeu
in different

Go-

iv; uwents.

monarchies

IN
felf

reftraint,

women are fubject to very becaufe as the diftinftion of ranks

thither they repair
in
is

little

calls

them fume

to court,

order to aithe only one

that fpirit of liberty,

which

there tolerated.

The

of

their

charms

himafpiring courtier avails and paflions, in order to ad

as their
;

vance his fortune: and

weakneis admits not

of pride, but of vanity them.

luxury conftantly attends

In defpotic governments

women do

not intro

duce, but are themfelves an object of luxury. They mil ft be in a ftate of the moft rigorous fervitude.

Every one
adopts

follows the

fpirit

of the government, and

in his

own

where

eftablifhed.

family the cuftoms he fees elfeAs the laws are very fevere and
left

executed on the fpot, they are afraid

the liberty

of

OF LAWS.
of

149
Their
L

women mould

expofe them

to dangers.

\
10.

quarrels,

indilcretions,

repugnances,
little

jealoufies,

Qiap

piques, and that art, in fine, which

fouls

have &

of interelling great ones, would be attended there with fatal confequences.

Befides, as princes in thofe countries

make

a fport

of

human of women
them
to

nature, they allow themfelves a multitude and a thoufand confiderations oblige ;

in clofe

keep them

confinement.

In republics women are free by the laws, and conftrained by manners , luxury is banifhed from
it corruption and vk In the cities of Greece, where they were not un der the reftraint of a religion which declares that

thence, and with

even amongft men a purity of morals is a part of virtue ; where a blind paffion triumphed with a boundlefs infolence, and love appeared only in a fhape

which we dare not mention, while marriage was confidered as nothing more than fimple friendfhip*; fuch was the virtue, fimpliciry, and chaftity of

women

in thofe cities,

that in

this

relpect hardly

any people were ever known to have had a better and wifer polity -f.

CHAP.
Of
tbe domeftic Tribunal

X.
among
the Romans.

Romans had no
* In refpecl

particular magiftrates,

like the Greeks, to infpecl the

to true love, Jays Plutarch,
lo<vt,

conduct of
have no

the

women

He fpoke in thing to fay to it ; in bis treat ife on p. 600. the ftile of his time. See Xenophon in the dialogue intitled
Hiero.

f At Athens
the conduct of

there

was a

particular magiftrate

who infpe&ed

women,

women,

5o
VII

THE SPIRIT
The cenfors had not an eye over them but ^ e re ^ f tae republic. The inftitution of
* fupplied the Greeks -)-.
the wife

BOOK W omen.

as over l Chap 10 the domeftic tribunal

the

magiftracy

eftablifhed

among The hufband fummoned

relations,

and

tried her in

This tribunal preand at the fame ferved the morals of the republic time thefe very morals maintained this tribunal. For
their prefence J.
,

it

laws,

decided not only in refpecl: to the violation of the but alto of morals , now in order to judge of

the violation of morals, morals are requifite.

The penalties inflicted by this tribunal, ought to be, and actually were, arbitrary : for all that relates to manners, and to the rules of modefty, can hardly
becompri/.ed under one code of laws.
to regulate

by laws what we owe

It iseafy indeed to others ; but it is

very difficult to comprize all we owe to ourfelves. The domeftic tribunal infpecled the general con but there was one crime, which duct of women
:

befide the animadvert! on of this tribunal, was like-

wiie fubjecl to a public accufation. This was adul whether that in a republic io great a violation tery of morals inrerelled the government ; or whether
-,

the wife

immorality might render the hufband

;

}f,i!ira;i;air.

Romnlu- ini .tu:oil bonk 2 p,

.

thi- trib irwl,

as appears

from Dionyfms
this tribu
the>

f See

in

I. P.

y,

hook 39,

flu

ufl- :li;ir

ade of
:

nal at the time of the

confpin<

v of the

Bacch.m

gave

lite name of confpiracy againil the republic to afTrmhlies in which the morals of \vomen and uere debauched.

young people

It

appears from
that in

D:t,>nj\

ILduam

lib.

z.

that

Romuk

ordinary cafes the huitmid ihould fit as judge in prefence of the wife s relations, but that in grievous crimes he mould determine in conjunction with five of them.
inftitution was,

Hence Ulfian, lit. 6. 9, 12, & 13, diftinguifhes in rcfpecT. to the different judgments of manners, between thofe which he calls important, and thofe which are left fo, graviores, k-viores.

fufpecled

1^

j^

vv

o.

fufpefbed; or whether, in fine, they were afraid left even honeft people might chufe that this crime
fliould rather be concealed,

BOOK
chap.

151
n.

than punKhed.

CHAP.
In

XI.
changed at Rome,

what manner

the

Inflitutions

together with the Government.

bunal, they were alib fuppofcd by the public accufation ; and hence ic is that thde two things fell together with the public morals, and ended with
the republic*.

AS

morals were fuppoft-d by the domeftic

tri

The eftablifhing of perpetual queftions, that is, the divifion of jurifdiclion among the pnrtors, and the cuftom gradually introduced of the pnetors
judging
all affairs themfelves-f, weakened the uie of the domeftic tribunal. This appears by the furprize of hiftorians, who look upon the decifions which

fmgular facts and of pleading.

Tiberius caufed to be given by this tribunal, as as a renewal of the ancient courfe

The eftablifliment of monarchy and the change of manners put likewife an end to public accufations. It might be apprehended left a dilhoneft man, af fronted at the contempt Ihewn him by a woman, vexed at her refufals, and irritated even by her vir The tues, Ihould form a defign to deltroy her. Julian law ordained that a woman mould not be accufed of adultery till after her hufband had been
*
Judicio de moribus (quod antea quidem in antiquii tegibus
abolito,
leg.
1 1
.

tum eraf y non autem freque nta&atur) penitus

de repud.

Cod.

\ Judicia extraordiaaria*

charged

BOOK
Ch-tp

charged with favouring her irregularities-, which limited greatly and annihilated, as it were, this fort

&

\z.

of accufation

*.

Sixtus Quintus feemed to have been defirous of But there needs reviving the public accufation-)-.

very

little reflection

to fee,

that this law

would be

more improper
any other.

in luch a

monarchy

as his, than in

CHAP.
Of
the

XII.
the

Guardianfhip of

Women among

Rowans.

1 IL Roman laws fubjected women to a per petual gunrdiiinfhip, except they were under :ul tlu authority of a hunSand J. This guar dian Ihip was given to the neareft of the male relati
"1

<

ons

and by a vulgar expreffion it i appears they were very much confined. This was proper for a republic, but not at all necelTary in a monarchy
||

That
from

the

women among

the ancient

Germans

were likewife under

ans **.

a perpetual tutelage, appears the different codes of the laws of the Barbari

This cuftom was communicated

;

to

the

monarchies founded by thofe people of a long duration.

*
"

but was not

It

was entirely

aboli:!

"

It i-

a flume,

faid he,
make
his

that fettled be diilurbed by the premarriage:, iliould

if a hulband did not come and complaints to him of his wife s infidelity, he mould be See L-ti. put -A//, convenificnt in manam I iri. \ Ntjit mi hi pal runs oro. who ^ TJie Papian law ordained under Auguflus that women had bore three children ihould be exempt from this tutelage. ** was by the Germans called Mvndeburjium. This

f SixtUi Qmiicus ordained, that

to death.

||

tutelage

CHAP.

OF LAWS. CHAP. XIII.

Of
the punifiments decreed by Emperors again/I the Incontinency of ll omen.

153

Julian law ordained a punifliment againft But fo far was this law, any more adultery. than thofe afterwards made on the lame account,

TH

BOOK
^
,
JI>

a mark of purity of morals, that on the of their depravation. contrary they were a proof The whole political fyftem in refpect to women received a change in the monarchical ilate. The

from being

to oblige them to a queflion was no longer purity of morals, but to punilh their crimes. Tlut new laws were made to punifli their crimes, was owing

to

their

which were not of

leaving thole tranfgrefllons unpunilhed, fo criminal a nature.

The frightful diiTolution of manners obliged in deed the emperors to enact laws in order to put fome (top to lewdnefs ; but it was not their inten
tion
to eftablim a general reformation. Of this the pofitive facts related by hiftorians are a much flronger proof, than all thefe laws can be of the

contrary.

We

may

fee in

Dio the conduct of Au-

guftus on this occafion,

and

in

what manner he

eluded, both in his prsetor s and in his cenlbr s office, the repeated inftances that were made him*,
for that purpofe.

We
*

Upon

their bringing before

him

woman with w-hom he had before carried on an illi hefitated a long while, not daring to approve nor to punilh thefe things. At length recollecting himfelf, feditionsy fays he, have been the cauje of very great evils, let us forget The fenate having defired him to give them. Dio, book 5^.. them fome regulations in refpeft to women s morals, he evaded
married a
cit

young man who had

commerce, he

their

54

T H E
"\Ve
i

BOOK
VII

find indeed in hiftorians very rigid fentences.

*

Cha

P a fi~e ^ n tne
us the
fpirit

rei

the lewdnefs of

g ns f Auguftus and Tiberius againft Tome Roman ladies but by (hewing

:

of thefe reigns, they at the fame time (hew us the fpirit of thofe decifions.

The principal defign of Auguftus and Tiberius was to punifh the diflbJutenefs of their relations. It was not their immorality they punifhed, but a par ticular crime of impiety or high treafon * of their
own
invention, which ferved to promote a refpedl
for majefty, and anfwered their private revenge. The penalty of the Julian law was fmall +. The

emperors

infifted that in pafllng fentence the judges increafe the penalty of the law. This was the fubject of the invectives of hiftorians. They

mould

did not examine whether the women were deferving of punifhment, but whether they had violated the law, in order to punifh them. ne of the moft tyrannical proceedings of Tiberi was the abufe he made of the ancient laws. us ,

When
man

he wanted to extend the punifhment of

Ro

lady beyond that inflicted by the Julian law, he revived the domeftic tribunal J.

Thefc
their petition, by telling them that they fhould chaftife their wives, in the fr.me manner as he did his; upon which they defired him

to

tell

them how he behaved

p:>m

to his wife.

(I

think a very indii-

creet queltion).
inter viros & fceminas vulgatam gravi nomine larfarum religionum appellando, elementiam majorum fuafque ipfe lib. 3. leges egrediebatur, Tucit. Annal. but without mentioning f This law is given in the Digeft It is fuppofed it was only rtlegatio t becaufe that the penalty. of inceft was only Jepcrtatio. Leg.Jiquis viduam, ff. de qusft. Proprium id Tiberio fuit fcelera nuper reperta prifcis verbis
;

obtegere, Tacit. ut exemplo majoI Adulterii graviorem poenam deprecatus,

rum

propinquis

fuis

ultra

duceBtefimum lapidem rcmoveretur,

fuafiu

OF LAWS.
Thcfe regulations
in refpedt to

155
Bo
*

only fenatorian families, but not chap. n, Pretences were wanted to accufe the great, & 14. pie. which were conftantly furnifhed by the diflblute be

women concerned the common peo-

haviour of the
In fine, what

ladies.

I have above obferved, namely that of morals is not the principle of monarchy, purity was never better verified than under thofe firft em

perors-,

and whoever doubts of

it

need only read

Tacitus, Suetonius, Juvenal, or Martial.

CHAP.

XIV.
the Ronu*-

Sumptuary Laws among

lows, and

If we is followed always by luxury. leave the motions of the heart at liberty, how fhall we be able to reflrain the weaknefles ot the mind ?

WE

caufe

have fpokcn of public incontinency, bcit always accompanies, always fol

At Rome, befides the general inftitutions, the cenfors prevailed on the magiftrates to enact feveral particular laws to preferve the frugality of women.
This was the defign of the Fannian, Licinian, and

Oppian
upon

laws.

We

may

fee in

L/ i v
the

k
(
)

the ^^ great

k
)
TAT"

Decad.
1*1*

ferment the

feiiate

was

in,

when

the revocation of the

women infilled Oppian law. The abro

gation of this law is fixed upon by Valerius Maximus as the period from whence we may date the

luxury of the Romans.

fuaftt.

Tacit.

Adultero Manlio Annal. lib. 2.

Italia

atque Africa interdiftum

eft.

CHAP.

156

T H E

CHAP.
Of Dowries
find

XV.
..ntagcs
in
different

Nuptial
Conjiituticr.s.

BOOK T-^V O
VII

WR

ES

ought

to

Chap

JLJ

monarchies

in

order

to

be confidcrablc in enable hufbands

luxury.

to fupport their rank and the

eilabiifhed

In republics,

, they ought to be any at all in defpotic governments, where

where luxury fhould never reign -J-, be moderate but there fhould hardly

women

are in

Tome meafure

(laves.

between

The community introduced by the French laws man and wife, is extremely well adapted to monarchical government-, becaufe the women are

thereby interested in domeftic affairs, and compelled, as it were, to take care of their family. It is lefs fo
in a republic,
it

where

women
in

have more virtue.

But

would be quite abiurd

where the

women

defpotic governments, themfelves generally conftitute a

s

part of the matter

property.

As women

are in a ftate that furnimes Sufficient

inducements to marriage, the advantages which the law gives them over the husband s property, are ot

no fervice to fociety. But in a republic they would be extremely prejudicial, becaufe riches are pro ductive of luxury. In defpotic governments the
profit accruing
fiftence,

and

i.o

from marriage ought more.

to be

mere fub-

all the republics in its time; ordained that dowries fhould not exceed one hundred crowns in money, and five in cloaths, as Strabo obferves, lib. 4.
.:

f Marfeiiles was the wife ft of

CHAP.

O F L A

S.

*57

CHAP.
An
excellent

XVL
in fo fmall

Cuftom of the Sammies.

mud

have produced admirable effects. The young people were all convened in one place, and their conduct was examined. He that was declared the
beft of the whole afTc mbly,

TH

E Samnites

had a cuftom which

BOOK
c
6

a republic, and efpecially in their fituation,

had leave given him to he pleafed for his wife i the perfon that had been declared fecond heft chofe after him ;
take which
girl
!

v k F: and fo on ( j. Admirable inilitution The only recommendation that young men could have on this B^V* occafion, was owing to virtue and to the ii-r vices Damafcedone their country. He who had the greateft fliare nus takcn of thefe endowments, chofe which girl he liked out b eus in th e
(
)
1
>

of the whole nation. Love, beauty, chaftity, virtue, birth, and even wealth itfelf, were all, in fome A nobler, and meafure, the dowry of virtue.
grander recompence, lefs chargeable to a petty ftate, and more capable of influencing both fexes, could
fcarce be imagined.

collection
^

llantinc

Porphyro-

The

Samnites were defcended from the Lacede

:

monians

and Plato, whofe

*.

inftitutes are

only an

improvement of thofe of Lycurgus, enacted very

near the fame law
*

He even permits them to have a more frequent interview with one another.

CHAP.

158

T H E

CHAP.
Of

XVII.

Female Alminiftration.

BOOK
*

TT
J[

Ch

is contrary to reafon and nature that women Ihould reign in families, as was cultomary

among

the

Egyptians

but not that they fhould

firft

govern an empire.

In the

cafe the ftate of their

natural weaknefs does not permit them to have the pre-eminence-, in the fecond their very weaknefs ge
nerally gives
lifications

them more
for

lenity

fitter

and moderation, qua good adminiftration, than

roughnefs and feverity.

government

In the Indies they are very eafy under a female and it is fettled that if the male ifTuc ,

k
(

) Edifying Let-

be not of a mother of the fame blood, the fe males born of a mother of the blood-royal muft fuck And then they have a certain number of cecd ( ).
perfons that
afiift

them
to

coUcd ion. government.

If

this

to bear the weight of the we add the example of

find that they fucceed

England and

Ruflia,

we mall

alike both in moderate and defpotic governments.

BOOK

OF LAWS.
ffiHMHIHHgEXHIBI$^^

159

BOOK
Of the

VIII.

the Corruption of the Principles of three Governments.

CHAP.
General Idea of

I.

this Book.

TH
Of

rally begins

H corruption of each government genewith that of the principles. Ch

n *
"

CHAP.

II.

the Corruption of the Principle of Democracy.

TH
tinct,

principle of

democracy
ipirit

not only when the

but likewife when they fall treme equality, and when every citizen wants to be upon a level with thofe he has chofen to com

is corrupted, of equality is ex into a ipirit of ex

mand

him.

Then

the people, incapable of bearing

have intruded, want to do every thing of themielves, to debate for the fenate, to execute for the magiftrate, and to (trip the
the very power they

judges.

When
fift

this

is

in the republic.

the cafe, virtue can no longer fubThe people want to exercife the

The

functions of the magiftrates \ who ceafe to be revered. deliberations of the fenate are flighted , all reis

fpect

then laid afide for the fenators, and confeIf there

is

cjuently for old age.

no more

refpeft for

old

160

T H E
o ]d a g
e<>

BOOK
K_
\

there will be none foon for parents ; deference to hufbands will be likewife thrown off, and

fubmifiion to mailers.
taint

the

mind

This licentioufnefs will foon and the reftraint of command Wives,

chil

be as fatiguing
dren,
flaves,

as that of obedience.

will

fluke off

all

fubje&ion.

No

longer will there be any fuch thing as manners, or der, or virtue.

We
reafon
**

find in

Xenc-plo>fs

banquet a very lively de-

fcription of a republic in which the people abufed .:.ch gueft their equality. gives in his turn the
1

why
V,

he

is

fatisfied.

"

Content I

am with

fays

Chamides,

becaitfc

of my po\

"

ll

hen I was rub, I

informers,

was

obliged to

pay my court

"

"

kneeing I was more liable to be hurt by them y than capable of doing them harm. The republic conjlantly demanded fome new fum of
to

"

me

and I could

not decline paying.

Since I
-,

am

"

grown
"
<c

poor, threatens me,

orjic

acquired authority I rather threaten others.

no body I can go

<c

their feats

"

"

re I pleafe. The rich already rife from I am a king, I and give me the way. the republic 9 CCY-J btfore a fir.-ir : I paid taxes to new it maintains me 1 am no longer afraid of
: ;

"

Icfing

I hope to
fall

acquire"

The
thofe in
their

people

into

this

misfortune,

when

whom
them

they confide, dcfirous of concealing

own

corruption,

prevent

they fpeak to conceal their own avarice, they inceiTantly

theirs.

To endeavour to corrupt. from feeing their own ambition, to them only of their grandeur
,

flatter

The
ers,

corruption will increaie

among

the corrupt-

and likewife among thofe who are already cor

rupted.

O F L A
rupted.

S.

161
the

The

people

will

money among

themfelves,

public and having added the cj

they will

didribute

BOOK
iap>

j.

adminidration of

affairs to their indolence,

be for adding to their poverty the amufements But with their indolence and luxury, of luxury. nothing but the public treafure will be able to
fatisfy their

We

demands. muft not be furprifed

It is

to fee their

fuffrages

given for money.

:

impofTible to give a great

deal to the people without fqueezing much and to compais this, the Mate out of them

more muft

The greater the advantages they be fubverted. feem to derive from their liberty, the nearer they
draw
to

the critical

tyrants arife,
tyrant.

moment of who have all the

lofing it. vices of a

Petty
(ingle

The

nnfupportable
people lofe
ruption.

fmall remains of liberty foon become a fmgle tyrant darts up, and the ;

all,

even the advantages of their cor

therefore

Democracy hath

two

excefies to avoid,

the fpirit of inequality which leads to ariftocracy or monarchy , and the fpirit of extreme equality, which leads to defpotic power, as the latter is compleated by conqueft. True it is that thofe

who

corrupted the Greek

This was berepublics, did not become tyrants. caufe they had a greater pafTion for eloquence than for the military urt. Befides there reigned an impla
cable hatred in the hearts of the Greeks againft thofe who fubverted a republican government ; and for
this

reafon anarchy degenerated into annihilation,

inftead of being
a

changed into tyranny. But Syracufe, which was fituated in the midft of great number of petty dates whofe government VOL. I. had

162
t>

THfe SPIRIT
c

een changed from oligarchy to tyranny ( ) * fcarce ever mentioned Syracufe which had a fenate Chap a c in hiftory, was expofed to fuch miferies as are the )SecPlutarch m CO nfcquenccs of a more than ordinary corruption.
(

of

Timo- This city continually in a ftate of licentioufnefs

or

Icon and

opprefilon, equally labouring under its liberty and fcrvitude, receiving always the one and the other
Jike

a tempcft,

and notwithftanding
:

its

external

ftrength conftantly determined to a revolution by This city, I fay, had in its the Icaft foreign power bofom an immenfe multitude of people, whofe fate
it

was to have always this cruel alternative, of either giving themfelvcs a tyrant, or of being the tyrant
thcmfelves.

C
Of

II

P.

III.

the Spirit of extreme Equality.

A^

ditlant as

heaven

is

true fpirit of equality

from earth, fo is the from that of extreme

The former does not confift in managing equality. Ib that every body mould command, or that no
one fhould be commanded ; but in obeying and commanding our equals. It endeavours not to be without a matter, but that its m afters mould be
none but
its equals. In the ftate of nature indeed,
i

all

men

are

born

equal

but they cannot continue

in this equality.

It was that of the fix hundred, of whom mention is made by Diodorns. f Upon the expv.Kmn of the tyr.ints they made citizens of which produced civil wars, Ariftct. Grangers and mercer; nr,
,

P lit. .pie having been the caufe of the victory jj. tap. over the Athenians, the republic was The changed, ibid. cap. 4. of two y -UIIQ magiftratcs, one of whom carried off the paflion other s boy, and in jevcnae the other debauched his wife, was atlil>.

nded \vithachange

in the

form of this republic,

ibij. lib. 7. cap. 4.

Society

163 K makes them lofe ir, and they recover it ^ means of the laws. only by Ch.j..&-. Such is the difference between a well regulated
Society

OF LAWS.

democracy, and one that is not fo, that former men are equal only as citizens, but
latter they are

in the
in. the

equal alfo
as

as magiftrates, as fenators,

as judges,

as fathers,

hufbands, or as matters.

The
but
it

natural place of virtue is near to liberty ; is not nearer to extreme liberty than to

fervitude.

CHAP.

IV.

Particular Caufe of the Corruption of the People.

fuccefs, efpecially when chiefly owing the people, fwells them fo hi ^h with pride, that it is impoffible to manage them. Jea lous of their magiftrates they foon become icalous
I

GREAT
to

like wife of the enemies to thofe that magiftracy govern, they foon prove enemies alfo to the conftitution. Thus it was the victory over the Perfians
,

obtained in the ftreights of Salamis thac corrupted the republic of Athens ( d ) and thus the deieat of
-,

Ariftot.

the Athenians ruined the republic of Syracufe ( e ). Marfeilles never experienced thofe great tranfi-

\*)

ibid.

from lownefs to grandeur this was owing to the prudent conduct of this republic, which always
tions
:

preferved her principles.

CHAP.
Of

V.

the Corruption of the Principle of Ariftocracy.

RISTOCRACY

is corrupted if the of the nobles becomes arbitrary power 2 when

:

164

T H E
this is
c

T
longer be any
it

DOCK w hen
Chap
i

the cafe there can no

in the

v rtue either

governours, or the governed.

is

If the reigning families obferve the laws,

monarchy with
nature one of the

feveral

monarchs, and
the laws.
it

in

its

own

mod

excellent-, for almoft all thefe

inonarchs are tied

down by
them,

But when
defpotic flate

they do not obferve

is

governed by
In this
nobles.

a great

laft cafe

The

many defpotic princes. the republic confifts only in the body governing is the republic , and
is

the

body governed

the defpotic flate;

which forms

two of the

rnoft heterogeneous

and divided bodies

in the world.

The extremity of corruption is when the power Becomes hereditary*-, for then they of the no
;

can hardly have any moderation.

If they are few in

number,
lefs
lets,
,

their

power

is

greater,

but their fecurity

is

if

they are a larger number, their power

their

and

fecurity

greater

infomuch that

power goes on

increafing, and fecurity diminifhing, to the very defpotic prince whofe head is encir cled with excels of power and danger.

up

The great number therefore of nobles in an here ditary ariftocracy renders the government lefs vio but as there is lefs virtue, they fall into a lent
:

fpirit

of fupinenefs and negligence, by which means the flate lofes all its ftrength and activity

An
its

ariftccracy may conftitution, if the

maintain the full vigor of laws be fuch as are apt to

fenfible

render the nobles

fatigues,
*

more

of the

perils
j

and
if

than of the pleafure of

i=

command

and

The

ariftocracy
is

changed into an oligarchy.

belt corrected

f Venice
its

one of thofe republics that has

by

laws the inconveniencies of hereditary ariltecracy.

the

O F L A
the government
is

S.

165
have fomeits

in fuch a fituation as to

"

K
6.

thing to dread, while fecurity fhelcers

tedtion,

under

pro- chap.

and uncertainty threatens from abroad. As a certain kind of confidence forms the glory and {lability of monarchies, republics on the con A fear trary muft have fomething to apprehend *.

of the Perfians fupported the laws of Greece. Car thage and Rome were alarmed, and ftrengthened by each other. Strange, that the greater fecurity
thofe dates enjoyed,
ters,

the more,

like ftagnated
!

wa

they were fubject to corruption

CHAP.
Of

VI.

the Corruption of the Principle of Monxrc,

AS
of

democracies are deftroyed when the people

defpoil the fenate, the magiftrates, and judges their functions ; fo monarchies are corrupted
the prince infenfibly deprives locieties or cities In the firft cafe the multitude
;

when

of their privileges.

ufurp a defpotic power

in the fecond

it is

ufurped

by
"

a fingle perfon.
"

The deduction of
to this
like
:

the

Dynafties

cf T/in and
"

Solii"
"

SAYS A CHINESE AUTHOR,

the -princes injlead of

^as

owing
it
tc

confining

themfehes
tion,
(C

their anceftors to a general infpec-

the only one worthy of a fovereign,

wanted
f

to

govern every thing immediately by themfehes ( The Chinefe author gives us here the caufe of the
corruption of almoft
*
Juftin
all

Corn (^
^J-\vorks

)."

monarchies.

made un
der the
Tl/,/,0^ re-

attributes

the extindlion of Athenian virtue to the

death

of"

Epaminondas.
in

Having no
feafts,

further

emulation, they (ated by

q-uam caftra father

fpent their revenues

uifentes.

frequentitu caenam,

Then
1.

it

was that the Macedonians emerged out of

)uHa!

obfcurity,

6.

Monarchy

i66

T H E
Monarchy
is

BOOK
Chap 6

&

7.

deftroyed, when a prince thinks he ews a greater exertion of power in changing, than in confoiming to, the order of things-, when he

deprives fome of his fubjects of their hereditary employments to beftow them arbitrarily upon others and when he is fonder of being guided by
-,

fanry than judgment.

Monarchy

is

deftroyed,

when

ing every thing entirely to himfelf,

his capital, the capital

the prince, direct calls the ftate to

to his court,

and the court

the prince

to his

own

perfon.
is

Monarchy

deftroyed, in fine,

when

miftakes his authority, his fituation, and the love of his people ; and when he is not fully perfuaded
that a

monarch ought

to think himfelf fecure, as a

defpotic prince ought to think himielf in danger.

CHAP.
The fame

VII.

Subjefi continued.

THE
firft

principle of monarchy is corrupted, the firft dignities are marks of the fervitude, when the great men are ftripped of

when

popular rd]
It is ftiJI

>cl,

and rendered the low tools of

is fet

ar

bitrary power.
in contradiction to honors,

more corrupted, when honor and when men

up

are capa

ble

infamy

of being loaded at the very fame time with * and with dignities.
it

Under the reign of Tiberius ftatues were creeled to, and which debafed triumphal ornaments conferred on. informers ihefe honors to fuch a degree, that thofe who had really merited them difdained to accept of them. Fragm cfDio, took 58. taken from the extrafi af virtues and vices, by Conltantine Porphyrog. See
;

O F L A
It is

S.

267
K
,^

B corrupted when the prince changes his juftice into feverity , when he puts like the Roman empe- ha
rors a

Medufa

head on

his

bread *

affumes that menacing and terrible o modus ordered to be given to his llatues

and when he & air which Com;

8.

).

Hero-

Again it is corrupted, when mean and abject fouls grow vain of the pomp attending their ferviand imagine that the motive which induces entirely devoted to their prince, exempts all duty to their country. But if it be true, (and indeed the experience of all ages has fhewn it) that in proportion as the power of the monarch becomes boundleis and immenfe,
tude
,

them to be them from

his fecurity diminifhes;

is

the corrupting this power,

and the altering its very nature, a lefs crime than that of high treafon againft the prince ?

CHAP.
Danger

VIII.

of the Corruption of tbe Principle of

chical Government.

monar

E danger is not when the (late pafles from one moderate to another moderate government, as from a republic to a monarchy, or from a monarchy to a republic but when it preci pitates from a moderate to a defpotic government. Moft of the European nations are ftill governed by principles of morality. But if by a long abufe

TH

See in Tacitus in what manner Nero on the difcovery and punifhment of a pretended confpiracy, bellowed triumphal ornaments Annal book on Petronius Turpilianus, Nerva, and TigelJinus
14.

See like wife

how
i

the generals refufed to ferve, becaufe they

pervnlgatis triumphi infignibus t

contemned the military honors, :. Tacit. Annal. book

*

In this ilate the prince

knew extremely

well the principle

f his government.

of

i68

tt

Hr>I

BOOK
Chap.
9.

o f p Owe r 5 or t he fury of conquefl, defpotic fway fl luu ld prevail to a certain degree ; neither morals nor climate would be able to withftand its baleful

and then human nature would be r xpofed, ibme time at lead, even in this beautiful part of the world, to the intuits with which Ihe has been
influence
:

for

b.ifed in the other three.

C
IL
1 1

H A

P.

IX.

fie Nobility are to defend the Throne.

T Tnglifh nobility buried themfelves with Charles the firft, under the ruins of the

thr

and before that nine, when Philip the ;nd endeavoured to tempt the French with the allurement ot liberty, the crov/n was ccnftamly fupred

by a nobility

who

think

it

an honor to obey

a king, but confider it as the loweil iniamy to fhare the power with the people.

The

houfe of Auftria has ufed her conilant en

;

deavours to opprefs the Hungarian nobility

little

thinking how ferviceable that very nobility would be one day to her. She wanted money from their

country which it had not but took no notice of the men with which it abounded. When a multitude
,

princes fell to a difmembering of her dominions, the feveral pieces of her monarchy fell motioniefs, as it were, one life was then upon the other.

No

to be feen but in that very nobility, who refenting injuries done to their fovereign, and forgetting

thoie done to themfelves,

took up arms to avenge

it

her cauie, and confidcred

as the

higheft glory

bravely to die and to forgive.

CHAP.

OF LAWS.
CHAP.
Of
nt.

169

X.
Govern-

tbe Corruption cf the Principle of defpotic

Other governments are & u. nature corrupt. deftroyed by particular accidents which do violence to the principles of each conftitution ; this is ruined
ts

T
by
tal
it

HE

principle of defpotic

government

is

Tubit is

K
I0j

ject to a continual corruption,

becaufe

Q^

its

own
i

caules
is

intrinfic imperfection, when no acciden impede or corrupt the principles on which

It

maintains

itfelf

therefore only
reli

when

f;

re urn (lances

drawn from

the climate,

gion, f^Uation, or genius ot the people, oblige it to fuliovv fome order, and to admit of fome rule.

By

thefe things
:

its

nature

is

torced without being

;

its ferocity remains changed and tractable only for a time.

and

it is

made tame

CHAP,
Natural
Effefts of the Goodnefs

XL
and Corruption of the

Principles of Government.

WHEN
as

once the principles of government are corrupted, the very beft laws become
:

ciples are found,

bad and turn againft the flate but when the prin even bad laws have the fame effect

good

the force of the principle draws every

thing to

it.

The inhabitants of

Crete ufed a very fingular

me
j

thod, to keep the principal magistrates dependent on the laws i which was that of Infurreffion. Part of the
citizens rofe

( )

Ariilot.

up

in

arms

),

01 put the magiftrates to f ? r book

2.

chap. 10.

170

T H E
flight,
ii.

BOOK
Chap

and obliged them to return to a private life. This was fuppofed to be done in confequence of the One would have imagined that an inftitution Jaw. of this nature, which eftablifhed fedition in order to hinder the abufe of power, would have fubverted any republic whatfoever-, and yet ic did not fubvert that of Crete. The reafon is this *.

When the ancients wanted to expreis a people that had the ftrongeft love for their country, they Our always mentioned the inhabitants of Crete
:

)Repub. country, faid Plato ( ), a name fo dear to the Cretans. lib. 9. They called it by a name which fignifies the Jove of a mother for her children ( e ). the love of (t)Pluf

Now

V.

s
.

treatifc

our country fets every thing right. Hie laws of Poland have likewife
reflion
:

their Infur-

But the inconveniencies thence

Painty
years ought to meddle
i<jith

mew

tnat

arifing tne people of Crete alone were

capable of employing fuch a remedy with fucccfs.

pub-

lie

affairs.

The OJ p-ymnic exercifes eftablifhed amoneft the Greeks, had the fame dependance on the goodnefs of the principle of government. // was tbe Lace"

HRepub.

"

dsmonians and Cretans,

faid Plato

h
(

),

tbat opened

"

tbofe celebrated academies which gave them fo eminent a rank in tbe world. Modefty at firji was

4<

alarmed
Plato
-j- ;

but

it

yielded

to

tbe public

utility"

In
ble

time thefe inftitutions

were admira

as they

had a relation to a very important

objecl,

image

always united immediately againfl foreign enemiee, which was called S \ncrctifnt. Hut. Mor. p. The Gymnic art was divided into two parts, dancing and f In Crete they- had the armed dances of the Curetes ; v.-njiling. at Sparta they had thofe of Caftor and Pollux ; at Athens the armed dances of Pallas, which were extremely proper for thole that were not yet of age for military lervice. Wrellling is the of war, faid Plato, of laws book 7. He commends an

They

tiquity

F L S. 171 K which was the military art. But when vir- B object, fled from Greece, the military art was deftroyed ^h tue np \ & iz. by thefe inftitutions ; people appeared then on the
"

arena, not for improvement, but for debauch. a Plutarch informs us ( ) that the Romans in his

Plyi

time were of opinion that thofe games had been mora Sj m the principal caufe of the flavery into which the thctreaGreeks were fallen. On the contrary, it was the flavery of the Greeks that had corrupted thefe f cnj
,-

exercifes.

In

Plutarch

time

naked

the parks, and the young people with the fpirit of cowardice, inclined them to infamous paffions, and made them
in

righting their \vreftling, infected

(

),

their

f
f"

the

b
(
)

Ibid.

mere dancers.
exercife

But

in

wreftling made the famous battle of I .eucha ( c ).

of

Epaminondas s time the Thebans win the

c
(

Plu-

are very fVw laws which are not good, mora^ while the ftate retains its principles : here I may Table pre1 * // is not the /;apply wli.u Epicurus faid of riches

There

-,

PW

quor, but the vejfel, that

is

corrupted.

CHAP.
Tbefamt

XII.

Subjeft continued.

IN

Rome

the order of fenators.

the judges were chofen at firft from This privilege the Gracchi
:

transferred to the knights

Drufus gave

it

to the

fe

nators and knights ; Sylla to the fenators only ; Cotta to the fenators, knights, and public treafurersj
Csefar excluded the latter
;

Antony mack

decuries

of fenators, knights, and centurions.

tiquity {or having eftablifhed only two dances, the pacific and See how the latter dance was applied to the mili the Pyrrhic.

tary art, Plato ibid.

When

72
3

T H E
When
\

o o K
2

hap.

once a republic is corrupted, there is no portability of remedying any of the rifing evils, but

by removing the corruption and

principles
:

every other correction

is

reftoring its loft either ufelefs or

new

evil.

intire,

the

While Rome preferved its principles power of judging might without any
:
C->

abufe be lodged in the hands of fenators but as foon as this city was corrupted, let the judicial au thority be transferred to whatfoever body, whether
to
to

the fenate,

to

the

knights,

to

the treafur.

two of
,

thefe bodies, to all three together, or to

[

matters Hill went always wrong, any other knights had no more virtue than the fenate, the furers no more than tne knights, and thefe as
as the centurions.

he

trealittle

When

the people of

Rome

had obtained the

pri

vilege of fharingtl. -iftnicy wi:h the Patricians, it was natural to think that t .cii flatterers would im

mediately become arbiters of the government. But no fuch thing ever happenrd. It was obfeivable
that the very people who had rendered the plebeians capable of public offices, conftantly fixe their choice upon the Patricians. Becaufe they were virtuous,
i

they were magnanimous

free,

they had a contempt of power.

and becaufe they were But when

morals were corrupted, the more power they were poficfied of, the lefs prudent was their conduct , till at length U] n becoming their own tyrants and
their

Haves, they loft the ftrength of liberty to fall into the weaknefs and impotency of licentioufnefs.

H A

OF LAWS.
CHAP.
"The

XIII.

Effett of

an Oath among a virtuous People.

is

THERE
people, laws.
that

no nation,

fays

Livy

p
(

),

that
.

BOOK

has been longer uncorrupted than the RoChap. 13. mans-, no nation where moderation and poverty (p)Booki.

have been longer refpec~led. Such was the influence of an Oatb

among

thefe

nothing bound them ftronger to the They often did more for the obfervance of an oath, than they would ever have done for the

third of glory or for the love of their country.

When

Quintius Cincinnatus the Conful wanted

"

army in the city againft the JEqui and the Volfciy the tribunes oppofed him. IVell^ faid tc he, let all thofe who have taken an oath to tbe
to raife an
it

ners

Conful of the -preceding year^ march under my Ianq In vain did the tribunes cry out that (
)."

(<j

Livy
3-

was no longer binding and that when they Book made it, Quintius was but a private perfon. The people were more religious than thofe who pretended
this oath
;

to direct

them; they would not

the

Men

to the diftinc-

tions or equivocations of the tribunes.

When
the Sacred

Mount

fame people thought of retiring to , they felt an inward check from

r

the oath they had taken to the Confuls, that they would follow them into the field ( r ). They entered

(
i>

I
(

then into a defign

dropped

it,

of killing the Confuls ; but when they were given to underftand

would ftill be binding. it is eafy to judge of the notion they entertained of the violation of an oath, by the crime they intended to commit.
that their oath

Now

After

BOOK
V
1 1

7 4.

T H E
T
"

After the battle of Canns, the people were fVized

a P a c ^iat they wanted to retire to Si But Scipio having prevailed upon them to fwear they would not ftir from Rome the fear of
l

Chap

cily.

violating this oath furpafied all other apprehenfions. Rome was a fhip held by two anchors, religion and

morality, in the midilof a furious tempeft.

CHAP.
JIciv the fmallejl

XIV.
is

Charge in the Conftitution with tbe Ruin of its Principles.

attended

us *, that there was this inconveniency at Car thage in the fecond Punic war, that the fenate had loft almoft all their authority. We are informed by

RISTOTLE

mentions the

city

of Car
Polybius

thage as a well regulated republic.

Livy that when Hannibal returned to Carthage, he found that the magiftrates and the principal citizens had abufed their power, and converted the public revenues to their own emolument. The virtue
therefore of the magiftrates, and the authority of the fenate both fell at the fame time j and all was

owing

to the

fame

caufe.
effects

l-.very

one knows the wonderful

of the
a time

cenforfhip

among

the

Romans.
,

There was

( )

See
zth

Ch

grew burthenfome but ftill it was fupported, becaufe there was more luxury than corruption. Claudius ( ) weakened its authority, and by this rneans c ie corruption became greater than the luxury, and the cenforfhip dwindled away of itfelf -f.
it

when

About

a hur.drcd years after.

The
d

trib-jurs

% d their e
;

hindered them from making the cenfus, and Ve Cicero to Atticus, Book 4th, Let-

.-

CHAP.

OF LAWS. CHAP. XV.

Sure Method of preferring the three Principles.
Shall not be able to

175

flood,

till

make myfelf rightly underthe reader has perufed the four fol-

BOOK
,

Chap. 15,

lowing chapters.

&

16.

CHAP.
is

XVI.

Dtftinflive Properties of a Republic.

IT

territory

natural to a republic to have only a fmall otherwile it cannot long fubfift. In ,

a large republic there are men of large fortunes, and confequently of lefs moderation there are
;

tco great to be placed in any Tingle fubjecl: ; he has interefts of his own ; he foon begins to think that he may be happv and glorious, byop\t,
trufLs

preiTing his fellow cieizens , and that he may raife himfelf to grandeur on the ruins of his country.

In a large republic the public good is facrificed to a thoufand views , it is fubordinate to exceptions ; and depends on accidents. In a fmall one, the intereft of the

public

is

eafier perceived,

better un-

derftood, and

more within
lefs

zen

abufes have a

the reach of every citi extent, and of courfe are

lefs protected.

owing

long duration of the republic of Sparta was its having always continued in the fame extent of territory after all its wars. The fole aim
to
liberty
,

The

of Sparta was

and the

fole

advantage of

its

liberty, glory.

It

THE SPIRIT
BOOK
Chap
jt

was the

fpirit

of the Greek republics to be

&

17.

contented with their territories, as with their 16 as Athens was firft fired with ambition and laws.

gave it to Lacedremon but it was an ambition ra ther of commanding a free people, than of govern
,

ing flaves rather of directing than of breaking the All was loft upon the ftarting up of mon union.
-,

archy, a government whole

increaie

fpirit is

more turned

to

and advancement.

Excepting particular circumfhnce *, it is diffi cult for any other than a republican government to fubfifb long in a fingle town. prince of fo petty

a ftate

would naturally endeavour to opprefs his fubjecls, bccauie his power would be great, while the means of enjoying it or of caufing it to be lv very inconfiderable. The conrefpected, would fequenee is, he would trample upon his people. On
the other hand, inch a prince might be eafily crufhed by a foreign or even by a domdlic force ; the peo

ple

might every

inltant unite

and

rife

up

againfl

him.

Now
it

as foon as a prince
is

expelled, the quarrel

of a fmgle town is overj but if he has many

towns,

only begins.

H A

P.

XVII.
Monarchy.

Dtfltnffrus Properties of a

ftate ought to be of a moderate extent. Were it fmall, it \vould form itfelf into a republic were it very
:

A
*

MONARCHICAL

large, the nobility, poflefTed of great eftates, far

from

As when a petty fovcrcign fupports himfelf betwixt two great powers by means of their mutual jealoufy ; but then he has only a precarious exigence.

the

OF LAWS.
the infpection of the prince, with a private court
!5

177
K
T
\

and fecure moreover from fudden chap. executions by the laws and manners of the country, fuch a nobility, I fay, might throw off their allegi
ance, having nothing to fear from too
diftant a punifhment.

of their own,

How and

too

Thus Charlemain had fcarce founded his empire when he was obliged to divide it whether the D
;

or governors of the provinces refilled to obey whether in order to keep them more under fubjection there was a necefTity of parcelling the empire
,

into feveral

kingdoms.
his

After the deceafe of Alexander

divided.

How

was

it

poffiblc for thofe

empire was Greek and

Macedonian chiefs, who were each of them free and independent, or commanders at lead of the vic torious bands difperfed throughout that vail extent
of conquered land,

how was

it

poffible,

lay,

for

them

was difTolved foon after his death; fuch a number of kings, who were no longer under reftraint, could not refume their fetters.

to obey ? Attila s empire

The

fudden eftablifhment of unlimited power

is

a remedy, which in thofe cafes may prevent a diflblution: but how dreadful the remedy, that after the

inlargement of dominion, opens a new fcene of

mifery
!

The rivers haften to mingle their waters with the fea

and monarchies
lofe

-,

themfelves indefpotic power.

CHAP.

XVIII.

Particular cafe of the Spanijh Monarchy.

LE

T
I.

not the example of Spain be produced

againft

me

it

rather proves

what

I affirm.

VOL.

To

78
io.

T H E
preferve
fefelf

BOOK To A/TIT
Cha

America

(he did

what even defpotic

P ower

& 20.

inhabitants.

(lie deftroyed the her colony, fhe was oblig ed to keep it dependent even for its fubfiftence. In the Netherlands fhe efiayed to render herfelf

does not attempt,

To preferve

arbitrary

abandoned the attempt, the one hand the Walloons would not be governed by Spaniards, and on the other the Spanifh foldiers refufed to fubmit
-,

and

as foon as fhe

her perplexity

increafed.

On

Seethe to
(<)

Walloon
j n j ta ]y
,

officers

c (

).

hiftorypf the United Pro-

ft^ maintained her ground, merely

,

cxhauiting herielr and by enriching that country, vinccs, by For thofe who would have been glad to have got HT C T rid of the king of Spain, were not in a humour to
CIerc *

r ir

it

by

c f reiule his gold.

i

H A

P.

XIX.

fiippofes a defpotic authority It is necefiary perfon that governs. that the quicknefs of the prince s refolutions fhould fupply the diftance of the places they are fent to i

Biftinflwc Properties of a defpotic Government.

Large empire
in the

that fear fhould prevent the carelefihefs of the re or magiftrate , that the law mould mote

governor be derived from a fingle perfon, and fhould change

its

continually according to the accidents which inceffantly multiply in a ftate in proportion to

extent.

C
it

II

P,

XX.

Confequexce of the preceding Chapters.

IFdates to be governed
ones to be
pires to be
fubjecl: to a

be therefore the natural property of fmall as a republic, of middling

monarch, and of large em fwayed by a defpotic prince ; the confequence

OF LAWS.
that in order to preferve the principles fequence of the eftablifhed government, the ftate muft be
is,

179
B
K

ap

21

in the extent it has acquired, and that the fpirit of this (late will change in proportion as it contracts or extends its limits.

fupported

CHAP.
Of
I

XXI.

the

Empire of China.
this

finifh

book,
be

(hall

anfwer

an BEFORE

objection that

may

made

to

what has

been here advanced.

Our

mifllonaries

tell

us that the vaft empire of

China has an admirable government, in which there is a proper mixture of fear, honor, and virtue. Confequently I muft have given an idle diftinction, in
eftablifhing the principles of the three governments.

But

cannot conceive what

this

honor can be

among

people that will not do the lead thing with

*.

out blows

Again, our mercantile people are far from giving us any idea of that virtue fo much talked of by the miffionaries
,

we need only

confult

them

in relation to
e
e
(

the robberies and extortions of the Mandarines

( ).

Among

other s D* Befides, Father Parenwit* letters concerning the s

emperor

princes of the blood

pleafure, plainly

proceedings againft fome new converted f incurred his dif( ) who had

a*jjfn.
f

( )

Of the

mew

us a continued plan of tyrang

ny, and inhuman injuries committed by rule, that ma,Edify~ in g Lct is in cool blood.

We have likewife Monfieur de Mairan s, and the collection, fame Father Parennin s letters on the D Government of I find therefore that after fome China. pertinent queftions and anfwers, the whole wonder vanimes.
*
It is

the cudgel that governs China, fays Father du Halde.

Might

i8o

T H E
Mieht not our

BOOK
VIII Chap. 21.

mifllonaries

have been deceived

^7 an Appearance of order ? Might not they have been ftruck with that continual exercife of a fmgle perfon s will, an exercife by which they themfelves
are governed, and which they are fo pleafed to find in the courts of the Indian princes becaufe as they go thither only in order to introduce great changes,
it is

much

eafier to

are

no bounds to

their

convince thofe princes that there power, than to perfuade the

people that there are none to their fubmifiion* ? In fine, there is tY^vemly Ibme kind of truth

even

It may be themfeh owing to par and p rluips very fingular circumilances, that the Chinde government is not fo corrupt as one might natui\il y expect. The climate and Ibme other

in errors

ticular,

phyfical c aufes may, in that country, have had fo flrong an influence on the morals, as in fume meafure to produce wonders.

The climate of China is furprizingly favourable The wo to the propagation of the human fpecies. men are the mod prolific in the whole world. The
barbarous tyranny can put no ftop to the proThe prince cannot lay there grefs of propagation. like Pharaoh, Let us deal i. left tbey
nmlil"

mod

He
that

would be rather reduced

all

to

Nero

wifh,

mankind had

but one head.

of tyranny, China by the force of its and will triumph over the tyran always pop
,

In fpite climate will be

nical oppreflbr.

China

like all
is

other countries, that live chiefly

upon

rice,

fubject to frequent ianiir..

When

* See in Father Availed them ndarines, who felves of the authority o; t the laws of the country, no foreign cor arcd, worCjip could be eliablifhcd in the empire.

the

O F L A
the

S.

181
K
21.

B people are ready to ftarve with hunger, they in order ro feck for nourifhment; in condifpede chap. are formed fequence of which, fmall gangs of robbers

on

all

fides.

Molt of them
others fwell,

very infancy;

are extirpated in their and are likewife fup-

yet in fo great a number prefled. diftant provinces, fome gang or other may
to

And

of fuch

happen

meet with

fuccels.

In

that

cafe

thfy maintain

their

ground, ftrengthen

their party,

form them-

felves into a military body,

capital,

march

flraic

up

to the

and

their leader alcends the throne.

From
ftration

is

the very nature of things, a bad adminiThe want here immediately punimed.

of fubfiftence in fo populous a country, produces 1 he reafun fudden dilbrders. why the redrefs of
abufes
is

in other countries
is

attended with fuch dif

ficulty,
felt
;

becaufe their effects are not immediately the prince is not informed in fo fudden and

fenfible a

manner
if

as in

China.
is
ill,

The emperor
princes, that in the other
life,

of China

he governs
lefs

not taught like our he will be lefs happy

lefs

potent and

rich in this.

He

government is not good, he will be ftript both of empire and lire. As China grows every day more populous notthat if his

knows

withftanding the expofing of children, the inhabi tants are inceiTantly employed in tilling the lands
for their fubfirtence.

This requires
in

very

ex

the government. It is their perpetual concern that every body mould be able to work without any apprehenfion of being

traordinary attention,

deprived of the fruits of his labour. Confequently this is not fo much a civil as a domeftic government.

Such

oz

inr^orirvii
Such has been the origin of thofe regulations wmc h nave been fo greatly extolled. They wanted
to

3ooK
hap. 21.

make
,

power
all
its

but whatever
force.

the laws reign in conjunction with defpotic is joined with the latter lofes

In
its

vain did

labouring under
fettered
;

own

it

come
ple
is

ftill

armed itfelf more terrible.

this arbitrary fway, misfortunes, defire to be with its chains, and is be

China

is

fear.

therefore a defpotic ftate, whofe princi IVrhaps in the earlieft dynafties, when

the empire had not fo large an extent, the govern ment might have deviated a little from this fpirit :

but the cafe

at prefent is otherwife.

BOOK

O F L A

S.

183

BOOK
Of Laws

IX.

in the relation they bear to

en clef five Force.

CHAP.
a republic
is

I.

In what manner Republics provide for their Safety.

fmall,
it is

IFforce

if it

be large,

it is

deftroyed by a foreign ruined by an internal

BOOK
IX

imperfection *. To this twofold inconvenience both Democracies

and Ariftocracies
ther they be
itfelf

good or bad.

are equally liable, and that whe The evil is in the very
it.

thing

and no form can redrefs

It is therefore

very probable that mankind would

have been
the

at

government of

length obliged to live conftantly under a fingle perfon, had they not
all

contrived a kind of conftitution that has

the

internal advantages of a republican, together with the external force of a monarchical, government.
I

mean

a confederate republic.

This form of government is a convention by which feveral fmall dates agree to become members
of a larger one which they intend to form. It is a kind of afiemblage of focieties, that conftitute a new one, capable of increafing by means of new
afibciations,
till

they arrive to fuch a degree of power,

potentite,

* Fato

non fud

<ui

nix<e.

Tacit.

as

BOOK
Chap.
i.

as to

be able to provide

for

the iecurity

of the
fo

united body.
It

was thefe aflbciations that contributed

long

to the profperity of Greece. By thefe the Romans attacked the univci ic, and by thefe alone the univerfe

withflood them

for

when Rome was

it

arrived

to

her higheft pitch of grandeur,

tions behind the

was the

aflbcia

Danube and

the Rhine, aflbciations

that enabled the

formed by the
!
.

terror of her arms,

11

b.i

ruins to refill her.

lorn hence
S\vils

and the

proceeds that Holland, Germany, Cantons, are confidered in Europe as

it

perpetual republics.

The

aflbciations

of

cities

were formerly more

neceflary

than

in

our times.

weak

defencelefs

town was
queft
it

cxj-.ofed

was

to greater dangers. deprived not only of the

By conexecutive

and
of

legiflative

power,

as at prefent,

but moreover

property -f~. republic of this kind able to withftand an ex ternal force, may fupport itfelf without any inter

all

human

nal corruption
all

the

form of

this fociety

prevents

manner of
If a fin gle

inconveniencies.

fhould attempt to ufurp the he could not be fuppofed to have fupreme authority, an equal authority and credit in all the confederate
dates.

member

Were

one, this would alarm the a part, that which would

he to have too ^2 great an influence over reft , were he to fubdue

ftill

remain

free,

might

which he oppofe him with forces independent of thofe

*
It is

the United Provinces

competed of about fifty different republics. by M. Janiflbn.

liberty, goods, wives, children,

State of

Civil

and even temples,

burying places.

had

O F L A
be
fettled in his ufurpation.

S.

had ufurped, and overpower him before he could

Should a popular infurrection happen
the confederate ftates,
ic.

BOOK
*

185

CJia

in

one of &

z.

the others are able to quell Should abufes creep into one part, they are re

formed by thofe that remain found. The itate may be deftroyed on one fide, and not on the other ; the confederacy may be difiblved, and the confe
derates preferve their fovereignty.

lics,

government is compofed of petty repub enjoys the internal happinefs of each , and with refpect to its external fituation, it is pofieiTed
this
it

As

by means of

the aflbciation,

of

all

the advantages

of large monarchies.

CHAP.
Kind.

II.

That a confederate Government ought to be compcfcd of ftates of the fame nature, efpecially of the republican

Canaanitcs were deftroyed, by reafon they were petty monarchies that had no uni on nor confederacy for their common defence And

HE

indeed a confederacy of petty monarchies.

is

not agreeable to the nature

As
of

the confederate republic of

Germany

confifls

free cities,

and of petty

ftates fubject to different

princes, experience mews us that it is much more imperfect than that of Holland and Swiiferland.

The

fpirit

of dominion
a republic.

of monarchy is war and enlargement peace and moderation is the fpirit of

:

Thefe two kinds of government cannot

naturally fubfift in a confederate republic.

Thus

186

T H E
Thus we
obferve
\

S
in

P
the

T
hiftory,

BOOK
Cha

Roman

that

w ^ en

had chofen a king, they were im mediately abandoned by all the other petty repub Greece was undone as foon as the lics of Tufcany.
tne Veientes

kings of Macedon obtained a

phiftyons. The confederate republic of

feat

among

the

Am-

Germany, compofed

of princes and
chief,

who

is

towns, fubfifts by means of a in fome reipe<5ts the magiftrate of the

free

union, in others the monarch.

CHAP.
Other
rcqiiifites in

III.

a confederate Republic.

the republic of Holland one province cannot conclude an alliance without the confent of the

others.

This law, which

in a

is

an excellent one and

is

even neceflary
in the

confederate republic,

wanting

Germanic

conftitution,

where

it

would pre
whole

vent the misfortunes that

may happen

to the

confederacy, through the imprudence, ambition, or avarice of a fmgle member. republic united by a political confederacy, has given itfelf intirely up, and has nothing more to refign.

It is difficult for

the united ftates,

to be all of
a

an

bo equal extent

H-

and power. The Lycian ( was an afibciation of twenty three towns

)
;

republic the large

ones had three votes in the

common

council, the

Dutch republic
r

The middling ones two, and the fmall towns one. confifts of feven provinces, of differ

v
)

Srrabo
4-

ent extent of territory, which have each one voice. The cities of Lycia ( b ) contributed to the expences

of the
frages.

ftate,

The

according to the proportion of fufprovinces of the united Netherlands

cannot

OF LAWS.
cannot follow
this

187
*
"

proportion

they fnuft be directed

by

that of their power. c In Lycla ( ) the juJges

Chap.

were elected by the

to

common

and town magiftrates council, and according

Ibi

the propcrtion already mentioned. In the re public of Holland they are not chofen by the com mon council, but each town names its magiftrates. Were I to give a model of an excellent confederate

republic,

mould

pitch

upon thatofLycia.
IV.

CHAP.
In

what manner

defpotic

Governments provide for their

ficurity.

AS
fingle.

republics
uniting,

provide

for

their

iecurity

by
fe-

defpotic governments
facrifice a part

do
as

ic it

by

parating, and

by keeping themfelves,

were,

They

of the country,

and

by ravaging and defolating

the frontiers, they render

that the

the heart of the empire inaccefilble. It is a received axiom in geometry,

greater the extent of bodies, the more their circum ference is relatively fmall. This practice therefore

of laying the

frontiers wafte, large than in middling dates.

is

more

tolerable in

A
itfelf

defpotic government does all the mifchief to that could be done by a cruel enemy, whofe
it

progrefs
It

could not

refill.

preferves itfelf likewife

by another kind of

feparation, which is by putting the moft diftant pro vinces into the hands of a feudatary prince. The Mogul, the king of Perfia, and the emperors of

China have
found
their

their feudataries

and the Turks have

account in putting the Tartars, the Moldavians,

j88

T H L
Moldavians,
c,

SPIRIT
V.
provides

BOOK
Chap,

and formerly the Tranfilvanians between themfelves and their enemies.

the Walachians,

&6.

CHAP.
In

what manner a Monarchical Government

for
its Security.

Monarchy never
tic

deftroys itfelf like a defpo-

government.
is

But

kingdom of
:

derate extent

liable to

fudden invafions

It

mo mud

and troops of ground

obllinacy.

therefore have flrong holds to defend its frontiers ; to garrifon thofe holds. The leaft fpot
is

difputed with art, with courage, and fXlpotic Rates make incurfions againft
it

one another

is

monarchies only that wage war.

FortrelTes

governments

an- proper for monarchies ; defpotic are afraid of them. They dare not in-

truft them to any body, for there is no one that has a love for the prince or his government.

CHAP.
Of

VI.

the defenftve Force of States in general.

have fuch an extent, as to admit of a pro portion between the quicknefs with which it may be invaded, and that with which it may render the invafion abortive.

TO
it

preferve a (late in

its

due

force,

it

mull

As

an invader

may
-,

inftantly ap

pear on all fides, it is requifite that the flate mould be able to make on all fides its defence confequently

proportioned to the degree of velocity that nature has given to man to enable him to move from one place to another.
3

mould be of

a moderate extent,

France

O F L A

S.

189

France and Spain are exactly of a proper extent. Book They have fo eafy a communication for their forces, Cha as to be able to convey them immediately to what the armies unite and pafs part they have a mind
,

with rapidity from one frontier to another, without any apprehenfion of fuch difficulties as require time
to remove.
It is

extremely happy for France, that the capital

(lands nearer to the different frontiers in proportion to their weaknefs , and the prince has a better view

of each part of his country

in

proportion as

it

is

more expofed. But when a vaft empire, like Perfia, is attacked, it is feveral months before the troops are able to affemble

and then they cannot make fuch forced of time, as they can for fif If the army on the frontiers is beaten, it teen days. becaufe there is no neigh is certainly difperfed,
,

marches

for that length

The vidtor, meeting bouring place of retreat. with no refiflance, advances with all expedition, fits down before the capital and lays fiege to it, when
there is fcarce time enough to give notice to the governors of the provinces to come to its relief. Thofe who forefee an imminent revolution, haften
it

by

their

difobedience.

For men whole

fide

to the proximity of punimment, are eafily corrupted as foon as it becomes diftant j their aim is their own private intereft.
lity is

intirely

owing

The empire
governors.

is

fubverted, the capital taken, and the

conqueror difputes the feveral provinces with the

The real power of a prince does not confift fo much in the facility he meets with in making conquefts, as in the difficulty an

enemy

finds in attack

ing

THE SPIRIT
BOOK
Chap.
7.
i

n g n i m? anc^ if
f

may

lity

condition.

But the

fo fpeak, in the immutabiincreafe of territory

obliges a government to expofe it may be ateacked.

new

fides

by which

As monarchs wifdom in order

therefore

ought

to be

endued with

to increafe,

they ought likewife to

have an equal fhare of prudence to limit, their power. Upon removing the inconveniencies of too fmall a territory, they ought to have their eye conftantly on the inconveniencies that attend its immo
derate enlargement.

CHAP.

VII.

A Refeftion.
E enemies of a great prince, whole reign was protracted to an unufual length, have very often accufedhim, rather, I believe, from their own fears, than upon any folid foundation, of hav ing formed and carried on a project of univerfal Had he fucceeded, nothing would monarchy.

TH

have been more

jects,

fatal to

Europe, to

his ancient fub

Heaven that tohimfelf, and to his famity. knows our true interefts, ferved him more by
than
it

defeats,
ftead of
it

could have done by victories.

In-

making him the only fovereign in Europe, favoured him more by rendering him the moft

powerful.

The fubjects of this prince, who in foreign countries are never affected but with what they have j
forfaken
;

who on

leaving their

own homes look up

in diftant
;

on glory
tries as

as a fovereign

good, and

coua-

an obftacle to their return

their

who

difpleafe

you even by

good

qualities, becaufe they

feem
to

O F L A
not the
lofs

S.

191

to be joined with an air of contempt ; who are capable of fupporting wounds, perils, and fatigues, but

BOOK
ch
s.

much

of their pleafures ; who love nothing fo as gaiety, and confole themfelves for the lofs

of a battle by finging a ballad on the general ; thofe fubjects, I fay, would never have been able to compafs an enterprize, fo as to render it impoffible
to be defeated in one country, without mifcarrying in all the others , nor to mifcarry for a moment

without mifcarrying for ever.

CHAP.
A -particular Cafe
State
is

VIII.
defen/ive Force of

in

which the

inferior to the offenfive.

that the Englijh are never weaker^ nor eajier overcome than in their own country. The fame was obferved of the Romans ; the fame of the

Charles V. IT

was a faying of the lord of Coucy to king

Carthaginians ; and the fame always will happen to every power that fends armies to diftant countries, in order to reunite by dint of difcipline and military

power, thofc who are divided

political

or civil

interefts.

among themfelves by The ftate finds itfelf

and

weakened by the diforder more fo by the remedy.

that dill continues,

The lord of Coucy s maxim is an exception to the general rule, which difapproves of wars againft di

And this exception confirms likewife the rule, becaufe it takes place only in refpecl to thofe by whom fuch wars are undertaken.
ftant countries.

CHAP,

192

T H E
Of

R
IX.

CHAP.
BOOK
&
Lnap. 9,
10.

the relative Force of States.

A L L grandeur,
/~\ ^ -^
not diminifhed

force, and power are relative. Care therefore muft be taken that in endeareal

vouring to increafe the

grandeur, the relative be

Under
its

the reign of Lewis

XIV. France was

at

higheft pitch of relative grandeur. Germany had not yet fuch great monarchs as it has fince pro duced. Italy was in the fame cafe, England and

Scotland were not yet formed into one united king dom. Arragon was not joined to CaftiJe i the diftant parts of the Spanifh monarchy were weakened by it, and weakened it in their turn and Mufcovy was as little known in Europe, as Crim Tartary.
,

CHAP.
Of

X.

the IVcaknefs of neighbouring States.

a (late

lies

its decline, the former ought to take particular care not to pre this is the happieft cipitate the latter s ruin, becaufe

WHENSOEVER happens
to another that

contiguous

to be in

for

fituation imaginable ; nothing being fo convenient one prince as to be near another who receives

for
it

him

all

the rebuffs and infults of fortune.

And

feldom happens that by fubduing fuch a flate, the real power of the conqueror is as much increafed, as
the relative
is

diminifhed.

BOOK

OF LAWS.
$$$&&$&&$*$&$&&$<

193

BOOK
Of Laws
in

X.
to

the Relation they hear

offenfive Force. JLJ +/

C
Of

II

P.

I.

offenfive Force.

force

is is

law of OFFENSIVE
other.

regulated

by the

COOK

nations,

which

of each country confidered

in its

the political Jaw relation to ever

CHAP.
Of War.

II.

THE The
for their
kill,
life

life

of governments

is

like that
in cafe

latter has a right to kill

;

of man. of na
\

tural defence

the former have a right to

wage

prefervation. In the cafe of natural defence

own

have a
in

becaufe

my

life

is

in refpect to
:

of my antagonift is to him ner a ftate wages war, becaufe like that of any other being.

ris;nt to o me, what the the fame man

is

its

prefervation

Among

citizens the right

cf natural defence

not imply a neceffity of attacking. Inftead of at tacking they need only have recourfe to proper tribu
nals.

They cannot

therefore

exercife

tl

ht of

defence, but in fudden cafes,

when immediate death

for the
afTift-

would be the confequence of waiting O VOL. I.

ance

194

M
But among O
focieties the right of
*

BOOK
Y-

ance o f th e laws.

Cha

natura l Defence carries along with

neceflity

it

fometimes the

&

3.

of attacking-, as for inftance, when one na tion fees that a longer peace will enable another to
deftroy her, and that to attack that nation inftantly is the only way to prevent her own deft ruction.

From

thence

it

follows, that fmall focieties have

oftener a right to declare war than great ones, becaufe they are oftener in the cafe of being afraid of
deftruction.

fPhe
ceflity

ii;;lit

therefore of

war

is

derived from ne

and

lirict juftice.

If thofe

who

direct the
this,

confcience or councils of princes do not hold by

all
is

undone

when they proceed on

ciples of glory, convcniency, and of blood will overfpread the earth.

arbitrary prin utility , torrents

But above
any fuch
glory
is

all,

let

them not
it

avail

themfelves of
:

idle plea as the glory

nothing but pride

his of the prince is a pafTion and not

a legitimate right. It is true the fame of his

power might

increafe

the ftrength of his government , but it might be equally increafed by the reputation of his juftice.

CHAP.
i

III.

Of

the Rigbt of Conquejl.

FROM

queftj which

the right of war comes that of conis the confequence of that right,

and ought therefore to follow its fpirit. The right the conqueror has over a conquered of people is directed by four forts of laws, the law nature which makes every thing tend to the prefervation of the fpecies ; the law of natural reafon, which

O F L A
;

S.

which teaches us to do to others what have done to ourfelves the law that f
cal focieties,

v/hofe duration

e has not

1"

ed

and

in fine the
itfelf.

law derived from th

is

of
,

the thing
fition
ufe,

Conqueft
it

an acquifition

acqui-

carries

with

the fpirit of prefervation and

and not of deftruclion.

A conquered nation is treated by the conqueror one of the four following ways. Either he con
tinues
to rule

them according
,

to

their

o\vn laws,

and aflumes to himfelf only the excrcife of the po litical and civil or he gives them government new political and civil government or he deftroys and die fociety, or in fine, he exterminates
, i

the inhabitants.

ons

The fir ft way is conform now followed the fourth

;

:o the
is

law of nr:ito

more agreeable
:

in the law of nations followed by the Romans fpect to which I leave the reader to judge how far

we have improved upon the ancients. We muft due praife to our modern times, to our prefent
,

r.

our religion, philofophy, and manners. The authors of our public law, guided by an cient hiftories, without confining; themfelves to c. o
to

of drift
by
I

necefiity,

have

fallen inco

reat errc

They have adopted

,
>fmg

tyrannical and arbitrary prir. the conquerors to be inkill-,

know

not what ri^-ht to o

from thence
con
rhe
le

drawn confequences ry principle, and eftablifhed maxims querors themfelves, when pofieiTed of
they have

of ienle, never prefumed to follow.

that

when

has no

It is a plain c the conqueft is completed, the conq longer a right to kill, becaufe he has no

longer

196 B on

THE SPIRIT
K
l

on g er the plea of natural defence and

felf-prefer-

vation
3
.

\VhaL has led them into this miftake, is that they imagined a conqueror had a right to deftroy iiom whence they inferred, that he had the focicty
;

a right to dellruy the men that compofe it-, a wrong For from the coniec]ueme from a falle principle.

dellruclion of the fociety it does not at all follow, that the people who compofe it ought to be alfo

Society deilroyed. the men themlelves

the

is
,

the union of

men, and not

perifh,

the citizen

may

and

man From

remain.
the right of killing in cafe of conquell, podrawn that of reducing to (lavery ; a
is ill grounded as the principle. no UK h thing as a richt of reducing; O O
<^J

liti.

nliv|ii<

There

is

people to ilavery,
for the prefer\

hut

when

it

becomes neceflary

hut
iri

IH

rude,

of the conquell. Prefervation, i: the end of conqueft; though

vitude

may
j

hajvpen lometimes to be a neceflary

means of
J

\en in that cafe

it is

contrary to the nature of

perpetual.

things that the

llavcry

mould be

The

rendered capable of people cnflaved ought to be becoming fubjecls. Slavery in conquefts is an ac \Vhen after the expiration of a cidental thing.
certain fpace of time alf the parts of the conquer itate are connected with the conquered nation,

ing

and by by cuitom, marriages, laws, alTociations,

a certain conformity of fpirit ; there ought to be an For the rights of the conqueror end of the Oavery.

founded

intirely

on the want of

thofe

very

on the eftrangement between the two things, and nations which prevents their confiding in each other.

O F L A W S. A conqueror therefore who reduces the conquered

people to flavery, ought always to referve to ielf the means (for means there are without
her)

197
B o o
chap!
4.
<

him-

3,

num- &

of reftoring them to their liberty.

far

Thefe are
tain notions.

from

being; o

vas;ue o

and

uncer-

Thus our

anceftors acted, thole an

ceftors

laws they
tuofity,

who conquered made in the

,

the

Roman
fire,

empi:
action,

The
impe-

heat of

ibftened

and the pride of victory, were afterwards thole laws were fevere, but they rendered

them impartial. The Burgundians, Goths, and Lombards would always have the Romans continue
a
debald^

but the laws ot conquered people and Rotbaris, made the Romans and Bar
,
i

barians fellow-citizens

q (

).

See the
(<0

Code of

CHAP.
INSTEADright from the
it

IV.

Some Advantages of a conquered Peof

of inferring fuch of conqueft,
fatal

confequcnces
better

much

would

have been for politicians to mention the advan tages which this very right may fomettmes give to
a conquered

people

more

fenfibly,

more

univerfally

advantages which would be felt, were our law

eftablillied

of nations exactly followed, and

the earth.

over

all

Conquered countries are, generally fpeaking, de generated from their original inftitution. Corrup tion has crept in, the execution of the laws has
been neglected,
preffive.

and the government

is

queftion but fuch a (late would be a gainer, and derive fome advantages from the very conqueft itfelf, if it did not prove deftructive ?

Who can

grown op-

When

ir/,
r,

T H E
When
would not

T
A

o o x

a government is arrived to that degree of corruption as to be incapable of reforming itfelf, it

lofe much by being new moulded. Miqueror that enters triumphant into a country,
i.

wh
and
to

the

monicd men have by a thoufand

cs
inll-nfibly pracYifed
h

wiles

innumerable wa.

the miserable people,

into laws, live

who grie-\
;

under opprefTion, a conand think they have no right to complain tuial change, and then
,

.i

i)>

-inny will be the

firil

thing expofed

to Lib iury.
ii,

b;
I-.
n<

mers or
i-.

tiu

for inftancc, countries opprefTed iv\ enues, and eaied afterwards

1
.

-,

who

ither the

engagements

f
s

the

hav,

Even the leguimak- prince. without any intera

fition oi

the conqueror. onetimes the frugality of

.1

h.
.>,

conquering nation conquered thofe neof which they had been deprived under a

them

to allow the

Lwiul

prir,

conqueit
,

if I

may deftroy pernicious prejudices, may prefume to make ufe of the ex-

preflion,
;iat

the nation under a better genius.

good might not the Spaniards have done to the Mexicans ? They had a mild religion to impart u them? but they gave them a mad fuperitition. They might have let ilaves at liberty they made iree men ilaves. They might have undeceived them
;

with regard to the abufe of

human

facrifices

in-

Never fhould ilead of that they deftroyed tliem. I have done, were I to recount all the good they
did not, and
all

the mifchief they did.

It

OF LAWS.
It
is

199

BOOK conqueror s bufmefs to repair a part of the mifchief he has committed. The right therefore chap." c, of conqueft I define thus a ncceiTary, lawful, and & 6.
a
:

unhappy

right,

which leaves always an immenfe

debt to difcharge in order to clear the obligations of

human

nature.

CHAP.
Gekn King of

V.

Syracttfe.

in is, my opinion, that which Gelon made with the Carthaginians. infilled upon their abolifhing the cuftom of facrificing their

TH

nobleft treaty of peace ever mentioned

in

hiftory

1<:

Glorious indeed After having de- ( r ) See M. ). feated three hundred thoufand Carthaginians, he re- Bar h
(
! ,

children

TtlC S

COi-

quired a condition that was advantageous only to themfelves, or rather he ftipulated in favour of hu-

man

nature.

CHAP.
Of
is

VI,

Conquejls

made by a Republic.

IT
a

contrary to the nature of things, that in confederate government one ftate mould
as
in

make any conqueft over another, we have feen in Swiflerland *.

our days

In

federate republics, where the aiTociation fmall republics and fmall monarchies, this

mixt con is between

is

not

fo abfurd.

Contrary it is alfo to the nature of things, that a democratical republic mould conquer towns, which It is cannot enter into the fphere of its democracy.
* With regard to Tockenburg.

necefTary

200
B oo
K

T H E
fettled in

Chan/6.

necefiary that the conquered people fhould be capab\e of enjoying the privileges of fovereignty, as was

The
If

the very beginning among the Romans. conqueft ought to be limited to the number of

citizens fixt for the

;i

democracy.
as fubjects,
it

democratical republic fubdues a nation in

oicler to
lil

govern them
it
It

expofes

its

own

city, bccaulc
rs

intrufts too great a

power

to the

in into the

conquered provinces.

would have been the danger of the republic of Carthage, had Hannibal made himfelf rruifler of K)me ? What would he not have done
great
in his

How

own
>

many

country, had he been victorious, he revolutions after his defeat -j- ?

who
from

II anno could never have difTuaded the fen ate

.ling fuccours to

Hannibal, had he ufed no other

jealoufy.

iimcnt than his

Icnatc,

own

The

Carthaginian

whofe wifdom is fo highly extolled by Ariftotle (and which has been evidently proved by the profperity of that republic) could never have been determined by other than fenfible reafons. They
in i!
:

ft

have been flupid not to

fee,

that an

army

at the

ance of three hundred leagues would necefiarily :pofcd to lolTes that ought to be repaired.
s

Ilanno

party infifted that Hannibal

mould be

Hvered up to the Romans*. They could not at that time be afraid of the Romans , they were
therefore afraid of Hannibal.
It

was impoffible, fome

will fay, for

them

to

ima

But gine that Hannibal had been fo fuccefsful. how was it poflible for them to doubt of it ? Could
f
*

He

was

at the

Han no wanted
to

Cato wanted

head of a fe&ion. to deliver Hannibal up to the Romans, as deliver up Ccefar to the Gauls.

the

O F L A

S. E

201
K

the Carthaginians, a people fpread all over the earth, be ignorant of what was tranfadting in Italy ? No
that reafon they did

v
chnp""-,

they were fufficiently acquainted with it, and for & not care to fend fupplies to

8.

Hannibal.

Hanno became more

refolute after the battle of

Trebia, after the battle of Thrafimenus, after that of Cannre ; it was not his incredulity that increafed,

b uthis fear,

CHAP.
The fame Subjeft

VII.
continued.

THERE
government
flates.
it
is

is

flill

conquefts
is

made by
always

another inconveniency in democracies their

:

odious to

the
:

conquered

It is

much more

but in reality apparently monarchical oppreffive than monarchy, as the

all

experience of
ation

The conquered
;

ages and countries evinces. people are in a melancholy fitu-

they neither enjoy the advantages of a re

is

public, nor thofe of a monarchy. What has been here laid of a popular date,

applicable to ariflocracy.

CHAP.

VIII.

The fame Subjeft continued.

E a republic therefore keeps another nation in (objection, it mould endeavour to repair the inconveniencies arifmg from the nature of its fituation, by giving it good laws both for
the political and civil

WH

government of the people.

We

202

T H E
We
Jitical
8,

T
in

BOOK
y Chin

have an inftancc of an
>

ifland

the

Medi-

terranean

&

9.

and
ifland
*,

fubject to an Italian republic ; whofe pocivil laws in refpect to the inhabitants of

that

amnelty

by which

were extremely defective. The act of it ordained that no one fhould

be condemned to a bodily punifhment in confequence r of the private knowledge of the governor, or-

mata

coufdcyitia,

is

dill recent in

every body
inftarices
:

me

mory.
people

There have been frequent

of the

s here the fovepetitioning for privileges rcign grants only the common right of all nations.

C
Of

II
;;

P.
y

IX.
a MOIL
fubfift before

Conquefts

IV
\vh
It

rchy can lor

its

a
ii

long time
.

it

it

will

become
intire,

iuniikLb

and
tl

its

i\

.\

will

remain

nt
it

up by
not
natural

:ring
to

monarch
at

thei

aim
its
,

yond
f

the
as
it

limits

of

conquefts be As :nment.
is

on
In

has pafltd

it

prudence to
left

flop.
t!

nd of
;

muft be

as

tl
t

.cy
ie

the fame courts of judicature, f..me laws, the fame cufionu, the fame privi-

were found

li

to be no o; the

.iteration

than

that of the

army and of

name of

the fovereign.

cWr-

e
:

in dctta

i.

re

in

a
1

>er-

cnsi arreliare

ed

ir,

.icchcgli
.

o di renderne
6.

;io

foil

the

Amflerdam

Li

When

OF LA W
When
it

S.

its limits monarchy by the BOOK conqueft of fomc neighbouring provinces, it fhould ch an

203
"

has extended

thofe provinces with great lenity. If a monarchy has bjjn a long while endeavour

&

to.

ing at cbnquefts, the provinces of

its

ancient de-

mefne are generally ill -u fed. fubmit both to the new and and to be depopulated by

They
a vaft

are obliged to
;

to the ancient abufes

metropolis that

Now if after having fwallows up the whole. made conquefts round this demefne, the conquered
people were treated like the ancient fubjects, the Hate would be undone , the taxes fent by the con
.1 would never return; quered provinces to the c the inhabitants of the frontiers would be ruined,

and confequencly the frontiers would b cer and the fubfiftence the people would be difa: of the armies defigned to acl: and remain there,
-,

would become more precarious. Such is the necellary (late of

conquering
-,

monarchy
in the

mocking luxury in the provinces fomewhat diitant

-,

capital
,

miiery
in

and plenty

the moft remote.

It is the
;

fame with fuch a monar

fire at the center, verdure chy as with our planet on the fill-face, and between both a dry, cold, and

.u land.

CHAP.
Of
ther.
o.

X.
-iliies
arii.
.

OMETIMES
The
checked by
better
it is

one monarchy fubdues ano

it

fmaller the latter, the better

;

is

fortrelTes

and the larger

it

is,

the

preferved by colonies.

HA

P.

204

T H E
Of
the

R
XI.

CHAP.
BOOK
Fha
1 1

Manners of a conquered

People.
let
\

~TT

is

not fufficient in thofe conquefts to

the

&

12.

it is conquered nation enjoy their own laws perhaps more neceflary to leave them alfo their manners, becaufe people generally know, love, and defend their manners better than their laws.

The French have

familiarities with the
rial
;1
I
.

been driven nine times out of

c
:;

.luf- Italy, becaufe, as hillorinn

i

fay

),

of their infolent
too

-ition

Iliilory.

obliged of conquerors, but

-,

to be

ill-

I: is
i
<r

much

not only with the vviih their incontinence

,

-11

for

and

indifcretion

the;
i

v/itUcut

doubt, moil
t>j

OUS and
infinite out,

int

they are

fource of

c
Of

ii

r.

xn.
ts.

n 1

I from thinking that a good law to oblige the Lydians to which Cyrus It r.iclife none but meaner inlamous profelfions. is true, he directed his attention to what was of the he thought of revolts, and greateft impotence
{

A R am

not of invafions

but invafions will foon conie

-,

for

the Perfians and Lydians unite and corrupt each I would therefore much rather other. fupport by

laws the

implicit}

and rudenefs

ot

the conquering

d
( )

Dionyf.
_

naiion, than the effeminacy of the conquered. d Ariftodemus, tyrant of Cums ( ), ufed all his

]];,licar.
I

minds of youth.

endeavours to baniOi courao;e and to enervate the O He ordered that boys mould let
their

O F L A
grow in they mould deck
their hair

S.
as girls
,

205
that

the lame
it

manner
flowers,

BOOK
.

with

and wear long chap

,

12,

robes of different colours

down

to their heels

that

&

13-

when they went

to

their

matters of

mufic and

dancing, they fhould

carry their umbrello
prefent
s,

have

women

with them to

perfumes, and fans, and to

glaifes

them with combs and looking

when

ever they bathed. This education lafted till the age of twenty ; an education that could be agreeable to

none but a petty

tyrant,
life.

who

expofes his fove-

reignty to defend his

II

P.

XIII.

ALEXANDER.
made
Let ALEXANDER how been and fmce
queit.

a
it

furprizing

con;

us fee

was conducted

enough has

faid

by other writers of

his valour, let us

mention fomething concerning his

prudence. The meafures he took were juft. He did not fet out till he had compleated the reduction of Greece ;

he availed himfelf of this reduction for no other end

than for the execution of his enterprize , and he left nothing, by which he could be annoyed, behind him. He began his attack againfl the maritime provinces
;

he made his land forces keep clofe to the lea coall that they might not be feparated from his fleet , he

made an admirable
bers
;

ufe of difcipline againft

;

num
be true

he never wanted provifions

and

if it

that victory gave him every thing, he, in his turn, did every thing to obtain it. In this manner he carried on his conquefts ; let us

now

fee

how

he preferved them.

He

206
B oo
K
j-j e

T H E
opp O fe( ] thole
a.s

P
h
(

T
treat

who would have had him

),

p / I3
( )

the

Greeks

matters
^~^

and the

Perfians as

This
A
*

flaves.
f

He

thought only of

code
vice.

adPlus

anc^

^ a

^^^ n@ tne diftinctions

,

uniting: the ^^

two

nations,

and a conquered people.

n
, j

of a conquering After he had compleated

.
"L

tardi

victories,
,

Morals, or
the-

for-

taat nad helped

he relinquished all thofe prejudices him to obtain them. He aflumed

,
.
.

tune and
"

^[e

mi^ht not ^^ afflidt them too much by obliging them to conform to thofe of the Greeks. It was this humanity which made him fhew fo great a rcfpccl for the wife and mother of Darius ^ this that made him fo continent;
this that

the manners of the Perfians.

that he

caufcd
"

hir,
-

to be fo

much lamented
!

thTlBurtit.

t ^ lc

^
!

ed by
12.

all

conqueror he the na.ions he has fubdued

iann

Whu

is

lament
an

What

ufurper
,;,,.

at

his

de;uh the very family he has caft

of tin,

trnm the throne, is all in tears. moft glorious pafia^cs in his life,

Thefe were the

and fuch
as hif-

tory cannot produce an inftance in any other con>r.

whu-h

nit-

law that
.ud,
it

Nothing confoliclates more a conqueft than the union formed between the two nations by marriages. Alexander chofe his wives from the nation he had
iubdued
lie
;

he

in

on of
t

his

courtiers

doing the
permitted

and the

reft

;cedonians followed the

.imple.
enCi

The Franks and Burgundians

d
(

nations

thofe marriages

the Vifigoths forbad

e

them

in

than to
that
L
C"

Spain

and afterwards allowed them

).

By

the

Lombards
rnged
(

).

they were not only allowed but encouWhen the Romans wanted to weaken
, , .

f (
)

See the

law of the intermarriages

Macedonia, they ordained that there fhould be no r ,.. between the people or different pro.

Lombards vinces. book 2.

tit.

i.

&

2.

Alexander,

OF LAWS.
Alexander, whole aim was to unite the two nations, thought
fit

207
B o o
\"

i;

to eftabliih in Perfia a great

numthe

pii. x^

ber of

Greek

colonies.
,

He
and

tip.

built therefore a vaft

&

14.

multitude of towns
parts of this
deceafe,

fo ftrongly

were

all

new empire cemented,

when

that after his

amidft the trouble and ccnfufion of the

the Greeks had re

mod
tion,

frightful civil wars,

as
it

duced themfelves,

were, to a ftate of annihila

not a fingle Province of Perfia revolted.

To
much

prevent Greece and Macedon from being too exhaufted, he fent a colony of Jews to Alex

andria ; the manners of thofe people fignified no thing to him, provided he could be lure of their lidelity.

The kings of Syria, abandoning the plan laid down by the founder of the empire, refolved to
oblige the Jews to conform to the manners of the

Greeks a refolution that gave the moft terrible fhocks to their government.
;

CHAP.
CHARLES
^

XIV.
XII.
intirely

H
a

S prince,

who depended
1.1=

on

his

defign:

war
It

by forming could never be executed but by a long thing which his kingdom was unable to
a

flrength, haftened

ruin

fupport.

was not

vert,

but a rifing empire.

declining ftate he undertook to fubThe Ruffians made ufc

of the war he waged againft them,

fchool.

Every

tory

and

as of a military defeat brought them nearer to vic lofing abroad, they learnt to deiend them

felves at

home.
Charles

2o3

T H E
mailer of the univerfe
14.
:

T
;

BOOK
Y

Charles in the deferts of Poland imagined himfelf

r , Lnap.
.

here he wandered, and with

whilft his

him

in

fome mcafure wandered Sweden

capital

enemy acquired new ftrength againft him, locked him up, made fettlcmcnts along the Baltic,
Sweden was
at the fountain
It

deftroyed or iubdued Livonia.

like a river

whofe waters

are cut off

head

in

was not the

affair

order to change its courfe. of/ a that ruined Charles.

he not been deftroyed at that place, he would in another. The cafualties of fortune are eafily re
paired
,

Had

but \\ho can be guarded againft events that

?

incefiantly arife

from the nature oi things Rut neither nature nor fortune were ever

fo

much

again it him, as he himfelf. 1 Ie was not c!i retted by the actual fituation of things, but by a kind of model he had formed to

himfelf

and even

this
,

was not an Alexander

he followed very ill. He but he would have been

it was pru of the Perfians

Alexander s belt foldier. Alexander s project fucceeded becaufe

dently concerted.

The bad

fuccefs

in their feveral invafions of Greece, the conquefts of Agefilaus and the retreat of the ten thoufand had fhewn to demonftration the fuperiority of the Greeks
in

their

manner of
;

made

ule of

and

it

fighting and in the arms they was well known that the Perfi

ans were too proud to be corrected. It was no longer poffible for them to weaken

Greece was then united under Greece by divifions one head, who could not pitch upon a better me
:

thod of renderivg her infenfible of her fervitude, than by flattering her vanity with the deftruction of her hereditary enemy, and with the hopes of the An conqueft of Afia.

O F L A
An empire
principle

S.

cultivated

by the

mod

induftrious na
<-

tion in the world,

that tilled the lands through a

of religion, an empire abounding with & every conveniency of life, furnifhed the enemy with all neceffary means of fubfifting.
to judge by the pride of thofe kings, vain were mortified by their numerous de-r feats, that they would precipitate their ruin by be~ ing fo forward to venture battles ; and to imagine
It

15.

was eafy
in

who

that flattery

would never permit them

was not only
in
fire

to

doubt of

their grandeur.

The
ecuted.
quefts,

project

Alexander
even in the

wife, but wifely etfthe rapidity of his conof his pafiions, had, if I

may prefume

by which wanted to make a romance of his minds were more debauched than ceaj from pofterity.

to ufe the exprefiion, a flafh of reafon he was directed, and which thofe who
hiftory,
his,

and whole

could not con-

CHAP.
New

XV.

Methods of preferring a Conqueft.

WH
military,
;

EN

monarch has conquered

a large

country, he

may make

ufe of an

admira

ble method, equajly propef for moderating defpotic power, and for preferving the conqueft ; it is a method practifed by the emperors of China.

In order to prevent the conquered nation from

falling into defpair, the conquerors from growing infolent and proud, the government from becoming

and to contain the

t\vo

nations within

the Tartar family now on the throne of duty China, has ordained that every military corps in the

VOL.

I.

provinces

210

T
!

T
i

BOOK
Lha P5

&

6.

provinces fhould be compofed half of Chinefe and half of Tartars, to the end that the jealoufy between the two nations may keep them within bounds.
, i
i

courts of judicature are likewife half Chinefe, and half Tartars. This is productive of feveral good effects, i. The two nations keep one another
in awe. 2. They both preferve the civil and mili tary power, and one is not deftroyed by the other. 3. The conquering nation may fpread itfelf without It is likewife enabled to being weakened and loft.
refift civil

The

and foreign wars.

The want

of fo wife

an
all

inftitution as this,

has been the ruin of almoft

the conquerors that have exifted.

C
Of

II

P.

XVI.
defyotic Prince.

a ConqueJIs made by

WII

EN
it

conqueft happens to be vaftly

fuppofes a defpotic power
:

large,

and

then the army difperfed in the provinces is not fufThere fliould be always a trufty body of ficient. troops around the prince, ready to fall inflantly up on any part of the empire that might chance to wa

This military corps ought to awe the reft, ver. and to ftrike terror into thofe who through neceflity have been intrufled with any authority in the em The empire of China has always a large bo pire. of Tartars near his perfon, ready upon all occady
fions.

In India, in Turky, in Japan, the prince has always a body-guard, independent of the other

regular forces.

This particular corps keeps the dif

perfed troops in awe.

CHAP.

O P L A

S.

211

CHAP.
Tbt fame SuljeR

XVII.
continued.

WE
kings
in
-f.

have obfcrved that the countries fubdued

a defpotic

by

monarch, ought

to be feo-

chap. 17.

Hiltorians exhaufl themfclves in extolling dary. the generofity of thoie conquerors who reftored to

the throne the princes they had vanquifhed. tremely generous then were the Romans, who
all

Ex
made

parts, in order to

have inllruments or
is

flavery

proceeding of that kind

abfolutely

conqueror intends to prefrrve the conquered country, neither the governors he fends will be able to contain the fubjecls within duty, nor
neceflary.
If the

he himfelf the governors.

ftrip his ancient

He

will

patrimony of troops,
;

in

be obliged to order to ie-

cure the new.

will

All the miferies of the two nations

the civil

be

common
itfelf to

war of one

will

com
if

municate

the other.

On

the contrary

the

conqueror reftores the legitimate prince to the throne ; he will have a necefifary ally, by the junc
tion of \vhofe forces, his

own

will

We have
faid
in

be augmented.

a recent inflance of what has been here

feized his

Shah Nadir, who conquered the Mogul, treafures, and left him the poileffion c-t

Indoflan.
t Uc haberent inftrumenta
(er.
.

\: :~

i-

BOOK

212

T H E

BOOK
Of
the

XI.

that form political Liberty^ with regard to the Conftitution.

Laws

CHAP.
A general
BOOK
XI

I.

IDEA.

TT

Make

a diftindtion between the laws that form

Chan

poetical liberty with regard to the conftitution, and thofe by which it is formed in refpect to the

citizen.

The

book

the latter

former mall be the fubject of this I mall examine in the next.

CHAP.

II.

Different Significations given to the

is

word Liberty.

THERE
more

no word that has admitted of

fignifications, and has made different imprefiions on human minds, than that of Liberty. Some have taken it for a facility

more various

of depofmg a perfon on whom they had conferred a tyrannical authority ; others for the power of chufing a perfon whom they are obliged to obey ; others for the right of bearing arms, and of being
thereby enabled to life violence , others in fine for the privilege of being governed by a native of their own country or by their own laws f certain
.

f I have copied, fays Cicero, Scevola s edict, \vhich permits the Greeks to terminate their differences among themfelves ac cording to their c\vn laws ; this makes diem confider themfelves as a free people.

nation

OF LAWS.
nation, for a long time thought liberty confided in the privilege of wearing a long beard *. Some have
*

213
K
2,

annexed

this

name
it

to
:

exclufion of others
tafte,

one form of government, in & Thofe who had a republican

Chap.
3.

applied

to this

government

thofe

who
.

liked

Thus a monarchical ftate, gave it to monarchies they all have applied the name of liberty to the go
vernment moft conformable to their own cuftoms and inclinations and as in a republic people have not fo conftant and fo prefent a view of the injftruments of the evils they complain of, and likewife as the laws feem there to fpeak more, and the
:

executors of the laws

attributed lefs, it is generally In fine to republics, and denied to monarchies. as in democracies the people feem to do very near whatever they pleafe, liberty has been placed in this
fort

of government, and the power of the people has been confounded with their liberty.

CHAP.
In
is

III.
con/ifts.

what Liberty

IT

true that in democracies the people feem

pleafe
;

to

do what they

but political liberty

directed

does not confift in an unreftrained freedom.

vernments, that is, in liberty can confift only

focieties

in

In go by laws, the power of doing what

we ought to will, and do what we ought not

in not

being conflrained to

to will.

muft have continually prefent to our minds the difference between independence and liberty.
*

We

The
cut

Ruffians could not bear that the

it off.

Czar Peter mould make

them

refufed the condition of a republican ftate, which was offered them by the Romans.

The Cappadocians

Liberty

214

^P
a right of doing whatever the laws perLiberty a ciri 2^ could do what they forant^ mit bid, he would no longer be poficft of liberty, beis
>

BOOK
Chan

&

5.

caufe

all

his

fellow citizens would have the fame

power.

C
I)..

II

P.

IV.
JOntDll.

D;ic
when
there
is

and

aiitlocratic

Hates
is

are
to be

not

neceflanly free.

Political liberty
:

met

with only in moderate governments thcfc it is not always met with. It

p. rimoj

is

yet even in there only

mews
;ipi

no abufe of power: but conilant exus, that every man inverted with
al

powci
to fay,

is

to the utmoit limit.

he pufhes on till he comes not itrange, though true, that virtue itfdf has need of limits ?
to
ukit
;

Is

it

lo prevent the abufc of power, it is neceflary that by the very difpofition o[ things power mould be a check to power. government may be fo

no man fliall be compelled to do things to which the law does not oblige him, nor forced to abftain from things which the law per
conflituted,
as

mits.

C
Of
tic end or

II

P.

V.

of different

CHOUGH
neral end,

all

governments have the fame ge which is that of prefervation, yet

each has another particular view. Increafe of domi nion was the view of Rome; war, of Spajta; religion,

of the Jewifh laws

commerce,

that of Marfeilles

public

OF LAWS.
public tranquillity, that of the laws of China navigation, of the laws of Rhodes natural liberty,
,

215
B
,

-f">

that of the policy of the favages ; in general the pleafures of the prince, that of defpotic /laces , that

of monarchies,
glory
:

the prince s and the kingdom s the independence of individuals is the end aimed at by the laws of Poland, and from thence
refults the oppreffion

of the whole
alfo in the

*.

One

nation there

is

world, that has for

the direct end of

its

conftitution political liberty.

We
will

mail examine prefently the principles on which

is

this liberty

founded

if

they are found,

liberty

appear as
is

in a mirror.

Todifcover
great labour
it

political liberty in a conftitution,

requifue.

where
irch

it

exifts,

no we are capable of feeing why mould we go any further in

If

of

it ?

CHAP.
Of

VI.

the Conflitution of

England.
are

INpower
civil law.

every government
:

there

three forts of

the legiflative , the executive in rdpect to things dependent on the law of nations ; and the executive, in regard to things that depend on the

By
_:s

virtue of the

firft,

the prince or magiflrate en-

temporary or perpetual laws, and amends or abrogates thofe that have been already enacted. By
the fecond,

he makes peace or war,

fends or re

ceives embattles, eftablifhes the public fecurity,

f
*

and

The

natural end of a ftate that has

no foreign enemies, or
barriers.

that thinks itfelf fecurcd againft

them by

Inconveniency of the Liberum veto.

provides

a r

BOOK
Qup
6.

provides againft invafions.

n i mes

By the third, he pucriminals, or determines the difputes that arife

between individuals.

The

latter

we

(hall call the

judiciary power, and the other fimply the executive power of the ftate.

The

political liberty

of the fubject

is

a tranquillity

of mind, arifing from the opinion each perfon has Of his fafety. In order to have tiiis liberty, it is requifitt*

the

government be

fo constituted as

one

man

need not be afraid of another.

When

the legiflative and executive powers are

United in the fame perfon , or in the fame body of magiftrates, there can be no liberty ; becaufe apprehenfions may arife, left the fame monarch or
fen ate

mould enacl

tyrannical laws, to execute

them

in a tyrannical

manner.

;ain, there is no liberty, if the power of judging be not feparated from the legiflative and executive

powers.
life

Were

it

joined with

the legiflative,

the

liberty of the fubject would be expofed to arbitrary controul ; for the judge would be then the

and

Were it joined to the executive power, legiilator. the judge might behave with all the violence of an
opprefibr.

There would be an end of every thing, were the fame man, or the fame body whether of the no bles or ot the people, to exercife thofe three powers,
that of
refolutions,

enading laws, that of executing the public and that of judging the crimes or dif

ferences of individuals.

Molt kingdoms of Europe enjoy a moderate go vernment, becaufe the prince who is in veiled with the two firft powers, leaves the third to his fubjects.
In Turky,

where thefe three powers are united

in

the

O F L A
the Sultan
s

S.

perfon, the fubjects groan under the

BOOK

217
"^

a moft frightful opprefiiom weight of In the republics of Italy where thefe three powers are united, there is lefs liberty than in our monarchies*

government is obliged to have recourfe methods for its fupport, as even that of the Turks witnefs the ftate inquifitors *, and the lion s mouth into which every informer may at all hours throw his written accufations. What a fituation muft the poor fubject be in, un The fame body of magiflrates der thofe republics are pofiefled, as executors of the laws, of the whole power they have given themfelves in quality of
their

Hence

to as violent

legiflators.

They may plunder

the ftate by their

general determinations; and as they have likewife the judiciary power in their hands, every private citizen may be ruined by their particular decifions.

The whole power is here united in one body, and though there is no external pomp that indicates a
defpotic
fway>

yet the people feel the effects of

it

every moment,

Hence it is that many of the princes of Europe, whofe aim has been levelled at arbitrary power, have conftantly fet out with uniting in their own
perfons,
all

the branches of magiftracy,

and

all

the

great offices of ftate. I allow indeed that the mere hereditary ariftocracy of the Italian republics, does not anfwer
exactly to the defpotic

power of the Eaftern

princes.

The number

of mamftrates fometimes foftens the ^j

power of the magiftracy ; the whole body of the nobles do not always concur in the fame defigns ,
and
different tribunals are erected, that * At Venice*

temper each
other*

218

T H E
other.

T
power
is

BOOK
,\

Thus

at

Venice the

leeiflative

in

the council, the executive in the pregadi, and the But the miichief is that judiciary in the quarantia*
thcfe different tribunals are
all

belonging ro the lame body i^ne and the Tame power.

!

compoled of magiftrates which conftitutes

-,

^
t

ju<

ht not to be given to a
t

ll^ov.ld

be excrcifed by perfons
people-}-,
at certain
1

ken
rir

the

body of the

ner pn
-aid laft

purfuant to :i for v, in Order to ercft

man

a tri^

Hy

this rrv

only as long as neccifity requires. j^ower of judging, a power

;ble ro

fible.

mankind, not being annexed to any parpro fefiion, becomes, as it were, inA re not then the judges continual PC

dent to th H- viuw ; they fear the office, but P. the magirtrate. In accufations of a deep or criminal natir r the accuied flioukl have the privilege
}">erfon

ofchufing in fome meaftire his judges in concurrence or at leaft he ihould have a right to with the law
;

except aga mft ib great a number, thar the remain ing part may be deemed his own choic
other two powers may be given rather to magiftrates or permanent bodies, becaule they
ifrd re

The

on any private fubjecli one

beint:

than the general \vill of the ftate, her the execution of that general will.

and

th:

But though the tribunals ought not

to be fixt, yet

the judgments ought, and to fuch a degree as to be always conformable to the exact letter of the 1

Were

they to be the private opinion of the f As at Athens.

j

jur,

people

OF LAWS.
would then people
live in focicty

219
o o K

without knowing B

exactly the obligations it lays them under. ch The judges ought likewife to be in the fame ftation as the

to the

end that he

accufed, or in other words, his peers, may not imagine he is fallen into

the hands of perfons inclined to treat him with rigour. If the legiflature leaves the executive power in
pofleffion of a right to imprilbn thofe fubjetfts who can give iecurity for their good behaviour, there is

an end of
to

liberty ; unlefs they are taken up, in order anfwer without delay to a capital crime ; in

this cafe they are really free,

being iubject only to

the

power of the law. But fhouM the legiflature thuik itfclf in danger by fome fecrct confpiracy againll the itate, or by a
correfpondence with a foreign enemy,
it

might au

thorize the executive power, for a fhort and limited time, to imprifon fufpected perfons, who in that
cafe

would
it

lofe

their

liberty only for a while,

to

preferve

for ever.

And this is the only reafonable method, that can be fubftituted to the tyrannical magistracy of the Epborii and to the flate ivquijtimrs of Venice, who
are alfo defpotical. As in a free ftate, every man who is fuppofed a free agent, ought to be his own governor , ib the legiflative

people.

power fhould refide in the whole body of the But fince this is impoflible in large ftates,
it is fit

and
cies

in fmali ones
i

fentativcs,

is fubject to many inconvenienthe people fhould acl: by their reprewhat they cannot acl by themfelves.

The

inhabirants of a particular
its

town

are

much
than

better acquainted with

::h thofe

wants and
;

interefts,

of other places

and are better judges of

sao
B o
K

T HE
6

of the capacity of their neighbours, than of that eir countr yrrten. f The members f ^le re ^-

therefore of the legiflature Ihonld not be chofen from the general body of the nation ; but it is pro

per that in every confiderable place, a reprefentative fhouM be elected by the inhabitants.

The
I

great advantage of reprefentatives

is

their

-,
ii";

capable of difcuffing

affairs.

For

this the

<

oi tlr
It is

collectively are extremely unfit, which is one itefl inconveniencies of a democracy.

not at

all

o have received
electors,

neceflary that the reprefentatives a general inftruction from their

fhould wait to be particularly inftructed flair, as is practifed in the diets of Ger

True it is that by this way of proceeding, many. the fpecchcs oi the deputies might with greater pro but on priety be called the voice of the nation
:

the other hand this

delays,

would throw them

a

into infinite

would give each deputy

power of con

trolling the aflcmbly , and on the moil urgent and pro fling occafions the fprings of the nation might be flopped by a fingle caprice.

When the deputies, as Mr. Sidney well obferves, rcprefent a body of people, as in Holland, they ought to be accountable to their conftituents but
:

it

is

a different thing in

England, where they arc

diftricts

deputed by boroughs.
All the inhabitants of the feveral

have a right of voting

at the election

ought to of a reprefen

tative, except fuch as are in fo mean a fituation, as to be deemed to have no will of their own.

One great fault there was in moft of the ancient reforepublics ; that the people had a right to active iutions. fuch as require fome execution, a thing of
which

O F L A

S.

221

which they arc abfolutely incapable. They ought to have no hand in the government but for the chufing of reprefentatives, which is within their
reach.

Boo*
"

of

For though few can tell the exact degree mens capacities, yet there are none but are

capable of knowing in general whether the perfon they chufe is better qualified than mod of h

neighbours. Neither ought the reprefenrative body to be chofcn for active refolutions, for which it is not fo fit ; but
for the enacting of laws, or to fee whether the laws already enacted be duly executed, a thing they are

very capable of, and which none indeed but them-

can properly perform. In a (late there are always perfons diftinguimed by their birth, riches, or honors but were they to be confounded with the common people, and to have
felves
:

common

only the weight of a fmgle vote like the reft, the liberty would be their flavery, and they

would have no

intereft in

fupporting

it,

as

moft of

the popular refolutions would be againft them. The mare they have therefore in the legiflature ought to
in the ftate

be proportioned to the other advantages they have which happens only when they form a ;

body that has a right to put a flop to the enterprizes of the people, as the people have a right to
oppofe any encroachment of
theirs.

The

legiflative

power

is

therefore

committed

to

the body of the nobles, and to the body chofen to reprefent the people, which have each their afiemblies

and deliberations apart, each

interefts.

their

feparau

view and

Of

the
is

three
in

judiciary

fome

powers above-mentioned the meafure next to nothing.

There

222

T H
*.

I
;

BOOK
Chap.

There remains therefore only two and as thefc f a have neec* rcgukting power to temper them, the part of the legislative body compofed
of the nobility,
purpofc.
the nobility ought to be hereditary. place it is fo in its own nature ; and in the next there muft be a confiderable interefh to preIn the
iirft
is

extremely proper for

this

very

The body of

ferve its privileges , privileges that in themfelvcs are obnoxious to popular envy, and of courfe in a
free (late are always in danger.

Hut
purfue

as
its

an hereditary power might be tempted to

own
,

of the people

it is

particular intcrefts, and forget thofe proper that where they may reap

a fingular advantage from being corrupted, as in the laws relating to the fupplies, they fhould have no other fhare in the legiflatton, than the power of
rejecting,

and not that of refolving.

y

By the power cf refohing I mean the right of ordaining by their own authority, or of amending what has been ordained by others. By the power cf rejeRing, I would be underftood to mean the right annulling a refolution taken by another ; which
.

as the

power of the tribunes

at

Rome. And though

the perfon poflefTed of the privilege of rejecting may likewife have the right of approving, yet this appro

bation pafles for no more than a declaration, that he intends to make no ufe of his privilege of reject
ing,

The
of

is derived from that very privilege. executive power ought to be in the hands a monarch ; becaufc this branch of govern

and

ment, which has always need of expedition, is bet whereas, by one than by many whatever depends on rhe Irgiflarive power, is of
ter adminiftercd
:

ten-

O F L A
tentimes better regulated by
perfon.

W
many

S.

223

than by a Tingle

BOOK
cil

no monarch, and the executive power was committed to a certain number of perfons felected from the legiilative body, there would be an end then of liberty ; by reafon the two powers would be united, as the fame perfons wotiJd actually ibmetimes have, and would moreover be
But
if

there was

always able to have, a fhare

in

both.

body to be a confiderablc time without meeting, this would likewife put an For of two things one would, ixaend to liberty. either that there would be no turally follow longer any legislative refolution^, and then the (late would fall into anarchy ; or that thefe reiblutions would be taken by the executive power which would ren
the
legislative
-,

Were

der

it

abfolute.

It

would be

needlefs for the legiQative

body

to

continue always afiembled.

This would be troublefome to the reprefentatives, and moreover would cut out too much work for the executive power, fo as to take off its attention from executing, and oblige
it

and the

to think only of defending right it has to execute.

its

own

prerogatives

aflembled,

Again, were the legiflative body to be alwait might happen to be kept up only
filling

by

the

places

of

the

decealed

members

with new reprefentatives; and in that cafe, if the le giflative body was once corrupted, the evil would

be paft
dies

all

remedy.

When different

legiflative

bo
a

fucceed one another, the people

who have
:

bad opinion of that which is actually fitting, may but reasonably entertain fome hopes of the next were i: to be always the fame body, ths people

upon

224

T H E
it

T
into a (late

BOOK upon fee!ng

Chap 6

P e(-t anv would either become defperate or

of indolence.

gd

once corrupted, would no longer exfrom its laws ; and of courfe they
fall

The
felf.

legislative

body fhould not afiemble of

is

it-

For a body
it
is

when

fuppofed to have no will but afiembled ; and befides were it not

to aflemble to determine

unanimoufly,

it

would be impofiible
body,

which was

really the legiflative

the part aflembled, or the other.

right to prorogue
itfelf,
it

And

if

it

had a

be prorogued ; gerous in cafe it mould ever attempt to incroach

might happen never to which would be extremely dan

on the executive power. Befides there are feafons, fome of which are more proper than others, for affembling the legiflative body it is fit therefore that the executive power fhould regulate the time of con
:

vening
flate

as well as

the duration of thofe aflemblies,

according to the circumflances and exigencies of

executive power not to have a right of putting a flop to the encroachments of the legiflative body, the latter would become defporic ; for as it

known Were the

to

itfelf.

might arrogate to itfelf what authority it pleafed, it would foon deflroy all the other powers. But it is not proper on the other hand that the iegiflative power fhould have a right to flop the ex For as the execution has its natural limits, ecutive.
it is

uftlefs
is

to confine

it

befides
in

the

executive
operati tribunes

power
ons.

generally

employed

momentary

The power

therefore of the

Roman

was faulty, as it put a flop not only to the legiflation, but likewife to the execution itfelf; which was
attended with infinite mifchiefs.

But

OF LAWS.
But
has
the legislative power in a free government no right to ftay the executive, it has a right
if

225
?
n

manner
which

and ought: to have the means of examining in what an advantage its laws have been executed
,

government has over that of Crete and O Sparta, where the Cofmi and the F.phuri gave no account ot their ad mi nift ration. But whatever may be the iffue of that exami
this

nation,

po

.ver of

the legifiative body ought not to have a judging the perfon, nor ot courfe the con-

duel of him
power.
is

who

is

intruded

with
facred,

the executive

His peribn mould be

g:>u;l

becaufe as

it

prevent the legifiative body from rendering themfelves arbitrary, the moment he is accufed or tried, there is an end
llate to

neceffary tor the

of the

of

liberty.

would be no longer a mo narchy, but a kind of republican, though not a free, government. But as the perfon intruded with the
In this cafe the date

executive power cannot abufe it without bad counfellors, and fuch as hate the laws as minifters, though
the laws favour

them

as fubjects

thefe

men may

be examined and punifhed. An advantage which this government has over that of Gnidus, where
the law allowed

Amy/nones
ftration

of no fuch thing as calling the * to an account, even atter their adminiand therefore the people could never -f
;

obtain any fatisfaclion for the injuries done them.

Though

in

general the judiciary power ought

not to be united with any part of the legifiative, yet

* Thefe were magiitrates chofen annually by the people. See Stephen of Byzantium. f It was lawful to accufe the Roman magiurates after tfce ex piration of their feveral orEces. See in Dionyf. Halicarn. 1. 9. the affair of Genat;us the tribune.

VOL.

I.

this

226
B
K

T H E
t^
l

Vr
Chap.
6.

^ ree exce ptions founded on the parti cu l ar intereft of the party accufed.
s
*

^ e to

The great are always obnoxious to popular envy ; and were they to be judged by the people, they might be in danger from their judges, and would
moreover be deprived of the privilege which the
meaneft fubjecl
is

poiTefled of in a free (late, of be

ing tried by their peers.

The nobility for this reafon ought not to be cited before the ordinary courts of judicature, but before that part of the legiflature which is omi-nfal of tlu n body.
It is

poflVule that the law,

lenie,

in
.

one

and blind
fevere.

in

which is clear- lighted another, might in fome

.il

mo
J,

li.TVi

the national

But as we have already objudges are no more than the

mouth

that pronounces the

words of the law, mere

paffive beings incapable of moderating either its force or rigor. That part therefore of the legiflative body, which we have juil now obferved to be a necelTary tribunal

on another occafion,

is

alib a ne-

celTary tribunal in this ; it belongs to its fupreme authority to moderate the law in favour of the law
itfelf,

by mitirruing the fentence.

It

might

alib

happen that

a fubjedt intrufted

with

the admmiftration of public affairs, may infringe the and be guilty of crimes rights of the people,

which the ordinary magiilrates either could not, or would not punifh. But in general the legiflative and much lets can it be a power cannot judge
,

judge

in thib particular cafe,

is

parry concerned, which

then.-ibre

impeach.

where it reprefents the It can only the people. But before what court fhall it
?

bring
itfelf

its

im\ eachment

Muil

it

go and demean
its

before the

are ordinary tribunals, which

inferiors,

O F L A
inferiors,

S.

227
K
5.

and being compofed moreover of men who are cholen from the people as well as itfelf, will chap. naturally be fw.iyed by the authority of fo powerful
an accufer
?

No

in

order to preferve the dignity

of the people, and the fecurity of the fubject, the Jegiflative part which reprefent* the people, muft
in its charge before the legislative part which reprefents the nobility, who have neither the fame interefts nor the fame paffions.

bring

Here is an advantage which this government has over molt of the ancient republics, where there was
abufe, that the people were both judge and accufer.
this
at the

fame time

The executive power, purfuant to what has been already faid, ought to have a fhare in the legiflature by the power of rejecting, otherwife it would foon
But mould the leprerogative. a fhare of the executive, the power ufurp latter would be equally undone.
be ftripp d of
its

giflative

If the prince were to have a fhare in the legifla ture by the power of refolving, liberty would be loft. But as it is neceffary he mould have a fhare
in the
his legiflature for the fupport of mare muft confift in the

own

pre

rogative, this
rejecting.

power of

The change of government

to this, that neither the fenate

at

Rome

was owing

the executive power, nor the

who had one part of magiftrates who were

entrufted with the other, had the right of rejecting, which was intirely lodged in the people.

Here then

is

the fundamental conftitution of the

government we are treating of. The legiflative bo dy being compofed of two parts, one checks the They other, by the mutual privilege of rejecting.
are

228

T H E
are both
i
i

BOOK
Chap. 6

checked by the executive power, as the execut ve s by the legiflative. Thefe three powers fhould naturally form a ftate
of repofe or inaclion.

But
of

as there

is

movement

in the courfe

forced to move, but itill to As the executive power has no other part in the legiflative than the privilege of rejecting, it can have

human affairs, they move in concert.

a neceffity for arc

no mare
fary that

in the
it

difap] may likewile reject the deciijons

public debates. It is not even neceffhould propofe, bec?.ufe as it may always of the refolutions that mail be taken, it

on thole propolals

which were mad

In
de:
IS

nil

i:j>

v, ill.

fomc ancient commonwealths, where public Acreon by the people in a body, it natural lor itive power to propofe and
i
.

debate

mult

the people, otherwiie their refolutions have been attended with a ftrange confufion.
\\ith

Were the executive power to determine the raifmg of public money, otherwiie than by giving its confent, liberty would be at an end j becaufe it would
become
legiflative
in

the

moil important point of

to fettle the fubfidies,
it

legiflation.

If the legiflative

power was

not from year to year, but for ever,

the rifk of lofing
its

would run

liberty, becaufe the executive power would no longer be dependent i and when once it was poJlefied of fuch a perpetual right, it

would be
it

a matter of indifference,

whether

it

held
laid,

of
it

iffelf,

or of another.

The fame may

be

if

fhould

come

to a relolution ot

intrufting, not
fea

an annual, but a perpetual command of the and land forces to the executive power.

To

OF LAWS.
prevent the executive power from being able to opprefs, it is requifire that the armies, with

229
B
K

To

chap/6.

which it is intruded, mould confill of the peo ple, and have the fame fpirit as the people, as was To ob the cafe at Rome till the time of Mariits.
tain this end, there are only two ways, either that the perfons employed in the army, mould have fufficient property to anfwer for their conduct to their

fellow fubjecls,

and be

entitled only for a year, as

:

was cuftomary at Rome or if there mould be a Handing army, compofed chiefly of the mod defpicable part of the nation, the legifhtive power fhould have a right to difband them as loon as it
ifed
,

the foldiers fhould live in

common

with

the reft of the people , and no feparare camp, bar racks, or fortrefs, mould be fuftered.

once an army is eftablifhed, it ought not Depend immediately on the legiflative, but on the executive power and this from the very nature of the thing its bufmefs confiding more in action
to
;
-,

When

than in deliberation.

From

manner of thinking
they
fet

that prevails

amongft

higher value upon courage than timoroufnefs, on activity than prudence, on Hence the army will ever ftrength than counfel.

mankind,

defpife a fenate, and refpect their own officers. will naturally flight the orders lent them by a

They
body
as

of men,
therefore

whom

they look upon as cowards, and

to

unworthy

command

them.

So that

foon as the army depends on the

legiflative
,

the government becomes a military one

body, and if

the contrary has ever happened, it has been owing to fome extraordinary circumftances. It is becaufe
the

army was always kept divided

it

is

becaufe

0,3

230

i-L-io^oriixii
it

BOOK
Cha
6

was compofed of feveral bodies, that depended it is becaufe the eacn on ^ eir P art cu ar province were ftrong places, defended by their capital towns natural fituation, and not garrifoned with regular Holland for inilance, is (till fafer than Ve troops.
i
^

nice

fhe
i

might drown,

or

ftarve

the revolted

troops

for as they are not quartered in towns ca

;

pable of furniming them with nectfiary fubfiftence this fubfiftence is of courfe precarious.

\Yh-r\vr
find rhr.r

fhull

read

the

admirable

treatife

of

Tacitus on the manners of the Germans

it is

*,

will

the idea
tiful

from them theEnglifh have borrowed This beau government. fyitem was invented firfl. in the woods. all human things have an end, the ftate we
<>t

their political

are

Have
It

(peaking of will lofe its liberty, will perifh. nor Rome, Sparta, and Carthage perifhed ? will perifh when the legiflative power Ihafl be
the executive.
is

more corrupt than

It

not

my

bufmefs to examine whether the

this liberty,

Englifh actually enjoy

cient
it is

or nor.

Suffi

purpofe to obferve, that it is eftablifhed by their Jaws ; and I inquire no further. Neither do I pretend by this to undervalue other

for

my

nments, nor to fay that

liberty

this

extreme

political

only a any fuch defign, I who think that even the excels of reafon is not always defirable, and that mankind
generally find their account better in
in

ought to give unealinefs to thofe who have moderate fhare of it. How mould I have

mediums than

extremes

Harrington
*
iia

in his

Occana has alfo inquired into

fatm

ZXf minoribu! relus prlncipe* confuhant, de majori&us emnes ; ut ea quoque quorum ffiies plefam arbitrlitm eft, apod
.

pr:ncipes pertracientm

the

O F L A
may
real

S.

231
B
Cjia
8.

the higheft point of liberty to which the conftitution of a ftate may be carried. But of him indeed
it

be

fa id,

that for

want of knowing the nature &

in

of

liberty,

he bufied himfelf

purfuit of an

imaginary one, and that he built a Chalcedon though he had a Byzantium before his eyes.

CHAP.
Of
the Monarchies

VII.

we

are acquainted \vith.

TH
of,

have not,

monarchies we are acquainted with, like that we have been fpeaking

view
:

liberty for their direct

their only

aim

is

the

fubject

s,

But from this which in thole dates may perform as great things, and may contribute as much perhaps to happinefs,
as liberty
itfelf.

and the prince s glory. glory there refults a ipirit of liberty,

the date
s,

the three powers are not diftributed and founded on the model of the conftitution above-

Here

mentioned
tion,

they have each a particular diftribu-

according to which they border more or lefs on political liberty t and if they did not border

upon

it,

monarchy would degenerate

into defpotic

government.

CHAP.
Why
the ancients

VIII.

had not a dear Idea of Monarchy.

much

TH

ment founded on
on a

ancients had no notion of a govern a body of nobles, and

legiflative

lefs

body compofed of the

reprelentatives of the people. Greece and Italy were cities that

The

republics of
their

had each

own

form of government, and convened

their fubjecls

within

232
3oo>:

n &
vvalls.

T
had fwal-

w
!

tn i n tne

own

Before

Rome

J.I

any where Gaul, Spain, or Germany

flatcs,

the other republics, there was fcarce a king to be found, no, not in Italy,
-,

thefe were all

petty

or

little
a

republics.
:

great republic cupied by Greek colonies.

fubjcct to

was and Afia minor was oc There was therefore no

I/.ven
itfelf

Africa

examrle
dates
-,

oi deputies of towns, or afTemblies of the one mull have gone as far as Perfia to find a under the goverhment of a fingle perfon. <ountry
I

am

not ignorant that there were confederate

;

republics

in

which

feveral

towns

fent deputies to

an allembly.
he
iirll

But

affirm there

was no monarchy

on the prdent mode).

1

plan therefore of the monarchies

we

The Ger acquainted with, was thus formed. man nations that conquered the Roman empire,
are

were, as
this

is

known

to every one,
i;
,

a free people.

Of

ed only by reading Tacitus on tbc manners of tbc Germans. The conquerors fpread themfelves all over the country living moftly
-,

we may be con\

in the fields,

and very

were

in

Germany,

When they the whole nation was able to aflittle in

towns.

This they could no longer do, when they were difperfed through the conquered provinces. And yet as it was neceflary that the nation fhould
femble.
deliberate

on public

affairs,

purfuant to their ufual

;

method before the conqueft they had therefore recourfe to reprefentatives. Such is the origin of the

At Gothic government amongft us. mixt with ariftocracy and monarchy

firll
;

it

was

a mixture

attended with this inconveniency, that the common people were bond men. The cuftom afterwards fuccecded of granting letters of infranchifement, and

was

O F L A
was foon followed by
the civil
liberty of

S.

fo perfect a

harmony between

BOOK
"

233

the people, the privileges of ch the nobility and clergy, and the prince s preroga tive, that I really think there never was in the

world a government fo well tempered, as that of Sur each part of Europe, fo long as it laded. the corruption of the government of prizing, that a conquering nation, fhould have given birth to the belt fpecies of conftitution that could poflibly be

* imagined by man.

CHAP.
Ariftotlfs
is

IX.

manner of thinking.
greatly puzzled in treat
c
(

ARISTOTLE ing of monarchy

cies
c
,

).

He makes

five

fpe-

Polit.
3*

and he does not diftinguifh them by the

or conltitution,

?,,

form

but by things merely acci dental, as the virtues r r vices of the prince ; or by things extrinfecal, fuch as th ufurpation of, or

Chap. 14.

fuccefTion to, tyranny. ranks among the

He

number of monarchies,

the

Perfian empire and the kingdom of Sparta. But is it not evident, that one was a defpotic ftate, and
the other a republic ? The ancients who were ftrangers to the diftribution of the three powers in the government of

fmgle perfon, could never form a juft idea of

monarchy.
*
It

was a good government

better.

that

bad

in

itfelf

a capacity of

growing

CHAP.

-34

n n
C
II

F
P.

R
X.

thought.
3

Eno

O
J_

temper monarchy, Arybas king ( ) of Epirus, found no other remedy than a reMolofli nor knowing how to limit b power made two kings ( ) by this means was weakened more than the
j
:

public. the lame

_

he

the (late

of the prince cncmi

;.

prerogative they warflRl rivals, and they created

tolerable

wo kings were

no where but

at Sparta-,
of,

here they did not form, the cowftitucion.

but were only a part

CHAP.
Of
the

XI.
Times cf Greece.

Kings

-QIC

the heroic times of Greece, a kind of

mon

IN archy
, ,

arofe that

Th( ;le who

fought
foe

c long duration ( ). had been inventors of arts, who had

was not

of"

in their
,

country

caufe,

who had

eftablifhed

the people ; obt lined the regal powxr, and tranlmitted it to their

or diflnbuted lands

among

idren.

This
e

is

one

tkmed by

kings, priefts, and judges. the rive fpecies of monarchy mend and the only one that can Ariftotle ( )

They were
ot

>

Bu
.1-

us any idea of the monarchical conftitution. plan of this conftitution is oppofite to that
e three

of our modern monarchies.

a

manner
^o m

as the

powers were there distributed in fuch L J -n /e\ J people had the legiliative ( J, and
1 1 1

See liker

TU

the kino; the executive together with the

J

power of
is

de=

U(

wnereas i n modern monarchies the prince

i.

OF LAWS.
is

235
powers, but does not

invefted with the executive

leaft

and

legislative

BOOK
chap. u.

or at

with part of the legiflative,

aflume the power of judging. In the government of the kings of the heroic times, the three powers were ill diftributed. Hence
thofe monarchies could not long fubfift. For as foon as the people got the legiflative power into their hands, they might, as they every where did, upon the very lead caprice, fubvert the regal au
thority.

Among

a free people poflefied of the legiflative

power, a people enclofed within walls, where every thing of an odious nature becomes dill mure odious,
it is

how
it

to

the higheft matter-piece of legiflation to place properly the judiciary power.

in

know
But
of the been

could not be

worfe hands than

in thofe

perfon to whom the already committed.

executive power had

From

monarch became
he had no (hare

terrible.

that very inftant the But at the fame time as

in the legislature, he

could

make no

defence againft it , thus his power was in one lenfc too great, in another too little.

They had not as yet difcovered that the true function of a prince was to appoint judges, and not to fit as judge himfelf. The oppofite policy rendered the government of a tingle perfon infupportable.
thofe kings were banifhed. notion of the proper diftribution of the three powers in the government of one
all

Hence

The Greeks had no

perfon
;

they could fee

it

only

in that

of many

-,

kind of conftitution they diftinguiihed by the name of Polity ( *).

this

and

Ariftot.

Polit.

Book

CHAP.

Chap.

4. 8.

n
C

&
II

Jf

P.

XII.

Of the

Government of //v Kings of Rome, and hi what rv lie three powers were there diflributed.

BOOK

"HE

government of the kings of Rome had fome relation to that of the kings of the
(i\<

heroic times of
hitter s,
itk-lt,

Its

fubverfion,

like the

was owing to its general defect, though in and in its own particular nature, it was ex-

imling good.
In order to give an adequate idea of this govern :h th.ir of the five firft ment, I fhall difl kings, that of Servius Tullius, and that of Tarquin.
Pin
"

The crown
kings
the

was

elective,

and under the

greatdl (hare

five firft
in

l,,,,,^

feruite

had

the

the

2. p.

120. election.

D. 24.2

Upon
r

the kind

deceaic thefenate examined whe-

ther they
(

mould continue
If they
i

the eftablifhed form of

,
i

See
//s
*?"

government.
it,

-i named they
J

thought proper to continue -n. c \ a magiitrate ( ) taken from their

i
C_>

oil
.

am!
1

chofe a king ; the fenate were to approve of the election, the people to confirm it, and the augurs to declare the approbation of the
If one of thefe three conditions was wanting, they were obliged to proceed to another election, The conftitution was a mixture of monarchy,

own body who

Gods.

in
T T

i>ioinf.
I

of power, that there was no mitance of jeaSee The king loufy or difpute in the firft reigns. of Halkarn. commanded the armies, and had the direction book 2. p. the facrifices ^ he had the power of determining

-4-P

ariflocracy. and

democracy ]

and fuch was the har.

mony

"

bo^k
171.

^^

civil

and criminal

( )

caufes

he called the

fe ~

nate

OF LAWS.
nate together, convened the people, laid fome affairs before the latter, and regulated the reft with the
fcnate *.

237

BOOK

The

authority of the fenate was very great.

The

kings oftentimes pitched upon fenators with whom they judged in conjunction , and they never laid

any

affair before

vioufly debated

the people, till in the fenate.

it

had been pre-

The
ftrates,

king

people had the right of chufing J magiof confenting to the new laws, and, with the But permiffion, of making war and peace
:

When Tullus they had not the power of judging. Hoftilius referred the trial of Horatius to the peo
ple,

he had his particular reaibns, which may be c feen in Dionyfius Halicarnaffeus ( ). The conftitution altered under ( f ) Servius Tul-

E:
JJ\

9
,

lius.

The

fenate

had no fhare

in his election

caufed himfelf to be proclaimed by the people

-

he Halicam. he bo k 4-

refigned the power of judging civil caufes ||, referving none to himfelf but the criminal y he laid all
affairs directly before the

people

-,

he eafed them of

taxes,

tricians.

and impoled the whole burden on the Pa Hence in proportion as he weakened the

regal together with the fenatorian power, he mented that of the people
.
1

aug

It was by virtue of a fenatus confultum that Tullus Hofti ordered Alba to be deilroyed. book Dionyf. Halicarn, & 1-2. p. 167, f Ibid, book 4, p 276. And yet they could not have the nomination J Ibid, book 2. of all offices, fince Valerius Publicola made that famous law by

lius

which every citizen was forbid to exercife any employment unlels he had obtained it by the fuffrage of the
||

He

people. diverted himfelf of half the regal power, fays Dionyf.

Halicarn. book 4, p. 229.

It was thought that if he had not been prevented by Tarquin he would have eftablifhed a popular government. Dionyf. Halicarn. book 4, p. 243. Tarquit

238 B oo
&

THE SPIRIT
ic

Chap. 12,
13.

T.irquin would neither be cholen by the fenate nor ky the people he confidercd Servius Tullius as an ulurper, and took the crown as an
,

hereditary

right.

who
ib
e
(

dcftroyed moft of the fenators ; thofe remained he never con fi.il ted-, nor did he even
I

le

)Dionyf.
ricftra-

ons

as fummon them to afiift at his decifiThus his power increafed but the odiurn of that power received a new addition, by u(

much
).

lurping alfo the authority of the people, without

whom, and even againft tohdm, he enafted feveral laws. The three powers were by this means re
united
in his

perfon

but the people

at

a critical

minute recollected that they were

there u.is an end of Tarquin.

legiflators,

and

CHAP.
cf
its

XIII.

General reflexions on tie Jlate of

Rome

after the ex-

Kings.

IT

is impofTible ever to be tired with fo agree able a fubjeft as ancient Rome-, even at prefent ftrangers leave the modern palaces ot that celebrated

capital to

go

in fearch

of ruins

thus the eye after

is

reiting itielf on the enamelled meadows, with the fight of rocks and mountains.

pleafed

The

patrician families were at

all

times pofiefied

of great privileges. Thefe diftindtions, which were confiderable under the kings, became much more
jealoufy

Hence arofe the important after their expulfion. of the Plebeians who wanted to reduce

them.

The

conteft ftruck ac the conftitution with

:

for it was very out weakening the government indifferent of what family were the magiftrates, pro vided the magiftracy preferved its authority.

An

OF LAWS.
An
farily

239

elective

monarchy
a

like that

of Rome, necef-

BOOK
y
c])l
r

fuppofeth
it
,

powerful
it

ariftocratir

body

to

fupport
ftate

without which

into tyranny or into a popular flare.

changes immediately But a popular

has no need of this diftin&ion of families to

itfelf.

maintain

To

this

it

Patricians,
ftitution

who were

a neceffary

was owing that the part of the con

:

fuperfluous

the regal government, became a the peo branch under the confuls without hurting themple could fupprefs them fclves, and change the conftitution without cor

under

rupting it. After Servius Tullius had reduced the Patricians, it was natural that Rome fhould fall from the regal

hands into thofe or the people.

But the people had

no occafion
power, by

to be afraid of relapfmg under a regal reducing the Patricians.

alter

A
the

ftate

may
If
it

two

different ways,

either

by

amendment

tution.

or by the corruption of the confti has preferved its principles and the
-,

conftitution changes, it is owing to its amendment if upon changing the conftitution its principles arc loft, it is becaufe it has been corrupted.

Rome after the expulfion of the kings, mould The people had natural .y have been a democracy.
fc

already
their

unanimous
;

kings

he legiflative power in their hands ; it was confent thai had expelled the and if they had not continued fteady in
ilic

thofe principles,

Tarquins might

eafily

have

pretend that their defign in ex pelling them was tu rer.Jer themfelves (laves to The fituation a: wfamii quite unreafonable.
therefore of tnir
;

been reftored.

To

required
it

ciiat

democracy

and yet

was

not.

Ronie mould be a There was a neceffiry

240

T H E
K

T
democracy.

Boo
&
Chap.
14.

C efl]ty of tempering the power of the principal fami-

^ es
ij.

>

an ^

g* v i n 8 th 6

dws
is

a biafs to

frequently greater in the infenfible tranfition from one conftitution to an other, than in either of thofc confutations. Then
it is that all the firings of government are ftretched, that every citizen forms pretenfions, that the inha bitants attack or carefs one another, and that there is

The

profperity of

ftates

a noble emulation between thofe

who defend

the

declining, and thole who are itrenuous in promoting the new, conftitution.

CHAP.
/;/

XIV.
three

w bat
began

manner the
to

diflribution of the

Powers

change after the Expulfion of the Kings.

T
civil
st
.

HERE

preflfed the liberty

were four things that greatly opof Rome. The Patrici

all

ans had engroiTed to themfelves

facred, political,

and military employments ; an exorbitant power was annexed to the confulate ; the people
in fine they had fcarce any Thefe the public fuffrages. four abufes were redrefled by the people.

were often infulted; and

influence at
ail left in

1 It was regulated that there mould be fome magiftracies to which the plebeians might afpire and by degrees they obtained their being made ca
*,

pable of them
2
f

all,

except that of Inter-rex.

d
.

The

confulate was difiblved into feveral other

c

( )
*

Livy,
di

,f"

magiftracies ( ) ; prstors were created, on whom the power was conferred of judging private affairs; * were nominated for determining criquseftors
parricidii,

Pomponius,

leg. 2.

ff.

de orig. Jur.

minal

O F L A
minal caufes
the
.

W
)

S,

241
B
9 K
I4 .

/Ediles were eftablilhcd for the civil

;

adminiftration

treafurers

were made

who had

ola p
e
(
t;

the public money , and in fine by the creation of Cenfors the confuls were diverted

management of

PIu1

rc

of

f* ruvh-

of that part of the legiflative power which regulates C o/a. the morals of the citizens, and the momentary po The chief licy of the different bodies of the flate.

them were to prefide in the great * of the people, to afiemble the fenate, and to command the armies.
privileges left

meetings
d
.

3 By the facred laws tribunes were eftablifhed, who had a power on all occafions of checking the

encroachments of the patricians, and prevented not only particular, but likewife general injuries.
In
fine,

the plebeians increafed their influence in

public decifions. The people of Rome were divided in three different manners, by centuries, by curias, and

by tribes , and whenever they gave their votes, they were aflcmbled and formed one of thole three ways. In the firft the patricians, the leading men, the rich, the fenate, which was very near the fame thing,
had almoft the whole authority ; in the fecond they had lefs and lefs ftill in the third. The divifion into centuries was a divifion rather of cftates and fortunes, than of perfons. The whole people were divided into a hundred and ninety- three f centuries ( ), which had each a fmgle vote. The f See Liand leading mencompofed the firft ninety- vy patricians j^?eight centuries ; and the other ninety- five confided ny f Hallof the remainder of the citizens. In this divifion carnP -book
, (
)

"

therefore the patricians were mafters of the fuffrages. 1\ D ^ In the divifion into curiae( s ), the patricians had nyf. Halifome however they had, carn book not the fame advantages
-

9
Comitiis centuriatis.

P-

VOL.

I.

for

242

T
for
i

BOOK
XI

Chap

14,

&

Wa5 necefiary that the augurs fhould be confated who were under the direction of the patriciand no propofal could be made there to the ans people unlefs it had been previoufly laid before the fenate and approved of by a fenatus-confultum. But
t
,

in the divifion into tribes they

had nothing

to

do

ei

ther with the augurs or with the decrees of the fe nate-, and the patricians were excluded.

Now

thole meetings by curia

the people endeavoured conftantly to have s which had been cufto-

mary by centuries; and by tribes, thofe they ufed to have before by curia s ; by which means the di rection of public affairs loon devolved from the pa
tricians to the plebeians.

Thus, when
(

the plebeians obtained

the

power

Ibid,

of judging the patricians, a power which commenced in the affair of Coriolanus( c ), the plebeians
infilled

and not
r

upon judging them by affemblies in tribes*, in centuries and when the new magiftra:

Dionyf. cies (*)

rn

of tribunes and
o*
r ^ ie

./Ediles

were eftablifhed

in

ook 6
410,

>

&

people, the latter obtained that they fhould meet by curia s in order to nominate them j

favour

and
g
(

after their

power was quire

fettled,

they gained
tribes to

() See

lb far their point as to affemble

by

pro-

*y Hah earn,
book
9,
.

ceed to this nomination.

P-6o 5

CHAP.
In what manner Rome,

XV.
in

while

the flouri/hing ftatt

of the republic^ fuddenly

loft its liberty.

the heat of the contefts between the

patrici

I
*

ans and the plebeians, the latter infilled upon

Contrary
to the ancient cultom, as
5.

may

be feen in Dionyf.

Halicarn. book

320.

having

OF L A
will or

S.

243
K
.

Bo having fixt laws, to the end that the public judgments fhould no longer be the effect of a capricious
of an arbitrary power. The fenate after a great deal of refinance acquiefced , and decemvirs It was were nominated to compofe thofe laws.

chap. ic.

thought proper to grant them an extraordinary power, becaufe they were to give laws to parties whofe views and interefts it was almoft impofTible
to unite.

The nomination of all magiftrates was fufpended, and they were chofen in the comitia ible Thus they found adminiftrators of the republic. themfelves inverted v.ith the confular and the tribuBy one they had the privilege of aiTembling the fenate, by the other that of afiemBut they afTembled neither fenate bling the people.
nitian power.

nor people. Ten men only in the republic had the whole legiflative, the whole executive, and the whole
judiciary power.

Rome

faw herfelf enflaved by as

cruel a tyranny as that of Tarquin. When Tar exercifed his oppreflions. Rome. was feizcd with in

dignation at the power he had ufurped , when the decemvirs exercifed theirs, me was aftonimed at the

power me had

What
ried

on

given. a ftrange fyftem of tyranny a tyranny car by men who had obtained the political and
!

military

civil affairs

power merely becaufe of their knowledge in and who in the circumftances of that
,

very time flood in need of the cowardice of the citi zens to let themfelves be infulted at home, and or.
their

courage to protect them abroad

her father fpectacle of Virginia s death, immolated to chaftity and liberty, put an end to the
caufe every

The

whom

power of the decemvirs. Every man became free, be man had been injured; each (hewed him-

feif

244

T H E

BOOK
Chap.

fdf a citizen, becaufe each had the tye of a parent. The fenate and people refumed a liberty which had
been committed to ridiculous tyrants. No people were fo eafily moved with fpectaclcs as the Romans. The impurpled body of Lucretia put an end to the regal government. The debtor

&

it.

who

appeared in the public market place covered with wounds, caufed an alteration in the form of the republic. The decemvirs owed their expulfion

to the fight of Virginia. To condemn Manlius, it was necefiary to keep the people from feeing the Caefar capitol. into flavery.
s

bloody garment flung

Rome again

CHAP.
Of
tic Icgijlatii e

XVI.
the

Power

in

Roman

Republic.

THERE
tricians

the decemvirs

were no rights to conteft, under but upon the refloration of

:

and as long as the pa ; had any privileges left, they were fure to be dripped of them by the plebeians. The mifchief would not have been fo great, had
liberty, jealoufics revived

the plebeians been iatisfied with depriving the pa

tricians

of their prerogatives

but they alfo in

When the people afjured them as citizens. fembled by curia s or centuries, they were compofed of fenators, patricians, and plebeians.
Dionyf. their difputes the plebeians Halicarn. tnat tnev aJone without
ii.

In

gained

this point (0,

Book

p. 725.

ena

n &

aws called

n j

patricians or fenate mould r-r j i plebiicita , and the comitia in

i

...

which they were made, had the name given them Thus there were cafes in of comitia by tribes. which

O F L A

S.
3

245
K

which the patricians * had no (hare in the legiflative power, and -f in which they were fubject to the This was (late. legiflation of another body of the

The people the higheft extravagance of liberty. to eftablifh a democracy, acted againft the very One would have principles of this government. imagined that fo exorbitant a power muft have de(Iroyed the authority of the fenate.

But

Rome had

admirable
ally

inftitutions.

Two

of thefe were efpeci-

remarkable; one by which the legislative power of the people was regulated, and the other by which
it

was limited.

The cenfors, and

ed and created, as dy of the people
"

before
it
;

them the confulsj, form were, every five years the bo they exerciied the legiflation
poflefled of the legif-

on the very body that was

"

lative power. Tiberius Gracchus, fays Cicero, caufed the freedmen to be admitted into the tribes
<c

of the city not by

t be
,

"

wordy by a gefture

which had he not

force of his eloquence, but by a effefted, the

"

republic , whofe drooping head we are at prefent fcarce able to uphold, would not even exift." On the other hand, the fenate had the power of

refcuing, as it were, the republic out of the hands of the people, by creating a dictator, before whom
*

By the

facred laws the plebeians

had

power of making the

the patricians into

plebifcita by themfelves, without admitting their aflerribly. Dionyf. Halicarn. Book 6. p.

410.

&

book

7.

p. 430.

f By expulfion of the decemvirs, the the plebifcita, though they had patricians not a right of voting there. Livy Book 3. and Dionyf. Halicarn. ii. p. 725. This law was confirmed by that of Publius Book Philo the dictator, in the year of Rome 416. Livy Book 8. I In the year 312. of Rome, the confuls performed ftill the
bufmefs of furveying the people and their Dionyf. Halicarn. Book 1 1
.

the law

made after the were made fubjeft to

eilates.

as appears

by

the

246
1. were

tt

&

the fovereign

bowed

his head,

and the mofl popular

CHAP.
O/
/fo executive

XVII.
in the

PGW

fame Republic.
their legifla-

VLOUS

as the people

were of

power, yet they had no great jealoufy of the executive. This they left almoft intirely to the ite and to the confuls, referving fcarce any
tive

thing

than the right of chufing the magiftrates, and of confirming the acts of the fenate and of the generals.
to thcmfelvcs,

more

Rome, whofe paffion was to command, whofe ambition was to conquer, whofe commencement and progreis were one continued ufurpation, had conflamJy affairs of the greateft weight upon her hands; her enemies were always confpiring againft her, or
fhe againft her enemies. As fhe was obliged to behave

with heroic courage,

on the one hand and on the other with con-

fummatc prudence \ the fituation of things required of courfe that the management of affairs fhould be O
committed

Thus the people diiputed to the fenate. every branch of the legiflative power with the fenate, becaufe they were jealous of their liberty-, but they
had no difputes about the executive, becaufe they
were jealous of their glory. So great was the fhare the fenate took in the exe-

Book

6.

cutive power, that, as Polybius ( ) informs us, foreign nations imagined that Rome was an ariftocracy.
*

The
ail

fenate difpofed of the public

\z

money,

Such decifien: cf

by which

it

was allowed

to

the appeal from

the ir.n^iftrates to the people.

O F L A

S.

247
K
17.

and farmed out the revenue , they were arbiters of B the affairs of their allies ; they determined war or chap. peace, and directed in this refpect the confuls ; they
fixed the

number of

the

Roman

and of the

allied

troops, difpofed of the provinces and armies to the confuls or praetors, and upon the expiration of the

the power of appointing fucthey decreed triumphs, received and fent embattles , they nominated, rewarded, punifhed, and were judges of kings , gave them, or declared
ceflbrs
-,

year of

command had

they had forfeited, the

people.

title

of

allies

of the

Roman

confuls levied the troops which they were to carry into the field ; they had the command of the forces by fea and land ; difpofed of the allies ; were inverted with the whole power of the republic
in the provinces
tions,
, gave peace to the vanquifhed na impofed conditions on them, or referred them

The

to the fenate.

In the earlieft times, when the people had fome ihare in the affairs relating to war and peace, they exercifed rather their legiflative than their execu
tive power. They fcarce did any thing elfe but confirm the acts of the kings, and after their expulSo far were they fion, of the confuls or fenate.

from being the

ftances of
its

arbiters

of war, that we have in-

having been often declared notwithilanding the oppofition of their tribunes. But grow ing wanton in their profperity, they increafed their
executive power.

Thus

they

created the

mi-

* In the year of Rome 444. Livy i. Decad. Book 9. As the war again!!: Perfeus appeared fomewhat dangerous, it was ordain ed by afenatus-confultum, that this law fhould be fufpended, and tjie people Livy Dec. 5. Book i. agreed to it.

litary

BOOK
Chap.
1

IJtary tribunes,

the nomination of

whom

till

then

nac* belonged co the generals-, and fome time before the firft Punic war they decreed that themfelves only

mould have

the right

* of

declaring war.

CHAP.
Of
the judiciary

XVIII.

Power

in the

Roman

Government.

ple,

judiciary power was given to the peo to the fenate, to the magiftrates, and
judges.
-,

to particular

We
the

muft

fee

in

what man
civil

ner

it

was diftributed
confuls had

beginning with their

affairs.

The

power of judging

after

the cxpulfion of the kings, as the prastors were judges after the confuls. Servius Tullius had diverted

himfdf of the judgment of civil affairs, which was not rcfumed by the confuls, except in J fome very
rare cafes,

for that reafon

fatisfied

called

extraordinary

||.

They were

with naming the judges, and

l

36

with forming the feveral tribunals. By a difcourfe of slpphis ClaiiditiS) in Dionyfius ( ) Halicarnafieus, it appears, that as early as the 259th year of Rome,
this

the

was looked upon Romans, and it

it

as
is

an eftablifhed cuflom
not tracing
it

among

very high to

refer

to Servius Tullius.
extorted
is

They
Bo^k
of
|

it

from the

fenate, fays FreinfnemiM,

Dec.

2.

6.

f There
i

no manner of doubt but the confuls had the power See civil affairs before the creation of the praetors.

Dionyf. Halicarn. Book 10. Livy Dec. i. Book 2. p. 10. and the fame hook p. 645. p. 62-. The tribunes frequently judged by themfelves only, but noI :.ndered them more odious, Dionyf. Haiicarn. Book 11.
I
[|

judicial extraardinaria*

See the Inftitutes Book 4.

Every

OF LAWS.
* of fuch as Every year the praetor made a lift he chofe to difcharge the office of judges during his

249
B
K

magiftracy.
for each caufe

A
;

c t ap. ,^

fufficient

number was pitched upon

a cuftom very near the fame as that

which

is

now

practifed in England.

And what was

extremely favourable to liberty j, was the pr?etor s fixing the judges with the J content of the parties.

The now

great
in

number of exceptions that can be made England, amounts precty near to this very
decided only the queftions
;

cuftom.

The judges
lating
to
facts

re- () Seneca
-

<leBenefic example, whether a fum of had been paid or not, whether an act had money fajgJi But as to queftions of ( b ) b See been committed, or not.

for

,!

j^\

of capacity, they H^ were always carried before the tribunal of the cen- 54. in fol. edit of tumvirs f)
right,
as they required
fort
[|.

fome

kings referved to themfelves the judgment ,.,, of criminal affairs, and in this they were fucceeded

The

by the

confuls.

It

was

in

confequence of this

authority that Brutus the conful put his children and all thofe who were concerned in the Tar-

quinian confpiracy to death.

tant power. the military

This was an exorbi

The confuls already inverted with command, extended the exercife of it

affairs
;

even to
*

civil

and

their procedures

being

Album
"

"Judicium.

\
"

any man,

"

anceftors, fays Cicero fro Cluentio, would not fuffer whom the parties had not agreed to, to be judge of the leaft pecuniary affair, much lefs of a citizen s reputation." See in the fragments of the Servilian, Cornelian, and other

Our

what manner thefe laws appointed judges for the crimes they propofed to punifh. They were often by choice, fometimes or in fine by lot mixt together with choice. by lot, 2. Jf. dc Orig. Jur. Leg. Magi/bates who were called deCcmvirs prefrded in court, the whole under a praetor s diredHon.
laws, in
|j

ftripped

~,-3

T H E
K
1

Boo
Chap.

8.

ftnpped of all forms of juftice, were rather exertions of violence than legal judgments. This gave rill* to the :;; law, by which it

was made lawful to appeal to the people from every ordinance of the confuls that endangered the life of a citizen. The confuls after this had no longer a power of pronouncing fentence in capital cafes
againfi: a

Roman

citizen without the content of the

people

*.

f (

)Dionyf.

\Vc fee in the fvft con piracy for the refloration of the Tarquins, that the criminals were tried by Brutus the conlul in the fecond the fenare and comitia were affembled to try them f ).
;

it.

The laws iiiilinr:i:irtied by the name of Sacred, allowed the plebeians the privilege of chufmg tri bunes ; by this means a body was formed, whole
pretenfions
at
firlt

were immenfe.

It

is

hard to

determine which was greater, the infolence of the

plebeians in demanding, or the condefcenfion of the The Valerian law allowed of fenate in granting.

appeals to the people, that is, to the people comThe pofed of fenators, patricians, and plebeians. plebeians made a law that appeals mould be brought before themfelves. queilion was foon after

darted, whether the plebeians had a right to judge a

patrician ; this was the fubjecl: of a difpute the affair of Coriolanus gave rife to, and

ended with

that

affair.

When

which which Coriolanus was

accufed by the tribunes before the people, he infifted, contrary to the fpirit of the Valerian law, that as

he was a patrician, none but the confuls had a power

*

Quoniam de
pen

capita civis

Romani,

inju/Tu populi

Roman!,
2.

~.n confulibus jus dicere.

See Pomfcnius Leg

to

OF LAWS.
to judge

251
K
18.

on the other hand, the plebeians alfo, 3 contrary to the fpirit of that very fame law, pre- Chap. tended that none but themfelves had a power to judge

him

him, and they judged him accordingly. This was moderated by the law of the twelve tables , whereby it was ordained that none but the
fhould pronounce great affemblies of the people Hence fentence againfl a citizen in capital cafes.
the body of the plebeians, or which amounts to the very fame, the ccmitia by tribes, had no longer

any power of judging crimes, except fuch

punifhed with
capital

as

were
a

pecuniary
a

mulch
requifite
;

To

inflict

punifhment

law was

but to con

demn

to a pecuniary fine, there

was occafion only

for a Plebifcitum.

This regulation of the law of the twelve tables was very prudent. It produced an admirable recon ciliation between the body of the plebeians and the For as the full judiciary power of both fenate. depended on the greatnefs of the punifhment and the nature of the crime, it was necefTary they fhould
both agree.

The

Valerian law abolifhed

all

the remains of the

government, which were any way relative to that of the kings of the heroic times of Greece. The confuls were diverted of the power to punifh
crimes.

Roman

Though all crimes are public, yet we diftinguifh between thofe which more nearly concern the mutual communication of citizens, and
muft

thofe which
relation
it

more

has to

its

nearly intereft the Hate in the The firft are called fubjecls.

private, the fecond public.

*

The

latter

were judged

The Comitia by

centuries.

judged

in thele Comitia.

Thus Manlius Capitolinus was Liyy Dec. t. Book 6. p. 60.

by

Tf

nrrr SPIRIT
K

vf
Chap.
is.

regard to the former, they particular commifTion a quaeftor for the The choien profecution of each crime.

ky

t ^ie

P e pl e

an ^

>

name d by

perfon by the people was frequently one of the magiftrates, and fometimes a private man. He was called the
qurfftor

Pomp*- the
r

of Parricide, and twelve tables ( ).

f
"

is

mentioned

in the

law of

fecond

Tile qu^fto nominated the judge of the queftion,

1

drew lots for the judges, formed the tribunal, under do which he pre f j ec *. Divert Ong. Jur. FT r Here it is proper to oblerve what mare the fcnate had in the nomination of the quaeitor, that we may fee how far the two powers were balanced in this Sometimes the fenate caufed a dictator to refpect.
Law in
the
1(

be choien

in order to cxercife the office of quaeilor f i fometimes they ordained that the people fhould be convened by a tribune in order to proceed to the

nomination of a qureftor J, and fometimes appointed a magiftrate

in fine the people to make his report

to the fenate concerning a particular crime, and to defire them to name a qureftor, as may be feen in
(s y
g in Books, the judgment of Lucius Scipio Livy ( ). In the year of Rome 604 fome of thefe

com-

h
(
)

Cicero

mBruco.

mifTions were rendered permanent ( ). All crimina j cau fes were gradually divided into different
parts
*
;

to

which they gave the name of perpetual

See a fragment of Ulpian, who gives another of the Corne it is to be met with in the Collation of the Mofaic and tit. i, de ficariis & homicidiis. y This took place efpecially in regard to crimes committed in Italy, which were fubject chiefly to the infpedion of the fenate. Sec Livy r Dec. book 9, concerning the confpiracies of
lian law,

Roman
-f-

la--v>i

Capua, f This was the cafe

in

the profecution for the

murder of

Pofthumius, in the year 340 of

See Livy. This judgment was grven in the year of Rome 567.

Rome.

queftions.

O F L A
queftions.

S.

of

whom

Different praetors were created, to each fome of thofe queftions were afilgned.
a

BOOK
QI

253
a

They had

power conferred upon them

fiich

for the

term of a year, of judging

way

relative to thofe queftions,

crimes as were any and then they were

fent to

govern

their province.

At Carthage
pofcd of judges

the fenate of the hundred was

com-

enjoyed that dignity for life *. But at Rome the praetors were annual, and the judges were not even for fo long a term, but were

who

nominated for each caufe.

in the fixth

We have already fhewn

how favourable

chapter of this book

this

regulation was to liberty in particular governments. The judges were chofen from the order of fenators,
till

the time of the Gracchi.

Tiberius Grac-

cbus caufed a law to pafs that they fhould be taken from the Equeftrian order ; a change fo very confidcrable

that the tribune boafted of having cut

rogation only the finews of the fenatorian

by one
dignity.
It is

necefiary to obferve that the three powers be very well diftributed in regard to the liberty of the conftitution, though not fo well in refpect to At Rome the people the liberty of the fubjecl.

may

had the

greateft mare of the legiflative, a part of the executive, and part of the judiciary power ; by

which means they had

government,
as required

fo

great a weight in the

fome other power to balance it. The fenate indeed had part of the executive power, and fome mare of the legiflative -f ; but
* This f
is

proved from Livy, book 43, who

fays that

Hanni

bal rendered their magiftracy annual.

fenatus-confultums were of force for the fpace of a year, though not confirmed by the people, Dionyf. Halicarn. book 9, p. and book n, p. 735.
595>

The

this

254.

T H E
t hi s
-

BOOK
XI

was not
^

fufficient to
-

counter-balance the weight

Chap

8.

fr was ncceflary that they fhould t ie P e P^ e have a (hare in the judiciary power ; and accord ingly they had a mare when the judges were chofen from among the fenators. But when the Gracchi
*

c
(
)

In the
3
"

deprived the fenators of the power of judging

e (

),

the fenate were no longer able to withftand the peo To favour therefore the liberty of the fubjed ple.

they ftruck at the liberty of the conftitution

but

the former pcriihcd with the latter. Infinite were the mifchicfs that from thence arofe.
conftitution was changed at a time when the civil difcords had fcarce left any fuch thing as a conftitution. The knights were no longer that
fire

The

of

middle order which united the people to the the chain of the conftitution was broke.

fenate

There were even particular reafons againft tranfferring the judiciary power to the equeftrian order. The conftitution of Rome was founded on this
principle,

that none fhould be enlifted as foldiers

but fuch

as

were

men of fufficient property

to anfwer

for their conduct to the republic. The knights as perfons of the greateft property formed the cavalry

of the legions.

But when

their dignity increafed,

they refufed to ferve any longer in that capacity ; and another kind or cavalry was obliged to be raifed
:

thus Marius enlifted

f
(

all forts

of people into his

loft
f
(

army,

Cafite

and foon

after the republic

was

).

ten/at pit-

re/que balluit.

de

Befides, the knights were the farmers of the r pub& he revenues , a iec ot rapacious men , who fowed

bello ju-

new miferies amongft a miferable people, and made Inftead of giving to a fport of the public calamity. fuch men as thofe the power of judging, they
ought
to

have been conftantly under the eye of the

judges.

OF LAWS.
judges.
officers

255

This we mult fay in commendation of the BOOK. ancient French laws , they have ftipulated with theckap.*i3.
of
as

the

revenues,

with as great a

dif

fidence

would be obferved between enemies.

When the judiciary power at Rome was transferred to the farmers of the revenues, there was then an
end of
virtue, policy, laws,

magiftracy, and

ma-

giftrates.

Of
in
"

this

we

find a very

ingenuous defcription

"

"

fome fragments of Diodorus Siculus and Dio. c Mutius Sccvola^ fays DIODORUS ( ), wanted to () Fra^receive the ancient morals, and the laudable cujlom mcnt of For his predccejfors ^ or 00 ^ of foler and frugal living.
t
t,

<c

fc-

bavin? entered into a contra^ with the Vfarmers cf 36,

tiJ

in the

"

the revenue judiciary

who

at that tr

re

pojfeffed

of

cc
"

f&^Con?
itantine
"

"

"

power at Rome, they bad filled the province with all manner of crimes. But Scevola made an e::an;ple of the publicans and imprifoned thofe who had fent others to prifon"
)

P^p-*}

Dio informs us
lieutenant,

),

that Publius

Rutilius his

Frag-

was equally obnoxious

to the

equeftrian";^^

order, anu that

upon

his return they accufed

him of
,.

ta jl en
i

having received fome prefents, and condemned him from to 2 fine , upon which he inftantly made a, ceffionf

of his goods. His innocence appeared in this, that.^r/. he was found to be worth a great deal lefs than what he was charged with having extorted, ar,d that bur he he mewed a juft title to what he pofiefTed would not live any longer in the fame city with
:

fuch profligate wretches.

8

(;j

Fr?.

( )

The

up whole and to take care of

fays DIODORUS again, bought droves of flaves in Sicily, to till their lands
Italians,

ment of
[,

00 [J^ n
c

their cattle

-,

but refufed them

forced

the Lxtrace
-.

a necefiary fubfiftence.

Thefe wretches were then

f
c.nd

256
Chap

T H E
1

T
the whole

BOOK
8
19.

for ccd to go and rob on the high ways, armed with an d clubs, covered with beads fkins, and l ances
followed by large maftiff dogs.

Thus

province was laid wafte, and the inhabitants could not call any thing their own, but what was fecured
within the walls of towns. There was neither proconful nor praetor, that could or would oppofe this diforder, or that prefumed to punifh thefe (laves, becaufe they belonged to the knights, who at Rome

were poflefied of the judiciary power *. And yet this was one of the caufes of the war of the flaves.

But

fhall

add only one word more.

profefllon

that neither has nor can have any other view than

was always forming frefh de ever granting any, a deaf and inex orable profefllon that impoverifhed the rich and inlucre, aprofeffion that

mands without

on,

creafed even the mifery of the poor, fuch a profefll I fay, mould never have been entrufted with the

judiciary

power

at

Rome.

CHAP.
Of
in

XIX.
Roman
Provinces.

the Government of the

Rome. SUCH
diftributed in
center,

was the diftribution of the three powers But they were far from being thus
the provinces Liberty was at the in the extreme parts.
:

and tyranny

While

Rome

extended her dominions no far

ther than Italy, the people were governed as confe derates , and the laws of each republic were preferved.

But

as foon as fhe enlarged her conquefts,

and

Penes quos Roma turn judicia erant, atque ex equeibi ordine folerent foititojudices eligi incaufa Praetorum & Proconfulum
quibui poll adminillraftam provinciam dies dida erat.

the

O F L A
Rome

S.

257
,

the fenate had no longer an immediate infpefirion over the provinces, nor the magiftrates redding at

were any longer capable of governing the empire, they were obliged to fend pnrtors and proconiuls. Then it was that the harmony of the

Thofe who were font on three powers was loft. that errand, were intruded with a power which

comprehended

that of

all

the

Roman

magiftracies

nay, even that of the people*.

They were
They

magiftrates, extremely proper the places to which they were fent.

defpotic for the diftance of

exercifcd
i;

the three powers ; being, if I may prefume to the expreffion, the bafhaws of the republic.

We

have

elfe where

obferved that

in a

common

wealth the fame magiftrate ought to be poflefled of the executive power, as well civil as military. To this it is owing that a conquering republic can hardly

ed

communicate her government, and rule the conquer ftate according to the form of her own conftituIn fact as the magiftrate me fends to gove: invefted with the executive power, both civil and
:

tion.
is

military, he muft alfo have the legiQative is it that could make laws without him ?

for

who
muit

He

likewife have the judiciary

power:

for

who
?

co
:

pretend to judge independently of him

It is

ceffary therefore that the governor fhe fends be intrufted with the three powers, as was pracftilcd in

the

Roman

provinces.
eafy for a

It is
its

more

monarchy

to

communicate

government, becaufe the officers it fends, hafome the civil executive, and others the mili f ary ex
ecutive power;
*

which does not

upon comir

necefTarily

imply a

defpotic authority.

They made

their edicts

VOL.

I.

258

T H E
it

BOOK
Chap
ir

was a privilege of the utmoft confequence to a Roman citizen, to have none but the people for his
judges.

Were

it

not for

this,

he would have been

fubject in the provinces to the arbitrary power of a The city never felt proconful or of a proprietor.

the tyranny, which was exercifed only on conquer ed nations.

Thus in who were

flavei

the
free

Roman
\urc

world, as at Sparta, thofe

extremely fo, while thofe \vho wcic flaves laboured under the extremity of
\Vl\ilc the
titi/.ens

paid taxes, they were raifed

with great jullue

and equality.
fix
clafles

Tullius was obferved,

The regulation who had diftri-

huted the people into

according to their

difference oi property, and fixed the feveral mares of the public taxes in proportion to that which each

Hence they bore perfon had in the government. with the greatncfs of the tax becaufe of their propor
tionable greatnefs of credit, andconfoled themfelves for the Imallnels of their credit, becaufe of the fmallnefs of the tax.

ration,

There was which

.

alfo another
is,

thing worthy of admi

s

that as Scrvius Tullius

in

divifion

into

fome meaiure the fundamen

tal piinciplc of the contlitution, it thence followed that an /ing of the taxes was fo connected
(

with

this

fundamental principle, that the one could

city paid the taxes as
all

not be aboliiLed without the other.

But while the

or paid none at
lic rcvcnv.v

me

pleafed,

*,

by the knights who

Y,~e

the provinces were plundered were the farmers ot the pub

have already made mention of

t:r

* After die conqueil of Macedonia the Romans paid no

their

OF LAWS.
their oppreffive extortions,

2,9
all

with which
c

hiftory

E
Chap

a bounds.
"

AH

Afic.,

r
"
"

fays Mithridates ( ), expecls me as its fo great is the hatred which the rapad

cioufnefs of the prcconfuls

),

the confifcations

mad:
u
?

fro-

by the officers of the

revenue,

and

"

cavils cf j proceedings *, j judicial x o

the quirks ajtd have excited a?ain$ j o

Pom

;Ti alicci ^ 1 1j y
<i

"

the Romans"
it

in,

Hence made no

was that the ftrength of the provinces addition to, but rather weakened the

hC
ds

s ec
ainft

orations
n
;s

ftrength of the republic.

Hence
lofs

it

was that the

provinces looked upon the Rome as the epocha of their

own

of the liberty of freedom.

CHAP.
End

XX.

of this Book.

Should be glad to inquire into the diftribution of the three powers, in all the moderate govern ments we are acquainted with, and to calculate thereby the degrees of liberty which each may But we muft not always exhauft a fubject fo far,

enj<5y.

as to leave

no work

at all for the reader.

My

fmefs
think.

is

not to

make people

read, but to

make them

It is well known what fort of a tribunal was that of which provoked the Germans to revc

"

BOOK

260

t H

BOOK
Of tl-: L
/

XII.

form
9

political Liberty the SubjeEi.

I.

\ P.
->

BOOK.
political

BOOK

TT
J
fu

is

not

f.

to

have treated of
;

libpri
it

o the conftitution
i;k

we muft

in

the relation

it

bears to the

We that in the firfl cafe it is form ed by a certain diftribution of the three powers )nd we muft confider it under another but in t!
i

idea.

It confifts in

fecurity, or in the opinion peo

ple have of their fccurity. The conftitution may happen to be free, and the The fubjecl may be free, and not the fubjecl: no:.
conftitution.

In thole cafes, the confticution will

be free by right and not in fact, the fubjecl will be free in fact and not by right.
It is the difpofition only of the laws, and even of the fundamental laws, that conftitutes liberty in
its

relation to the conftitution.

;

But

as

it

relates to

the fubjecl

morals, cuftoms, or received examples may give rife to it, and particular civil laws may favour it, as we mail prefentJy fee in this book.
Farther,
as
in

moft

ftates,

liberty

is

more
de1-

checked or deprefTed than

their

conftitution

mands

it

is

proper to

treat of the particular

that

O F L A
the principle of liberty,

^
iflift
t

261
or check

that in each conftitution are at

BOOK
2

which

tate is

capable chap

of receiving.

CHAP.
Of
the Liberty cf the

(Hilofophical liberty en, of the will ; or at lead,

ov "rcifc
i

ably to

ail

fyflems,

in

an o[
.ndits in fe

free exercife

of our

will. Political

curity, or at leaft in the opinion th

enjoy fecurity.
ru..,fly

This fecurity

is

never more dang

than in public or private accusations. It is therefore on the goodnefs of criminal laws that the liberty of
the fubject principally depends. Criminal laws did not receive their full perfection all at once. Even in places where liberty has been

mod

fought
p

after,

it

has not been aH\:

at

found.

(? /o

Politics
2
i

Cumas, the parents of the accufer might be witnefTes. So imperfect was the law under the kings of Rome, that Servius
(
)

Ariftotle

informs us that

Tullius pronounced fentence againft the children of Ancus Martius, who were charged with having
afiaffinated the

licarn.

kins; his father-in-law

q
:

).

Under
r

book
(
j

4-

kings of France, Clotarius made a law( ), y as that no body fhould be condemned without being year 560. n: heard which mews that a contrary cuflom had prethe
firft
;

\s erear-

p^^

vailed in fome particular cafe or

among fome

bar- book

2.
-

ia barons people. It was Charondas that firft efta- ^T P- 12 1G blimed penalties againft falfe witnefies f ). When his law. at ( the has no fence to fecure his innocence, he Thurium fubject
P"3.VC

has none for his liberty.

[jj

o_

S 3

The

lympiad,

2O2
B
*

XH
Chap.

^
tr i es
>

xiijc.
e

JK.

knowledge already acquired

in

feme counin others, in

or tnat

mav

be hereafter attained

&

3,

4.

regard to the fureft rules that can be obferved in criminal judgments, is more interefting to mankind

than any other thing in the univerfe. Liberty can only be founded on the practice of this knowledge: and fuppofing a ftate to have the beft laws tried imaginable in this refpect, a
perfon

under that

and condemned to be hanged the next day, would have much more liberty, than 3 lufhaw enjoys in Tuiky.
ftate,

C
/

H A

P.
/

III.

continued.
to death

to liberty. In right realbn there mould be two, becaufe a witnefs who affirms, and the accufed who de
nies,

T
more
two.

HOSF.

laws which condemn a man on the dcpofition of a fmgle witnefs,

are fatal

make

an equal balance, and a third muft in^

l

vJtne the fcale.

The Greeks
ij -

and Romans
:

k
(

required one voice

infift

to

condemn

but our French laws

upon

va
a
>

pretend that their cuftom was iblifhed by the Gods*; but this more juftly may f be faid of ours.

The Greeks

on

CHAP.
ono
|

IV.

crty fs favoured by the nature

lion of Pwrijhments.
is

and proper-

in its higheft perfection,

criminal LIBERTYlaws
the
]

derive each

when punimment from

There
are then

,;Iar

nature of the crime.

f-^

no

OF LAWS.
no arbitrary decifions the punifhmcnt does not flow B from the capricioufnefs of the legiflator, but from the very nature of the thing ; and man ufes no viuJence to man. There are four forts of crimes. Thofe of the firft
,

263
c

rals,

fpecies are prejudicial to religion, the fecond to the third to the public tranquillity, and the

mo

fourth to the fecurity of the fubject. The punifhments inflicted for thefe crimes ought to proceed from the nature of each of thefe fpecies.
In the clafs of crimes that concern religion, I rank only thofe which attack it directly, fuch as all For as to crimes that difturb tl. fimple facrileges. exercife of it, they are of the nature of thofe which
prejudice the tranquillity or fecurity of the fubject, and ought to be referred to thofe clafies.

In order to derive the punifhment of fimplc

fa

crileges from the nature of the thing *, it mould confift in depriving people of the advantages con

ferred by religion, in expelling them out of the tem ples, in a temporary or perpetual exclulion from the
fociety of the faithful, in fhunning their prelence, in execrations, detefcations, and conjurations.

In things that prejudice the tranquillity or fecurity

of the

fcate,

fecret

actions are fubject to

human

jurifdiction.

But in thofe which offend the Deity, where there is no public action, there can be no criminal matter the whole pafTes betwixt man and God, who knows the meafure and time of his ven
j

Now if magiftrates, confounding things, geance. ihould inquire alfo into hidden facrileges, this inqui* St. Lewis
that the

made

fuch fevere laws againfl thofe \vho fwore,

for
it.
)

pope thought himfelf obliged to admonifh him s prince moderated his zeal, and ibftened his laws (

S 4

264

~3T
does noc at a ^
4.

BOOK
Chan.

faion would be directed to a kind of action that

recl u ^ re it
>

^e

would be Subverted by arming

him.

liberty of the fubjed the zeal of timor

ous, as well as of prefumptuous conferences againft

The
Deity.

mifchief arifcs from a notion which fome

people have entertained of revenging the caufe of the

him

honor the Deity, and leave caufe. In effect, were we to be directed by fuch a notion, where would be the end of puniihments ? If human laws are to avenge
to

But we

mud

avenge

his

own

the caufe of an infinite Being, they will be directed by his infinity, and not by the ignorance and ca
price of

An

hiftorian
(<)

of Provence relates a fad, which

furnifhes us with an excellent defcription of the confequcnces that may arife in weak capacities from
this notion

of avenging the Deity

caufe.

Jew

was acculld of having blafphemed againft the blefled and upon conviction, was condemned to Virgin be lend alive. A ftrange fpedacle was then feen
,
I
:

gentlemen mafked, with knives in their hands, afcended the fcaffold, and drove away the executioner, in orc er to be the avengers themfelves of the honor of the blefied Virgin. 1 do not here chufe to anticipitate the reflections
lie

of the reader.

fecond clai s confiits of thole crimes which

are prejudicial to morals.

irecting the

Such

is

the violation of
is,

public or private continency,

that

of the policy

which the pleafure annexed The puto the union of bodies is to be enjoyed. crimes ought to be alfo derived nifnment ol o from the nature of the thing the privation of fuch advantages as ibciety has attached to the purity of
in
-

manner

morals,

O F L A
morals,
fines,

S.
K

B fhame, neceflity of concealment, publie infamy, expulfion from home and fociety, and in chap. fine all fuch punimments as belong to a corrective
of jurifdiction, are fufficient to reprefs the temerity the two fexcs. In effect, thefe things are lefs founded

4.

on malice, than on oblivion and felf contempt. We fpeak here of none but crimes that relate
merely to morals, for
judicial to
as to thofe that are alfo pre

the public fecurity, fuch as rapes and ravifhments, they belong to the fourth fpecies.

The

crimes of the third clafs are thofe that dif-

turb the public tranquillity. The punifhments ought therefore to be derived from the nature of the thing,

and to be

relative to this tranquillity

-,

fuch as im-

prifonment, exile, corrections, and other-like chaftifements, proper for reclaiming turbulent fpirits,

and reducing them to the eftablimed order.

I

confine thofe crimes that injure the public tran

quillity to things that

imply a fimple tranfgrefTion

:

againft the civil

adminiftration

for as

to

thofe

which by difturbing the public tranquillity attnck at the fame time the fecurity of the fubject, they
ought
to be ranked in the fourth clafs.
inflicted

The punifhments

upon the

latter

crimes

are fuch as are properly diflinguifhed by that name. They are a kind of retaliation,, by which the foci^ty refufes fecurity to a member, who has actually

or intentionally deprived another of Thefe punimments are derived fro;"

thing, founded on reafon, and fburce of good and evil.

fecurity. rure of the

drawn from the very

man

dcferves death

when he

fecunty fo far as to deprive, or to attempt to deprive another man of his This punifhmerit of death is the remedy, as it Jifce.
were,

has violate^

the

BOOK
YlT

were, of a fick focicty.

When

there

is

a breach of

Chap

&

5.

fecurity in refpect to property, there may be fome reafons for inflicting a capital punifhment but it
:

would be much better, and perhaps more natural, that crimes committed againft the fecurity of pro
perty

perty

fhould be puniihed with the lois of pro and this ought indeed to be the cafe if
equal.

mcns fortunes were common or

But

as thofe

who have no

property are generally the readicft to attack the property of others, it has been found
necefiary, in Head

of a pecuniary, to fubflitute a
is

corporal puniihment, All that I have here advanced,

founded

in

nature, and extremely favourable to the liberty of the fubjcct.

CHAP.
Of certain
is

V.
7
.
.

Accufations that require particular

tion

and Prudence.
;

be IT very circumfpect

an important maxim

that

we ought

to

in the profecution of

magic

and

herefy.

The

accufation of thefe two crimes

may

be vaftly injurious to liberty, and productive of an infinite number of opprefilons, if the legiflator

knows not how

character,

to fet

bounds to
s

it.

For

as

it

does

not aim directly at a perfon

actions,

but at his

it grows dangerous in proportion to the and then a man ignorance of the people in danger, becauie the moft unexceptionable con
i.*
-,

of duct, the pureft morals, and the conftant pr life, are not a fufficient fecuriry againd the fufpicion of his being guilty of crimes 11
tvery duty in
thefe.

L,

VV

b.
c

the Proteftator ( ) was accufed of having confpired againfl the emperor, and of having employed for that purpofe feme
^""^

Under Manuel Comnenus,

BOOK
"
"

267

CIl a
e
(
*

)M//,
c

f*

fecrets that render

...
.
.

men

iuvifible.
...

It is
)

mentioned
/for*?;;

nuelComnenus,
4.

in

the

lire

or

this

emperor

that

was

detected,

as

he was poring over a book of Solo- Book

J

mon

people look upon they call a magician as the fitted perfon in the world to trouble and fubvcrt fvxricty, and of courfe they are difpofed to punifh him with
in

up power
a

the reading of which was fulBcient to conjure whole legions of devils. by fuppofing a
s,

Now

magic

to

arm

all hell,

man whom

the utmoft feverity.

But their indignation increafes when mngic is fuppofed to have a power of fubvertin igion. c The hiftory of Constantinople ( ; informs us, that
in

f
,

;IIirtory

c thecm confequence of a revelation made to a bifhop of a miracle s having ceaied becaufe of the magic Maurice certain perfon, both that perfon and h practices of a

his ion were put to death.

On how

m.

us
.

things did not this fingle crime depend ? That reve lations fhould not be uncommon, that the bifliop Ihould be favoured with one, that it was real,
that there

had been

a miracle in the cafe,

that this
>j>

miracle had ceafed, that there was an art ma^ic> that magic could fubvert religion, that this particular
.on was a magician, and in mitted that action of magic.
fine, that

he had

com
1.

The emperor
illnefs to

Tke.

attributed

magic.

Thofe who were accufed of

left

this

crime, had no other refource hot iron without being hu

than to handle a

Thus among
a

the

Greeks a perfon ought

magician to be able to clear himlelf cf the imputation of magic.

to

have been

Such

268
E
_

T H E
K
6.

Such was the

Chap.

ft

excefs of their ftupidity, that to the Dubious crime in the world, they joined the

moft dubious proofs of innocence. Under the reign of Philip the Lcn?, the Jews were expelled from France, being accufed of hav

So ing poifoned the fprings with their lepers. abfurd an accufation ought very well to make us doubt of all thofe that are founded on public hatred.
I

be punifhed

have not here aflerted that herefy ought not to I laid only that we ought to be ex
-,

tremely circumfpect

in

puniming

it.

CHAP.
Of

VI.

the Crime againft Nature.

I

for a crime which religion, morality, and civil government equally condemn. It ought to be profcribed were it only for its communicating to one lex the weaknefies of the other,

JOD G

forbid that

mould have

the leaft incli

nation to diminim the horror people have

and for leading

people by a fcandalous proftitution of their youth, to an ignominious old age. What I mall fay con
cerning O
it

will

no ways diminim

its

infamy, being O
.

levelled only againfl the tyranny tha: may abufe the very horror we ought to have for the vice.

As

the nature of this crime

its

is

fecrecy,

there are

frequent inflances of

having been punifhed by of a child. Tl legislators upon the depofition was opening a very wide door to calumnv. Jufti"

Hiftory.

a n

/Vz, fays
ifci 3

Procopius
;

),

publifkcd a
~

Ic.

crirriC

"

only agcirift
"

thofe

i.

if,

after tbe
o"

enafthig cf that lai** li.t t^en before.

OF LAWS;
<c

269
5
<?

fition
"

of a Jingle
>,vj

rtilnefs,

fometimes of a child,
e facially

**
"

/ c/ a Jlave, was fufficient, againfl fuch as were rich, and againfl

chap.

we of the green
is

tbofe

that

faftion"

It

very

herefy,

and
eafily

that thefe three crimes, magic, that againfl nature, of which the firft

odd

might

be proved not to

exift
infinite

at

all

the

fecond to be fufceptible of an

number of

diftinclions, interpretations, and limitations j the third to be often obfcure and uncertain ; it is very odd, I fay, that thefe three crimes fhould amongfl

us be punifhed with fire. I may venture to affirm that the crime againfl: nature will never make any great progrefs in fociety,
unlefs people find themfelves induced to
refpects
,

it

in

other

as among the by fome particular cuftom Greeks where the young people performed all their exercifes naked as amongft us where domeftic
-,

education
particular

is

difufed

-,

as

among

the Afiatics where

whom
all.

perfons have a great number of women they defpife, while others can have none at
to this
let it,

Let there be no cufloms preparatory

crime,

like every other violation of morals.

be feverely profcribed by the civil magiftrate, and nature will foon be feen to defend or refume her
rights.

Nature, that tender, amiable, and loving

parent, has flrewed her pleafures with a bounteous hand, and while me fills us with delights, me pre pares us for future fatisfaclions of a more exquifite

kind than thofe delights themfelves.

CHAP.

270

T H E
C
Of
ti

P
P.

R
VII.

H A

ih Yreafon.

Bo

o K
"

TT
-*-

is

determined by the laws of China, that who-

riT

&8

foever fliews any difrefpect to the emperor, is As they do not men to be punilhcd with death.
tion in

what
a
|

this

ri.

Tifts,

every thing
s life,

may
to

hnnifh

ike

a\.

man
-ever.

and

extcrmi:

Two

perfons of

that

country,

who

wrere

em
^d
that

the court gazette, having ployed to circumftaoces relating to a certain not true it was d that to tell
\UT<-,
pr<

in

court,
(i) r.-H
]

in

confequftice of

a lye difrefpeft fiiewn to the which re put to

ior
<](

wd
>n

h.

.ver-

Tonj
p. 43.

i.*

tcp/ y n

a niemorial iigned with

it

:hr
th..
1

emprror,

\vas

determined
,

difn

:hat prince

\\hici,

fec
("

of one of the mofl terrible pertint :r was recorded

i

Father

in hi;

If
edifying
letters.
j

th:-

crime of
is

this

hi b fuRkient to

.a be

erminate,

make
when

the
I I

neratc into arbitrary power.

largely on this fubject, of lathe co
>n

government degefhall defcant more

to treat
l

(
2(

Book

come

( )

of

>

CHAP.
Of
the bad Application of the

VIII.

Name

of

*:ge

and

high

is

likev/ife a

fhocking abufe to give the ap

not

an adli Jn that does pellation of high treafon to

O F L A
not deferve
that thofe
it.

S.
*,

271
E
K
s

It

was decreed by an imperial law

judgment, or doubted of the merit of fuch as he had chofcn tor a public office, fhould be profecuted as
guilty of facrilege -f Surely it was the cabinet coun and the favourites of the court who invented that
,

who

called in queftion the prince

cil

crime.
foever
officers

By another law it was determined, that whomade any attempt againft the minifters and of the prince mould be deemed guilty of
as if he
q

high treafon,
himfelf
(
).

This law

had attempted againft the prince r is owing to two princes ( ),

I
(<)

celebrated in hiftory for their weaknefs-, princes who were led by their minifters as flocks by fhcphci
princes
i

[i
*j

who were flaves

A.
i

in the palace, children in the

ArcaJ: -

council, itrangers to the

army; princes

in line,

c.

who

us

& Ho-

nor

preferved their authority only by giving it away Some of thole favourites confpired every day.
againft their emperors. Nay, they did more, they confpired againft the empire , they called in barbar

ous

nations

and when the emperors wanted to

flop their progrefs, the ftate was fo enfeebled, as to be under a neceffity of infringing their law, and

of expofing itfelf to the crime of high treafon in or der to punifh thofe favourites.

And yet this is the very law which the of Monfieur de Cinq-Mars built upon ( ), endeavouring to prove that the latter was of the crime of high treafon for attempting
s

judge

when
guilty to re-

^
m

ivicir s

of

Tom

move
"

Crimes that

Cardinal Richelieu from the miniftry, he fays, aim at the perfons of mimjlers, are
This
is

* Gratian, Valentinian, and Theodofius.

in the
j-

the fecond

Code

cie

Crimin. Sacril.
ejl

Sacnlsgii inflar

dubitare an

is

This law ferved as a perafor. ibid. the conftitutions of Naples, Tit. 4.

model

dignus f.t quern elegerit Imto that of Roger in

*

deemed

272
Cha

T H E
c

BOOK
8

deema

"

ly the Imperial conjlitutions^ of equal con* fb e( uence tbofe which are levelled againft the l

& 9.

"

(C
C(

on. own f erf minifier dif charges bis to duty to his prince and to his country attempt

emperor

A
is

-,

therefore to remove him,

t fa

ft

If even flavery herielt was to power. funt The defcend upon the earth, fhe could not fpeak in any t fame law other ^nguage. of the
forts noflri

pars cor-

formr
/

Of one O

endeavouring to deprive fa s arm f\ an & tk e iatter O f

rr
,,

P art

jts

Code ad
iff
b (
)

By another law of
Arcadius
b
(

J^L
/ill*

),

falfe

coiners

Valentinian, Theodofius, and are declared cuilty of

high trealbn. But is not this confounding the ideas of things ? Is not the very horror of high treafon din iet ^7 g* y n g tnat ^^nie to another crime? Theodof
It is

the

9th of the

m ^
^

^>

deft

moaf

">

C
I

H A

P.

IX.
continued.

The fame Subjett

PA
16

UL NUS

Alexander, that

having wrote to the emperor he was preparing to pro"

ce
<c

fecute for high treafon, a judge who had decided The emperor anfwered, contrary to his edid."

that under his reign there was

*

no fuch thing

as

"

fame emperor, that as he had fworn by the prince s life never to pardon his flave, he found himfelf thereby obliged to perpetu
ate his wrath left he fhould incur the guilt of high treafon. Upon which the emperor made anfwer,
"

indirect high treafon *. Fauftinian wrote to the

Tour fears are groundlefs

to
*

-\-,

and you are a

fir anger

"

my
i.

principles"
aliis caujis majeflatit

Etiam ex

crimina ctffant tneo

Leg.

eod. ad leg. Jul. Maj. Alienam fettfs meee folUcitudinem

concefifti.

Leg.

2. eod.

ad
It

leg. Jul.

Maj.
I

O F
It

L A

S.

273

was determined by a fenatus-confultum ( p ), ^.j* that whofoever melted down any of the emperor s chap. 9, llatues which fhould happen to be rejected, fhould & 10. The em - h v in not be deemed guilty of high treafon. Severus and Antoninus wrote to Pontius ( q ) ; ff. ad leg. perors J that thofe who fold unconfecrated llatues of the em- 7ul Ma
j, t
i" -

peror,

mould not be charged with high

treafon.

The fame princes wrote to Julius CalTianus, that if any ibid. perfon when flinging a (lone mould by chance ftrike
one of the emperor
s

^
/)

law>

ftatues, he

mould not be liable

I!

r The Julian law to a profecution of high treafon ( ). this fort of limitations ; for in virtue of this requires

law the crime of high treafon was charged not only

upon
action

thofe

who

melted

but likewife on thofe

a

down the emperor who committed any

ftatues,

fuch like
(

f which made it an arbitrary crime. When ( ), number of crimes of high treafon had been efta-

(
-

Allud ve

forts.

blifhed, they were obliged to diftinguifh the feveral Hence Ulpian the civilian, after laying that ad

aamtjet Leg. 6ff.

l:
g>.

the accufation of

hih

treafon did not die with the

f

criminal, he adds, that this does not relate to ( ) all the treafonable a6ts eftablifhed by the Julian law,
^"^

*n

ff

a j\
de
"

but only to that which implies an attempt aeainft the Jul fj

empire or againft the emperor

life.

CHAP.

X.

The fame Subjefi continued.

THERE Henry
der

was a law pafled in England un VIII. by which whofoever pre dicted the king s death, was declared guilty of high treafon. This law was very indeterminate ; the
terror of defpotic turns againft thofe

power

is

fo great,
it.

that

it

even
s

who

exercife

In this king

VOL.

I.

laft

274
^
<>

T
o K
Jaft

E
>

T
to

illnefs,

Chap. n,
12.

the phyficians

would not venture

ne was
u (

danger

an d furely

they acted very

right

).

HSeeBurnet
s

Hi-

ftoryof the Refor mation.

CHAP.
Of
~\/T ARSYAS dreamt

XI.

Thoughts.
that

he had cut Dio-

x
"-

f
us.

J-v-L -v-

ofDio-

Dionyfius put him to death, pretending that he would never have dreamt of fuch a thing by night, if he had not thought of
nyfius
s

throat

).

for

This was a mod tyrannical action-, by day. though it had been the fubject of his thoughts, * The towards it. yet he had made no attempt
it

laws

do not take upon them

acts.

to punifh

any other

than overt

C
Of

H A

P.

XII.

indifcreet Speeches.

OT
fon

1 1 1

NG
T

renders the crime of high trea-

more

guilty of it kibjecl to interpretation ; there is fo great a differ ence between indifcretion and malice, and frequently

arbitrary than declaring people for indifcreet fpeeches. Speech is fo

fo little is there of the latter in the expreflions ufed, that the law can hardly fubject people to a capital punifhment for words, unleis it exprefsly declares

what words they

are

which render a

man

guilty

* The thought mufi be joined with fome fort of a&ion. f Si non tale jit deliclum in quod fcriptura legis dejcendit ad exemplum legis wndicandum eji, fays Modeilinus in the feventh law, injf. ad leg. Jul. Maj.
<ve/

<vel

Words

OF LAWS.
Words do
main only
tion

275
;

not conftitute an overt act

they reconfi-

>:

in idea.

They

generally,

when

,,

dered by themfelves, have no determinate fignificafor this depends on the tone in which they ;

are uttered. It often happens that in repeating the fame words, they have not the fame meaning-, this meaning depends on their connection with other and fometimes more is exprefTed by filence things
,

than by any difcourfe whatfoever.

As

there can be

nothing
is it

equivocal and ambiguous as all this; poffible to convert it into a crime ot high
fo
,

how
tr

io n ? Where-ever this law is eftablifhed there is an end not only of liberty, but even of its very fhadov.-.

In the maniiefto of the

late

Czarina

family of the

D Olgorucky

s ( y ),

one

of

thefe

r
~
l

princes is condemned to death for having uttered lome indecent words concerning her peribn an
,

other for having malicioufly interpreted her lage gulations for the welfare of the empire, and for

having offended her facred peribn by difrefpectiul words.

Not that I pretend to diminiih the indignation people ought to have againft thofe who preiurne to llain the glory of their prince , what I mean
is,

that if

moderate defpotic princes are willing to

power, a fimple correction would be mo.e proper on thofe occafions, than an accufation of
their

high treafon, a thing always terrible even to cence itfclf *.

Overt acts are not things that happen eve they are liable to the obfervation of a great
people
*
;

and a

falfe

charge in refpect to facts

J
.
,-;

many may

Ncc

i;th- .;um

lingute

in the ;th

law

injf.

ad pee nam facile trabendum ad leg. Jul. MaJ.

_-!..

>z

be

276
B
YI?
Chap.
12,

T H E
K

&

13.

^ e ea ^ X Detected. Words joined to an action aflume the nature of this action. Thus a man who goes into a public market place to incite the fubjects
to revolt, incurs the guilt of high treafon, becaufe the words are joined to the action, and partake

of

its

nature.

It is

not the words that are punifh-

ed, but an action in which

words are employed.

when they pre pare for, accompany, or follow a criminal action : every thing is confounded, ii words are conftrued

They do

not become criminal, but

as a capital crime inilcad of confidering as a mark of a capital crime.

them only
and Honopr<ffeflus

The emperors
rius

^Thecdojius,

Arcadius,

wrote
"

thus
If a

to

Rurinus

who was

pi\rtorio.
44
<c

man f peaks or government, we do not for

nijh

amifs of our perfon, all that intend to pu-

him *

-,

// he has fpoke through levity,

folly,

we

tnuft

44

44
"

mujl pity him \ and Wherefore // he wrongs us, we mujl forgive him. acleaving things as they are, you mujl inform us words by cordingly, that we way be able to judge of
defpife

him; if through

we

44

per/ens,
t

and that we may well

punijh or overlook

confider

whether we

to

them"

II

P.

XIII.

Of
\vriiings there
,

Writings.

is fomething more permanent but when they are no way pre parative to high treaion, they are not a fubject of that crime.

than in words

Si id ex It^iiatf. prv.-fjfrrit, (cnttmntndum

eft

/i ex injanic.,

tniferaiiane

digniffimuan fi u

idvm,

Leg. unica

Cod.

Si quis Impcrat, malftl-.

And

O F L A
And
ed the law of majefty.

S.

yet Augitftus and Tiberius fubje&ed fatyrical writers to the fame punifhment as for having violat- Ch

BOOK
"

277

fome

libels that

Auguflus f ), ^^ had been wrote againft men and woD

quality
,

becaufe of(*)Tad/mfa A
1

^ Hook

Tiberius, becaufe of thofe This conxvhich he fufpedled to have been wri ten againft him- tmued unthe
firft

men of

felf.

Nothing was more

Cordus was

fatal

to

Roman

liberty. f
f

]i

ow nR
j

Cremutius

accuftd
.,

for

having called
(
,
.

Reigns.
firfl
t

CafTius in his annals the laft of the

Satyncal writings are hardly

Romans ). known in delpotic

law in

he

Code
;
-

governments, where dejection of mind on the one hand, and ignorance on the other, afford neithc: In democracies they ai abilities nor will to write.
:

^/

Tacit,
.U.

not hindered for the very lame reafon, which caufes Book them to be prohibited in monarchies Being gene

4-

men of power and authority, the malignity of the people who are the governing party. In monarchies they are forbidden, but rather as a fubject of civil animadverfion, than
rally levelled againft

they

flatter

as a capital crime.

They may amufe

the

malignity,

pleafe

the general malecontents, diminilh the

envy againft public employments, give the people patience to fuffer, and make them laugh at their
fuffe rings.

But no government

is

fo averfe to fatyrical writ

There the magiftrates are ings as the ariftocratical. petty fovereigns, but not great enough to defpife affronts. If in a monarchy a fatyrical ftroke is deeminence that
cratical lord

figned againft the prince, he is placed in fuch an it does not reach him ; but an arifto
is

pierced to the very heart.

Hence
The
law of the

the decemvirs

who formed an
g
(

ariftocracy, punifhed
).

with death fatyrical writings

CHAP. Sbf?

78

T H E

CHAP.
Breach cf Modefty
o K
t~
"^

XIV.
pumjbing Crimes.

in

H ERE

arc rules

of modefty obftrved by

almoft every nation in the world , now it aid be very abfurd to infringe thcfe rules in the

punifhment of crimes, the principal view or which ought always to be the eftablifhment of order. \Vas it the intent of thofe oriental nations who
expofed women to elephants trained up for an abo minable kind of punifhment, was it, I fay, their in
tent to eftablifh one law by the breach of another? By an ancient cuftom of the Romans it was not

permitted to put girls to death till they were ripe ibr marriage. Tiberius found out an expedient of

having them debauched by the executioner before b -,hey were brought to the place of puniihment ( )
:

thus this bloody and fubtle tyrant deitroyed the rals or the people to preferve their cuftoms.

mo

When

the magiftrates of

Japan cauled women to

be expofed naked in the market-places, and obliged them to go upon all four like beads, modefty was
:o!!ec-

fhocked(

voyages
con1

mother
I
to

but when they wanted to compel a they wanted to force a fon cannot proceed ; even nature herielf was ftruck
I

when

with horror.

:a-

of
}

C
i

H A

P.

XV.
accufe

Ii

company.
"

Of

the

Slaves in order to Infrancbifanent of

their Majlcr.

UGUSTUS
of thofe

made

law that the flaws

who

his perfon, confpired againft fhould

O F L A
lected that

S.

279
B
chap,
16.
,

fliould be fold to the public that they might depofe k againft their mafter ( ). ought to be neg-

K
i

Nothing

-,

may
,

heinous crime

contribute to the difcovery of an it is natural therefore that in a go-

&

U
nus.

.J?

vernment where there are (laves they fhould be allowed to inform but they ought not to be admit
-,

ted as witnefles.

formed

Vindex difcovered the confpiracy that had been in favour of Tarquin but he was not ad
,

mitted a witnefs againft the children of Brutus. It was right to give liberty to a perfon who had ren
dered fo great a fervice to his country; but it was not given him in order to enable him to render this
fervice.

Hence the emperor Tacitus ordained that flaves mould not be admitted as witnefles againft their m af
ters,

even

in

the cafe of high

treafon
s

law

( )FJavius

which was not

inferted in Juftinian

complement.

**? m

CHAP.
Of Calumny
in refpeft to the

XVI.
Crime of high treafon.

* that It is Sylla they enacted. taught them that but the calumniators ought not to be punifhed thing was foon carried fo far as to reward them -J-.
,

TO
*

do

jiiftice

to the Casfars,

the

firft

devifers

they were not of the difmal laws which

Sylla made a law of Majefty, which is mentioned in Cicero s orations, pro Cluentio, Art. 3. in Pi/lnem, Art. 21. ad. againft Verres, Art. 5. familiar epiftles, Book 3. Letter n. Cxfar ard Auguftus inferted them in the Julian laws ; others made additi ons to them.

f Et quo

quis diftinftivr accufator eb

magis hcnores affequeoatnrt

at veluti JacroJan<5us erat.

Tacit,

CHAP.

2So

T H E

CHAP.
Of
B

XVII.

the repealing of Confpiracies.

\il

Chap.

17.

*ty Aether tt s J~ of thy met her, or thy fen, or tby daughter, or the wife of tby bcfom, or tby c fi lend, which is as thine o jcn foul, cr.tice tkee fecrcth,
,

7F

Lf t

us

go and

ferve other god?,

then /halt

furely kill him, tbov jbalt ftone him*. Deuteronomy cannot be a civil law

This law of

among moft of
would pave
the

the nations

known
fcvere

to us, becaufe

it

way

for

all

manner of wickednefs.
is

No
(

lefs

the

vhich commands

the fubjects,
in

law of feveral countries, on pain of death, to

are not
is

iiclofe confpiracies

which they
it is

even

fo

much
in a

as concerned.

When

fuch a law

eftablifhed
it

monarchical government,

very proper

fhould be under fome reftriclicns.

It

ought not

to be applied in

its full

feverity,

but

In thofe to the ftrongeft cafes of high treafon. countries it is of the utmoft importance not to con

found the

In Ja different degrees of this crime. pan, \vhere the laws fubvert every idea of human reafon, the crime of concealment is applied even to the
Jolloc-

moft ordinary
certain
ladies,

cafes.
( )

relation

tion

of
con-

young

who were

fhut

makes mention of two up ior life in a box

tribareJto the

thick fet with pointed nails, one for having had a love intrigue, and the other for not difdofing it.
Deuteron. chap. MU. ^
6.

bli/hmc
.-

ne
India

company. Book 5.
Part
2.

p. 423.

CHAP.

O F L A

S.

281

CHAP.
How
dangerous
it
is

XVIII.
to be too fevers in

in Republics

tbe Crime of high Treafon.

there fhould be an end of examples, and even of rewards.

A
great

S foon

as a republic has

compafled the deto fubvert

it,

Boor
Ch
j

ftruclion of thole

who wanted

punimments,

Greatpunimments,andconfequentlygreatchanges, cannon take place without inverting fome citizens

with too great a

power.

It

is

therefore

more

advifeable in this cafe to exceed in lenity, than in to banifh bur few, rather than many; and feverity
-,

to leave

them their eftatcs, rarher than to make a number of confifcations. Under pretence of avenging the republic s caufe, the avengers would

The bufmefs is not to deftroy eftablifh tyranny. the rebel but the rebellion. They ought to return
quick as poffible into the ufual track of govern ment, in which every one is protected by the laws, and no one injured.
as

We find in Appian ( p ), the edicl: and formula (P) Of the of the profcriptions. One would imao-ine that they C:vi1 war j r ur Book 4. had no other aim than the good or the republic,
,

fo cooly they fpeak, fo

many advantages
the

out,

fo

preferable are

means they

they point take to

fuch fecurity they promife to the rich, fuch tranquillity to the poor, fo afraid they feem to be of endangering the lives of the fubjefts, fo defirous
others,

of

a dreadful example, appeafmg the foldiers which fhews how near fevere punifhments border
:

upon tyranny.

The

282

THE SPIRIT
Th e
too k

BOOK
XII

Greeks
f

fet

no bounds to the vengeance they

Chap

is,

&

19.

IfS"*

tyrants or of thofe they fufpeded of tyranny ; they put their children to death ( ), nay Ibmetimes five of their neareft relations * ; and they

cam. Ro- profcribed an infinite number of families. By this man An- means their republics fufTered the moft violent fl10 exiles or the return of the exiled were i book s always epochas that indicated a change of the con""

llitution.

The Romans had more

fenfe.

When

CafTius was

put to death for having aimed at tyranny, the qucftion was propofed whether his children fhould

undergo the fame

k
(

tare

)Books,

"

7 /vv,

fays
to
<

Dionyfius

but they were preferred. k HalicarnalTeus ( ),

:
i

"

wanted

at
to
ii

t be

end of tbe A/

i.

fian mid
offices

-nd

e:

from

public

of tbofe

bo bad been prefer:

1C

by

-b to blame"

C
In ic bat

H A

P.

XIX.
is

manner tbs Ufc of Liberty

Rcpid
.

Jufpended in a

where liberty

is

moft efteemed, there

I.:ountrie3 which are laws by

it,

in

order

a fingle perfon is deprived of to preferve it for the whole commu

nity.

Such
-f~.

are in

England what they

call

Eilh of

Attainder

Thefe are

relative to thole

Athenian

u pf :xin:cs cognatlcne
.

Cic. cie Invent, lib. 2.

The

anther

ofr
,

AL
other formal:.

the Continuation of Rapin Thoyras define^ a ientence v. hich upon being approved by

the two houfes and iigned by the king paiTcs into an ad. whereby the party accufed is declared guilty of high treafon without any

without appea

Tom.

2.

p. 266.

laws

OF LAWS.
laws by which a private perfon was condemned *, B

283
K

provided they were

of

fix

thofe

made by the unanimous fufFrage thoufand citizens. They are relative alib to laws which were made at Rome againfl pri

.v

20.

Thefe vate citizens, and were called privileges -J-. were never patted but in the great meetings of the
people
acted,

But
Cicero

in
is

what manner foever they are en for having them abolifhed, beJ.
I
its being made muft own, not-

caufe

the force of law confifts in

for the

whole community

withftanding, that the practice ot the freed nation that ever exifted, induces me to think that there are
cafes in

which

a
it

veil

fhould be drawn for a while

to veil the ftatues

over liberty, as of the Gods.

was cuitomary

CHAP.
Of Laws favourable
to the

XX.
i,i

Liberty of tbe Subjefi

Republic

IN

popular governments

it

often happens that

accufations are carried on in public, and every man is allowed to accufe whomfoever he pleafes.

This rendered it neceflary to eftablifh proper laws in At order to protect the innocence of the fubject. Athens if an accufer had not the fifth part of the
votes on his fide, he was obliged to pay a fine of a thoufand drachms. ^Efchines who accufed Ctefir phon, was condemned to pay this fine ( ). Rome a falfe accufer was branded with infamy Guards by marking the letter K on his forehead.
,
,

the So-

of

Ex

Legem de finguhri aliquo ne rogato nifi lex millibus ita vifum. nes. See This is what they called Oitracifm. Andocide de Myfteriis. likewife Plutarch f De privis hominibus latae, Cieero de Leg. lib 3.
and Pbowere cms.

J Scitum eft juflum in omneSj Cicero ibid. By the Remmian Law,

284
B
K

T H E
WCre a ^
d

Xli to prevent his corrupting either the judges or the Chap. 21.
(*

a PP ointed to

wa tch

the accufer, in order

Flu-

a ^

^;
tied.

ent

whnefles( ). I have already taken notice of that Athenian and Rom;:n law, by which the party accufed was allowed
t

Ho

o withdraw before judgment was pronounced.

*&
from
.../,,.

CHAP.
Of
the

XXI.
ttfftS to debtors in a

Cruelty

of

Laws

in

Repubh.

him money, which

"What

G JR
fell

EAT

is

the fuperiority which one fellow-

fubject has already over another, by lending the latter borrows in order to

fpend, and of courfe has no longer in his pofiellion. mud be the confequence if the laws of a re

public

make
?

a farther addition to this fervitude and

*

fubjection
to

At Athens and Rome

it

was
c

at firft

fuch debtors as were infolvent.

(

permitted Solon re-

I]

k no man

by ordaining that But the decemvirs -j- did not reform the fame cuftom Rome and though they had Solon s regulation
)
,

drefTed this abufe at Athens

s

body mould anfwer

for his civil debts.

before their eyes, yet they did not chufe to follow it. This is not the only paiTage of the law of the twelve
tables,
in

which the decemvirs fhew

their defign of

checking the fpirit of democracy. Often did thofe cruel laws againft debtors throw the Roman republic into danger. A man all covered
*

A
It

great

many

Ibid their children to

pay

their debts.

Plu

tarch, life of Solon.

f
dec.

appears from
the

hiitory

that

this

cuftom was eftablifhed

among

Romans
2.

before th

law of the twelve tables.

Lity

I.

book

with

OF LAWS.
with wounds,

285
l

from his creditor s BOOK XII The peo Q UP 22 houfe, and appeared in the forum ( ). bionyf. pie were moved with this fpedacle, and other citizens whom their creditors durft no longer confine, ^ Rom. Anemerged from their dungeons. They had prormles made them, which were all broke. The people \ upon this having withdrawn to the Sacred Mount,

made

his efcape

"

iar>

,-q. i

obtained, not an abrogation of thofe laws, but a Thus they quitted a magiftrate to defend them.
flate

into tyranny. was going to

tors

of anarchy, but were foon in danger of falling Manlius to render himfelf popular, fet thofe citizens at liberty, who had
/)

been reduced to flavery by their inhuman credi Manlius s defigns were prevented, but ( ). Particular laws faciwithout remedying the evil.

*
!

litated to debtors the

means of paying

),

and

in the c.imillus.
s
(

year of Rome 428 theconfuls propoled a law* which deprived creditors of the power of confining their

^e

\"

debtors in their

own

houfcs
to

-f-.

An

^^
book
j

ufurer,
i

by name

Papirius* attempted

young man
Sextus
s

corrupt the chaftity of a j 77u named Publius, whom u kept in irons. he

r>

the 24th cha P^r of the

Of

au

crime gave to

Rome

its

political liberty

relative to

that of Papirius gave it alfo the civil. Such was the fate of this city, that

u fe

of

ne

confirmed the liberty, which thofe of a

date had procured
it.

new crimes more ancient

dppius

attempt upon Vir

ginia, flung the people ?.gain into that horror againfl

tyrants with which the misfortune of Lucretia had h firfl infpired them. Thirty feven years after ( ) the

(>>)

The
of

crime of the infamous Papirius^ an action of the

fc

ear
>

Rome

One hundred and twenty

Roman*,

years after the law of the twelve

velut aliud initium libertatit faftum

tables, eo anno plebi

nf&i dejierunt. Livy lib. 8. sjl quod f JBena debitcris, non corpus cbnoxium

ejftt.

Ibid.

like

286 BOOK
XII.

THE SPIRIT
like criminal nature
*

was the caufe of the people

e

the Janiculum ( ), and of giving new retiring to Chap. 22. See a vigor to the law made for the fafety of debtors. Since that time creditors were oftener profecuted fragment of Dionyf. d the laws againft by debtors for having \ Hali earn. in the ex- uiury, than the latter were fued for refilling to pay traft of
(_=.,

them.

virtue

and

vices,
s

Livy

C
Of
things
ti- iit

II

P.

XXII.

epitome,

book
V

ftrik?. at

Frein2.

(hemi

book

B V. R T Y has been often weakened in monarchies by a thing of the lead ufe in the this is the naming of comworld to the prince

LI

rninioners to try a private per Ion. The prince himfelt derives fo very tage from thofe commillioners, that it

little
is

advan

not worth

while to change tor their fake the common courfe of lie is morally fure that he has more of things, the Ipirit of probity and juftice than his commiffioners,

who

by

his orders,

always think themfelves fufficiently juftified by a dubious intereft of ftate, by the

choice that has been

made of them, and even by

their very apprehenfions.

it

Upon the arraigning of a peer under Henry VIII. was cuftomary to try him by a committee of the houfe of lords by this means he put to death as
:

many
"

peers as he pleaitd.
Plautiu;

That of
:t

who made

an attempt

not to he
nv.

upon the body of Thefe two events ,:her the lame peribns,

H A

P.

O F L A

S.

287

CHAP.
Of
I

XXIII.

Spies in

Monarchies.
is

be afked whether there

in

SHOULD
ceffity for

fpies

monarchies

-,

my

any neanfwer

BOOK
XI1
-

would

be, that the ufual practice of good princes is a man obeys the laws, not to employ them. he has difcharged his duty to his prince. ought

When

He

at

leaft

the reft
quiry.
ble,

houfe for an afylum, and of his conduct fhould be exempt from in

to have his

own

fpying-trade might perhaps be tolera but the nepractikd by honell men ceflary infamy of the perfon is fufficient to make us judge of the infamy of the thing. prince ought

The
it

were

-,

to act towards his fubjects with candor, franknefs, that has fo much difquiet, fufand confidence.

He

picion and fear,

his part.

an actor embarraffed in playing he finds that the laws are generally obferved and reflected, he may judge himfelf fafe.
is

When

The

general behaviour of the public anfwers for that of every individual. Let him not be afraid he ctnnot imagine how natural it is for his people to love him. And how ihould they do otherwife than
:

love

him

fince he

is

the fource of almofl

;

all

the

favours that

punifhments being ge He nerally charged to the account of the laws. never fhevvs himfelf to his people but with a ferene countenance ; they have even a mare of his glory,

are

fhewn

and they
his

are

protected by his power.

is

proof of

being beloved

fidence in

him

that his fubjects have a con what the minifter refufes, they
:

even imagine the prince would have granted under public calamities they do not accufe his per
fon
;

288

T H E
fon
.
d>

T
:

BOOK
Chap. 24.

tne y are apt to complain of his being mifmf rmc or befet by corrupt men Did the prince
are a kind of invocation and a proof of the confidence they have in his per fun.

lut know,

fay the people

thefe

words

H A

P.

XXIV.

Of

Anon\mous Letters.

Tartars arc obliged to put their names to their arrows, that the arm may be known When Philip of Macedon was that fhoots them.

T
tal

HE

wounded
wound

ac the fiege

were found on the javelin, After has given

^on

of a certain town, thefe words this morIf they

to f crve tnc Public, they would Mo-als not carry their complaint to the prince, who may be Camparijonoffome ea but to the magiftrates who have f,iy prejudiced,
*

to Philip
c

).

who

accufe a per-

mere ty

and Greek ru es tnat are formidable only to calumniators. But if they are unwilling to leave the laws open between Hijiorus, tom 2 them and the accufed, it is a prefumption they have g
^
"

reafon to be afraid of

them ; and the leaft punilhment they ought to fuffer, is not to be credited. Nft notice therefore mould ever be taken of thofe letters

but in cafes that cannot admit of the delays of the ordinary courle ot jufticc, and where the prince s welfare is concerned. Then it may be imagined that
the accufer has

made an

effort

which has untied his

(*)

Le g-

But in other cafes one tongue and made him fpeak. ought to fay with the emperor Conftantiuj cannot fufpeft a per fon who has wanted an accufery
:
"

"

tie

Theod. Fam.
"-

wbilft be did not

want an rnemy

)."

LiM

CHAP.

O F L A

W
in

S.

2? 9

CHAP.
Of
the

XXV.
Monarchies.
great fpring that
nolle,

manner of governing
royal
to

The
his

THE
There

authority

is

ought

move

eafily

and without

chap. :-,
\

Chinele boaft of one of their emperors, who governed, thry fay, like the heavens, that is, by

example.
are

fome

cafes in

to exert the full extent of his

which a fovereign ought power and others in

,

which he ought

to reduce

it

within

its

proper limits.

The

fublimity of adminirtration confiits in know ing perfectly the proper degree of power, that mould be exerted on different occalions.

The whole

felicity

of our monarchies

confifts in

the opinion people have of the lenity of the govern ment. wrong-headed minifter always wants

to

that

But granting even he ought to endeavour to All he conceal our miferable condition from us.
remind us of our
flavery.

we

are

flaves,

can fay or write, is that the prince is uneafy, that he is furprifed, and that he will fet things to rights.

There

is

a certain eafe in to

commanding

the prince

ought only

encourage, and leave the menacing part to the laws *.

CHAP.
That
in

XXVI.
to be

a Monarchy the Prince ought

Accejs.

of eafy

r
*

HE
ter

utility

of

this

maxim

will

appear bet

from the inconveniency attending the

Nerva, fays Tacttxf, encreafed the eafe of the empire.

I.

VOL.

contrary

290

T H E
"

T
I. SAYS THE new edit?, by

BOOK
z".

Chap

contrary practice. Si EUR PERRY

"

The Czar Peter

( ),

to

publijhed a
his

() State

of"

Ruflia p.
edition,

a ^
"

W&/V& ke forbids any of

-petition till after

fubjefts

to

offer kirn

bis officers.

In cafe

having prefented it to two of of a refufal of juftice they may

1717.

l(
"

"

prefent him a third, but upon pain of death if they arc in the wrong. After this no one ever prefumed to offer a petition to the Czar."

CHAP.
Of
the

XXVII.

Manners of a Monarch.
a

much Til
th<Tr

manners of
transform

prince

contribute
j

as

as the laws themiclvcs to liberty

like

he

may

men

into beafts,

and beafts

into

he likes free and noble fouls, he will have fubjccts ; if he likes bafe and daftardly fpirits, he v,ill have (laves. Does he want to know the
It

men.

great art of ruling r Let virtue around his perfon,

nal merit.

let

him call honor and him invite perfo-

He may

on talents and abilities. of thole rivals who are

he
is

even fometimes caft an eye Let him not be afraid

called

men of

merit

their equal

as

foon as he loves them.

Let

him gain

the hearrs of his people without bring Let him render ing their Ipirits into fubjec"lion. himfelf popular ; he ought to be pleafed with the affection of the loweft of his fubjects, for they

too very

are

men.

The common
that
it is

little

deference,
;

people require fo fit they mould be

humoured

the infinite didance between the fove-

reign and them will furely prevent them from giving him any uneafmels. Let him be exorable to fupplication,

and refolute againil demands

Jet

him be
fenfible,

OF LAWS.
fenfible,

29

that his people have his refufals, while his courtiers enjoy his favours.
in fine,

SOOK

CW

JS.

CHAP.
Of the Regard

XXVIII.
oive to their Subjects *

which Monarch*

fpect in point of raillery. deration, becaufe it opens the

PRINCES

ought

to be extremely circumIt

pleads with

mo
;

way

to familiarity

but a biting raillery is lefs excufable in them than in the meaneft of their fubjects, for it is they alone
that give a mortal

wound.
to offer a notorious infuk

Much

lefs

ought they

to any of their fubjecls ; kings were inftituted to pardon, and to punifh, but never to infuk.

When
more

they infult their fubjects, their treatment is cruel than that of the Turk or the Mufcovite.

The

infults

of the latter are a humiliation, not a

difgrace , but both muft follow from the infults of the former.

Such is the prejudice of the eaftern nations, that they look upon an affront coming from the prince, as the effect of paternal goodnefs and fuch on the
-,

contrary is our way of thinking, that to the cruel vexation of being affronted, we join the defpair of ever being able to wipe off the difgrace.

whom

Princes ought to be overjoyed to have fubjects to honor is dearer than life, an incitement to

fidelity as well as to

courage.
the misfortunes that have

They mould remember

happened to princes for infulting their fubjecls, the revenge of Chorea, of the eunuch Narfes, of count Julian^ and in fine of the dutchefs of Montpenfier^

who

being enraged againft Henry

III.

for having

publiihed

292

T H E
allhis
^9.

T
plagued him

BOOK
Chap.

published tome of her private

life

failings,

C
Of
the civil
in

II

P.

XXIX.
little

Laws

proper for mixing a a defpotic Government.

Liberty

T
fiblc

HOUGH defpotic
own

governments

are of their

nature every where the fame ; yet from circumftanccs, from an opinion of religion, from
prejudice, from received examples, from a particu lar turn of mind, from manners or morals, it is pof-

they

may admit of

a confiderable difference.

thatfome particular notions mould be eftablifhed in thole governments, thus in China the prince is confide red as the father of his people;
It is

uJeful

and

at the commencement of the empire of the Arabs, the prince was their preacher*. It is proper there fhould be fome facred book t

ferve for

rule,

as the

Koran among

the Arabs,
the

the

books

oi

/.i.ioaiter

among

the Perfians,
claflic

Vedam among the Indians, and the among the Chinefe. The religious

Books

code fupplies

the civil one, and directs the arbitrary power. It is not at nil amifs that in dubious cafes the
Hiftory

oftheTartar5,
.

judges (honld conlult the minifters of religion j ur jrj uls in ky tnr Cadis CO niult the Mollachs.
-^
.

^u
p>

But

it

it

....
it.il

iv.

.i
<:,i|

crime,
if

in
rC

the particular ji-dgi

be proper for fuch there be, to take the

it

may

governor s advice, to the end that the civil and Miallk powei ma) be tempered allo by the
political authority.

Hie

C
C

H A

P.

OF LAWS.
C"H

293

P.

XXX.
BOOK
,

Tbe fame

Subject continued.

NOTHING defponc power

:

but the very excefs and fury of ordained that the father s

difgrace fhould drag after it that of his wife and children. They are wretched enough already with out being criminals befides, the prince ought to
leave fuppliants or mediators between himfelf and the acculed, to affwage his wrath, or to inform his
juftice.
It is

an excellent cuftom of
a lord
is

the Maldivians

),

See

difgraced, he goes every day to pay his court to the king till he is taken again in:o tavour his prefence dilarms the prince s wrath.
that
:

when

fome defpotic governments * they have a notion that it is trefpafling againft the refpecl: due
In
to their prince, to fpeak to

him

in

favour of a per-

Thefe princes feem to ufe all their endeavours to deprive themfelves of the virtue of
fon in difgrace.

clemency.
Arcadius

and Honcrius,

in

a law

h
(

which we

hv

have already defcanted upon ( ), pofitively declare that they will mew no favor to thofe who fhall
k

fifth

m thecod

prefume to petition them in behalf of the guilty ( ). %/. jjjfy This was a very bad law indeed, fmce it is bad even (0 In the

under a defpotic government. r The cuftom or Perfia, which permits every

that pleafes, to leave
the kinp-dom,
is

man
j

excellent

f" of this book. Frede (

ter

nc copied
1S

* As at prefent in Perfia, according to Sir John Chardin this cuftom is very ancient iys Procopius, They put Cav there is a law which forbids any one in the caftle of oblivion to fpeak of thofe who are fruit up, or even to mention their
; ;

law in
ft oniti-

^
r

^
s
|

a P les

name.

book

and

THE
BOOK
Chap 30
ancj
as fugitives,

Pv

though the contrary practice derives its origin fr m defpotic power, which has always looked upon fubjects as Haves *, and thofe who quit the country
yet the Perfian practice is ufeful even to a defpotic government, becaufe the apprehenfion of the flight, or of the withdrawing of debtors, puts
a

Hop

to, or

moderates the opprefTions of bafhaws

and

extortioners.
In

monarchies there
rli,

is

who dom

arc inverted with public

generally a law which forbids thofe employments to go out of the king-

without

prince

lea^ r.

This law ought to be

eftablifhed

alfo in republics

Rut

fhc prohibition ought

thofc that have particular inlUtutions to be general, in order to prevent the

in

introdudUon of foreign manners.

BOOK

O F L A
<HMMk*WNt4MM^

S.

295

BOOK
Of
the Relation

XIII.

which the levying of

to

Taxes and the Greatmfs of the public

Revenues have

Liberty.
I.

CHAP.
Of

the State Revenues.

each fubject gives of his property, in order to lecure, or to have the agreeable enjoyment of,
the remainder.

TH

revenues of the ftate are a portion that

BOOK

To fix thefe revenues

mould be had both
to thofe of the fubject. ple ought never to give

in a

proper manner, regard

to the necefTtties of the ftate

and

wants of the peo way to the imaginary wants

real

The

of the

ftate.

Imaginary wants are thofe which flow from the paflions, and from the weaknefs of the governors, from the charms of an extraordinary project, from the diftempered defire of vain glory, and from a
certain

impotency of mind incapable of withftand-

Often has it happened ing the attacks of fancy. that minifters of a reftlefs difpofition, have imagined
that the wants of the ftate were thofe of their
little

own

and ignoble

fouls.

There is nothing requires more wifdom and prudence than the regulatiqn of that portion which is taken from, and of that which is left to, the
fubjecl:.

U4

The

296

THE SPIRIT
T ne
public revenues are not to be meafured by
are able, but

BOOK

what the people

by what they ought,

to give ; and if they are meafured by what they are able to give, it ought to be at leall by what they are able to give for a confbncy.

CHAP.
That
it is

II.

bad Reafoning to fay that the Greatnefs cf Taxes is good in its c-:n Mature.

T\

K R E have been

inftances in particular

monarchies, of fmall ilates exempt from taxes, that have been as miferable as the circumja cent phues which groaned under the weight of exns. The chief rcaibn of this is that the
,

fmall Hate can

Ifardly

have any fuch thing

as in-

duftry, arts, or manufactures, becaufe in this refpect it lies under athoufand reftraints from the great (late
in

which
it,
;

it

rounds

and
ral

arts

The great ftate that furwith indt.ftry, manufactures, and eftablifhes laws by which thole feveis

inclofed.

is

blefied

advantages are procured.

The

petty ftate be

comes therefore necerTarily poor, let it pay ever fo few taxes. And yet fome have concluded from the poverry
of thofe petty
taxes.
ftates,

that in

order to render the

people induftrious,

But

it

they fhould be loaded with would be a much better conclufion

to fay that they ought to have no taxes at all. None live here but wretches who retire from the neigh bouring parts to avoid working ; wretches who dif-

heartened by pain and

confift in idlenefs.

toil

make

their

whole

felicity

The

OF LAWS.
The
effect of

297
is

wealth in
:

a country

to infpire

BOOK

every heart with ambition

the effect of poverty

The former is excited to give birth to defpair. labour, the latter is foothed by indolence.

is ch by & 4.

Nature is juft to all mankind-, fhe rewards them for their induftry ; whilft fhe renders them induftrious by annexing rewards in proportion to the greatof their labour. But it an arbitrary power de prives people of the recompenfes of nature, they fall into a difrelifh of induftry, and then indolence
nefs

and inaction feem

to

be their only happincfs.

III.

CHAP.
Of
ftate

Taxes in Countries where Part of tie People are Villains or Bondm.n.

THE
man
who
are

of villainage
tills

is

fometimes eftablifh-

ed after a conqueft.

In that cafe the

bond

the land, ought to have a kind of partnerfhip with his mafter. Nothing but a communication ofiofs or profit can reconcile thole,

or villain that

doomed

to

labour,

with thole

who

are

blefied with a ftate of affluence.

CHAP.
Of
a Republic in the

IV.
like Cafe.

a republic has reduced a nation to drudgery of cultivating her lands, flie ought never to fuffer the free fubject to have a power of increafing the tribute of the bondman. This

WH

EN

the

was not permitted

at Sparta.
(*)

thought the Helotes

Thofe brave people would be more indurtrious

in cultivating their lands,

upon knowing

r (i) that their tarch

fervitude

THE SPIRIT
1.
.

fervitude

was not

to increafe

Xlif
rv,, V^nap. f,

they imagined like-

wife that the mafters

&

6.

they defired ed to enjoy.

would be better citizens when no more than what they were accuftom-

CHAP.
Of
a Monarchy

V.

in the like Cafe.

own

WHEN
ufe
it is

the nobles of a monarchical ftate

caufe the lands to be cultivated for their

to have a

by a conquered people, they ought never power of increafing the fervice or tribute*.
right the prince fhould be fatisfied with the military fervice. But if he

Bcfides
his

own demefne and

raife taxes

wants to

on the bondmen of

his nobility,

the lords of the fevcral diftricts ought to be anfwerable for the tax -f, and be obliged to pay it for the

bondmen, by whom they may be afterwards

But
if

re-

imburfed.

this

rule

is

not followed,
s

the

Jord and the collectors

harafs the poor

of the prince
turns^
till

taxes will

bondman by
flies

he perifhes

with mifery or

into the woods.

CHAP.
Of
a defpotic Government

VI.
in the like Cafe.
is
ftill

indifpenfably neceflary in a defpotic go The lord who is every moment liable vernment.
to be dripped of his lands and bondmen, is not fa eager to preferve them. * This is what induced Charlemagne to make his excellent inftitutions
art.

WHAT
upon
is

has been above faid,

more

this

head.
in

See the 5th book of the Capitularies,

303.
th

f This

pra&ke

Germany.

When

OF LAWS.
When
Peter
I.

299
B
K

thought proper to follow the cufx torn of Germany, and to demand his taxes in mo- chap he made a very prudent regulation which is ftill & 7.
ney,

followed in Ruflia.

The gentleman
it

levies the tax

on the peafants, and pays

to the Czar.
all

If the

number of peafants
if it

diminifhes, he pays

the fame;
it

increases, he pays

no more

fo

that

is

his

intereft not to

worry or opprefs

his vafTals.

CHAP.
Of Taxes
in Countries
blijhed.

VII.
is

where Villainage

not

efta-

free fubjedls, and each man enjoys his pro perty with as much right as the prince his Ibvereignty, taxes may then be laid either on perfo.ns, on lands, on

WHEN

the inhabitants of a ftate are

all

merchandifes, on two of thefe, or on all three together. In the taxing of perfons, it would be an unjuft

proportion to conform exactly to that of property. At Athens the ( c ) people were divided into four
clafles.

Pollux

Thofe who drew five hundred meafures of b ok * or dry fruit from their eftates, paid a * ta- art liquid \^ Q thofe who drew three hundred lent to the public meafures, paid half a talent ; thofe who had two hundred meafures paid ten minre ; thofe of the fourth clafs paid nothing at all. The tax was fair, though it was not proportionable if it did not fol low the proportion of people s property, it fol lowed that of their wants. It was judged that every man had an equal want of the neceffaries of nature , and that the neceffaries of nature ought not
.
-,

* Or 60

minje.

to

300

T H E
to

S
to

P
this

BOOK
-

fucceeded the ufeful, u hich ought to be taxed, but Jefs than the fuperand that the largenefs of the raxes on what fiuous
;
,

be

taxed

that

was fuperfluous prevented

In the taxing
lifts
ot"

fuperfluity.
it is

lands,

cuftnmary

ro

make
of

or regifters

in

which
But
it

the different
is

dalles

eftates are ranged.

very difficult to
fo to

know
Here

thele differences,
that are

and

Hill
in

more

find people

not interefted

miftaking them.

therefore are

two

foils

and that
not

ot the thii

of mjuftice, that of the man Rut if in general the tax be

the people continue
to

exorbitant, and

have

nry of neceiTanes,
will

thefcr

do no harm.

On

particular acts of injuftice the contrary, if the people

jufl:

are permitted to enjoy only

what

is

necelTary for

fubfiftence, the leaft disproportion

will

be

of the

greateft confequence.
It

fome (ubje&s do not pay enough, the mil,

:

chief

is not fo great their convenience and eafe turn always to the public advantage if fome pri vate people pay too much, their ruin redounds to

tlie

tions

If the public detriment. government propor its fortune to that of individuals, the eafe

fortune

and conveniency of the latter will foon make its rife. The whole depends upon a critical

moment

mall the

(late

begin with impoverifhing

?

the fubjefts to enrich itfelf

to be enriched

Or had

it

better \vait

by
it

advifeable for

wealthy fubjects ? Is it more to have the firft, or the fecond ad

its
it

vantage ? Which fhall end, with being rich ?

chufe,

to

begin, or to

The duties felt leaft by the people are thofe on merchandize, becaufe they are not demanded of them in form. They may be fo prudently managed, that
the

L A

S.

301

the people themfelves mall hardly know they pay BOOK For this purpofe it is of the utmoft confe- Ch them. quence that the perfon who fells the merchandize

fhould pay the duty. He is very fenfible thac he does not pay it for himfelf ; and the confumer who pays Some it in the main, confounds it with the price.

authors have obferved that Nero had abolifhed the

duty of the

five and twentieth part arifmg from the fale of (laves *j and yet he had only ordained that it mould be paid by the feller inftead of the

purchafer
intire,

this regulation,

which

left

the import
it.

feemed neverthelefs to fupprefs

are

There

two dates

in

Europe where

there

are very heavy imports upon liquors ; in one the brewer alone pays the duty, in the other it is levied
in the firft indifcriminately upon all the confumers no body feels the rigor of the import, in the fecond
:

it is

fubjecl:

In the former the looked upon as a grievance. is fenfible only of the liberty he has of not
in the latter

paying,

he

feels

only the necefilty that

compels him

to pay.

quires a perpetual their houfes.

this to liberty
,

Farther, the obliging the confumers to pay, re rummaging and fearching into

Now

nothing

is

more contrary than

forts

and thofe who eftablifh thefe

fo

of duties, have not furely been

fped, as to hit upon the beft
ftration.

happy in this remethod of admini-

fpetie magis
tern pretii

vicefinue venalium truwcipiorum remtjjum Veftigal quintee quam vr, quia cum i>enditor pendere jubcretur, in farTacit. Annal. lib. 13. accrefcebat. emftorihus
5"

CHAP.

302

T H E
In

CHAP.
what manner

VIII.
is

the Hlufion

preferred.

BOOK

order to

A
mud
be fome
not to be an
little

the purchafer confound the the impoft, ther proportion between the impoft and

make

the value of the

r.vi

value.

wherefore there ought duty upon merchandizes of Then: are countries in which the duty

commodity
.

-,

fTive

exceeds (even teen or eighteen times the value of the

commodity.
hilion:
in

In this cafe the prince

removes the

il-

an

fubjecls plainly fee they are dealt with unit ilonable manner; which renders them
his

mod

c-xquifitcly lenfible

of

their flavifh fituation.

prince to be able to levy a duty fo dilproportioned to the value of the commodity,

liefidcs the

mud

be himielf the vender, and the people rnuft

it

not have

in their

power

to purchafe itelfewhere:

a practice fubject to a thonfand inconveniencies.

Smuggling being
the natural and

in this cafe

extremely lucrative,

mod

reafonable penalty, namely, the

confifcation of the merchandize, becomes incapable of putting a flop to it, efpecially as this very mer chandize is intrinfically of an inconfiderable value.

Recourfe

mud therefore be had to extravagant punifhments, fucK as thofe inflicted for capital crimes. All proportion then of punifhment is at an end.
;

are

People that cannot really be confidered as bad men, punimed like villains which of all things in the
is

world,

the

mod

contrary to the

fpirit

of a

mo

derate government. cheat Again, the more the people are tempted to the farmer of the revenues, the more the latter is
enriched,

O F L A

S.

To put enriched, and the former impoverifhed. a flop to fmugghng, the farmer muft be invefted Q iapwith extraordinary means of oppreflin^, and then & 10.
the country
is

303 **

ruined.

CHAP.
Of
a bad kind of

IX.
I in

pod.

WE
who
ple

(hall here

take Tome curfory notice of

in

an impoft laid the different articles of

civil contracts.

particular countries on As thcle

are things fubject to very nice difquifitions, a va deal of knowledge is necefiury to make any tole
rable defence againll the farmer of the revenues, interprets, in that cafe, the regulations of the prince, and exercites an arbitrary power over peo
s fortunes. Experience has demonftrated that a duty on the paper on which the deeds are drawn, would be of far greater fervice.

CHAP.

X.
the

That the Greatnefs of Taxes depends on

of the Government.

Nature

TAXES

ought to be very light in defpotic otherwiie who would be at governments

,

the trouble of tilling the land ? Befides, how is ic poflible to pay heavy taxes in a government that

makes no manner of

return to the different contri

butions of the fubject ? The exorbitant power of the prince, and the ex treme deprefTion Of the people, require that there

Ihould not be even a poffibilicy of the leaft miftake The taxes ought to be fo eafy between them.
to

304
B
Chap,
K

T H E
to colled,

and

io,

i n.

opportunity nifh them.

Ib clearly fettled, as to leave no for the collectors to increaie or dimi-

portion of the fruits of the earth,

a capitation, a ducy of fo much per cent, on mer chandizes, are the only taxes fuitable to that go

vernment.

Merchants in defpotic countries ought to have a perfonal fateguard, to \vhich ail due refpecl fhould be paid. Without this they would ftand no chance
in the

difputes that the prince s officers.

might

arile

between them and

II

A
r

P.

XI.
ts.

rdpecl to final punifhments, there one thing very particular, that contrary to the general cuftom, they are more fevere in
I

w
in Afia.

Of

fifcal

Til

is

Europe than

in

Afu.

In

Europe not only

the

merchandizes, but even

carriages are confifcated
-,

ibmetimes the mips and which is never practifed

This
in

is

becaufe in Europe the merchant

are able to flicker him from opAfia the defpotic judges themfelves \Vhat remedy \vould be the greatelt oppreflbrs.

has judges,
;

who

prefTion

could a merchant have

agair.ft

a bailiaw

that
?

was

determined to confifcate

his

merchandizes

er,

prince therefore rdtrains his own pow himfelf under a neceiTity of acting In Turky they raife with fome kind of lenity.

The

finding

( )

Father

only a Tingle duty for the importation of goods, and afterwards the whole country is open to the merchant. Smuggling is not attended with confifcation,

or increafe of duty.

In

China

( )

they ne

ver

O F L A
chants.

S.
are not
r.

305
mer- B
K
rri

ver open the baggage of thofe

who

ory of Ch: J^ the Mogul is not punifhed with confifcadon, but & 12. b with doubling the duty. The princes of ( ) Tar- -*\ Hiitory tary who refide in towns, impofe fcarce any duty at Jjf

Defrauding the cuftoms in the

all

on the goods
it is

In Japan,
is

that pafs through their country. true, the defrauding of the cuftoms

rt

.&]

p. 290.

a capital crime , but this is becaufe they have particular reafons for prohibiting all communication is rather a con v/ith foreigners , hence the fraud

travention of the laws

made

for the fecurity of the

government, than thofe of commerc

A
"

Relation between the Great/

of Tc.xes and Liberty.

is

IT

a general rule, th

*xes

nay be heavier

in

proportion to the liberty of the fubject, and

that there

is a necefllty for reducing them in pro i hL has al portion to the increafe of finery, It is a been and always wiU be the cafe. ways rule derived from nature that never varies.

We

find

it

in all

parts,

in

England,

in

Holland, and

in every (late

where

we come

to

Turky.

liberty gradually declines till Swifierland feems to be an ex

ception to this rule, becaufe they pay no taxes ^ but the particular realbn for that exemption is well
* Being willing to trade with foreigners without having any communication with them, they have pitched upon two nations for that purpofe, the Dutch for the commerce of Europe, and the Chinefe for that of Afia they confine the factors and failors in a kind of prilbn, and lay fuch a reilraint upon them as tires their
;

patience.

VOL.

I.

known,

3 o6

T
n t-hok i2 ^

R
I

BOOK
Chap

known, and even confirms what

have advanced.

barren mountains provifions are To dear, and the country is fo populous, that a Swifs pays four times more to nature, than a Turk does to

the Sultan.

A conquering people, fuch as were formerly the Athenians and the Romans, may rid thcmlelves of
all

Then

they reign over vanquished nations. indeed they do not pay in proportion to their liberty, becaufe in this refpecl they are no longer a
taxes, as
f

people, but a monarch. But the -,,-neral rule ftill holds good. In mode rate governments there is an indemnity for the

weight of the taxes, which

countri
is
*

is

liberty.

In defpotic

there

is

an equivalent for liberty, which

the lightnels of the taxes. In ibme monarchies in Europe, there are

-f*

par

ticular provinces,

their civil

which from the very nature of government are in a more flourifhing

condition than the

reft. It is pretended that thefe provinces are not fufRciently taxed, becaufe through the gcodnefs of their government they are able to be higher: hence the miniflers feem conilantly
;

to aim at depriving them of this very government, a bleffe blefiing is derived from whence a
<.:

ing which fpreads its influence todiftant parts, and redounds even to the prince s advantage.
In

he tax

ut fmall
iie

thev have been increafed

is

prince
tha

exercifcd v.ith
rt.

more mo-

T.irt.ir-;.

% ujioi-o the Itates of the province afTemble

H A

P.

O F L A

S.

307

CHAP.
^AXES
may

XIII.

In what Governments Taxes are capable of Increaft. be increafed in moft republics,

BOOK
&

becaufe the citizen, who thinks he is paying himfelf, willingly fubmits to them, and moreover
generally able to bear their weight through an effect of the nature of the government.
is

In a

monarchy
:

taxes

the moderation of the

be increafed, becaufe government is capable of

may

procuring riches

it is

the prince for the refpecl; he

a recompence, as it were, of mews to the laws. In

defpotic governments they cannot be increafed, be caufe there can be no increafe of the extremity of
flavery.

CHAP.
That
the

XIV.
is

Nature of the Taxes

vernment.

relative to

the

Go

A
mod

CAPITATION

is

more natural

to

flavery ; a duty on merchandizes is more natural to liberty, becaufe it has not fo direct a
relation to the peribn.
It is natural in a defpotic government for the prince not to give money to his foldiers, or to thcie belonging to his court-, but to diflribute lands

amongft them, and of courfe that there mould be But if the prince gives money, the very tew taxes.
natural

tax

he

can

raife,

is

a capitation,
as
it is

which can never be confiderable.

poffible
tors,

For

im-

to

make

different clafies

of the contribu

becaufe of the abufes that might arife from 2 thence,

3oS

THE SPIRIT
thence,
c

BOOK
Chap
14,

&

is.

coniidcring the injuftice and violence of ^ e government, they are under an abfolute neceffity of regulating themfelves by the rate of what

even the pooreft and moft wretched are able to

pay.

The

natural tax of moderate

governments,

is

the duty laid on merchandizes. As this is really d by the container, though advanced by the mer chant,
it is

a loan

made

to

the

confumer.

which the merchant has already Hence the merchant

muft be confidered on the one fide, as the general tor of the (late, and on the other as the credi
tor of every individual.

He

advances to the

(late,

duty which the confumer will fome time or other und, and he has paid for the confumer the du It is ty which he has paid for the merchandize. therefore obvious that in proportion to the mode
ration of the government, to the prevalence of the fpirit of liberty, and to the fecurity of private for

tunes,
to

the

more

advance money to the

merchant has it (late, and

in

his

power
confi-

to

pay

rable duties for individual?.

In England a mernds really to the government fifty or fixty for every tun ot wine he imports. ."ling
the merchant that

iere

is

would dare do any fuch

thing in a country like Turky ? prefumptuous, how could he do

pr mattered fortune
?

And
it

were he

lo

with a dubious

CHAP.
*

XV.

Abitfs of Liberty.

O
py.

thefe great advantages of liberty it is has been abufed. ing that liberty itieif Becaufe

or LAWS.
]i Becaufe a moderate government has been pi ^ tive of admirable effects, this moderation has been Lha becaufe great taxes have been railed, laid afide
:

3
;

,-

and ungrateful they wanted to raife them to excefs to the hand of liberty of whom they received this to flavery \vho prefent, they addrefied themfelves
:

never grants the lead favor.

exceflive taxes

Liberty produces excefllve taxes ; the effect of and flavery produces a is flavery
-,

diminution of tribute.
to
the edicts of the eaftern monarchs are exempt every year fome province of their em The manifeftations of pire from paying tribute But in Europe the ediJh of their will are favors.
princes are difagreeable even before
th<

Moft of

fccn,
th-.-ir

becaufe they always make mention of wants, but not a word of ours.

own

From an unpardonable indolence in the miniily of thofe countries, owing to the nature of the government, and frequently to the climate, the
people derive this advantage, that they are not inThe pub cefiantly plagued with new demands.
lic

fters

expence does not increafe, becaufe the minido not form new projects and if fome by
,

chance

are

formed,

they

are

fuch as are foon

governors of the ilate do not per petually torment the people, becaufe they do nor per But it is impoITible petually torment themfelves.
executed.
there fhould be any fixed rule in our finances, be caufe we always know that we fhall have fomething

The

or other to do, without ever knowing what it It is. no longer cuftomary with us to give
* This
is

is.
ti,

the praftice of the Emperors of Ch.

appellation-

3 io

T H E
16

BOOK
Cha

&

17.

a great minifter to a wife difpenfer of appellation of tne public revenues; but to a perlbn of dexterity and cunning, who is clever at rinding out what we
call the

ways and means.

CHAP.
Of
was
carried
feries

XVI.
Mahometans.
*

tbe

Conquejls of the

this excefs of taxes

facility

that occafioned the

ITprodigious
on

with which the Mahometans

Inftead of a continual

their conquefts.

of extortions devifed by the fubtle avarice of

the emperors, the people were fubjected to a fimple tribute, which was paid and collected with eafe.

Thus

they were far happier in obeying a barbarous

nation, than a corrupt government, in which they furTered every inconveniency of a loft liberty, with
all

the horrors of a prefent flavery.

CHAP.
Of

XVII.

the Augmentation of Troops.

ANEW
rope
It
;

diftemper has fpread itfelf over Eu has infected our princes, and in duces them to keep up an exorbitant number of
it

troops.

has

its

redoublings,

and of

necefilty

For as foon as one prince becomes contagious. reft of augments what he calls his troops, the courfe do the fame; fo that nothing is gained there as by but the public ruin. Each monarch keeps

many
of

armies on foot as

if his

people were in dan-

ee in hirtory the greatnefs, the oddity, and even the follv thofe taxes. Anaflafius invented a tax tor breathing, v.t
aeris fcr.deret.

O F L A
,

S.

and they gave the name ger of being exterminated of peace * to this general effort of all againft all.

311
K

chap, i-,
18.

ruined to that degree, that were x to be in the fame fituation as the private people three mod opulent powers of this part of the

Thus Europe

is

world,

We

are poor

they would not have necctfary fubfifter with the riches and commerce of
;

the whole nniverfe

and loon,

by thus augment

ing our troops, we fhall have nothing but foldiers, and be reduced to the very fame fituation as the
Tartars

Great princes not fatisfied with hiring; or In troops of petty ftates, make it their bufinef* on
j

to

pay fubfidics

for alliances,
their

that

is,

almoft

generally, to

throw away

mon
;

The

petual augmentation

confequence of luch a fituation is the per of taxes and the mifchief

which prevents all future remedy, is that they reckon no more upon their revenues, but go
to

war with

their

whole

capital.

It

is

no unufual

thing to fee governments mortgage their funds even in time of peace, and to employ what they call c
traordinary

means

to

ruin

themfelves

means

fo

extraordinary indeed, that fuch are hardly thought on by the moft extravagant young fpendthrift.

A- P.

XVIII.
7"

Of an Exemption from

TH
*

E maxim

of

the great eaftern empires

as

of exempting fuch provinces, X4

it is

have very

much
r>e\v
i

True

that

thi-^

Rate of effort
for

is

the chief fupport of the

balance, becaufe

it c

f All th^t

is

wanting

~e great powers. this, Is to improve the

Mention

312
B
Chap.
K

T H E
much
this

differed,

from

taxes,

monarchical
i?>

ftates.
is

There
if

ought are fome indeed where

;

to be extended to

&

19.

maxim

eftablifhed

more oppreiTed than

lefs,

no fuch

yet the country is rule took place ;

becauie as the prince levies

the (late

ftill neither more nor becomes bound for the whole. In

order to eafe a village that pays badly, they load another that pays better i the former is not relieved,

and the

latter is ruined. The people grow defperate between the necefiity of paying, for fear of exactions ; and the danger of paying, for fear of

new

charges. well regulated government ought to fet afide For the firft article of its expence a determinate fuzn

for contingent cults.

It is

with the public

as with

individuals, who are ruined actly to their income.

when they
for

live

up ex
whole

With
amongft

regard

to

an obligation

the

the inhabitants of the fame village, fome pretend *, that it is but reafonable, becaufe there is a poffibility of a fraudulent combination on their
fide
:

but

who

ever heard that upon mere fuppofi-

tions

are to eftablilh a thing in itfelf unjuft ruinous to the ftate ?

we

and

CHAP.
Which
is inoft

XIX.

the People, fuitalle to the Prince and to the letting out to farm, or the Adminiftration of the

Revenues ?

TH
ry
it

adminiftration of the revenues

is

like

the conduct of a
fame excefs

good

father of
all

a family,

vention of the militia eftablifhed almoft

to the
as

over Europe, and car

troops.

* See a Trcatije on the Roman Finances, chap. 2.

they do the regular

printed

at

Paris

by

Briaffon,

1740.

who

O F L A
who
collects his

S.

313
ceconomy
B
^
J

own

rents himfelf with

and order.

Chap

By
is

the adminiftration of the revenues the prince at liberty to prefs or to retard the levy of the
his people.

taxes, either according to his

of
a

By

this

own wants, or to thole he laves to the ftatc the

immenfe
it

profits

of the farmers, who impoverifh

By this he fpares the people the mortifying fight of fudden fortunes. By this the money collected paffes through few hands, goes
thoufand ways.
directly to the treafury, and confequently makes a By this the prince quicker return to the people.

avoids an infinite

number of bad laws extorted from him continually by the importunate avarice of the

farmers,

who pretend to offer a prefent advantage for regulations pernicious to pofterity. As the moneyed man is always the mod power
ful,

the farmer renders himfelf arbitrary even over

the prince himfelf; he is not the legiflator, but he obliges the legiQator to give laws. In republics, the revenues of the date are

ge

The contrary prac nerally under adminiftration. tice was a great defect in the Roman government

In defpotic governments, the people are infinitely happier where this adminiftration is eftablifhed ;
witnefs Perfia and China
are thofe
g The unhappieft of all ( ). where the prince farms out his fea ports and trading cities. The hiftory of monarchies
(s)

See

s ir J ol ?n ,
tr

av4s

through was obliged to remove the publicans from the pro- Perfa, vince of Afia and to eftablifh there another kind of adminiitra- Tom. 6, tion, as we learn from Dio; and Tacitus informs us that Macer donia and Achaia, provinces left by Auguftus to the people of Rome, and confequently governed purfuant to the ancient plan, obtained to be of the number of thofe which the emperor go verned by his officers,

Ge&r

abounds

3 i4
j:

T H E
revenues.

T
the

o o K

abounds with mifchicfs done by the farmers of

cp"; 9f

&

20.

Nero incenfed
publicans,
project

at the oppreftive extortions of the

formed

magnanimous but

impoflible

of abolifhing all kinds of impofts. He did not think of an adminiftration of the revenues,
but made four edicts ; that the laws enacted againft publicans, which had hitherto been kept fecret,
fhould be

made public ; that they fhould not pre tend to any thing which they had omitted to de of a year ; that there fhould be a mand in th
i

pnctor eftabllfhed to judge their pretenfions with and that the merchants fhould out any iormality
;

uty for their vcfiels. days of that emperor.

Theie were the bright

C
Of
i

H A
when

P.

XX.

rwers of tic Revenues.

loft

AL
their

is

the lucrative profeiTion of

farmers becomes likewife, by means of the riches with which it is attended, a poft of honor.

This may do well enough

employment

is

in defpotic ilates, where oftentimes a part of the functi

But it is by no ons of the governors themielves. means proper in a republic , fmce a cuftom of the
like nature deftroyed the republic
is it

of Rome.

Nor

better in monarchies
fpiric

nothing being more op-

pofue to the
its

of

this

other orders of the (late are diffatisfied

government. All the honor lofes ;

ftincftion are

whole value ; the flow and natural means of dino longer regarded and the very prin
;

ciple of the

government

is

fubvetted.

It

O F L A
It
is

S.

315
K

true indeed that fcandalous fortunes were B

in

former times-, but this was one of calamities of the fifty years war. Thefe riches were
raifed

XIII

then confidered as ridiculous;

now we admire them.

The lot profeflion has its particular lot. of thofe who levy the taxes is wealth, and the reEvery

compence of wealth is wealth nor fall to the mare of that

itfdf.

Glory and ho

nobility

who

neither

know, fee, nor feel any other happinefs than honor and glory. Refpect and efteem are for thofe minifters

and magiftrates, fucceffion of labour,

whofe whole
and

life is

continued
night

who watch day and

over the happinefs of the empire.

BOOK

3i6
*;:::

T H E
:::::

R
. :

T
.

..;.. :

,:..

. :

;.. : ..;.+. :

.. .. .. . : ;
;

BOOK
Of Laws

XIV.
Nature of

as relative to the
the Climate.

CHAP.
General Idea.

I.

BOOK

TF

it

be true that the character of the mind, and

JL the pafllons of the heart are extremely different in different climates, the Jaws ought to be relative both to the difference of thole paffions, and to the difference of thole characters.

CHAP.
Of
the Difference of

II.

Men

in different Climates.

AC
tracts
-f it

O LD

air

of the external

fibres

conftringes the extremities of the body ; this inIt

creafes their elafticity,

and favors the return of the

blood from the extremities to the heart.

con

thofe very fibres , consequently it increafes allb their force. On the contrary a warm air relaxes

and lengthens

the extremes of the fibres

elafticity.

of courfe

diminifhes their force and

mates.
*

People are therefore more vigorous in cold cli Here the action of the heart and the reThis appears even
in the

countenance

in cold

weather peo

ple look thinner.

We know

it

fhortens iron.

action

O F L A

S.
y

317
K
)

action of the extremities of the fibres are better

formed, the temperature of the humours is greater, the blood moves freer towards the heart, and eciThis h procally the heart has more power.
rity

2.

of ftrength muft produce a great

inftance,

many
is,

eh

for

greater

boldnefs,

that

re

courage , a greater fenfe of fuperiority, that is, lefs defire of revenge , a greater opinion of fecurity,
that
is,

more
In

franknefs,
fhort this

lefs

fufpicion, policy,

and

cunning.

muft be productive of Put a man in a clofe very different characters. warm place, and he will, for the reafons above If under this circumgiven, teel a great faintnefs.

ftance

believe
it
:

his

you propole a bold enterprize to him, I you will find him very little difpofed towards prefent weaknefs will throw him into a
;

defpondency of foul
thing,
thing. like old

becaufe he will

feel

he will be afraid of every himfelf capable of no

The

inhabitants of

warm

countries are,

men, timorous; the people in cold coun tries are, like young men, brave. If we reflect i the late * wars, which are more prefent to r memory, and in which we can better diftingu feme flight effects that efcape us at a great diflar j
t
o>

of time

we

(hall

find that the northern

pet
:

tranfplanted into fouthern countries f, did perform fuch great feats as their countrymen, fighting in their own climate pofleffed the

>

vigor and courage. This ftrength of the fibres

is

in

northern

the caufe that the coarfeft juices are t aed from their aliments. From hence two things refulc;
Thofe for the fucceffon For jnlbnce to Spain.
to the Spanilh

Monarchy.

j-

one

T H E
*

P
i

T
:

E0 o K

Cha

one that the parts of the chyle or lymph are more P r P er ky reajon f tne r l ar ge farface, to be ap and to nouriih, the fibres the other, plied to,
that they are
nefs,
lefs

proper,

becauie of their coarfe-

to give a certain fubtilty to the nervous juice.

Thofe people have

v.
ir

therefore large bodies and

little

.city.
<-

nerves that terminate from

all

parts in the
;

form each a bundle of nerves generally fpcaking, the whole nerve is not moved, but a very In warm climates where the cutis is minute part. re the ends of the nerves arc opened and exCutis,
-.\x<:;l,

poln.1 to the fmallefr. aclion

In cold countries the cutis

pnpillre

is

of the weakeft objeds. conflringed, and the

the miJiary glands are in fome and the fenfation does not reach the brain but when it is very ftrong and proceeds

comprdled
;

meafure paralytic

from the
taftc, finite
I

-whole nerve at once.

Now

imagination,
in

fcnfibility,

and vivacity, depend on an

fmall fenfations.

number of

have c

:d the outermoft part of a fheep

it

tongue, where to the naked eye with papilla?. On thefe papilla?,

feems covered

have difcerned

through a microfcope, fmall hairs or a kind of down; between the papillas were pyramids fhaped
towards the ends like pincers. Very likely thefe ramids are the principal organ of tafte.
I

and obferving

caufed the half of this tongue to be frozen, the naked eye I found the it with
:

even fome rows papilla confiderably diminished of the papillas were funk into their (heath. I exa
I

mined the outermoft part with the microfcope, and In proportions as the perceived no pyramids.
the papillae feemed to the na-ked eye to

froft -went off,

O F L A
to
rife,

S.

and with the microfcope the miliary glands

BOOK

319

began to appear. This obfervation confirms what I have been fay the nervous glands are ing, that in cold countries
lefs

or

fpread \ they fink deeper into their fheaths, they are flickered from the action of external Confequently they have not fuch lively objects.
fenfations.

In cold countries,
lity for pleafure
;

in

they have very little fenfibitemperate countries they have

is

more
fite.

in

warm
v;e

countries their fenfibility

cxquiin

As

climates are diilinguifhed by degrees of

latitvidc,

might diftinguiih them

fenfibility.
,

alfo,

feme
fan-

meafure, by degrees of

have feen the

operas of England and of Italy pieces and the fame performers

they are the

\

mufic produces fuch different tions, one is fo cold and indifferent,

fo tranfported, that
It is the
it

and yet the fame effects on the two na and the other

feems almofl inconceivable.

cited

fame with regard to pain ; which is ex by the laceration of fome fibre of the body. The author of nature has made it an eftablifhed rule

that this pain fhould be more acute in proportion now it is evident that as the laceration is greater
:

the large bodies and coarfe fibres of the people of the north are lefs capable of laceration than the delicate
fibres of the inhabitants

of

warm
to

countries

confe-

quently ;he foul

is

there

lefs fenfible

of pain.
feel.

You
warm

muft

flay a

Mufcovite alive

make him
is

From
climates,

this delicacy
it

of organs peculiar to
that the foul

follows,

moved by whatever
of the two
object,
fcxes
:

has

fcnfibly relation to the union

mo ft

here every thing leads to this

In

320
*

T HE
K
^n
^

vr v

CJisp-. 2.

nortncrn climates fcarcc has the animal part f ove a P ower f making itfelf felt. In temperate
climates,

iove attended by a thoufand appendages,

firft

agreeable by things that have at the ap| earanee of love, though not the reality. warmer climates love is liked for its own fake,
itfelf

ivnders

In
it is

the only caufe of happinefs, it is life itfelf. In fouthern countries a delicate, weak, but fenfible
riles

machine, refigns and is inceffantly

is

itfelf either to

a love which
-,

laid in
in a

feraglio

or to a

love which leaves

and
tui!

greater independence, confequently expofed to a thoufand inquieIn northern climates a ftrong but heavy

women

machine, fuuls a plcafure in whatever is apt to throw the fpirits inr.o motion, fuch as hunting,

we meet with

In northern countries, travelling, war, and wine. a people who have few vices, many virtues, a great fhare of franknels and fincerity.

If we draw near the louth, we fancy ourfelves removed from all morality ; the flrongeft pafiions multiply all manner of crimes, every one endeavour ing to take what advantage he can over his neigh

In bour, in order to encourage thofe pafTions. temperate climates we find the inhabitants inconftant in their manners, in their very vices, and in their virtues the climate has not a quality determinate
:

enough
w_?

to fix

them.

The

heat of the climate

all

may be

fo exceffive as to

deprive the body of

the faintnefs
is

vigor and ftrength.

to the

Then
there
is

communicated

mind

no

curiofity,

no noble enterprize, no generous

;

fen-

indolence timentj the inclinations are all pafiive conftitutes the utmoft happinefs ; fcarcely any pu-

niihment

is

fo fevere as the action

of the foul, and

ilavery

OF LAWS.
flavery
is

321
^
^c

more fupportable than

the force and vigor

of mind neceffary for

human

action.

Chap.

j.

CHAP.
Contradiction
in

III.

the

Characters

of

fome foutbern

Nations.

F I
i[

HE
in

Indians
-,

are

people

even the children

naturally a cowardly of the Euro -f-

peans born
to their
this

own

climate.

the Indies lofe the courage peculiar But how fhall v/e reconcile
their cuftoms,

with their cruel actions, with

fo full of barbarity
i.

and penances
tarily

undergo the greateft burn themfelves here we find

:

The men volun the women

,
<,p^

a very

odd compound

of fortitude and weaknefs.

fo

Nature having framed thofe people of a texture weak as renders them timid, has formed them

fame time of an imagination fo lively, that -on every object makes the ftrongett imprelT; them. That delicacy of organs which renders them apprehenfive of death, contributes likewife
at the

them dread

a thoufand things

more than death

fly,

the
all

very fame fenfibilky makes them

dangers.

and dare

As

good education

is

more

dren than to thofe

who

arc

neceffary to chil arrived to a maturity

of underftanding, fo the inhabitants of thofe ciimates have much greater need than our people of
a wife legislator.
*

The

greater their fenfibiliry,

t.

One hundred European foldiers, fays Taverner. would without any great difficulty beat a thoufand Indian foldiers. f Even the Perfians, who fettle in the Indies, contrail in the third generation the indolence and cowardice of the Indians. Bernier, on the Mogul, Tom. i. p.

VOL.

I.

rr,.

32
B
K

THE, SPIRIT
ir

YTV
<

hap \,
4.

behoves them to receive proper imprefTions, to imbibe no prejudices, and to let themfelves be
le
lt

directed by realbn. At the time of the

Romans
:

the inhabitants of

the north of

Europe

lived without art,

education,

and almoil without laws the good ienfc annexed to

climates,

and yet by the help of fibres of thofe the

gr>fs

they
in

made

an admirable ftand
till

againft

the

power of the Roman empire,

that

memo
to

rable period Tub vert it.

\\hich they quitted their

woods

II

IV.
;0;%
i

Man):

Countries.

that

IIfion,
is

of organs which renders the in legible of every imprelaccompanied hkewiie with a fort of lazidtliv-.icy

people fo

nefs of

mind

of the naturally connected with that

body, by me,
.

which they grow incapable of

any action or eru-.r: i: is eaiy to comprehend, that when once the foul has received an impreflion Hie cannot

change
is

it.

This

is

the

realbn,

that

the

.loins,

feem
tirt

quit/*

luch

as

even thole which their manner of

to this very
li

tries as

day in eallern coun thoniand years ago.

>-.laus

Dumaiccnus, collected
ancient cuftom in the
.ny difpleafure
;

:tn
k

CHAP.

OF LA W CHAP. V.
That tbofe are lad
cf the
Climate,
tbofe Vice;.
Legij.

S.

,2
3

"our

tic rices

and gocd

Legijlators

ii

bo

cppcfe

THE
They

Indians believe that repofe and non-exiftall

ence are the foundation ot

the end in which

they terminate. therefore the (late of intire inaction as the moft per fect of all ilates, and the object of their defires.

things, and They confider

B o o ^ \ \
i

Q^

* the title of Imgive to the fupreme Being moveable. The inhabitants of Siam believe that
their utmoll: happinefs ( ) confifts in not being obliged to animate a machine, or to give motion to
, ,

( v

ia.

Relation

* body, of Siam, In thofe countries where the excels of heat ener- p. 446. vates and opprefles the body, reft is fo delicious,

and motion
fics

fo painful, that this fyftem

,

feems natural

and

-j-

Foe the

legiflator

of mctaphyof the

felt when he placed but his doc extremely pafTive trine arifing from the lazinefs of the climate, fa voured italfo in its turn ; which has been the fource

Indies followed

what he himfelf

mankind

in a ftate

of an

infinite deal

of mifchief.

The

legiflators of

China had more

in

fenfe,

when

confidering

men

not in the peaceful ftate which

the
fituation
life,

they are to enjoy hereafter, but

proper for difcharging the feveral duties of

:

"

* Pananad See Kircher. we f Foe endeavoured to reduce the heart to a mere vacuum ; have eyes and ears, but perfection confilb in neither feeing nor
<

hearing; a mouth, hands, 5V. but perfection requires that thefe members mould be inactive." This is taken from the dialogue of a Chinefe philofopher, quoted by father Du Halde
"
"

Tom.

:.

thev

324

T H L
t } 1C

SPIRIT
philoibphy, and laws
all
it.

BOOK
Cto!
ed -.

made

their religion,

phyfical cauies incline matt practical. kind to inaction, the more the moral caufes fhould

The more

cilrange

them from

C
Of
^

II

P.

VI.
in ii arm Climates.

the Cnltrcation of
V.

Lands

11

cultivation of lands

is

the principal

la

1 he more the climate inclines them to ihun this labour, the more their religion and laws ought to excite them to it. Thus the In dian laws, which give the lands to the prince, and
bour of man.
the
inc
fpirit

of property
ot

among

the fubjects,
is,

.\ effects

the climate, that

their

rural la/.iru

II

P.

VII.
}.

Of Mo
very fame
ifm
,
:

.!;fs

rcfult

from monacountries

it

had

its rile in

the

warm

Ids inclined to action

nun;

dervifes or

monks feems
are full of
in Europe. of the cli-

neat of the climate.

e
ip
i~r>

the
ci

".76

fame

ice

is

found
/.ineis

to fun
c

to

endeavour
:

to

means of fub
:s

\vithout labour

remove all But in the

re in

verie

to thofe \vho

of Europe they ace quite the want ro liv? in a it ate of

retr

dolence they afford

noil proper fora

fpeculative

OF LAWS.
fpeculative life, venues. Thefe

and endow them with immenfe

re-

BOOK
9.

325 ^

men, who

live

in

the midft of a ch

plenty which they know not the right to give their

to enjoy, are in & fuperfluities away to the

how

common people. The poor are bereft of property ; and thefe men indemnify them by fupporting them in idlenefs, fo as to make them even grow fond of
their mifery.

CHAP.
An
excellent

VIII.

Cuflcm of China.
(")

h Father hiftorical relations ( ) of China mention * ceremony of opening the grounds, which j^uHalde, the emperor performs every year. The defign of this of China, Tom public and folemn act is to excite f the people to

THE
a

p
tillage.

~2

Farther, the emperor is informed every year of the hufbandman who has diftinguifhed himfelt moft in his profefllon ; and he makes him a Mandarin

of the eighth order.

the ancient Perfians the kings quitted Hyde, ( ) rel] lon grandeur and pomp on the eighth day of the or 5 tne month called Chorrem-ruz to eat with the hufband- p cr fians men. Thefe infticutions were admirabl cal

Among

>)

their

culated for the encouragement of agriculture.

*
Several of the kings of India

do the fame
p. 69.

relation

of the

kingdom of Siam by La Loubere,

f Venty, the 3d emperor of the 3d dynafty, tilled the lands himfelf, and made :he emprefs and his wives employ their time in the Jilk-works in his palace. Hiltory of China.

CHAP.

326

THE
C
II

P I.R
P.

A
in

IX.
-*g

Mcr.nt of ena
T

Induftry.

o n K

T It
thi
%

VV

7 F
la;

fha

Hicw

the nineteenth

book

that

uons are generally proud.

Now

&

-\\\ the effedt might well be turned caufe, and laymcfs be deftroyed by pride. In the fouth Kuroj -, wh re people have fuch a high notion

iU- point oi
pi,

honor,

it

would be

right to give

lands,

or to

dmen who had* cultivated belt the aitttls who had made the greateft imtii; ir
.

p.ients in

tuc has
has
(

fr:t

ll.ilililhed

U veral profefTions. This pracJ in our days in Ireland, where it one oi the moil" confiderable linen

in

Kuroj

C
Of
/

II

P.

X.

warm
blood IX

countries the
itfelf

aqueous part
r

of

the
it

loles

greatiy

-Jpiration*;

mud
is

therefore be liipplied by a like liquid. there of admirable ufe ; Ibong liquo.

al

\\ ater

uld
after

the gl(;bules

-f

of blood that remain

the tranfuding of the aqueous humour. In cold countries the aqueous part of the blood
* Monfieur Berm er travelling from Lahor to Cachemir, wrote ,Vcr; fcarcc /v,-iv I J-a-aUo- ceJ a pint of like Jfiv cut cf all my limbs, my -n pints a day, and it does me no manner of BermVr s travels, Tom. 2. p. 261. f In the blood theie are red globules, fibrous parts, white globules, and water in which the whole fwims.
thus:

is

OF LA
is

V,
n.

very

little

evacuated b:
ufe

Tlvy

ni:.y

327 Boo

therefore

make
;

of

1;

intuous
1.

which the blood

liquors, wi linut They are full ot

humours

confequently ilron^

liqt.

hich give a
i
:

motion to the blood, are proj-fr tor thole coun The law of Mahomet, which prohibits the drink ing of wine, is there tore a law titled to the climate
of Arabia
:

and indeed

bci\>;v

time,

water was the

common

drink of the Arabs.

The
4
.

which forbad the Carthaginians to drink in tact, wine, was alfo a law ei the climate climate of thofe two countries is pretty near the
law
(*

-\

p;

th<

lame.

Such a law would where the climate

b::

improper fur cold countries, to force tnem to a kind ot

.

national drunkennefs,

very

nt

from perlonal Evan-

inrcmperaru the world, in

Drunkennefs predominates over all r a proportion to the coldnefs and humi- Hook
will find
d<

dity of the climate.

pole, and you

gether with the

fame equator drunkennefs

It
is

to

ti.

the equator to our drunkennefs increaiing to Go from the ^rte of latitud pole, and you will find

Go from

trav

fouth *, as on this fide

that where v
t-

ic

travels towards the north.

very natural
it

>

contrary
1th,

to the climate,
excels of

and confequently
4

the

mould be more

re

y p^mllud, th

in countries

bad

effects to the perfon,

it

where drunkenneis produces very tew to the ibcieiy, and

I

where

does

not

ftupid and hea

make people mad, bur only Hence laws -f- which punifhed
:

* This is feen in tl;e Hoctent moft fouthern part of Chili f As Pittacus did. accord n g He lived in a climate- where drunkei
i

the inhabitants of the

Piili

otle,
1

:.

lib.

i.

c.

5.

cti is

not a national vice.

Y4

drunken

THE SPIRIT
n
lor his
a

man both

for the fault he

committed, ,and

drunkcnnefs, \verc applicable only to a p erGerman fonal, and not to a r il, ebrier

hrough cuftom, and

In

a Spaniard

by choice.
fibres

warm

countries

.ixing

of the

pro

duces a great evacuation of the liquids, but the

are lefs
I

tranfpir

The
little

fibres

\\hith
are

but
r

!y
-,

and have very

:ritv,

much worn
.<:nt

a fmall quantity of nutritious juice

is

to repair

them
A

which reafon they

in different climates,

cat very
It
.t
:

m
jnce of
torni
L>

firfl

iffercnce in the

manner of

living,

bcre

rticular

gave rife to that of laws. are very communicative, there muft lav,? and others among people where
ol living
-,

there

is

but

little

communication.
XI.
tbe

CHAP.
Of
tb:

La

r j.-s

to

Diftempers

cf

tbe

Climate.

T TE R ODO T US
JL
I
-t,

informs us, that the

Jcwifh laws concerning the leprofy, were borro-.v d from the In practice of the Egyptians.

The

the fame diilemper required the fame remedies. ;id the primitive Romans were ftran.

vs,
r

as well as to the d; th

The
ref-

and Palefline rendered

i

\vl-.ic!i

this

diicafe
\

is

nt to

make
ws

us fenlible of the
vs.

lelt

the e
A.

of them.
:it
*

brou--. ht the ler

^>

us; but

329 but the wife regulations made at that time hindered BOOK XIV it from infecting the mafs of the people. ch u c find by the law of the ( ) Lombards that this ( ) Book
-

O F L A

S,

We

difeafe

was fpread in Italy before the crufades, and merited the attention of the Icgiflators. Rotharis

is

i.

ordained that a leper mould be expelled from his houfe and banifhed to a particular place, that he

mould be incapable of
becaufe from the very

moment he had been

all

difpofing of his property, driven

in the eye of the communication with

from home,
law.
lepers,
I

.he

was reckoned dead

Jn order to prevent

they were rendered incapable of civil acts. apt to think that this difeafe was brought in to Italy by the conquefts of the Greek emperors, in whofe armies there might be fome foldicrs from Pa-

am

leftine or

/Egypt.

Be

that as

it

may, the progrefs

of

it

was

returning from Syria brought a diftemper home with them not un have no account of any regu like the leproiy.
It is

ftopt till the time of the crufades. related that Pomney s foldiers

We

lation

made

at that

time; but

it is

highly probable

that

fome regulation was made,

till

fince the diftemper

was flopped
It is

the time of the

Lombards.

now two

centuries fince a difeafe

unknown

our anceflors, was fir ft tranfplanted from the new world to ours, and came to attack human nature
to

even

in the very fourcc of life and pleafure. Mod of the principal families in the fouth of Europe were fcen to perifh by a diftemper, that was grown too common to be ignominious, and was confidered in

no other light, than in that of its being fatal. It was the thirlr. of gold that propagated this difeafe; the Europeans went continually to America, and always brought back a new leaven of it.

As

1 .*! JB
it
is

SPIRIT

the health
{

or"

the bufinefs of legiflators to watch over the citizens, it would have been a wile
to have (lopped this communication by the plan of thole of 71
is

&.

part in

them

laws

made on The plague much more

a difeafe

whofe infectious progrefs

m whence Moft countries

rapid. ^gypt is its principal feat, it fp reads over the whole univerfe.
in

Europe have made exceeding good

regulations to prevent this infection, and in our times an admirable method has been contrived to
this is by forming a line of flop it troops round the infected country, which cuts off all manner of
;

communication.
^ ut

The Turks(
rc.fiKxt, i fee the

),

who have no
i

regulations in this
this infcc tion in the

l.r.

fame town, and none hiit themfeives periih ; they j buy the cloathb of the infected, wear them, and go noi ni. cd. on their old wjy .is The directs th do .ole fate,
i

.i

londuct,
,

rcMulc;
(

.(Irate a

cjiiic-t
.

;tor
_
.;

he thinks that jod has ah

-.at

nd

he himiclf has nothing to do.

P.

XII.

G
T

do not
er

rir.d
1

in hi

that the

Romans
;

k;i;r

thcmfe

vithout a caufe

but the Enelifh deftroy themillves moll unaccountC3

ably
i

they

deftroy then-

often

in

the very

>m

of happim
the effect

mans was

This action among the Ro of education; it was connected

:

a their principles and cuftoms

among

the

Englifh

OF LAWS.
lifti it is

BOOK diftemper; it is connected ftate of the machine, and inde- Ch with the phyikal & 13. pendent of every other caufe.
the effect of a
*
"

331

12>

In all probability it is a defect of the filtration of the nervous juice-, the machine jtfioie motive {acui
ties are

every

moment

without Wtion,

is

weary of

itfelf j

the foul feels no pain, but a certain uneafmefs Pain is a local thing, which leads us in exifling.
to the defire

of

the burthen of feeing an end of it confined to no particular place, which prompts us to the defire of cealing to live.
,

life is

an

evil

It is

evident that the

civil

laws ol fome countries

reafons for branding filicide with infamy : but in England it cannot be punihVd without pu-

may have

ni fli ins; the effects

of madnefs.

CHAP.
N
a nation
fo

XIII.

Efeffs arifmg from tbe Climate of England.

diftempered by the climate as

to have a difrclifh of every thing, nay, even of life, it is plain that the government mofl iuitable to

the inhabitants, is that in which they cannot lay their uneafmefs to any fmgle perfon s charge, and in which being under the direction rather of the laws

than of the prince, they cannot change the govern ment without fubverting the laws themfelves.

And

if this

nation has likewife derived from the

climate a certain character of impatience, which renders them incapable of bearing the fame train

of things
*
It

for any long

continuance

it is

obvious

be complicated with the fcurvy, which, in fome countries especially, renders a man whimfical and unfupportable to himfelf. See Pirard s voyages, part 2. chap. 21.

may

that

332
B o o
i

THE SPIRIT
K
-

government above-mentioned is the fitted This character of impatience is not very f r them. confiderable of itfelf but it may become fo when
tnat the
,

joined with courage.

It
is

in.ikcs people

quite a efferent thing from levity, which uncKtake or drop a project without

can ic

it

borders more upon obftinacy, bccaufe

it

proc-cds from io lively a fenfe of mifery, that not v, en by the habit of fuffering.

it is

This character
r

in a free

nation

is

difconcerting the projects of tyranny

extremely pro*, which

is

in the

always How and feeble in its commencements, as end it is active and lively which at firft only
,

jlietehcs out a

hand

to

affift,

and exerts afterwards

But
a people

a multitude ot arms to opprefs. Slavery is ever preceded by deep.

any fituation, who coniinually explore every part, and feel nothing but pain, can lurdly be lulled to deep.
find

who

no

re It in

Politics are like a

and
fion.

attains

Now

fmooth file, which cuts flowly, end by a gradual and tedious progrefthe people of whom we have been fpeakits
:

ing, are incapable of bearing the delays, the details, In thele they are the coolneis of negotiations
1

more unlikely

to

fuccced than any other nation

lofe

hence they are .:pt to tain by their arms.

*

by

treaties

what they ob

Hc^

r.:!:r

lefign of fubverting the eftaof demo the

nu Ro-

H A

P.

O F L A

S.

333

CHAP.

XIV.

Other EffeRs of the Climate.

OUR
cafes

anceftors the ancient

Germans

lived

un-

BOOK

der a climate, where the paflions were ex Their laws decided only in fuch tremely calm.

where the injury was

vifible

to the eye,

and

went no further. And as they judged of the outrages done to men from the greatneis of the wounds, they afted with no other delicacy in refpect to the inju The law of ( ) the Aleinam ries done to women. on this lubjecl is very cxtr If a pcrfon .iary.
l

Chap,

Covers a

fous

if

woman s h .ad, he pays a fine of fifty he uncovers her leg up to the knee, he pays
,

the fame

and double from the knee upwards.

as

One
-,

v;culd think that the law meafured the infults offered

to

women

we meafure

a figure

in

geometry

it

did not punifh thr* crime of the imagination, but But upon the migration of a that ot the eye.

German

a necefllty foTCifferent laws.

naticm into Spain, the climate foon found The law of the Vi-

figoths inhibited the furgeons to bleed a free woman, except either her father, mother, brother, fon, or As the imagination of the peo uncle was prefent. ple grew warm, fo did that of the legislators ; the

law fufpected every thing, when the people grew

fuipicious.

Thefe hws had therefore a particular regard for two fexes. But in their punifhments they feem rather to humour the revengeful temper of private perfons, than to exercife public juftice. Thus in moft
the
cafes they reduced

both the criminals to be (laves to

,

the offended relations or to the injured hufband

a free

334 BOOK
\
i

T H E
a free-born

S
f
(

T
cmto his wife

woman

who had

yielded to the

P/

braces of a married
of

man, was delivered up

&
f ( )

i,-.

to dilpofe of her as fhe pleafed.

flaves
tei
7>

They
s

Law

s
(

),

if"

tl

und

their matter

obliged the wife in adul-

goths, boo!
l

^
i

!l \"Vi (S) Joiu.

book

5.

to b m d her, an(^ carr Y ner to her hufband ; even permitted her children ( h ) to be her accufers, and her (laves to be tortured in order to convift her. Thus their laws were tar better

they

^
4.

4
ii

6
vj
^
i

book
.

tit.
;.

adapted to refine, even to excels, a certain point of honor, than to form a good civil administration. r e be \V C mud not tl. furprized it count Ju
-

was of opinion, that an affront of that kind iated by the ruin of his king and to we niuft not be furprized if the Moors, country with luch a conformity of manners, found it fo eafy
lian

ought

a matter to fettle and to maintain themfelves in Spain, and to retard the fall of their empire.

CHAP.
Of

XV.

have in tbe tie different Confidence lilicb tie L^cs to tbe difference^ Climates People, act
.

TH
:

E people of Japan are of fo ftubborn and pervcrfe a temper, that neither their can put any confidence ll legiflators nor magi rates in them nothing before their eyes but and chaftifements s, every ftep judges, nv.
tl..,

they take

is

fubject to the

magifrrate. families eitablifh one as a infiltrate over the other four; thofe laws \vhkh punifli a family or a whole

Thole

inquifition of the civil Ijus \\hich out of five heads of

ward for a fingle crime thofc laws in fine which find no one innocent where there may happen to be one
;

guilty

O F L A
guilty
,

S.
all

335
B
K
.
,

are

made with

a defign to implant in

the people a diftruft of each other, and to make every one the infpector, witnefs, and judge of his

neighbour

conduct.
l

On

the contrary, the people of India are mild(

), (0

See

Hence their legiflators tender, and compafiionate. They have repofe a great confidence in them.
eftablifhed

p.

/ jected to their fathers ; they have regulated the fuc- 403. the ceffion by the acknowledged merit of the fucceflbr.

co n e aion of the fubjected nephews to their uncles, and orphans to e s their guardians, as in other countries they are fub-

very few punimments , thefe are not fevere, nor are they rigoroufly executed. They have
(
)

4 o. See

"

principal

They feem

to think that every individual

ought

to

cui t oms

of

the inbaplace an intire confidence in the good nature of his b tants of ? fellow fubjefts. J the pemnThey infranchife their flaves without difficulty, fu a on
i

they marry them, they treat them as their children* happy climate which gives birth to innocence, and ge , produces a lenity in the laws
l :
!

*
there

This is perhaps \\hat made Diodorus was neither maibr nor Have.

fay,

that in the Ind

BOOK

336

T H E

BOOK
In what manner
Climate.
the

XV.
of
civil

Laws
to the

Sla

very are relative

Nature of the

C
Of

II

P.

I.

civil Slavery.

BOOK ^* xv
,

Chap

properly fo called, is the eftablifhment of a right which gives to one man fuch a power over another, as renders him ablblute

LA VERY,
his life

Jj

matter of
is in its

and fortune.
It
;

The
is

own

nature bad.

ilatc of flavery neither ufcful to

the mailer nor to the flave

not to the flave, be-

caufe he can do nothing through a motive of virtue i not to the mailer, becaufe by having an unlimited
authority over his flaves, he infenfibly accuiloms himfelf to the want of all moral virtues, and from

thence grows

fierce,

hafty,

fevere,

choleric,

vo

luptuous, and cruel.

In defpotic countries, where they are already in a ftate of political flavery, civil flavery is more

other governments. Every one ought to be fatisfied in thofe countries with necefiaHence the condition of a flave is ries and life. hardly more burdenfome than that of a fubje6l. But in a monarchical government, where it is of the utmoft importance that human nature
tolerable than in

mould not be debated, or

difpirited,

there ought to

O F L A
to be no flavery.
all

S.

337
L iap
.

In democracies,
;

upon an equality

and

in

where they arc ariftocracies, where the

2i

laws ought to ufe their utmoft endeavours to pro cure as great an equality as the nature of the go

vernment will permit, flavery is contrary to the of the conftitution it fpirit only contributes to give a power and luxury to the citizens which
;

ought not

to have.

CHAP.
cf
tbc Right

II.

of
Civilians.

ihould have been excited thr

would never have im

its

;;ined that

f:

mould owe

birth to

and

ti

The
{laves.

law of nations,

to prevent
all

being put to death, has

debtors,

them
ill

to be

made
;

The civil la the Ro: who were lubject to be

to
fell

ufcd by

creditors,

themlelves.

ture requires, that children, whcr to flavery is no longer able to maintain,

Should

reduced to the fame

falfe that

ftate as th.

er.

Thefe reafons of the civ killing in war cafe of abiblute neceffity

is
:

are all falfe.

is

law;

nlefs

in

but when a

man
1

re

made another
he
ly

his fiave,

he cannot be faid to

been under a neceffity of taking away his

did not take
iier

life, fin:

it away. ^ives over priloners than to difable them from doing any further harm, by fecuring the All nations *concur in mur perfons.

rigi:t

dering of prisoners in cold blood. * v Canu I

VOL.

I,

2.

XL:

338
Cha

T H E
2

T
fell

BOOK

^ ^
fells

2.

Nor
e

is
*

it

true,

that a freeman can

price-,

him-

m P^ es

himfelf,

perfon his whole fubftance immediately de

;

now when

volves to his mailer

the matter therefore in that

cafe gives nothing, and the (lave receives nothing. You will fay, he has a fccuUum. But this

lium goes along with

lawful for a

his

perfon.

If

it

is

pecunot

man

to kill himielf,

becaufe he robs

his country of his perfon, for the fame reafon he is not allowed to fell himfelf. The liberty of every citizen conftituu-s n. part of the public liberty ,

and

in a

den

Hate

even

part of the

fovuvigat

To

.11

one

pugnant to all realnn, in any man. If liberty may be

to the buyer,
it

is fo re citizenfhip be fcarce fuppofeable

is

beyoi.
-\

rated with refpect .ce to the feller.

The civil law, among men,

\\hidi ai.t diviiion of goods cannot be thought to rank among fuch goods, a part of the men who were to make this divifion. The fame law annuls all iniquitous contracts
,

furely then
is

it

affords redrefs in a contract

where the grievance

moil enormous.
;

former.

way is birth which falls with the two For if a man could not fell himielf, much lefs could he fell an unborn It a prioffspring. -h foner of war is not to be reduced to ilav
third
lefs

The

are his children.

ulr.efs

Tl.
arifes

of putting
the
la.

malefactor to death,

trom
has

this

was madj fr
flance,

his il-cur

enjo\cd

is punifhed, murderer, for inthe benefit of the very law

which he

which condemns him

1

it

has been a continual pro-

mean

mans, and

at pi dent in

flavor- in a Uriel fer.fe, a5 formerly our colonies.

.

among

the

Ro

tedion

O F L A
teftion to

S.

339

he cannot therefore object againft B But it is not fo with the (lave. it. The law of c it is in all x 5. flavery can never be beneficial to him caks againft him, without ever being tor his ad

him

vantage i and therefore this luv is contrary to the fundamental principle of all Il;cijiies.
It
it

be pretended, that

it

has been beneficial to

him,

as his matter has

flavery at this are incapable of earning their livelihood.

will

provided for his fubfittence ; rate fhould he limited to thofc who

But who
>r

take

up with fuch Haves

infants,

nature,

who

has fupplied their mothers with milk,

had provided for their fuftenance, der of their childhood appro

in

and the remain

which they
he

are

vice, that

who

fo near the age papable of being of ferfupports thejn cannot be faid to

mod

give them an equivalent, which can

their mailer.

intitle

him
civil

to be

Nor

is

flavery

Icfs

oppofite to

the

law

than to that of nature.

(train a flave

What

civil

Jaw can re-

member

of

from running away, fince he is not fociety, and confequently has no

intereft in any civil laws ? only by a family law, that

He
is,

can be retained

by the matter

authority.

CHAP.

III.

Another Origin of the Right of Slavery.

flavery proceeds from the contempt of one nation for another, founded on a difference in

IW

OULD

as

foon

fay,

that

the

right of

cuftoms.

Lcptz

340

T H E
<c

R
"

T
bajkets full

BOOK
4.

Chan.

Lopez ( ) found near

crabs,
to
fr e

de

Gamar
St.

relates,

that tbe Spaniards of

Martha, feveral

Bibli-

ct

oth. Angl.

fnails
t fo e

Tom.
p. 2 . art. 3.

grajhoppers, andlocufts, which proved or n nar y provifwn of the natives. "This

^

13.

the conquerors .turned to a heavy charge againft toe The author owns that this, with conquered"
their

ferent

fmoaking and trimming their beards in a dif manner, gave rife to the law by which the Americans became Haves to the Spaniards. Knowledge humanifes mankind, and reafon in
clines to mildnefs
j

but prejudices eradicate every

tender difpofition.

C
Another 0,

H A
as

P.

IV.

K [-fa f
a

Slavery.

WOULD
__
ient

its

profcfFors
it,

from
ealy.

foon fay that religion gives who difright to enflave thofe in order to render its propagation

more
"

This was the notion that encouraged the ravagers

liil.

or

America
i

in their iniquity

( ).

Under

the inrlu-

ofthecon- ence of this

i"\_

idea,

they founded their right of en^ J

,

Mcxia
olis,

^ av n S f many nations for thefe robbers, who would abfolutely be both robbers and Chrillians,
fuperlatively devout.

and that ofi were

Garcilafib

Lewis XIII. ( ) was extremely uneafy at a law, deLaVega by which all the negroes of his colonies were to be made flaves but it being ilrongly urged to him as ^ a^e to the the readied means for their conveiTicn, lie acquiefced
-,

iiles

of

without further fcruple.

America,
vol. 4.

p. i 14. i -zz. in

I2mo.

ri

P.

OF LAWS.
C
Of

341

H A
to

P.
i

V.

tie Slavery of
I

WERE
arguments.
<D

vindicate our right to

make Boo

(laves

of the negroes, thcfe fliould be

my

The Europeans, having extirpated the Americans, were obliged to make flaves of the Africans for clearing fiich vaft traces of land.
Sugar would be too dear, if the plants which produce it were cultivated by any other than Haves. Thefe creatures are all over black, and with fuch
that they can feared y be pitied. hardly to be believed that God, who is a wife being, fhould place a foul, efpecially a good

flat

nofe,

It is

foul,

in fuch a

It is fo

natural to look
nature,

black ugly body. upon colour as the crite

that the Afiatics,

rion of

human

among

eunuchs are employed, always deprive the Blacks of their refemblance to us, by a more op

whom

may be determined by that which among the ^Egyptians, the bell philofophers in the world, was of fuch importance,
of the
hair,

probrious diftinction. The colour of the fkin

that they put to death fell into their hands.

all

the red-haired

men who

negroes prefer a glafs necklace to that gold, can there be polite nations fo highly value a greater proof of their wanting common fenfe ?

The

which

It is

impoffible for us to fuppofe thefe creatures

men, becaufe allowing them to be men, a fufpiciun would follow, that we ourlelves are not
to be

Chriftians.

Weak

342

THE
<\

BOOK

Chao

minds exaggerate too much the wrong done For were the cafe as they (late it, to tne Africans. would the European powers, who make lo many
_

Weak

needlefs conventions

among

themfelves, have failed

to

make

ral

one, in behalf of humanity and

C
Tbs

H A

P.

VI.

true Origin of the

of

/<

is time to enquire into the true origin of the It ought to be founded on the right of flavery. ture or things ; lee us fee if there be any cafes

r it c.

from thence.
ric

In

all

governments, people make no

the political flavery , difficulty in felling then in fome meafure annihilates the civil liberty.
prrf

According

to

Mr. Perry
:

),

the Mufcovites
is

fell

the, :un for it themfelves very readily not worth keeping. dent i their lihe At Achim every one is for felling him lei f.
u
(

evi

Some
a

Dam- of the chief

."Haves,

lor.

have not

lefs

than a thoufand

all

..principal

merchants,

who

have

great

number of

flaves themfelves,
flaves.

and thefe

alfo are not

without their

Their matters are

their heirs,

and put them into

trade.

In thole ftates, the free

men, being overpowered by the government, have no better refource than making themfelves flaves to
the tyrants in office. This is the jutt and rational origin of that mild law of flavery, which obtains in fome countries
:

and mild

ought to be, as founded on the free choice a man makes of a matter, for his own bene fit which forms a mutual convention betwixt the
it
;

two

parties.

CHAP.

OF LAWS.
C

343

H A
is

P.

VII.

Anotber Origin of the Right of Slavery.

:

HER

another orisin of the right of

BOOK
XV
c &
,

A
which

flavery, and even of the is to be feen among men.

mod

cruel flavery,

8.

There

are countries

where the excefs of heat ener

vates the body, and renders men fo flothfiriand difpirited, that nothing but the fear of chaftifement

can oblige them to perform any laborius duty

flavery is there the mafter
as his flave
is

more
him,

reconcileable to reafon

and

being
to

as lazy

this

with refpect to his fovcreign, adds a political to a civil

flavery.
a ) Polit. ) endeavours to prove, that there are natural flaves, but what he fays is far from proving Llb * it. If there be any fuch, I believe they are thofe

Ariftotle

of

whom
But

mud be accounted unnatural, though in fome countries it be founded on natural reafon and a wide difference
as all
,

have been fpeaking. men are born equal, flavery

ought to be made betwixt fuch countries, and thofe where even natural reafon rejects it, as in Europe,
where
it has been fo happily aboliflied. Plutarch, in his life of Numa, fays, that in Sa turn s time, there was neither flave nor mafter.

Chriftianity has reilored that age in our climates.

CHAP.

VIII.

Inutility of Slavery

among
is

us.

ATURAL
to

flavery,

then,

to be limited

fome particular

parts of the world.

In

344
B
c

iJtir..j)rlKli
K

all

other countries, even

tl.e

moil: laborious

works

ot fociety

be performed by freemen. Experience verifies my affertion. Before ChriiHanity had abolimed civil flavery in Europe, wcr

may

ing

in

the mines was

judged too toilfom

:

for any but

flaves or malefactors

but

at preient,

employed

in

them,

who

are

known

there are to live *

men
hap

They have, by fome fmall privileges, en pily. couraged this profeiTion , to an increaie of labour, they have joined an increafe ot gain and have gone
,

fo far,

as

to

make them

better pleafed with their

condition than with any other which "they could have

embraced.

No

labour

is

fo

heavy, but

it

may

be brought

to a level with the

ftrength, when re The vio gulated by equity, and not by avarice. lent fatigues which flaves are made to undergo in

workman

other parts, may be fupplied by commodious chines, invented by art, and ikiifully applied.

ma
The
to

Turkifh mines
richer

in

theBannac of Temefwar, though

than thole of
;

Hu:

did

not yield

much

becaufe their invention reached no further,

than the flrength of their flav: I know no: whether this article be dictated by
or by my heart. Pofiibly there is rny u "-cling, not that climate upon earth, where the mod labo rious fer vices might not, with proper encourage

Bad laws having ment, be performed by freemen. made lazy men they have been reduced to flavery,
;

becaufe of their lazinels.

.1

I *_

Teen in V **

of Hartz in Lower Saxony, and

CHAP.

OF LAWS.
C

345

H A
is

P.

IX.

Several Kinds of Slavery.

of two kinds,

real

The SLAVERY
Tonal.

and per-

BOOK
^

real

which Tacitus ( { ) among the Germans.

annexes the (lave to the land, makes the condition of flaves

^
r

^.

They were

the family; a (tared tribute of co

not employed in :tlc, or other

"/://

G/r-

moveables, paid to their mafter, was the whole of And Inch a fervitudc dill continu their fervitude.
in

Hungary, Bohemia, and Germany.

fcveral parts ot

luwcr

Perfonal flavery conflfts in domdtic .ites more to the mailer s pcrlon.

...es,

and

degree ot (livery i?, when it is at once and perfonal, as that ot the Helotes among the Lacedaemonians. They underwent the fatigues of the field, and differed all manner of infults within
\\orft

The

both

real

the hou:

This Helotifm

is

of things.

The
"

real

flavery

contrary to the nature is to be found only

;

among
The

nations

of a plain manner of living

all

family bufmefs being done by the wives and children.

is peculiar to voluptuous nati luxury requiring the fervice ot (laves in the But Helotifm joins in the fame perfons the houfe. flavery efbblilhed by voluptuous nations, and that of the mofl fimple.

perfonal flavery

ons

* Tacitus de moritus Go-man, fays, the matter lied from the Have by any delicacy of!

i.;

not to be di-

CHAP.

346

T H E
nece,

R
X.

CHAP.
Regulations
r,

*fpeff to Slavery.

o o

oh &

^ U T of JD v ^
c
^

avvs fh

whatfoever kind the flavery be, the u d endeavour on the one hand
it,

1.

to aboli fli the abuies of

and on the other to guard

againll

its

dangers.

CHAP.
of

XL
)
.

N
JL
eir

Mahometan

(laces

g
(

),

not only the

alfo

life
is

and

goods of female -fl.ivcs, but

\irtue or honour,
are
at

what

called
s

their matter

dif-

polal.
is,

One

of the misfortunes of thofe

countries,

that the greatett part of the nation are born only to be fubfe rvient to the pleafures of the other. This

fervitude

is

flaves live*,

alleviated by the lazinefs in which fuch which is an additional diiadvantage to

the ftate.
-r

John
n

It is this

indolence which renders the

h
(
)

Eaftern

II-

ftTaglios fo delightful to thole very perfons whom j L o they were made to connne. reople, who dread no-

MI
e

thing but labour, may imagine themfelves happy in But this (hews thefe places of indolence and eafe.
i

laagour.

how

contrary they are to the very intent or the

s

m-

ftitution

of flavery. Reafon requires that the matter

power fhould
:

not extend to what does not appertain to his fervice flavery fhould be calculated for utility, and not for
pleafure.

The

laws of chattity
all

arife

from

thofe of

nature, and ought in

nations to be refpected.

If

O F
If a law,

LAW

S.

347
K
It
>

which preferves the chaftity of flaves, B be good in thofe flares where an arbitrary power e h;in bears down all before it, how much more will it & 12. be fo in monarchies, and how much more itill in
republics
?

The law of
which ought
"
"

the

Lombards
hii>

has a regulation

e
(

)
l

Lib.
*

I.

adopted by all governments. Uve s wife, the (lave If a mailer debauches

I

to

be

3 2*

and

his wife

iliall

be reftored to their

freedom."

An

admirable expedient, which without fevcrity lays a powerful reflraint on the incontinency of mailers.

head.

The Romans feem to me to have They allowed an unlimited

s

erred on this
.-

to

the
their
tin-

mailer

lulls,

and, in fom
marryii.
It is
;

d
true,

flaves the privilege ot

were the loweil part of the nation yet there fhould have been fome care taken of their morals
efpecially

-,

prohibiting their marriage, corrupted the morals of the citizens.

as
in

they

CHAP.
Danger frcm

XII.

tbe Multitude of Slav.

TH
lity

multitude of flaves
in

has different erIt

is

fe6ls

grievance in

governments. a defpotic (late, where the

different

no

political

flavery of the wjiole body takes away the fenfe ot civil flavery. Thofe who are called freemen,
in reality are little

more
;

fo than they

who do
in

not

come within
rally the

that clafs

and

as the latter,

qua

of eunuchs, freedmen, or flaves, have gene management of all affairs, the condition of

a freeman and that of a (lave are very nearly allied. This makes it therefore almoft a matter of indif
ference

3 4S
K

THE SPIRIT
fercncc whether in fuch dates the flaves be few or
i

&

Chap.
i

2i

Rates, it is a point of the higheit importance, that there fliould not be a great number The political liberty of thofe dates, adds of Haves. to the value

numerous But in moderate

of the

and he who is deprived He deprived of the former. lees the happinefs of a fociety, of which he is not ib much as a member , he fees the fecurity of others

of civil
is

liberty

-,

latter,

alfo

fees

need by laws, himfelf without any protection. He his matter has a foul, that can enlarge itfelf ;

while his

own

is

conftrained to fubmit to a continual

aiTimilar.es a

deprefTion.
bcail,

Nothing more

man

to a

freemen, himfelf a dave. Such people as thefe are the natural enemies of the fociety, and their number mud be dangerous.

than living

among

not therefore to be wondered at, that mode governments have been fo frequently didurbed by revolts of flaves and that this fo feldom hap * pens in defpotic dates.
It is

rate

CHAP.
Of
armed

XIII.

THE
in
rlcient

danger of arming flaves is not fa great monarchies as in republics. In the former

a warlike people,

pacific

and a body of nobility, are a fi check upon thefe armed flavcs ^ whereas the members of a republic would have a hard
fet of

tafk to quell a

weapons match
The

in

their hands,
e citizens.

men, who having offenfive would find themfelves a

revolt of the
_

mii:ria

Mammelucs was a diffe.-ect who ufurped the empire.

i

cafe; this

The

OF LAWS.
The Goths who conquered
felves

over

the

country,

Spain, fpread themand foon became very Ch ^

BOOK
14.

349

three important regulations ; & they abolifhed an ancient cuftom which prohibited f f intermarriages with the ( ) Romans , they enacted

weak.

They made

that

freedmen () belonging to the Fife, mould ierve in war, under penalty ot being reduced
all

the

j^^
\. tit. i,
;
(

to flavery
i
i

and they ordained that each Goth mould

into the held the tenth part was but a fmall proportion
field,
i

arm and bring

flaves.

/h\ n
(
:

of his

ItJ.
<.

Jjb

nN
"

This

befides,

7[

^
T
1 1

thefe flaves thus carried to the

did not

form

lib. Q.

tit,

a feparate body ; they were in the be laid to continue in the family.

army, and might

CHAP.
T be fame

XIV.

Subjett continu-.
is

WHEN
By

a whole nation

of a martial terrv
lefs

per, the flaves in arms arc a law of the Alemans, a fl

l

to be
!io

J.

had

com
fame
he
^
1

mitted a clandeftine theft

as a

( )

was

liable to the

or

punifliment he was found guilty of a forcible robbery

freeman

in the

like cafe;
(

but
k
),

if the Ale,

was only bound to reflore the thing Amono; the Alemans, courage and O O
extenuated the guilt of an action.
their flaves in their wars.

fo

taken
Ale *

intrepidity i J

They employed
-

republics have beer but the Alemans attentive to difpirit their flaves
:

Moil

relying on themfelves,
rather for

and being always armed,

theirs,

were fo far from fearing

that they
;

we*

they were the inftruments either of their depredations or of d.

augmenting

their

courage

glory.

CHAP,

350

T H E
C

P
P.

R
XV.

H A

Precautions to be ufed in moderate Governments.

BOOK

EN I T Y

and humane treatment may prer

j vent the dangers to be apprehended from the multitude of flax es in a moderate government.

Men grow

to every thing, and even to fcrvitudc, if not aggravated by the feverity of the mailer. The Arlu i.ians treated their (laves \vith

reconciled

great lenity

and
railed

this fecured that

(late

from the

commotions

by the flaves

among

the auftere

Lacedaemonians.
Ir docs not appear that the primitive Romans met with any trouble from their flaves. Thole civil wars*, which have been compared to the Punic wars, were

the conlequcrnces of their having diverted themfelves

of

all

humanity towards

their flaves.

frugal and laborious people generally ufe their flaves more kindly, than thole who are above labour.

The

primitive
;

Romans

lived,

worked, and

cat with their flaves

they behaved towards them

v.Ith great juftice and humanity. The greateft punifliment they made them fuffer, was to make them pafs before their neighbours with a forked piece

of wood on their back*.

Their manners were

;

fuffi-

cient to fecure the fidelity of their flaves no neceffity for laws.

there

was

But when the Romans aggrandized themfelves their flaves were no longer the companions of their labour, but the inftruments cf their luxury
-,

when

and pride
1

as

they then wanted morals, they had

more
in the fervile

Sicily, Punic v,ar.

fays Florus, fufFered

than in the

Lib.

3.

need

OF LAWS.
need of laws.
to be of the
It

351
thefe laws

was even neceflary for

terrible kind,
in

moil

order to efta-

chap. ic

blifh the fafety of thole cruel matters, who lived in the midft of their flaves, as in the midft of ene

mies.

They made

the Sillanian

Senatus-Confuli
I
1

c tum, and other laws f ), which decreed, that when () Seethe a m after was murdered, all the (laves under the" fame roof, or in any place fo near the houfe, as
.

to be within the hearing of a man s voice, fhould Thofe without diftinction be condemned to die.

who,

in this cafe, fheltered a

c1

Have, in order to lave

; .

him, where punifhed as ( ) murderers; he whom his mafter * ordered to kill him, and who ob.yt-d, was reputed guilty, even he who did not hinder him from

fi-

nat

was liable mafter was murdered on

killing himfelf,
f ( )

to be punifhed

c (

).

If

a journey,

they put
thofe

death
fled.

thofe

who were with him, and

:

who

a<

All thefe laws took place even againft thofe whofe innocence was proved the intent of them was
to give their Haves a prodigious refpcft for their mafter. They were not dependent on the civil

Co
^

(Mj

,.

ii.ff.
!

government, but on a
civil

fault or imperfection

of the

government.

They were

not derived from

the equity of civil laws, fmce they were contrary to the principle of civil laws. They were properly founded on the principles of war, with this difference,
that the enemies were in the

bofom of

the ftate.

The

Sillanian

Senatus-Conlultum was derived from

the law of nations, which requires that a fociety, however imperfect, mould be preferred
It is a mis-fortune in

government when the mato kill him, It was the fame becaufe, if he had obey. murderer of h or.

*
as

When Antony commanded Eros commanding him to kill himfelf,

as the

he would have been punifhed

giftracy

352

T H E
gjft raC y

thus find themfelves under a necefFity of cruel laws; becaufe they have rendered Chap.V, making & 16. obedience difficult, they are obliged to increale the
penalty of di (obedience, or the fufpicion of
fidelir

BOOK

of prudent legiflator fore fees the ill confequ rend the legiflature terrible. Theflavesamongft the Romans could have no confidence in th? laws;

and therefore the laws could have no them.

in

C
K

H A

1\

XVI.

IT.

Til
this

care that the

-g-,

fla

and

ought
i

to be r
01
. .

The
/,

laws
in
f;

vide,
;

rs

be taken

Jin/ *

creed,

that the
their

had been

bandoned by
.

m.
Tl.

fhouid, in cafe they

.fured their liberc
:a

be

free.

.it

fhould not there have been fume care

.

ve their liv

When
the
life

the law pc.

(lave,
>n

;-

ter to

uvay

of his

veiled with a

power

which he ought it was mailer

;

to
;

<_

.M
.

judge,

and not as
J ordain

that
.y

thofc formalities

wh

the fufpicion

of

an act of violence.
at Ruinf, were n "When fathers, permit;illrates )Seelawted to put their chihlren to de.uh, tl r :n the orcj a n ed the ( ) punifhment which the father would
j

patrii*ctejlate,

nave

by
"

and
try *

ror Alt

A like cuilom between the mailer would be highly reafonablfe in a counwhere mafters have the r power of life and dea:
infiicled.

his flaves

_
1

he

OF LAWS.
The law
"

ct
"

COOK of Mofes was extremely fevere. "If any one llruck his (lave fo that he died under his (j^,-/^ hand, he was to be punifhed; but if he furvived a day or two, he was not, becaule he was as
his money."

353

"

Strange chat a
tiie

civil

law mould thus

!

amongll

thefe people relax the law of nature

By

law of

Greeks

a Have too roughly

c
(

PIu6//

treated by his mailer,

to another.
d (
)

miehc

infill

upon bunp
was
a

Ibid

Urch

berfti-

In the latter times there

at

law of /;6//
d
(

the lame nature

Rome.

mailer dilplealed
oi:glu

Seethe

with

his flave,

and

Have with

his mailer,

to be leparated. When a citizen ufes a flave of another

latter

,nus
ill,

the
.../-.
e
(
)

ought

to

have liberty to complain before the

The laws ( c ) of Plato and of moft natijudge. ons took away from Haves the right ot natural de
fence.
It

Lib. 9.

was neceflary then that they mould give

them a

civil defence.

At
either

Sparta, Haves could have no juftice againft So excelTive was their infults or injuries.

mifery, that they were not only the flaves of a ci but allb of the public ; they belonged to as well as to one. At Rome, when they all,
tizen,

the injury done to a Have, they had * intereft of the mailer. In the regard only to the breach of the Aquilian law, they confounded a wound given to a beaft, and that given to a flave ;

confidered

At Athens
other,

they regarded only the diminution of their value. f an( ) he who had abufed the Have of

was punifhed

feverely,

and fometimes even

p.

with death.

The law

of Athens was very reafon610.

1
*L.

* This was frequently the fpirit of the la\vs of thofe nations, who came out of Germany, as may be ieen by their codes.

l(

^l

in 1604.

VOL.

I.

able,

;,S4

THE SPIRIT
K

Boo

a bi e?

n not adding the

lofs

of fafety to that of

Chap. 17.

H A

P.

XVII.

Of

Infrancbifements.

eafy to perceive that many (laves in a repub lican government create a neceffity of making
is

free. The evil is, it they have too many Haves, they cannot keep them in due bounds ; if they have too many freedmen they cannot live, and

many

mull become

burthen to the republic

in

befides

it

may

be as

much

ber or
flavcs.

frecdiv,*.
It is

:i,

danger from the too great num as from the too great number of

neceflary therefore that the laws fnould have an eye to thefe two inconveniencies. The feveral laws and decrees of the fenate made at

Rome, both

for

and againft Haves, fometimes

to

li

mit, and at other times to facilitate their infranchifernent-, plainly

fhew the embarraflment in which they

There were even found themselves in this refpecl. When times in which they durft not make laws.
Annals under Nero ( ) they demanded of the fenate a permifTion for the mailers to reduce again to flavery the
5

13.

oueht

ungrateful freedmen, the emperor declared that they to decide the affairs of individuals, and to * _?

make no

Much
kind
ft
\

general decree. Ids can I determine what ought to be the C2

regulations ot a
;

good republic

in

an

affair

of this

this

depends on too many circumftances. Let

T**

*
>

us however

make fomc

reflections.

fliemia?a

^ confiderable number of freedmen ought not fuddenly to be made by a general law.

Supple-

We know that
becoming
rr.afters

2d
ec Secad
"

amon gft

tne Volfinienies

the freedmen

jL s
.

O F L A
matters of the fuffrages,

S.

355
law,
B
<>

made an abominable
firft

which gave them the right of lying

girls

with

married to the free-born.

There are feveral ways of introducing infenfibly new citizens into a republic. The laws may favour
the acquiring a peculium y and put flaves into a con dition of buying their liberty : they may give a term
to fcrvitude like thofe

of Mofes, which limited that

n
(

of the

to fix years. It is eafy to give every year freedom to a certain number of thofe flaves who by their age, health, or indultry,
(
)

Hebrew Haves

)Exodur

VV1

The evil may are capable of getting a fubfiftence. be even cured in its root as a great number ot
:

flaves are

connected with the feveral employments

which

are given them j to divide amongil the freeborn a part of thefe employments, for example,
is

commerce, or navigation, ber of flaves.

diminifhing the

num

When

there are

that the civil laws

to their patron, fixed by the contract of infranchifement.

It is certain

many freedmen, it is neceflliry mould determine what they owe or elfe that thefe duties mould be
mould be more
(late
;

that their condition

favoured
becaufe,

in the civil,

than in the political

even

in

ought not

to fall

popular government, the power into the hands of the vulgar.

they had fo many freedmen, the political laws with regard to them, were admir
able.

At Rome, where

They gave them

:

little,

and excluded them

almoft from nothing they had even a (hare in the legiflature, but the refolutions they were capable of

They might taking were almoft of no weight. bear a part in the public offices and even in the dig
nity of the priefthood
x

) ;

but

this privilege

was

in

jj*
tus, lib. 3.

a 2

fome

356
Clia

T H E
fome
fort
17

T
They had

BOOK
xv
1

rendered ufelefs by the difadvantages they

^d

to

encoumer

* tri

tne elections.

&

8.

a right to enter into the army-, but they were to be regiitered in a certain clafs of the cenfus^ before they

(y)

Au-

could be

foldiers.

Nothing hindered

the

y
(
)

freed-

guftuj

men from
^ es
$<-.

Dio,

1.

mix

being united by marriage with the famif tne free-born , but they were not permitted to with thofe of the fenators. In fhort their chil

dren wtie hee born, though they were not fo themfelvcs.

CH
Ill
i s
in

P.

XVIII.
bs.

a
oi

republican government,

it

is

advantage, for the fituation the freedmen to be but little below that of the
frequently of their condition.

irce-born,
a
diflike

and that the laws be adapted to remove But in a defpotic government, vJ\i TO luxury and arbitrary power pre
vail, they have nothing to do in this refpect-, the freed men almofl always find themfelves above the

free-born.

They
;

rule

and

in the palaces of
iul

the foibles.

not

in the court of the prince, the great; and as they ftudy the virtues of their mafter,

they lead him not by his virtues but by his weakthe hxcdmcn ot Roir.e in the times
nel>

of the emperors.
fl.ives are eunuchs, Jet ever granted them, they can hardly be regarded as freedmen. For as they cannot have a family of their own, they are naturally attached to
r!

Avl.eii

fo rnr.ny privileges be

that ot another; and

it

is

only by a kind of fiction

that they are confidered as citizens.

And

OF LAWS.
is
"

magi ll racy their hands "In intirely Tonquin, fays z Dampier ( ), all the mandarins civil and military are eunuchs." They have no families, and though
:

And

yet there are countries where the * in

BOOK
(<)

357

Vol.

3,

in the

they are naturally avaricious, the matter or the prince end takes advantage of this very avarice.

Dampier
marry.

tells

us too, that in

eunuchs cannot

live

this country, the without women, and therefore

may

The law which permits their marriage, be founded on the one hand, on their relpcct
and on the ether, on
their

for thefe eunuchs,

con

tempt

for

women.

Thus

they are trufted with the magiftracy, be-,

caufe they have no family and permitted to marry, becaufe they are magiftrates.

Then

it is

that the lenle

which remains, would

fain fupply that they have loft; and the enterprizes of defpair become a kind of enjoyment. So in Mil

raged

ton, that fpirit who has nothing left but defires, en at his degradation, would make ule of his
itfelf.

impotency

We
of laws

fee in the

hiilory of

to deprive
;

China a great number eunuchs of all civil and military

employments

but they always returned to them

It feems as if the eunuchs of the eaft were again. a necefTary evil.

* It was The two Mahometan formerly the ftme in China. Arabs who travelled thkher in the nimh century, ule the word whenever they fpeak of the go\ernoi of a city. eunuch,

a 3

BOOK

35$

T H

BOOK
Relation to the

XVI.

How the Laws of domeftic Slavery have a

Nature of the Climate.
I.

CHAP.
Of
\\
r,

domeftic Servitude.
.

o K

are eftablifhed for the family ; but l ot a part of it. Thus I diftinguifh y are their frrvitude from that which the women in fome

C* LAVES

K>

countries fufter, and which

fhall

properly

call

do

meftic fervitude.

CHAP.
That
in the Countries

II.

of the South there is a natural Inequality between the two Sexes.

in

T TOMEN,
.
>

hot climates, are * marriage-

able at eight, nine, or ten years of age; thus,

in thoie countries,

infancy and marriage almoft always

go

together. They are old at twenty : Their reafon therefore never accompanies their beauty. When

beauty demands the empire, the want of reafon for

bids the claim
;

when

reafon
five,

is

obtained, beauty
his

Mahomet
at

married Cadhiva at

and took her to

bed

Jn the hot countries of Arabia and the Jneight ye;irs old. .rls are marriageable at eight years of age, and are brought to bed the year after. I ridcaux, Life fee of Mahomet. women in the kingdom of Algiers at nine, ten, and

We

.;rs

of age.

Hijt.

pregnant of the Kingdom of Algiers by Logiers de

is

/.I?!.

O F L A
is

S. to be in a ftate

359

no more. Thefe
-,

women ought then

BOOK
2.

of dependance
age,

that

for reafon cannot procure in old char. empire, which even youth and beauty

could not give. It is therefore extremely natural that in thefe places, a man, when no law oppofes and that it, mould leave one wife to take another,

polygamy mould be introduced.

In temperate climates, where the charms of

wo

where they arrive later at maturity, and have children at a more advanced feafon of life, the old age of their hufbands in fume
are beft preferved,

men

degree follows theirs and as they have more rea fon and knowledge at the time of marriage, if it be only on account of their having continued longer
,

in life,
lity

it muft naturally introduce a kind of equa between the two fexes, and, in confequence of

the law of having only one wife. In cold countries the almoft neceiTary cuftom of drinking ftrong liquors, eflablimes intemperance
this,

amongft men.

Women, who,

in this refpecft,

have

a natural reftraint, becaufe they are always oh the defenfivc, have therefore the advantage of reafon

over them.
rea Nature, which has diftinguifhed by fon and bodily ftrength, has fet no other bounds to their power than thofe of this ftrength and reafon. It has given charms to women, and ordained that their
their

men

afcendant over

man

(hall

end with thefe charms

But

in hot countries,

thefe are

found only
life.

at the

beginning, and never in the progrefs of

the law which permits only one wife, is of Europe, phyfically conformable to the climate and not to that of Afia. This is the reafon why

Thus

Mahometanifm was eftablimed with iuch

facility

in

o
in

T
Afia,

I!

E
is

R
in

T
in

and lo
in

difficultly

extended

Europe;

why

hriflianity

maintained

royed
ns

Ana;

liurope, and has and in fine, why the

Ma

have made fuch prog;efs

fo little.

in

China, and

L Imiiians
r

Some

particular reafons induced Valentinian it That l.iw, in the empire. >ly;/,amy

|

fo

iinproprr tor our

ni
t

cliir.;itcs,

was abrogated

k
( )

by

III..-

fins,

Arcadms, and Ilonorius.

CHAP.
r
f T-

III.

Plurality
*

rf

/.

tf J UPP 0i
t>

f r

"

i!
.

^A

T r 1 1

in

countrk-s wher
the

is is

<niiv

i-n^ nliflied,

number of wives
that riches cftabliflv.

principally determined

by the riches of the

laid
;

huf-

band; yet

it

cannot be

polygamy

in thefc ftates
effecl,
.

fincc

duce the fame

as I fliall

poverty m.iy pro prove when ! ccme

in

to fpeak of the fav

Pclygamy
itfelf,

powerful nations, is lefs a luxury In than the occafion of great luxury.

in

climates they nave few wants, and it cofts little to maintain a wife and children ; they may therefore have a great number of wives.

CHAP.
hal tbe

IV.

Law

of Polygamy on C...
to

ion.

the calculations

made

ACCORDING
in feveral parts
*

of Europe,

there are here

In Ceylan a man may live on ten fols a month ; they eat no ColleSiion of voyages made to eftathing there but rice and filh. blijh an India Company.

fcorn

O F L A

S.

361

B born more boys than girls*; on the contrary, the accounts we have of Ada, there are there Ch by The law which in born more t girls than boys.

Europe allows only one wife, and that in Afia which permits many, have therefore a certain rela
tion to the climate.

In the cold climates of

in

Afia, there are born

;

as

Europe,

more males than females

c

and from
e
( )

hence, fay the

that law, which
to have

Lamas,

is

derived the reafon of

Du

amondl them,

permits of a

woman

Hlit. 01

J many hulbands.
difficult for

china,

But

it is

me

to believe that there are Vol.

.;.

many
great

countries,

where the difproportion can be

any exigency to juftify the intro of many wives, or

enough

for

ducing that of many hulbands.

that a majority of

either the law in favour

women,

This would only imply, or even a majority of

to

men,

is

more conformable
that
if
f (
)

nature in certain

countries than in others.

I confcfs,

what hiftory
there are ten

tells

us be true,
to

that,

at

Bantam

women

one

f
( )

Collec-

man,
In

this

muft be

a cafe particularly favourable to J

tlon

voyages

polygamy.
all

for the

this I

only give their reafons, but do not

eftablitfi-

iuftify their cuftoms. J J

,,, llilir\n*

company.
* Dr. Arbuthnot finds that in England the number of boys Vol. exceeds that of girls ; but people have been to blame to conclude that the cafe is the fame in all climates. See Kempfer, who relates that upon numbering the people jof Meaco, there were found 182072 males and 223573 females. I Albuzeit-el-haflen, one of the two Mahometan Arabs, who, in the ninth century, went into India and China, thought this And indeed nothing could be more con cuitom a proflitution. trary to the ideas of a Mahometan.
I.

CHAP.

362

THE SPIRIT
CHAP.
Tbe
Reafon of a

V.
of Malabar.
the coaft of

Law

BOOK
XVI.

TN

the tribe- of the * Naires, on the

Malabar,
while a

&

P*
6.

hufbands.

woman, The

can have only one wife, on the contrary, may have many
is

men

origin of this cuftom

not

be*

lieve difficult to difcover.

The

Naires are the tribe

all

of nobles,

who

are the foldiers of

thofe nations.
:

In Europe, foldiers are forbid to many in Mala bar, where the climate requires greater indulgence,

they are

fatisfied

with rendering marriage

as little

burthenfome to them as pofTible ; they give a wife amongft many men, which confequemly diminifhes
the attachment to a family, and the cares of houie-

kccping, and leaves them in the free pofiefTion of a

military
fpirit.

CHAP.
Of Polygamy

VI.
itfelf.

confidered in

WITH
may

regard to

polygamy

in general, in

dependently of the circumftances which render it tolerable, it is not of the lead fervice

to mankind, nor to either of the two fexes, whether it be that which abufes, or that which is abufed. Neither is it of fervice to the children-, for one of its
greateft inconveniencies is, that the father and mo ther cannot have the fame affection for their off* See Francis Pirnrd, c. 27. Edifying Letters, 3d and loth This is colledioa on the Malleami on the coalt of Malabar. as an abufe of the military profeflion, as a woman, confidered
fays Pirard, of the tribe ot the

Bramins never would marry many

hufbands.

fpring

O F L A
,

S.

fpring the fame tendernefs as a mother can love two.

is

a father cannot love twenty children with

It
;

BOOK

363

^
7-

much

worie when a wife has

is

many hufbands &

for then paternal love

that a father

may

believe,

only held by this opinion, if he will, or that others

may

May

believe, that certain children belong to him. I not fay that a plurality of wives leads to

that paflion which nature difallows ? for one depra I remember that vation always draws on another. in the revolution which happened at Conftantinople,
ful tan Achmet was depofed, hiftory fays, that the people having plundered the Kiaya s houfe they found not a fingle woman , they tell us that f at ( ) Algiers, in the greateft part of their feraglios,

when

(f)

Hift.of

they have none at

all.

Algiers by

Befides, the pofieflion of

many

wives does not

*

for thole always prevent their entertaining defires it is with luft as with avarice, whofe of others
:

thirll increafes

by the acquifition of

treafures.

In the reign of Juftinian, many philofophers, difpleafed with the conftraint of Chriftianity, retired into Perfia. What ftruck them the moft, fays

Agathias
amono-ft
tery-

),

was,

men who

that polygamy was permitted Life did not even abftain from adul- and ac
(<)
"

tions

of

Juilinian,
p.

403.

CHAP.
Of

VII.

an Equality of Treatment in Cafe of many Wives.

the law which permitted a plurality of wives followed that of an equal behaviour
is

F ROM
* This
concealed.

the reafon

why women

in the Eaft are fb carefully

to

364

THE
to each.

T
and conjugal This law
)

BOOK
vy
i l

Mahomet, who

allowed of four, would

-,
(
)

;
s.

have every thing,

as provifions, drefs,
u
(

&

duty, equally divided between them.

allb in force in the

iec Ti- is

Maldiyian

illes

where they
that if any this fon
Ihall di-

r;irc!,c.iz.
F,\-cd.

are at liberty to

()

I0

>

marry The law of Mofes ( x ) even one has married his fon to a

three wives.
declares,
flave,-

and

fhould marry afterwards a free

woman, he
new
wife
;

minifh nothing of her food, her raiment or

refpect.

They might
fir ft

give

more
lefs

to the

but the

was not to have

than ihe had before.

C
Of
/
.

II

A
c<

P.

VIII.
--i

.ration

en

from Men.
porTefled

7*

HK

prodigious

number of wives
rich

and voluptuous nations, is a confequence of the law of polygamy. Their feparation trom men, and their dole confine
live in

by thole who

ment, naturally follow trom the greatnefs of this number. Domellic order renders this neceffary
;

thus an

infolvent debtor feeks to conceal himfelf

from the purfuit of his creditors. There are climates where the impulfes of nature have fuch ftrength
If a man be left that morality has almoft none. with a woman, the temptation and the fall will be

the

fame thing

the

attack

certain,

the refiftance

none.

In thefe countries, inftead of precepts, they have recourfe to bolts and bars.

One man as

of the Chinefe
a

claflic

authors confiders the

finding a woman alone in a diftant apartment, can forbear making ule of force *.

prodigy of virtue,

who

CHAP.
"

"

It is

an admirable touch-done,

to find

by one

felf a treafure

whofe

O F L A
C
Of
the Connexion

W
IX.

S.

365

II

P.

between domeftic and political vernment.

Go

a republic the condition of citizens

is

limited,

equal, mild, and agreeable , every thing partakes of the benefit of public liberty. An empire over the women cannot, amongft them, be fo well

-\ i

exerted
it

and where the climate demands

this

empire,

moil agreeable to a monarchical government. This is one ot the reafons why it has always been
is

difficult to eftablifh
eaft.

popular government in the

On

the contrary, the flavery of

women

is

perfectly

conformable to the genius of a defpotic government, which delights in treating all with levericy. Thus at all times have we feen in Afia domeitic flavery

and defpotic government walk hand

in

hand with

an equal pace. In a government which requires, above all things, that particular regard be paid to its tranquillity,

and where
it is

abfolutely necefTary

the extreme fubordination calls for peace, to fhut up the women ,

for their intrigues

would prove fatal to their hufgovernment which has not time to exa mine into the conduct of its fubjects, views them with a fufpicious eye, only becaufe they appear, and fuffer themfelves to be known. Let us only fuppofe that the levity of mind,
bands.

whofe mafter is known, or a beautiful woman in a diftant apartment, or to hear the voice of an enemy who mull periih without our affiflance." Tranflation of a Chinefe piece of morality, xvhich may be Jcen in Du Halde, Vol. 3. p, 151.
*
"
"

the

366

THE SPIRIT
tne indifcretions,
the
tafr.es

BOOK
XVT
10.

and difgufts of our

Chap Q

w o men

&

attended by their paffions of a higher, and a lower kind, with all their active fire, and in that
>

full liberty

with which they appear amongft us, were conveyed into an eaftern government, where would

be the father of a family

repofe
?

the

who could enjoy a moment s men would be every where fufpected,

;

every where enemies

turned, and the blood.

the

Hate would be over

with rivers of

kingdom overflowed

CHAP.
The Frincip
e

X.

on

ixbich tbe

Morals of tbc Eaft are

found
the cafe of a multiplicity of wives, the more family ceafes to be united, the more ought
its

a IN
center

the laws to reunite

;

detached parts

in a

common

and the greater the

necefTary
it is

the

more

diverfity of interefts, for the laws to them

bring

back to a common intereft. This is more particularly done by confinement. The women fhould not only be feparated from the

men by

alfo to be feparated in the

but they ought , fame enclofure, in fuch a manner that each may have a diftinct houfhold in From hence each derives all that the fame family. relates to the practice of morality, modeily, chafthe walls of the
tity,

houfe

referve,

filence,

and

love,

and

in fhort,

peace, dependance, refpect, a general direction of her

thoughts to that which in its own nature is a thing of the greater! importance, a fingle and intire at tachment to her family.

Women

O F L A
Women

S.

367

have naturally fo many duties to fulfil, BOOK duties which are peculiarly theirs , that they can- Ch ^ not be enough excluded from every thing capa ble of infpiring other ideas; from every thing that and from every goes by the name of amufements
;

thing which we

call

bufmefs.

We

find

the manners

more pure

in the

feveral

parts of the eaft, in proportion as the confinement of women is more ftrictly obfcrvcd. In great

kingdoms, there
greater their

are necefTarily great lords.

The
is

wealth,

the

more enlarged

their

ability of keeping their wives in an exact confine ment, and of preventing them from entering again into fociety. From hence it proceeds, that in the

and Japan,
mirable.

empires of Turky, Perfia, of the Mogul, China, the manners of their wives are ad

But the

cafe

is

not the fame with India, where

a multitude of iflands, and the fituation of the land, have divided the country into an infinite number of
little

dates,

which from caufes that we have not here

to mention, are rendered defpotic. There are none there but the wretches who pillage, and the wretches who are pillaged. Their grandees

room

call

have very moderate fortunes ; and thofe rich, have only a bare fubfiftence.

whom

they

The con

finement of their
-ftrict
;

any great precau tions to keep them within due bounds ; from hence it proceeds that the corruption of their manners is

nor can they

women cannot make ufe of

therefore be very

fcarcely to be conceived. may there fee to what an extreme,

We

the vices

of a climate, indulged in
licentioufnefs.

full

It is there that

carry nature has a flrength,

liberty,

will

and

THE SPIRIT
BOOK
XVI.
Chap.
&:
1

10,

and modefty a weaknefs, that exceeds all compreAt Patan ( e ) the wanton defires * of the henfion.

1.

women
to

(! Collec tion of

make

are fo outragious, that the men are obliged ufe of a certain apparel to fhelter them from

voyages
for the

their Jdi^iis.

In thefe countries, the two fexes lole

to each.

even thole laws which properly belong

ment of
an India

C
Of domeflic
is

H A

P.

XL

company,
Vol.
p. 2.
2.

Slavery independently of Polygamy.

IT
r

not only

ieit.iin places ot

ment-,

but alfo

wives, which in cad requires their confine the climate itfclf. Thofe who cona plurality of

the

vill.inies, the

nines, the treachery, the black poifonings, the ajTaffinations, which the liberty of women has occafioned at Goa, and in the Portuguefe lettlements in the Indies, where
the horrible
<

them with
the

religion permits only one wife-, and who compare the innocence and purity of manners of

women

of Turky, Perfia, Moguldan, China,

will clearly fee that
it

and Japan,
necefiary to

is

frequently as

feparate

them from the men,

when

they have but one, as

they have many. Thefe are things which ought to be decided by \Vhat purpofe would it anfwer to the climate.

when

their

up women in our northern countries, where manners are naturally good where all their and where love rules over pafTions are calm
flint
;

In the Maldivian iflcs the fathers marry their daughters at ten and eleven years of age, becaufe it is a great fin, lay they, to liiffer them to endure the want of a hu/band. See Pirard, c. 12.

At Bantam
life.

as foon as a girl
if

is

twelve or thirteen years old,

me

muft be married
pany.
34-S.

they

would not have her lead a debauched

for the tftablijhment

Collection cf n.yages
/>.

of an India Com

the

O F L A
the heart

S.

with fo regular

and gentle an empire,

is

BOOK
3CVT

369

that the lead

degree of prudence

fufficient to

conduct
It is

it ?

&

chap, ir,
12.

a happinefs to live in thofe climates which permit a communication between each other, where that fex which has moft charms feems to imbellifli

and where wives referving themfelves for the pleafuresof one, contribute to the amufement of all
luciety,

CHAP.
Of

XII.

natural Modefty.

nations arc equally agreed in fixing con tempt and ignominy on the incontinence of women. Nature has dictated this to all. She has eftablifhed the attack, and flie has eftablifhed too the

ALL
,

refiftance

and having implanted

dcfires in both,

fhe has given to the one boldncls, and to the other fhame. She has given to individuals a long extent

of years
vatiorr,

in

which they

are to leek their

own

preler-

but to perpetuate themfelves, (he has given

only a moment. It is then far from being true, that to be inconti nent is to follow the laws of nature-, fmce this is, on
the contrary,
a violation of thefe laws,

which can

be followed only by modeily and difcretion.

Befides, it is natural for intelligent beings to feel their imperfections. Nature has therefore fixed fhame in our minds, a fhame of our imperfections.

When

therefore the phyfical

power of

certain cli
fexes,

mates violates the natural law of the two

and

that of intelligent beings , it belongs to the legifla* ture to make civil laws, to oppofe the nature of the climate, and to re-eftablifh the primitive laws.

VOL.

I.

B b

CHAP,

570

HE
Of

PI R IT
XIII.

CHAP.
BOOK
&^
"\1J

Jealoufy.

VV

refpcct to nations we ought to diftinguifh between the pafllon of jealoufy,

1

and a jealoufy arifmg from cuftoms, manner?, and laws. The one is a hot raging fever the other, cold, but fome times terrible, and may be joined with indifference and contempt. The one, which is an abule of love, derives its birth from love itielf. The other depends only on manners, on the cuftoms of a nation, on the laws of tlu iitry, and fometimes even on religion*.
;

It

is

always the

effect

of the phyfical
the

power of the climate; and at the fame time, remedy ol this phyfical power,

C
:

H A
M:i}:>;:r

P.

XIV.

jlmi

of dome/lie Go-cmiment.
fo

WI VES
me
o
to

are

changed

often in the eaft,

that they cannot have the power of do ernment. This care is therefore commit-

ted

the eunuchs,
"

whom

their keys,
affairs.
tc

and the management of

they entruft with all all the houfhold

In Perfia, lays Sir John Chardin, they give wives their cloaths, as we do to children." Thus that care which feems fo well to become them,

that care

which every where

elfe is the firft

of

their

cares, does not at all

*
tain

concern them.
followers to watch their wires
;

Mahomet

ck Crcd

hi.s

a cer

cius

Imnn when he was clyin^ faici rhe fame thing; and Confu preached the fame doctrine.
i

CHAP.

OF LAWS.
CHAP.
Of

371

XV.

Divorce and Repudiation*

is

vorce and a repudiation, that a divorce is made by a mutual confent occafioned by a mu tual antipathy; while a repudiation is made, by the
will
ties,

THERE

this

difference

between a

cli-

00

*
,

^p

and for the advantage of one of the two par independently of the will and advantage of
necefTity there
is

the other.

The

fometimes for

women

to

repudiate, and the difficulty there always is in doing it, render that Jaw very tyrannical, which gives this hulright to men, without giving it to women.

bahd

is

the matter of the houiej

he has a rhouiand

ways of "keeping his wife to her duty, or of bring ing her back to it; fo that in his hands it feems as if repudiation could be only a new abule of power. But a wife who repudiates only makes ufc of a dread
always a great misfortune hufband, when fhe has loft the moft part of her attractions wirh an other. One of the advantages attending the charms
ful
It is

kind of remedy.

for her to

go

in fearch of a fecond

of youth in the female fex, age the hufband

the
It is
is

is,

that in an advanced
love.-

led to

complacency and
all

by

remembrance of
then

paft pleafures. a general rule, that in

countries

where the laws have given to men the power of repudiating, they ought alfo to give it to women. Nay, in climates where women live in domeftic law ought to per flavery, one would think that the mit women the right of repudiation, and to hulbands only that of divorce. B b 2

When

372

T H E
When
ic.

T
s

BOOK
Chap

wives are confined in a feraglio, the hufband ought not to repudiate on account of an oppofition of
their
it is the hufband manners manners are incompatible.
,

fault if

Repudiation becaufe of the barrennefs of the

wo
is

man, ought never to take place but where when there are many, this only one wife
;

there
is

of no

importance to the hufband. A law of the Maldivians * permitted them to take again a wife whom they had repudiated.

Hifl.
(>)

of
j

aw O f Mexico

qucftof

M^
Y- -

P am of death.

forbad their being reunited under The law of Mexico was more ra)

tional than that of the

s

Maldivians

at the time
,

even
.

of the diflblution,
,

it
-

attended to the perpetuity of

inftead ot this, the law of the Maldivi marriage ans fccmcd equally to fport with marriage and re

pudiation.

law of Mexico admitted only of divorce. a particular realbn for their not permit ting thole who were voluntarily feparated, to be ever reunited. Repudiation feems chiefly to proceed

The

This was

from a haftineis of temper, and from the dictates while divorce appears to of lome of the pallions
\

be an

affair

of deliberation.
political ufe-,

Divorces are frequently of great

but

as to the civil utility they are eftablifhed only for the

advantage of the hulband and wife, and are not

al

ways favourable
*

to their children.

They

took

tliern
;

agnin r

v to any other, becaufe, in

els.

rhis cafe,

there was

CHAP.

O F

L A

W
XVI.

S.

373

CHAP.
Of

Repudiation and Divorce amongft the Romans.

He prepared poifon, or procured falfe keys. did not give to women the right of repudiating
tery,

ROMULUS
i

diate his wife,

permitted a hufband to repuif flic had committed adul-

BOOK
/

Lhap.

~ XVI ID.
/;

their hufbands. r tremely fevere.

Plutarch

k
( )

calls this,

a law ex-

k Life of ( Romulus,
)

As the Athenian law gave ( ) the power of re- ( ) This w a law pudiation to the wife as well as to the hufband, and of Solon. .1 as this right was obtained by the women amongtt

....
;

1-11

the primitive

Romans, notwith Handing

the law of

Romulus

it is

evident that this inftitution was one

of thofe which the deputies of Rome brought from Athens, and which were inferted into the laws of
the twelve tables. Cicero * fays that the reafons of repudiation fprung from the law of the twelve tables.

We

cannot then doubt but that

this

law increafed the

number of the by Romulus.

reafons for

repudiation eftablifhed

The power

of divorce was alfo an appointment,

or at lead a confequence of the law of the twelve tables. For from the moment that the wife or the

hufband had feparately the right of repudiation, there was a much ftronger reafon for their hav ing the power of quitting each other by mutual
confent.
*

Mi mam
sddidir.

res fuas fibi

habere

juflit,

ex duodecim tabulis caq-

fam

Philip, zd.

B b

The

374
i;

T H E
Th e aw
l
"

o o K
1*6

Chsr

did not require that they mould lay * caul cs f divorce. In the nature of the P en tne thing, the reafons for repudiation fhould be given,
while thofe for a divorce are unneceflary
,

becaufe

whatever caufes the law

break a marriage, ftrongcr than them
a
all.

may admit

as fufficient to

mutual antipathy muft be

The
(m)Iil>.2.

licarnaiTenfis

following fad mentioned by Dionyfius Han and Aulus :, Valerius Maximus( ), (

"

Gellius
t

(>,

docs not appear to

:

me

to have the leaft

at
;

decree of probability
they, the

though they had

for the aulpices,

Rome, fay

power of repudiating
refpecl:

a wife

had
ever

fo

much
i

yet they that no bo

years,

dy, for the

ljv.ce

of

five

hundred and twenty

right,
till

made

uie

of

this

Carvilius
fterility.

Ru

ga repudiated
ir.ind,

his,

becaufe of

her

We

need only be fenfible of the nature of the

be,
tor

human

to perceive how very extraordinary it muft a law to give fuch right to a whole

nation, and yet for

- }l
ri

no body to make

life

of

it.

r -the Coriolanus letting out on his exile, advifed his ( ) wife to marry a man more happy than himfelf.
f

We

les,

have jutt been feeing that the law of the twelve and the manners of the Romans, greatly ex

tended the law of Romulus.

pofe were thcfe extcnfions,
if
?

But

to

what pur-

they never
Befides,

made

ufe

power
:

to

repudiate
-

if the

citi-

-\

eel for the aufpices,

that they
legidators

v-

repudiate,

how came

the

[ufb nian altered th

s.

Pionyi".
"d

Nov. 117. c. 10. Hdic. and Valerius Maximus, and

three

me

;y

ee M

according to Aulus Ge fame conplacing this under the

OF LAWS.
of

375
*

Rome

to

have

lefs

than they

laws inceffantly to corrupt their All that is furprizing in the will foon difappear, only by

and how came the B manners ?

facl:

Chap^rfc

in

queflion,

comparing two pafq

(<)

The regal law ( ) permitted fages in Plutarch. a hufband to repudiate in the three cafes already
"

Plucll

n
!
r

it mentioned, and enjoined, fays Plutarch ( ), Romulus. that he who repudiated in any other cafe, mould ) IbiJ
(

tc
<c

be obliged to give the half of his fubftancc to his wife, and that the other half mould be confecrated to

in all cafes,

if

the penalty.
vilius

They might then repudiate they were but willing to fubmit to No body had done this before CarCeres."
;

Ruga
"

who,

as

place

),

put away

his wife

Plutarch fays in another for her llmiity two

In

hi*

hundred and thirty years after Romulus." That is, me was repudiated feventy one years before the tA tAecn law of the twelve tables, which extended both the Thefeus
"

power and the caufes of repudiation. r The authors I have cited fay, that Carvilius
t

mulus.

Ruga

loved his wife

but that the cenfors

made

to put her away, becaufe of her barrennefs, to the end that he might give children

him take an oath

mull know the genius and tem people. per of the Romans, before we can difcover the true caufe of the hatred they had conceived for Car
vilius.

to the republic to the

and that

this

rendered him odious

We

He

did not

fall

into difgrace with the peo

;

ple for repudiating his wife that did not at all concern
*

this

was an

affair

them.

But Carvi-

Indeed

fterilJty

rnuius; but to

of his

effects,

is not a caufe mentioned by the law of Roall appearance, he was not iubjt-ci to a ov-i location fmce he followed the orders of the cenfors.

4-

lius

376

T H E
]j

BOOK

Chap. 16

us h aci taken an oath to the cenfors, that becaufe f his wife, he would f tne ft er ility repudiate

her to give children to the republic. This Was a yoak which the people faw the cenfors were go

ing to put upon them.

() Book
23.
c.

fhall difcover

in

the

21.

l profecution of this work( ), the repugnance which t 1C wa y S fe t for regulations of the like kind. y
|

;1 )

We

fnould explain the laws by the laws, and

hif-

tory by hiftory.

\*<

BOOK

O F L A

8.

377

BOOK
How
the

XVII.
political Servitude Nature of the

Laws of

have a Relation
Climate.

to the

c
Of

n A

p.

i.

political Servitude.

fervitude does not

lefs

depend

BOOK
x
^
"-

on the nature POLITICALof the climate,

is civil

than that which

and domeftic, and

this

we

arc

/ ap going to make & 2

appear.

CHAP.
The

II.

Difference between Nations in point cf Courage.

W
We
2

have already obferved that great heat enervates the ftrength and courage of men, and that in cold climates they have a certain vigor

of body and mind which renders them capable of

This long, painful, great, and intrepid actions. remark holds true not only between one nation and
but even in the different parts of the ^ Du In the north of China ( ), people Halde c and are more couragious than thofe in the fouch h k thofe in the fouth of Corea ( ), have lets bravery ( )The
another
;

fame country.

than thofe in the north.

hi

"

cfe

ought not then

to be

aftonifhed

that the

ma

j.

e
"
"

effeminacy of the people in hot climates, has almoft mention / C tnis lb always rendered them (laves j and that the bravery
1

of

p.

44

s.

378
*

THE SPIRIT
K

YVll

of thofe

in

cold climates has enabled them to main-

This is an effect which fprings from a natural caufe. This has alfo been found true in America; the dcfpotic empires ot Mexico and Peru were near
tain their liberties.

the Line, and almoll

>d

all

the

little free

nations were

are

frill,

near the Poles.

II

P.
>:c

III.

of
a

THl
crapcfa to
T

ons of travellers
f

inform us,

"that

-*.
tc
"

:nent of the north

TV

of Afia,

which
even to
co
tiie

:ds

from

forty degrees or thereabouts

tlu-Hn!.of
r
"

to the Pole,

and from the frontiers of Mufcovy

eaftern

"

ocean,

is

"

Do*Halde
"

climate-,

that this

immenfe

in^an extremely tract of land is

"

weft to

divided by a chain of mountains which run from eaft, leaving Siberia on the north, and
that the climate
is

"

Great Tarury on the fouth-,

of Siberia
it

it

ib cold,

cannot be

that excepting cultivated, and that

all

fome places though the

Irtis,

1C

Ruffians have fettlements

cultivate

along the
this

they

nothing

that

in

country there
;

(C
<c

<c

cc
"

grows only fome little firs and flirubs that the natives of the country are divided into wretch-d colonies, like thofe of Canada; that the reafon of this cold proceeds on the one hand from the height of the land, and on the other, from the mounr which, in proportion as they run from
fouth to north, are levelled in fuch a manner, that the north wind every where blows without oppofition
;

<c

46
<e

that tins

"

bla uninhabitable,

wind which renders Nova Zemblowing in Siberia makes it

* c

OF LAWS.
<{

"

"

Europe on the contrary, the mountains of Norway and Lapland are admirable bulwarks which cover the northern countries from the wind fo that at Stockholm, which is
a barren wafte-, that in
>

379 BOOK
chap.
-"

"

nine degrees latitude, the earth produces plants, fruits, and corn ; and that about
fifty

about

Abo, which
fixty three
filver,

is

fixty

11
"

and

fixty four,
is

one degrees, and even to there are mines of

fruitful enough."
"

and the land

alfo
in

We
"
"

fee

theie
is

relations,

that

Great

Tartary,
alfo
"

which

to the
-,

"

exceeding cold be cuhivated , that nothing can be found but pafturage for their flocks and herds ; that trees
cannot grow there, but only brambles, as
land
-,

fouth of Siberia, is that the country cannot

"

in Ice-

"

that

there

are

near

China and India,

"

fome countries where there grows a kind of millet,

"

"

that there

but that neither corn nor rice will ripen ; is fcarcely a place in Chinefe Tartary

"

at forty three, forty four,

and forty

five degrees,

"

"

does not freeze feven or eight months in the year, fo that it is as cold as Iceland,

where

it

"

though
"
l<

it

might be imagined from

,

its

fituation to

be as hot as the fouth of France

that there are

no

cities

except four or five towards the eaftern

"

"

ocean, and fome which the Chinefe, for polithat in the tical reafons, have built near China
-,

reft

(C II
ct

of great Tartary, there are only a few fituated in Buchar, Turqueftan, and Cathay; that the reafon of this extreme cold proceeds from
nature

the

of the

nitrous earth,

full

of

ialt-

petre, and fand, and the height of the land.

more

particularly
r

from

Verbiell found,

;hst a certain place eighty

leagues north of the

great

380
B
r T
"

THE SPIRIT
olc
" "
<c

Chap

towards the fource of Kavamhuram* great wall exceeded the height of the Tea near Pekin three thoufand geometrical paces ; that this height * is the caufe that though almoft all the great rivers

"

of Afia have their fource

is

in this country,

there

"

tc

want of water, th.it it can be inhabited only near the rivers and lakes." Thefe fndts being laid down, I reafon thus. Afia
fo o great a
1

however

has properly no temperate zone, as the places fituin a very cold climate immediately touch upon thofe which are exceeding hot, that is Turky, Perfia,
India, China, Corea, and Japan. In F,urope, on the contrary, the temperate zone is very extenfive though fituated in climates widely
different

from each other

there being no affinity

between the climates of Spain and Italy, and thofe of Norway and Sweden. But as the climate grc
infenfibly cold

upon our advancing from fouth

to

north, nearly in proportion to the latitude of each country ; it thence follows that each refembles the

country joining to it, that there is no very extra ordinary difference between them, and that, as I have the temperate zone is very extenfive. juft

From hence it comes, that in Afia the ftrong nations are oppofed to the weak ; the warlike, brave, and aftive people touch immediately on thofe who
are indolent, effeminate,

and timorous: the one muft

In therefore conquer, and the other be conquered. Europe, on the contrary, ftrong nations are op and thofe who join to each pofed to the ftrong
-,

This is the other have nearly the fame courage. nd reafon of the weaknefs of Afia, and of the
of Europe
is
,

of the liberty of Europe,

then a kipd of

and

O F L A
:

S.

381
K

B and of the flavery of Afia a caufe that I do not recollect ever to have feen remarked. From hence chap. it in Afia never increafes , & 4. proceeds, that
liberty

-",

whillt in

Europe it is enlarged or diminifhed ac cording to particular circumftances. The Ruifian nobility have indeed been reduced
to

flavery

by the ambition of one of

their princes

but they

have always difcovered thole marks of impatience and difcontent which are never to be
feen in the fouthern climates.

Have

they not been

able for

a fhort time to eftablifh an ariftocratical

?

government
has loft
its

Another of the northern kingdoms

;

laws

but

we may

truft to the climate

that they are not loft in fuch a

manner

as

never to

be recovered.

C 1
t.

II

P.

IV.
Ing

frcm
is

this.

WHAT
dued thirteen
the Arabs, the

we have

jii ft

faid,

perfectly con

formable to hiftory.

Afia has been fub-

times-, eleven by the northern nations, and twice by thofe of the iouch. In the early ages it was conquered three times by the Scythians , afterwards it was conquered once by the Medes, and once by the Perfians again by the Greeks,
,

Moguls, the Turks, the Tartars, the Perfians, and the Afghans. I mention only the upper Afia, and fay nothing of the invafi made in the reft of the fouth of that part of the world, which has moft frequencly fufieied prodi
gious revolutions. In Europe, on the contrary, fince the eftablifhraent of the Greek and Phoenician colonies we

know

382

T H E
T

R
;
-,

BOOK know \V T
Cha

&

5.

the firft caufed but of four ereat changes ky the conqueft of the Romans the fecond by the inundation of barbarians who deftroyed thefe very Romans , the third by the victories of Charlemain

and the
if this

by the invafions of the Normans. And be rightly examined, we mail find, even in
laft

thefe changes, a general flrength diffufed through all know the difficulty which the parts of Europe. the Romans met with in conquering Europe, and

We

the eafe and facility with which they invaded Afia. are fenfible of the difficulties the northern

We

nations had to encounter in overturning the

Roman

empire , of the wars, and labours of Charlemain ; and of the feveral enterprizes of the Normans. The
deftroyers were incefTantly deftroyed.

CHAP.
tfbat

V.

when tie People in tbe North of Afia, and tbofe of tbc Nortb of Europe bave conquered, tbe effefis
of tbc Conqueft were net tbe fame.

TH

nations in the north of

-,

Europe con

the people in the north quered as freemen of Afia conquered as (laves, and fubdued others

only to gratify the ambition of a mafter. The reafon is, that the people of Tartary, the
natural conquerors of Afia, are themfelves enfla\7 ed.

They are inceflantly making conquefts in thefouth of Afia, where they form empires ; but that part of the nation which continues in the country, find that
tic

they are fubject to a great mafter, who being defpoin the fouth, will alfo be fo in the north, and

fubjects,

exercifing an arbitrary power over the conquered pretends to the fame over thofe who are
the

OF LAWS.
in the conqueros. This is at this day plainU that vaft country called Chinele Tartary, which ^
i

3^3
l \

ahnoft as governed by the emperor with a p. as that of China itfelf, and which he every defpotic

day extends by his conquefts. Wemaylikewifefeeinthehitlo!

emperors
(

hina, that the

r

Tartary. Their Chinefe are become Tartars, and the mortal enemies of China; but this does not prevent their carrying
)fent Chinele toloi.
:o

th

into Tartary, the fpirit of the Chinefe government. part of the Tartars who have conquered,

have very often been themfelves they have carried into their
rit

n out-,

\\\\^-n

ih.u icrvile fpi

which they had acquired in the clinutr of flaThe hi (lory of China hirnifhcs m with great examples of this, as du.s allb our ancient
very.
hiftory.

From hence it proceeds that the genius of the Getic or Tartarian nation, has always relembled that of the empires of Afia. The people in theie are
governed by the cudgel
;

by long whips.

The

fpirit

the people in Tartary of F.urope has always

been contrary to thefe manners ; and in all ages what the people of Afia have called punifhment,
the people of

Europe have

called the

mod

outra-

gious abufe }-. The Tartars

who

deftroyed the Grecian empire,

eftablifhed in the

conquered countries, flavery and defpotic power-, the Goths conquering the Roman * The Scythians three times conquered Alia, and were three
times driven from thence.

f This

is

no way contrary

Juftin, 1. 2. to what I fhall fav in the

zSth book

chap. 23. concerning the manner of thinking among the d; man nations, in refpect to the cudgel let theinilrument be what it will, the confidercdby power or aftion of beating, was..
;

..m as an affront.

emp

384
\\
6.

THE SPIRIT
emnire every
I

BOCK
ii.
,

where

founded monarchy and

li-

in his Atlantica has

do not know whether the famous Rudbeck, who bellowed fuch praifes on Scandi

which ought
,

that great prerogative people above all the nations upon earth namely this country s having been the iouive from whence- fprung the liberties of Europe,

navia, has

made mention of
D>

il-t

this

that

fublilts

all the freedom which at prefenn amongfl mankind. Jornandez the Goth has called the north of Euis

of almnil

b
(

Umnnm rope, the farmer

rather call
it

b
( )

of the

human

race.

fhould

the farmer ot the inftruments which

in the fouth.

broke the chains forged

In the north

;ned thole valiant nations, which fallied forth

and and

left their

to teach

countries to dcftroy tyrants and (laves, men, that nature having made them

equal, realbn could not render

them dependent ex

cept where

it

was neceflary

to their happinefs.

CHAP.
A new
pbyfical

VI.

Caue of tbe Slavery of Jfia^ and of

tbe Liberty of Europe.

IN Europe
plains ; fions by

Afia they have always had great empires ; in thefe could never iubfift. Afia has larger
it is

cut out into

much more
and
>

extenfive diviit lies

mountains and
its

leas

as

more

to

the fouth,

fprings are
lels

more

eafily dried
-,

up

the
ri

mountains arc
vers being not

covered with fnow

and the
barriers.

fo large,

form fmaller

The

waters lofe thccifelvc, or evoporate before or after

their itreams are united,

Power

OF LAWS.
The power
for if

385
:

make

Afia ought to be always defpotic their flavery was not fevere, they would loon Cha a divifion, inconfiftent with the nature of the ^ 7.
in

country. In Europe the natural divifion forms

many

nati

ons of a moderate extent, in which the government of the laws is not incompatible with the maintenance

of the

(late: on the contrary, it is fo favourable to it, that without this the ftate would fall into decay, and

become

inferior to

all

others.
a genius for liberty,

It is this

which has formed

that renders every part extremely difficult to be fubdued and fubjecled to a foreign power, othrrv,

than by the laws and the advantage of commerc On the contrary, there reigns in Afia a fervile fpirit,

which they have never been able

it

to

make

off

and
this

is

impoffible to find, in

all

the hiflories
I.

foul

country, a fingle paflage which difcovers a we mail never fee any thing there but heroifm of flavery.
:

CHAP.
Of

VII:

Africa and America.

IS is what I had to fay of Afia and Eu Africa is in a climate like that of the rope. fouth of Afia, and is in the fame fervitude. rica * being deftroyed and lately re- peopled by the

TH
fhew
its

Ame

nations of

true genius

Europe and Africa, can now fcan, but what we know of its an
-,

cient hiftory is very

conformable to our principles.

* The petty barbarous nations of America are called by the Spaniards Indios Bravos, and are much more difficult to fubdue than the great, empires of Mexico and Peru.

VOL.

J.

BOOK

386

T H E

BOOK
Of Laws
In

XVIII.
to

the

Nature of

the Relation they bear the Soil.

I.

CHAP.
How
BOOK
xv111
,

tie Nature of tie Soil has

"^

an

Influence on

f be

Laws.

HE

ance.

goodnefs of the land, in any country, naturally eftablifhes fubjection and dependThe hufbandmen who compofe the princi

pal part of the people, are not very jealous of their liberty , they are too bufy and too intent on their

own
"

private

affairs.
is

country which overflows

with wealth,

Who
faid

is

afraid of pillage, afraid of an army. there that forms this goodly party ?

"

()Lib.i-.
"

a Cicero to Atticus( ), are they the men of commerce and of hufbandry ? Let us not imagine

"

"

that thefe are averfe to monarchy, theie to whom all governments are equal, as foon as they be-

"

(low

tranquillity."
is

Thus monarchy
ful countries,
-,

more

frequently found in fruit

and a republican government in thofe which are not fo and this is fometimes a fufficient
compenfation for the inconveniences they the fterility of the land.
fuffer

by

The

barrennefs of the Attic

foil,

eftablimed there

a popular government ; and the fertility of that of Lacedasmonia an ariftocratical form of government.

For in thofe times, Greece was averfe to the govern and ariftocracy had the ment of a fingle perfon
;

neareil refemblance to that government.

Plutarch

O F L A

S.

Plutarch fays ( h ), that the Cilonian fedition hav- Boo K ing been appeafed at Athens, the city fell into its c h 2 h ancient diflenfions, and was divided into as Lite of many
"

387

parties as

The men who

all

there were kinds of territory in Attica. inhabited the eminences, would by

plain,
chiefs

means have a popular government; thole of the demanded a government compofed of the
i

and they

v.-ho

were near the

lea,

were for a

government made up of both.

H A

P.

II.

The fame

Suljeft cent.

THESE
country
is

fertile

countries are

al\\

a ins,

where the inhabitants are unable

againft a ftronger

body

difpute they are then obliged to

ti t!

-to

fubmit, and when they have once lubmitted, the wealth of fpirit of liberty cannot return ;
a

pledge

of their

fideli:

But
hut

in

mountainous countries, as they h they may prefcrve what they have.

they enjoy,
defence.
It

little,

The

liberty

or,
is

in other

they a:v under,

words, th? government the only blefiing worthy of th

reigns therefore
s-J

more

in

and

difficult countries,

than

in thofe

mountainous which nature

feems to have molt favoured.

The mountaineers
vernment
quered.
;

preferve a

more moderate go

becaufe they are not fo liable to be con They defend themfelves eafily, and are at
j

tacked with difficulty

are collected

ammunition and provifions

is

and carried againft them with great

a

It expence, for the .country furnifhes none. then more difficult to make war againft them,

more hazardous enterprize

and

all

the laws that

.n

388

T H E
can ^ e mac
*

I
f

yvm*
Chap.
3
.

e f r

tne fefety

tne people are there

of lead

ufe.

CHAP.
irhat Countries are

III.

befl cultivated.

c OUNTRIES
portion
-,

to their

are not cultivated in pro but to their li fertility,

and if we make an imaginary divifion of berty the earth, we fhall be aftonifhed to fee in moft
ages, deferts in the moft fruitful parts, and great nations in thofe, where nature feems to refufe every

thing.
It is

try

to

ftek

natural for a people to leave a bad coun a better , and not to leave a good

Moft of the invafions country to feck a worfe. have therefore been made in countries, which
nothing
and as nature feems to have formed for happinefs is more nearly allied than deiblation and
:

invafion,

the beft countries

;

are

moft frequently

depopulated

while the frightful countries of the

north continue always inhabited, from their being almoft uninhabitable.

We

find by

what

hiftorians tell us of the palTage

of the people of Scandinavia, along the banks of the Danube, that this was not a conqueft, but only
a migration into defert countries. Thcfe happy climates muft therefore have been

depopulated by other migrations, though we know

not the tragical fcenes that happened.
"

"

() Or he w ho wrote
*De

"

It appears by many monumems of antiquity, e favs Ariftotlc( ), that the Sardinians were a Grecian colony. They were formerly very rich ; and

"

Mir*
us.

Arifteus, fo

famed
\

for his

love of agriculture,
"

was

OF LAWS.
*

was

their lawgiver.
;

But they

are

fmce

fallen

389 OK
4",

cc
<(

to decay

mailers,
"
<c

for the Carthaginians becoming their chap. & 5. deftroyed every thing proper for the nourifhment of man, and forbad the cultivation

of the lands on pain of death." Sardinia was not recovered in the time of Ariftotle, nor is it to
this

day.

temperate parts of Perfia, Turky, and Poland, have not been able to recover perfectly from the devaluations of the

The mod

Mufcovy,

Tartars.

CHAP.
New
Effefts of the Fertility
tries.

IV.

and Barrennefs of Coun

to hardlhip, cou they are obliged to pro rageous and fit for war cure by labour what the earth refufes to beftow fpon-

THE

barrennefs of the earth renders

fober, inured
:

men

in-

duftrious,

taneoufly.

The fertility of a country gives cafe, effe minacy, and a certain fondnefs for the prefervation of life. It has been remarked that the German troops
raifed in thofe places where the peafants are rich, as for inftance, in Saxony, are not fo good as the

others.

Military laws may provide againft this in convenience by a more fevere difcipline.

CHAP.
Of

V.

the Inhabitants of I/lands,

HE

people of the ides have a higher reIHh for liberty than thofe of the continent.

c 2

Iflands

39 o

T H E
iQandr, are
f

T
;

BOOK

YVTIT Cha 6

commonly
P^ e

of a fmall * extent
eafily

one part

^ ie P e

cannot be fo

other i the fea feparates prefs the empires iu that they cannot be countenanced
-,

employed to opthem from great

by

tyranny

conquerors are (lopped by the fea, the ifianders themfelves are not involved in conquefts,
:

and more

eafily pvelcrve their laws.

CHA
Of
"^HOSE countries

P.

VI.

Countries raifcd by the Itiduftry of

Men.

which the induftry of men has rendered habitable, and which ftand in need of the fame induftry to provide for their fub-

There
fine

,nce, require a mild and moderate government. arc principally three of this fpecies, the two

provinces of Kianguan and

ypt,

Tchekhng in

China,

and Holland.
ancient emperors

The

of China were not con

thing they did to aggrandize themielves, was what gave the higheft proof of their uifdom. They raifed from beneath the waters two
querors.
rirft

The

of the
ir

fineft provinces of the empire; exigence to the labour of man.

thefe

owe
it is

And

the inexpreffible fertility of thefe two provinces which has given Europe fuch ideas of the felicity of this vaft country. But a continual and necefiary
care to p refer ve from deftruction fo confiderable a part of the empire, demanded rather the man
ners of a wife,

than of a voluptuous nation

ra

ther the lawful authority of a monarch, than the Power was tyrannic power of a defpotic prince.

Japan K an exception to

this,

by

its

great

extent as well as

bj us /lavery.

therefore

O F L A
part of the Turkifh empire.

S.

391
B
K

therefore neceflarily moderated in that country, as it was formerly in TEgypt, and as it is (till in that

chap. 6\

Power was

necefifarily

&

7.

Holland, which nature has made to attend to herfelf, and not to be abandoned
as
it is

moderated

in

negligence or caprice. in fpite of the climate of China, where they are naturally led to a fervile obedience, in fpite of the apprehenfions which follow a too great extent

to

Thus

of empire, the
obliged to

firft

legiflators

of this country were

make moft

vernment was

excellent laws, and the go frequently obliged to follow them.

CHAP.
Of
the

VII.

Works of Men.

N by their care, and by the influence of good laws have rendered the earth more We fee rivers flow where proper for their abode. this is a benefit there have been lakes and marihes which nature has not beftowed; but it is a benefit When the Permaintained and fupplied by nature. c c fians ( ) were matters of Afia, they permitted thofe Polywho conveyed a fpring to Sny place which had not bius 10 -

ME

1*

been watered before, to enjoy the benefit for five ge nerations and as a number of rivulets flowed from
,

mount Taurus, they fpared no expence, in direct At this day, with ing the courfe of their ftreams. out knowing how they came thither, they are found
in the fields

and gardens.
produce
evils

Thus

as deftructive nations
;

more

durable than thcmfelves

the actions of induftrious

laft,

nations are the fource of bleffings which they are no more.

when

CHAP.

392

THE -SPIRIT
CHAP.
The
""

VIII.

general Relation of Laws.

BOOK
XVIII.

HE

manner

laws have a very great relation to the in which the feveral nations procure

tlv.ir fubfiftence. There fhould be a code of laws of a much larger extent, for a nation attached to trade and navigation, than for a people who are

contented

Jtivating the earth.

There (hould

be a
live

much
by

thefe, than for a people who great their flocks and herds. There mud be a
laft,

greater for this

than for thofe

who

live

by

hunting.

CHAP.
Of

IX.

tbe Soil of America.

IP HE

tions in

caufe of there being fo many favage na America is the fertility of the earth,

which fpontaneouOy produces many fruits capable of If the women culti ording them nourifhment. vate a fpot of land roitnd their cabins, the maiz
and hunting and fifhing put of complete abundance. Befides, black cattle, as cows, buffaloes, &c. fucceed there better than carnivorous beads.

grows up prefently

the

men

in a (late

\Ve fhould not,

it

believe,

have

all thefe

advan
;

tages in Europe, if the land was left uncultivated

would produce fcarce any thing oaks and other barren trees.

befides forefts of

CHAP,

O P L A

W
X.

S.

393

CHAP.
Of
the

Number of Men with regard

which they procure

to

tl>t

manner

in

Subjiftencc.

LET men
of
cultivate

us

fee
is

in

found,

what proportion the number in nations who do not

BOOK
*v

the earth.
is

As

the produce of unculti-

& u.

vated land,

by culture
try,
is

to the produce of land improved fo the number of favages in one coun

to the

number of hufbandmen

in

another
culti

and when the people who cultivate the land,

vate alfo the arts,

the number of favages is to the number of this people, in the compound proportion of the number of favages to that of the hufband men and of the number of hufbandmen to that of
;

men who
are

cultivate the arts.

fcarcely

They can

form

a great nation.

If they

herdfmen and fhepherds, they have need of an

i

extenfive country to furnifh fubfiftence for a fmall

number

if
flill

mud
of

be

they live by hunting, their number lefs, and in order to find the means

life

they muft form a very fmall nation.

is

Their country
as

the

men have

waters, are filled ton themfelves, and form a

commonly full of forefts; which, not the art of draining off the with bogs ; here each troop can
little

nation.

CHAP.
is

XL
between favage
firft

Of Savage Nations, and Nations of Barbarians.

THERE
difperfed

this difference
,

and barbarous nations

nations, which, for

the

are little

fome particular reafon,

394

T H E
forj 5 cannot be united
;

BOOK

and the barbarians are com-

fmall nations capable of being united. The Chap. 12, nionly & 13. firft are generally nations of hunters; the fecond of

This appears plain in herdfmen and fhepherds. The people of Siberia cannot the north of Afia. live in bodies, becaufe they cannot find fubfiftence ;
the Tartars
their herds

may

live in

and flocks may for

bodies for fome time, becaufe a time be re-aflembled.

All the chns may then be re- united, and this is done when one chief has fubdued many others ; after which they may do two things, either feparate,
or
fct

out with a defign to

in the fouth.

make

a great conqueft in

fome empire

CHAP.
Of
.iw of
-.ite
.

XII.

People tbe Earth.

:cngft

wbo

do not

AS
cattle,

thefe people do not live circumlcribed boundaries,

in

limited and
caufes of

many

ftrife arife

between them

-,

they difpute the unculti

vated land, as

we

difpute about inheritances.

Thus

they find frequent occafions for war, in defence of

their hunting, their fifhing, the paflure for their and the taking of their (laves , and having

no territory, they have many things to regulate by the law of nations, and but few to decide by the
civil law.

CHAP.
Of

XIII.

of tbofeNai tbe Earth.

1

wHo do not

cultfo

HE

divinon of lands

is

what principally

increafes the civil code.

Amongft

lations nations

where

OF LAWS.
where they have not made r -1 very few civil laws.
1

395
there arc

this divifion,

* XVIII.

The

inftitutions

of thcfe people

may

chap be called & 14.

manners rather than laws.

Amongft fuch nations as thefe, the old men, who remember things pad, have great authority ;
they cannot there be diftinguifhed by wealth, by \vifdom and valour.

but

Thefe people wander and

difperfe themfelves in

pafture grounds or in forefts. Marriage cannot there have the fccurity which it has amongfl us, where
it is

fixed

by the habitation, and where the wife

;

continues in one houfe

they

may

then more eafily

fometiiru

change

their wives,

poflefs

many, and

mix

indifferently like brutes.

their cattle,

Nations of herdfmen and fhcpherds cannot leave which are their fubfiftence ; neither can
themfelves

they feparate

from

their

wives,

who

look after them.

ther,

All this ought then to go toge

where

efpecially as living generally in great plains, f.here are few places of confidcrable flrength,

their wives, their children, their flocks

may become

the prey of their enemies. Their laws regulate the divifion of plunder, and have,like our Salic laws, a particular attention to thefts.

CHAP.
Of

XIV.
who
do not cultivate

the political State of thePupk the Lands.

THESE
they
if

people enjoy great liberty.

cultivate

For

as

do not

the earth, they are

not fixed, they are wanderers and vagabonds j and a chief would deprive them of their liberty, they

would

396 Bo o
Chap,
i

T H E
it
i

^ould immediately go and feek it under another, Or ret re nto tne woods and live there with their
i

-,

16,

families.

The liberty of the man is fo great among thefe people, that it neceflarily draws after it the liberty of the citizen.

CHAP.
Of
People
ii

XV.
Ufe of Money.

bo

knciL* tbc

got fafe to geometrical figures traced in the land, he was feized with a tranfport of joy, judging that he was amongfl

ARISTIPPUS
Greeks, and not
in a

being caft away, fwam and the next fhore , where feeing

nation of barbarians.

Being alone, and cad by fome accident amongfl:

an unknown people-,
allured, that

you

if you fee a piece of money, be are arrived in a civilized nation.

The culture of lands requires the ufe of money. This culture fuppofcs many arts and degrees of knowledge-, and we always fee ingenuity, the arts, and a fenfe of want, making their progrefs with an
equal pace.
All this conduces to the eftablifhment

of

a fign

of value.

Torrents and eruptions * have made the difcovery that metals were concealed in the earth. When they have once been feparated, they have eafily been
applied to their proper ufes.

CHAP.
Of
chil

XVI.
"jcbo

Laws

among/I People

know

not the Ufe of

W
*
It is

Money.

H EN

a people have not the ufe of money, they are feldom acquainted with any other
tells

thus that Diodorus

us the ftiepherds found gold in

injuiticc

the Pyienean mountains.

OF LAWS.
which fprings from violence and B the weak, by uniting, defend themfelves from its C h effects. They have nothing there but political rcgu- & Jations. But where money is eftablifhed, they are fubject to that injuftice which proceeds from craft ;
injuftice than that
-,

397
*
(
,

17.

may be exerciled a thoufand ways. hence they are forced to have good civil laws, which fpring up with the new means, and the feveral methods of becoming wicked. ^j
injuftice that

an

From

In countries where they have no money, the rob ber takes only bare moveables, which have no refemblance to each other. In countries where they make
ufe

of money, the robber takes the

figns,

and

thefe

In the firft nothing always refemble each other. can be concealed, becaule the roSber always take* along with him the proofs of his conviclion j but io
the others,
it is

quite the contrary.

C
Of
f I
-**

II

P.

XVII.

political

Laws

amongft Nations

who have

not

Ufe of Money.
*

HE

greateft

people What is not knowing the ufe of money. gained by hunting, fifhing, or keeping herds of
their
cattle,

who do

fecurity of the liberties of a not cultivate the earth, is

cannot be aiTembled

in

fuch great quantities,

for

nor be

fufficiently preferved,

one

man

to find
:

himfelf in a condition to corrupt many others but when, inftead of this, a man has the fign of riches,

he

may

diftribute

obtain a large quantity of thefe iigns, and them amongft whom he pleafes.

The people who have no money, have but few wants, and thefe are fupplied both with eafe, and
in

398
Cha

T H E
in an equal

R
is

T
;

BOOK
18
19.

manner.
it

Equality

then unavoidable

an(^ fr

hence

proceeds, that their chiefs are

&

not defpotic.

C
Of

H A
P

P.

XVIII.

tl-e

F what

travellers tell us be true, the conftitution

i
(fc)

Edify- is
rttcis

of a nation of Louifiana, called the Natches, an exception to this. Their ( b ) chief difpofes
all his fubjecls,

of the goods of

and makes them

He has a power labour according to his pleafure. like that of the grand fignor, and they cannot
even refufe him
their heads.

\Vhen

the prefump-

tive heir enters into

the world, they give him all the fucking children to ferve him during his life. One would imagine that this is the great Sefoftris,

He

treated in his cabin, with as much ceremony emperor of Japan or China. The prejudices of fuperftition are fuperior to all other prejudices, and its reafons to all other reafons. Thus, though the favage nations have naturally no
is

as an

knowledge of
it.

They adore

defpotic tyranny, yet this people feel the fun , and if their chief had not
this glorious

imagined that he was the brother of

luminary, they would have thought him a miferable wretch like themfelves.

CHAP.
Of
tbt Liberty of the Arabs,

XIX.
and the Servitude of the

Tartars.

Arabs and Tartars

-*-

are nations of herdffind

men and

fhepherds.

The Arabs

them
felves

OF LAWS.
felves
in that general fituation,

399
B
, r

of which we have
:

whilft the Ch been fpeaking, and are therefore free Tartars (the moft fingular people on earth) are involved in a * I have
political
c

flavery.

already

given fome reafons

others.

( )

for this,

and

fhall

now

give

(^ E

*V

They have no
but few marfhes

towns,
;

they have no forefts, and

rivers

their

are

almoft always

frozen, and they dwell in an immenfe plain. They have pafture for their herds and flocks, and confequently property ; but they have no kind of Khan is no Iboner retreat, or place of fafety. overcome than they cut off his -f head , his chil

dren are treated in the fame manner, and

fubjects

all

his

Thefe are not condemned to a civil flavery they would in that cafe be a burthen to a fimple nation, who have no lands to cultivate, and no need of any domeftic
belong to the conqueror.
,

fervice.

They

therefore

augment

the nation

but

inftead of civil flavery, a political

rally

one mult natu

be introduced amongft them.

ral clans

apparent, that in a country where the fevemake continual war, and are perpetually conquering each other; in a country, where by the
It is

death of the chief, the body politic of the vanquifhed clan is always deftroyed, the nation in gene
ral

can enjoy but

little

freedom

for there

is

not a

fingle party that

muft not have been a very great

number of times fubdued.

A
*

conquered people may preferve fome degree

a

word
f

is that his proclaimed, all the people cry fword. not therefore to be aftonifhed at Mahomet the ought fon of Miriveis, who, upon taking Ifpahan, put all the princes of the blood to the fword.
:

When
fhail

Khan
as a

be

We

Of

400

T H E
of
liberty,
*

BOOK

when by
ft ate
>

are ie Chap 20 ^ y

n a

the ftrength of their fituation, *hat will admit of their capi

tulating after their defeat.

But the Tartars always

defencelefs, being once overcome, can never be able to ftand upon conditions.
I

have

faid in

Chap.

II.

that the inhabitants of

cultivated plains are feldom free. Circumftances have concurred to put the Tartars who dwell in

uncultivated plains, in the fame fituation.

CHAP.
Of
the

XX.
as praftifed by the

LAW

OF

NATIONS
Tartars.

THE
nean
;

Tartars appear to be mild and humane

-,

and yet they are mod when they take cities, they put cruel conquerors the inhabitants to the fword, and imagine that they do them a iavour when they fell them, or diftri-

amongft themielvcs
:

bute them among!! their

flroyed Afia,

foldiers.

They have
forms the

de-

from

India, even to the Mediterra

eaft

and

all

Perfia they have

the country which made a defert.

of

This law of nations is owing, I think, to the This people having no towns, following caufe. all their wars are carried on with eag-ernefs and o
impetLiofit)

conqi.er

They fight whenever they hope to and when they have no fuch hopes ;
.

it

With fuch cuttoms, they join the ilronger army. is contrary to their law of nations, that a city which cannot refift, fhould flop their progrefs.
regard not cities as an allembly of inhabi but as places made to fet limits to their

They
tants,

power.

They

befiege

them without

art,

and expofe

OF LAWS.
and there- ^ pofe themfelves greatly in their fieges tore revenge themfelves by the blood of all thole
,

401
o K
2 1?

who have

fpilt theirs.

CHAP.
The CIVIL

XXI.
of the Tartars.
that

LAW

the youngeft of the males is always the heir, by reafon that as foon as the elder are capable of leading a paftoral life, they leave

FATHER
by the
lather,

Du Halde

fays,

amongft

the Tartars,

the houie with a certain

number of cattle given them

\

The
I

laft ot

and go ;!d a r,c\v habitation. the males who continues in the ho-.
is

with the father,

ferved in

then his natural heir.

like

have heard that a

cuilom was
of

alfo

fome fmall

diftricls

Kngland.

obThis

was doubtlefs a paftoral law a _-d thither by fome of the people of Britany, or ellablimed by
\\ e are informed by Cadar fome German nation. and Tacitus, that thcfe lait cultivated bu; little
land.

CHAP.
Of
a CIVIL

XXII.
German Nations.

LAW

of the

here explain how that particular paffage of the Salic law, which is commonly diftinguifhed by the term The Salic Law, relates to
earth, or at leaft

SHALL

the institutions of a people who who cultivate

do not
it

cultivate the
little.
4
(

but very

The
left

law ordains that when a man has children behind him, the males mail fucceed
Salic
(
)

)Tit. 62*

to the Salic land,

to the prejudice of the females.

VOL.

I.

To

4 02

II

T
the Franks

BOOK

underftand the nature of thofe Salic lands, there needs no more than to fearch into the ufages
or cuftoms with
before they
to land amongfl refpecl: came out of Germany.

To

Mr. 1 xhard has very plainly proved that the word Sti/ic is derived from Sti/a, which fignifies a
houle
and, that therefore, the Salic land was the land of the houfr. I fhall go farther, and examine
;

what was
cc it
"

the houfc,

and what the land belonging

the

to the houfe,

among

Germans.

dwell not in towns, fays Tacitus, nor can they bear to have their houfes joined to thofe of others every one leaves a fpace or fmall

They

*l
"

piece of ground about his houfe, which is inclofed and Unit up." T.uiuis is very exact in this ac,

() The
law of the A m 3ns
1 1**

count

for

many

laws of the

e
(

Barbarian codes

have different decrees againft thofe

10.

and

tms enclofure,

as well

as againll

who threw down thofe who broke

the law of into the houfe. aV

ria nf
tit~
.

We

learn

from Tacitus and

.

Csefar, that the lands

10.

i,

and

2.

cultivated by the Germans, were given them only for t h e fp ace O f a y ear a fter which they again be came public. They had no other patrimony but
inclothe houfe and a piece of land, within the fure that furrounded it. It was this particular patri And indeed to the males. mony which

belonged

how

could

it

belong to the daughters

they were

to pafs into another houfe. The Salic hind \vas then

within that enclofure,

which belonged
Nu!l(>!

to a

German

houfe

this

was the

Cfrffinnon/ffi populis urkes balntari Jatis mtum eft, ne pati quidcm inttr je jun:!iu icdes ; colunt difcreli, ut henuis placuit, Vices ioci tHt, ncn in nojlri cobeerentibus eeeKjicns t morem connexis

&

fuam

De moribus Germanorum. quijque dowumfpatio arcitmdat f This enclofure is called Cortis, in the charters.
.

only

OF LAWS.
only property they had.
conquefts, acquired
to call

403
after their

The Franks
pofleflions,

new

and continued
their wealth

cha-.-Vj.

them

Salic lands.

Vv hen the Franks lived in

Germany,

confided of (laves, flocks, horK ms S:c. the houfe and the fmall portion of land adjoining to it, were naturally given to the malt- children who

were to dwell there. But afterwards when che Franks had by conquefl acquired large divisions of land, they thought it hard, that the duuijhreni and
their children mould be incapable of enjoying any part of them. They introduced a cuftom of per mitting the father to recall his daughter, and her

children.

that thefe recalls

entered in
* *

the lawj and it appears were frequent, fince they were the formularies (

They

filenccd

f
(
)

See
"*

Amongft

all thefe

formularies

find

one

f?
\

) /

of a
ills

A grandfather recalled his grand- form. 10 , fmgular nature. children to fucceed with his fons and daughters. & - A pWhat then became of the Salic law ? In thofe times jj^jf
either
it

ufe of recalling the

their ability

,.,.,.
The

could not be obferved, or the continual daughters had made them regard
.
-

form. 49.
anti lllc
.

ancient

to inherit,

as a

cale

authorized

by

cuftom.
Salic law

formulaof

had not

in

view a preference of
(-)
5 5-

one fex to the other, much lefs had it a regard to the perpetuity of a family, a name, or the tranf-

Form.
in

Thefe things did not enter into the heads of the Germans it was purely a lav/ of ceconomy which gave the .houfe, and the land
miflion of land.
;

broch

colleftion.

dependent on the houfe, to the males

dwell in
it,

who mould

and

to

whom

it

confequently was of

moil

fervice.

d 2

We

404

T H E
\y e
neecj
}

T
title

BOOK
Chap
- -

lcre

on ]y tranfcribe the
the Salic law,
that

of the

dllcdial lands

of which
"

fo

famous text many have fpoken, and which ib few

ot

have read.
If

man
(Kill

dies

without

iffue,

his

father or

"

mother
father

fucceed him.

2.

If he has neither
filler

"

nor

mother,
3.
filler

his

brother or

fhall

fucceed him.
filler,

If he has
his

neither brother nor

"

the

of

mother mail fucceed him.

filler,

"

4.
"

If his

mother has no
fucceed him.

the

filter

of his

father fhall

5.

If his father has

tc
"

nu

filler,

fiua-cd.
fliall

"

p.ifs

the neareft relation by the male fhall * 6. Not any part of the Salic land to the females-, but it fhall belong to
is,

4t

th.e
"

males, that

the male children

fhall fuc-

ceed their

father."

to It is plain that the firft five articles relate the inheritance of a man who dies wi:hout iflue ,

and the
children.
Vs

fixth to

the

fucceffion of

him

\vho has

hen a

man

dies without children, the law or

dains that neither of the two fexes fhall

have the

In preference to the other, except in certain cafes. s of fucceffion, the advantages the two rirft
<.

of the males and females were the fame-,

third

in

the

and fourth, the females had the preference,

in the fifth.

and the males

"

Tacitus gives us the feeds ot thefe extravagancies: The fill Ten, fays he, are as dear to
tra*in mni: :rfm nulla portio bereditatii
:<s

f:t,

acquint,

hd

:itatejuc-

unt.

Tit.

t>2.

$.

6.

f Sororum fii iis idem apud aiiunculum quam aptd patrerr. honir. idam Janlfiior m c.rJt; r .remque hunc nexnm Janguinis arbitrantur, in .bus magis exigunt, tanquam ii annnuir. fir acctpietia
L
<Lf

& donium

latius t meant.

De

morib.

Germanorum.
"

their

OF LAWS.
"

405
K
22.

their uncle as to their

"

"

There are men c who regard this degree of kindred as more drift, chap. and even more holy. They prefer it when they

own

father.

our earlied *

hence it proceeds that ijvak in furh flr<Mv; terms of ; the love of the kings of the I ranks for their fiders, and their fillers children. -id indeed if the chil
hodages."

receive

From

hittori.ins

dren of
houfe,
to

the

fitter

were confuleivd
children,
it

in

her brother

as his

own

was natural

for the ft

regard their aunt as their moth fitter of the mother was preferred to the father s fitter this is explained by other texts of

The

the Salic law.

(he frll

\Vhen

woman

was

widow,

( )

Salic
tit*

under the guardianfhin () \ her hu (band s relations-, the law preferred to this guardianfhip the
relations

by the females before thofe by the males. In

a family, joining her-

deed a

woman who entered into

own
lex,

Ur

with thofe of her

became more united

to

her relations by the female than by the male. Moreover, when [ m ) a man had killed another, and had not m )
(

IbiJ -

wherewithal to pay the pecuniary penalty he had incurred, the law permitted him to deliver up his
wanting.
fubftance, and his relations were to fupply what was Afcer the father, mother and brother,
the fitter of the

r t

mother was to pay,

:

as if this tie

had

fomething in it moft tender now the degrees of kin dred which gives the burthens, ought to give alib
the

advantages.
Salic

The
tion
*
1

the fuccefTion

law enjoins that afcer the father s fitter, mould be held by the nearett rela
if this relation

male

but

was beyond the

fifth

See in Gregory of Tours, lib. 8. c 18, and 20. and lib. 9. c. 6, and 2?. the rage of Gontram at Leovigild s ill treatment of Ingunda his niece, which Childebert her brother took up arms
to

revenge.

d 3

degret,

4 o6
B
o o
1
"

T
v.

HE

-S

P I-R

T
a

decree,
C

he mould not inherit.

Thus

woman of

11
"

Cha

^ Degree, might inherit to the prejudice and this may be feen in of a male of the fixth * law of the the Ripuarian Franks, (a faithful inter^e
r
:

pi

etation of the Salic law)

it

under the

title

of Allo

dial lands, \vhcn-

follows ftep by

ftep the Salic

law on the fame lubjcft.

If the father left ilfue,

the Salic law

would have

the daughters excluded from the inheritance of the Salic land, and that it fliould belong to the male

children.
It would be eafy for me to prove that the Salic law did not abfolutery exclude the daughters from o the p IK (lion of the Salic land, but only in the cafe

Mhcrc they were excluded by their brothers. This appears from the Salic law iill-lf; which after having laid that the wcmen mall polfrfs none of the Salic
land, but
itlelf,
4t

only the males,

tl

by adding,

that

is,

interprets and reftrains the fon fhall fucceed

to the inheritance of the

2,

father."

The
n

text of the Salic

hw

is

cleared

up by

the

law of the Riparian Franks,

title
(
)

which

has allo a
to that

on

allodial lands very

conformable

of the Salic L
3.

The

laws of thefe barbarous nations,

who

all

iprung from Germany, interpret each other, more particularly as they all have nearly the fame fpirit. he Saxon law enjoined the father and mother
.I

-j

to leave their inheritance

* Et

to

their fon,

and not

to

dt
rt<-ef>.<

loereditalttnfucccdat.

f Tit. 7. em relin^uant

it fui proxitnus futr Tit. 56. j. heredit aI. Pater ant matrr defunBi, flio mtniilite .4. qui defunttus, non filios, fed fhas reliqutrit,

uique

ad quintvm genu^uhtm
.

in

cas cmnis ktreditcu Pertineat.

their

O F L A
their daughter
ters,
;

S.

407
daughB
7

but

if

there were none but

K
*

4.

they were to have the whole inheritance. We have two ancient formularies ()
in

c(
ulfus

2>

that ()InMar-

ftate the cafe,

which according

to the S.ilic

law
is

1<2

the daughters were excluded by the males, that when they were in competition with their brother.

form, i :. nn d in the

Appendix
f

proves, that the daugh- fa ter fucceeded to the fhe 49prejudice of the grand fon
( )
-,

Another formulary

om
"

was therefore excluded only by the f .-n 6. If daughters had been generally excluded by the Salic law from the inheritance of land, it would
be impoffible to explain the hiftories, formularies,

Lin

^
broch
s

colleftion

and

barters, which are continually mentioning the lands and under the firft race. poflefllons of the women, f have been to blame to aflert, that the 0) } People
^
1

Salic lands

were

fiefs,

i.

This head
2.

is

diftinguifhed
firlt

by the

title

of allodial lands.

Fiefs at

were

not hereditary. 3. If the Salic lands had been fiefs, how could Marculfus treat that cuftom as impious

which excluded the

the
4.

women from
did
not

inheriting, *j
to

when
fiefs ?

males themfelves

facceed

The

charters

which have been cited to prove

that the Salic lands were fiefs, only prove that they were freeholds. 5. Fiefs were not eftablifhed till

conqueft, and the Salic cuftoms fubfifted 6. It was long before the Franks left Germany. not the Salic law which by letting bounds to the fucceffion of women formed the eftablifhment of
after the
fiefs
;

but

it

limits to the fucceffion

Jations

was the eftablifhment of of women, and

faid,

fiefs

that

fet

to the regu-

of the Salic law.

After what has been

one would not imagine

that the perpetual fuccefTion of the males to the crown of France mould have taken its rife from the Salic

d 4

law

40
K
,

THE SPIRIT
law.

And
it

yet ibis

is

a point indubitably certain.

prove

frum the

fcveral codes
?
( )

of the barbarous

nations.
(
:

The

Salic law

and the law of the Bur.

i-

i.

V
14.

r-undians (h) itfufed the daughters the ri^ht of fuc-

tit.

$.
1

i, 5

ceeding to the land

thcrs
,
l"

in

conjunction with their bro-

tit

2"*

neither did they fucceed to the crown. The * w f tnc goths on the contrary, permitted 1 thr daughters to inherit the land with the brothers;
(

and the women were capable of inheriting the crown. A thcllmple the regulations of the civil
[

law

\\. .i\

an cftefl on the political. pot tlv only cafe in which the political
y to the civil law.

la\v

of the Fia:.
alic

By

law

the land,

the brothers Kuvcr-d d equally to and this v o decreed by a law ot the

all
\

}^

iians.

.us in
li

the
.

kingdom of
idians,
:. .!

the Franks,

and
;.nd

in

that of the
the<

the

brothers

fucceeded to
.

-own

if

we except
place

a few

murders
the

irions

which took

amongft

Burgundians.

c
Of
tbc

H A
C

P.

xxn.
of

R
an
idea of

APEO We
have
ry.

LE who
ib

do not cultivate the land,

as

not

much
;

luxu

city oi

may fee in Tacitus the German nations

ornaments
,

the admirable fimplithe arts were not em

thefe

ployed
nature.

in their
It

were founded

in

the family of their chief was to be diftinguifhed by any fign, it was no other than that The kings of the Franks which nature beftowed.
*

The German
alfo thofe

and

nations, fays Tacitus had which were peculiar to each.

common

cuftoms,

Of

OF

LAW

S.

409
had
rheir
*

of the Burgundians, and the Vifigoths, long hair for a diadem.

Chap.

2*4,

CHAP.
Of
tie M-.I--soft!.

XXIV.
Franks.

H
..

A VE

do not cuhiva

that \virh people already e the earth, marriages are

{"aid,

who
lefs

fixed

than with others,

"

take
"

many

v/ive.s.

and that they generally The Germans were almofl

:

all the barbarous nations, he only people of who were fatisfied with one wife, if we -j-,
>t

"

"

"

who, not Irom a di^lutenefs of manners, but becaufeof their nobiury, had many."
fays

Tacitus,

fume

per. ^ns,

m
an

This explains the reafon why the kings of the race had fo o great a number of wives. Thefe were lefs a proot of incontinence, than
.ute
in

of dignity

and

it

would have wounded

j

tender point to have deprived them of This explains the reafon fuch a prerogative (O.

them

See Fres

why
.

the
.

examule of the kings was not followed by degarms

of the

chronicle

the fubjeCts.

CHAP.
CH LD E R
i

year 628.

XXV.
i

c.

it
it

MARRIAGES
*

fays Tacitus, are Uriel:! y obferved

amongft the Germans, Vice

||.

Props fcli morib. Germanorum.

Barbarorum

Jlngulis uxoribus content: funt.

De

f Exceptis admodum faucis qui non libidine, fed ob nobilitattm^ Jbid. ambiuntur. plurimii nuptiis

& cerrumpi ftfculum

^|

Se<vera

matrimonia
<vo<:atur.

nemo

illic

I itia

ridet,

nee

corrumpere
**

De moribus Germanorum.
is

410
cc (( (C cc is

Jri

T
there are few *

To corrupt not there a fubjed of ridicule. or be corrupted, is not called a point of fafhion ;
or a

manner of fpending
in this
faith."

lite

examples
II.

populous nation of the viola

tion of conjugal

tU

This was the reafon of the expulfion of Chilric he (hocked their rigid virtue, which con:

queft had not had time to corrupt.

C
Of
the

II

P.

XXVI.

Time ixben the Kings of the Franks became of

Ag*.

ARHARIANS
earth, have,
anil arc,
11
1

who do

not

cultivate

the

icily

fpeaking, no jurifuiction,

as we have already faid, rather governed by the law of nations, than by civil laws. They are therefore always armed. Thus Tacitus tells us,
ic

that the

Germans f undertook no

affairs

either

"

of a public or private nature, unarmed.* They ve their opinion by a fign with their arms J.
\\

As foon as they could carry them, they were pretheir

fented to the aflembly hands from that

:

they put a javelin they

into

moment

** were out of

their infancy

now
*

rli-\ had been a part of the family, they became a part of the republic.
;

ia in tarn
"*

numerosu

[\,ntt

0/fnltfrja.

Ibid.

f-

pnl
Si
..

lic<f

Ij

ttntia,

neque prtiiatsr rei niji armali agunt. Ibid. ti remit u // rnanlitr ; fen plaaiit, fr

<

Ibid. neas conculhtnt. rncrt ante \ Scd (irrrtaj. cuiquam morn qiuwi civitas Jujfetturum

averit.

$ Turn

i>r

ipfo

(oncilio i-el

principum ali^u n, inl pater, ir/ pro;

**

uus, fcuto frfimtaque ju^vtntm ornant H<TC apud i lit.- toga, hie primus j wen! a* honos

ante bee do-

pars

iride$t.ftr,

mix

reipytlica.

Childebert

O F
Childebert
II.

I,

S.

\vas

fifteen

Gontram
"

his uncle declared that

if

XVIII he was of age, and c

han>
"

years old,

411 when BOOK

governing bv himiclf.

have put,

"

lavs he {-, this javelin into thy hands, as a token, that I have given thce all my kingdom and then turning tov/ards the afiembly, he added, you fee that my Ion Childebert is become a man ;
"
"

obey
r

him."

Yv e find in the Ripuarian laws, that the age of fifteen, the ability of bearing arms, and majority

went together.
"

It is there fai

"
;

that

if

a Ri-

e (

)Tit.8u

Cl

1C (C
"

puarian dies, or is killed, an.! leaves a Inn behind nor be prohim, that fon can neither pro led, till he has completely attained the age of
,

fifteen
felf,

or chule

and then he may either anfwer tor hima champion." It was neccfTary
fufficiendy formed, tint he
,

that his

mind mould be

might be able to defend himfclf in court and that his body mould have all the ilrength that was pro per for his defence in combat. Amongft the Burgundians ), who alfo made Life of combat in their juf

r
(

Tit. 87.

diciary proceedings,

they were of age at fifteen. Agathias tells us, that the arms of the Franks were light. They might therefore be of age at
In fucceeding times the arms they

fifteen.

made

ufe

of were heavy, and they were already greatly ib in the time of Charlemain, as appears by our capi:

He
c.

was
i.

fcarc .-ly

five

years old, fays

Gregory of

when he fucceeded to his lurher in the fear $-$. Gontram declares him of age in the year 585, he was therefore
1.

5.

at that
f-

time no more than fifteen. Gontramnus data in Chi/a\~berti rnanu hafta

dtxit
1.

hoc

fjt in-

difium quod tihi omne regnum

||

meum

traJiJi.

Ibid

~. C. 3-,.

Gontram declared that his nephew Childebert, already king, was out of his minority, and befides he
his heir.

who was made him

tularies

412

THE
K
1

IT

Boo
p. 2

and romances. Thofe who * had fiefs, and were confequcntly obliged to do military H-rvice, were not then of age, till they were twenty one
tularies

years old

-j-.

CHAP.

XXVII.

The fame Subjeft continued.

of

WE
.

pear

have feen that the Germans did not ap in their afiemblies, before they were

they were a part of the family but not of This was the reafon that the children the republic. of Clodomir king of Orleans, and conqueror of

Burgundy, were not declared kings, becaufe they

bl

of too tender an age to be prefent at the afiemThey were not yet kings, but they had a

right to be kings as loon as they were able to bear

and in the mean time Clotildis their grand arms But their uncles Clomother governed tlv.- llate tarius and Childeberr aflafimated them, and divided This aclion was the caufe that in their kingdom. O
,
||.

the following ages, princes in their minority were declared kings immediately after the death of their hers. Thus duke Gondovald Uved Childebert II.

from the cruelty of Chilperic, and caufed him to be rlared king J when he was only five years old.
1

no change

in the

time

in

regard to the coir.rcon

;

pe<

f ,m ee
l>y

I)

It

native.*

to raife

-.0: of this was changrd age till twenty one .-* V. in the \ 4. of Tours. 1. ;. that fhe chofe two from ( appears Or Burgundy, which had been conquered by Clodomir, them to the ice of Tours, which alfo belonged to Clo
I

domir.
J afto,

Gregory of Tours,
q:n die

).

;.

c.

i.

*vix luflfo atatls

ca~;

unojataper-

Dominica

1\

atalu rcgnare

But

O F L A
But even
fpirit

S.

413

in this

chance they followed the original

;

BOOK

of the nation
the

name of

young

for the acts did not pafs in the So that the Franks had king.

\ vin

_^

a double adminiftration, the one

which concerned

the peribn of the infant king, and the other which regarded the kingdom , and in the fiefs there was a
difference between the guardian (hip and the civil ad miniftration.

CHAP.
Of
the fanguinary

XXVIII.

Temper

of the Kir.^s of tie Fr,

the only prince ail. inv

CL
of

OV

S was not

amongll

the Pranks

who had

Many

his relations
,

cular tribes

had entered this country with parti but as he had much greater fuccefs,

and could give confiderable eftablimments to thofe that followed him, the Franks ran to him from all the tribes, fo that the other chiefs tound themfelves
too weak to refift him. He formed a defign of ex g terminating his whole race, and he fucceeded ( ). He feared, fays Gregory of Tours hv left the
;

of

^
i

Franks mould chufe another chief. His children and fucceflbrs followed this practice to the utmoft
of their power. Thus the brother, the uncle, the nephew, and what is dill worfe, the father or the fon, were perpetually conipiring againft their whole fa
mily. The law continually divided the monarchy; while fear, ambition, and cruelty, wanted to re unite it.

2
h

)lt>id

CHAP.

4H
Of

T H E

CHAP.
BOOK
XVIII,

XXIX.

tbe national Affemblm cf tkt Franks.

has

been remarked above that nations who

d o not cultivate the land enjoy great liberty. This was the cafe of the Germans. Tacitus fays,
that they gave their kings, or chiefs, a very mode rate ilrru- of ower* i and Crtfar adds farther
}

-f-,

that in times of peace,

they had no

common ma
p
(
)

gi ft rates-, but their princes diftributed juftice in each

(f)

Lib. 2. village.

Thus,
tin;
I

as
.

<

irej

r"

Tours

iufficiently

proves,
44
"

iank

in

The

princes

dc-rmai.y had no king. deliberate on fays T.uitus j),

"

fmall matters-, while affair* of great imports are laid be lore the whole nation ; but in fuch a

"

manner, that thele very

the

alfairs,

which are under

41

cogni/ance ot the people, arc at the fame This cuilom was time laid before the princ
as

obferved by them after their conqucils,

leen

may

be

in all their records.

,

Tacitus fays

ried before the aflcmbly.

that capita] crimes might be car It was the fame arter the

conqueft,
that body.
f Ntc
*Vfrtctf,
-{-

when the

great vatTals were tried before

R(t>ihnj

lllera

fas.
-t.erttrf,

dftenin nequt an imadD<?

tit-^

vt ^irctre,

r.t

5.c.

morib. Germ.
s

In fiiit nuilns tjl cimrr.anis mcvifirc Debello Ciall. 6tque pfgorum interJuosjus dicj/nt.
||

rfgiowm
;

lib.

De
lit

a
.

prir.irpa corrjttkant t
;

-mncs
ejr,

it

a ta-

mtJi

ca

arbitnum

npvd princrpei pertrac-

tentur.

De
.

morib. Germ.

J Le.\ ?opuli ft cwjlittiiione Regis. CapituJariea of Charles the Bald, Anno 864. an. 6. Luet apud Concilium auujare Cf difcrimen capitis intenderc.

&

De

morib. Gerin.

CHAP.

OF LAWS.
C
Of
II

415

P.

XXX.
BOOK
*
J

the Authority of the Clergy under the fir Race. ft

power, becaufe they have both that authority which is due to them from their religious character, and that influence which

TH

priefts

of barbarous nations are com-

monly

inverted with

amongft fuch a people

arifes

from fuperftition.
were held
in

Thus

we

fee in Tacitus, that priefts

great ve

* neration by the Germans, and that they prefided in the aflfembly of the people. They alone were per-

mitttd

-|-

to chaflife, to bind, to fmite

which they

did, not

by order
,

of juftice

ot the prince, or as his minifters but as by an inlpiration ot that Deity

who was always who made war.

fuppofed to be prefcnt with thole

if

We ought

not to be aftonifhed

from the very

.

beginning of the rirft race, we fee bifhops the dilg penfers of ( ) juftice, if we fee them appear in the afTemblies of the nation, if they have fuch a prodigious influence on the minds of kings, and acquire fo large a fhare of property.
* Silentium ptr facerdotes^ quitus
if

cxmihtu^"

they

in the

& cotrcendi jus

year 56?.
ejl,

irr.pcraiur.

ar t-

De morib Germ.
Ctftfrum nzque anileyikus libern ant infinita poteftas. e neque vincire, tuque Berber are, nijifactrdotiotts eji pernon quaji in pcenam, nee DucisjvJJli Jed -i-clut Deo mijfum, De morib. Germ. quern aJeJfi bellatoribm credunt.
tnafi-iiertere,
-

f Nee

BOOK

416

T H E

BOOK
Of Laws

XIX.

in Relation to the Principles

which form the general Spirit, the Morals and Ci {ftcms of .a Nation.

C
Of
the
.

I!

P.
"

I.

ills

Book.

BOOK
X
j

"

MIS
J[
;o\vfl

c
li.I-.j(\
t

is

of a great extent.

In that

my

mint!,

of ideas which prefent themfelves to mall be more attentive to the order of

I

things,

than to the things themfelves.

fearch into and difcover the truth.

ihaJl be

obliged to wander to the right and to the

I

left,

that

may

CHAP.
That
it is s neceffary People

II.

for the

Minds fbould be prep. Reception of the bcft Laws.

could appear more Germans * than the
a

N
)

OTHING
able to the

infupporttribunal of

Aga-

thias,

Varus. That which Juftinian ( ) erected amongft tne Lazij to proceed againlt the murderers of their king, appeared to them as an affair the moil hor"d

b (
J)

Juflin

and barbarous.

3*-

againlt the

Romans

Mithridates () haranguing reproached them more particu:

per don

* The\ cut out the tongues of the advocates, and cried Tacitus. t hif*.

Vi

larry

OF LA W
larly for their
c

S.

417
The
Par-

formalities of jufti

thians could not bear with one of their kings, v having been educated at Rome, rendered himie * .bfe and Liberty irfelf eafy of accels to all.

has appeared infupportable to thofe nations who have not been accultomed to enjoy it. Thus a pure air is fome times difagreeable to thofe who have
lived in a fenny country.
Balbi, a Venetian,

being at

J
(

Pegu, was intro-

d
(

duced

to

formed

the king. that they had

fit

When

the

monarch was
v.

int
\

^,
ch

no king

at Venice,

he burft
1

into fuch a
a cough,

of laughter, that he

with
j

and had much ado

to fpcak to his courtiers.

<

What Jegi (la tor could propo It

to a .people like tl.U
:
|

in

H A
Of
c
i

P.

III.

r tr

-^ T T T^

T HERE
T1,

are t\vo forts or

ariies
is

tyranny, the one

:

\
:
i
.

which
;

government
things

the other

from the oppreffions feared in opinion, and

ot r~

fure to be felt

mocking
teils

whenever thofe who govern, eftablifh. to the turn of thought, and inthat
is

confiftent with the ideas of a nation.

Dio

us,

Auguftus
;

defirous of be
in.
-i,

ing called R-;

felf to

but

that the people feared,

having been that he

The
:

old

be crowned king, he ch ;e av Roma

1

ng

they could not fatTer any man to er. joy fuch er theie would not have a king, becaufe they
Prompti
. .
-

VOL.

I.

j]J

4 i8

T H E
cotl ld
$,

T
*"*

BOOK
XIX
Chap,

&

4.

no t bear his manners. For though Cosfar* the Triumvirs, and Auguftus, were really kings, they had preferved all the outward appearance of equality, while their private lives were a kind of contraft to the pomp and luxury of foreign monarchs-, fo that

when they were

refolved to have no king, this only figniBed that they would preferve their cuftoms, and not take up thofe of the African and eaftern nations.

The lame writer

informs us, that the

Romans were

exulperated againft Auguftus for making certain laws which were too fevere but as loon as he had re
-,

called Pylades the comedian, whom the jarring of different factions had driven out of the city, the dif-

content
lively

people of this ftamp have a more of tyranny when a player is banifhed, than when they are deprived of all their laws.
)(

a .ilrd. A
nlr

CHAP.
Of

IV.

the Central Spirit of

Mankind.
caufes,

EN
the

are

influenced

by various

by
the

climate,

the religion,

the laws,

maxims of government, by
cuftoms
In
,

precedents, morals and

a general fpirit

from whence is formed which takes its rife from thefe.

proportion,
as
in

every nation any one of

thefe caufes

ads with more force, the others in the fame degree become weak. Nature and the climate
rule almofb alone over the favages

cuftoms govern theChinefe; the laws tyrannize in Japan; morals had formerly all their influence at Sparta , maxims
-,

of government, and the ancient fimplicity of man ners, once prevailed at Rome.

CHAP.

OF LAWS. CHAP. V.
Ho iu far we foould
be attentive left the general Spirit of a Nation Jbould be cbar.gcd.
in

4T9

any part of the world there had been a na-

Boor

IFtion whole inhabitants were of a fociable temper, r) XIX

open hearted, plcafed with life, po/IdTed of jud ment, and a facility in communicating their thoughts-,

who were

fprightly, agreeable, gay, fome imes im prudent, often indifcreet; and befides had courage, generofity, franknefs, and a certain point of honor;
r

no one ought to endeavour to reftrain their manners by laws, unlefs he would lay a conftraint on their
virtues.
little

If in general the

character
it,

is

faults that

may

be found in

will be

good, the of m all

I

importance.

They might
luxury
:

lay a reftraint

upon women, make

their
th.it

laws to correct their manners, and to limit

but

who knows but

they might lofe that peculiar tafte of the riches of the nation, and that politenefs which would render the country frequent ed by ftrangers ?
the fource
It is

by this means, which would be

the bufinefs of the legifkture to follow the

of the nation, when ic is no: contrary to the principles of government; for we do nothing fo well as when we act with freedom, and follow the bent of our natural genius.
fpirit

If an air

of pedantry be given to

nation that

is

naturally gay, the ilate will gain no advanra^ from it, either at home or abroad. Leave it to do

frivolous things in the mod ferious manner, ard with gaiety things the moft ferious.

CHAP.

420

T
That

II

R
VI.

CHAP.
ROOK
J
el*
,
.

Thing ought not to be correfi,

j tleman

r them but leave us as we are, faid a genof a nation which had a very o-reat re
. . .

iemblance to that we have been defcribincr, and naO ture will repair whatever is amils. She has given us a vivacity capable of offending, and hurrying us
this fame vivacity is beyond refpedt corrected by the politenefs it procures us, infpiring a talle for the world, and above all, for the con:

the

bounds of

verfadon of women.
;

them

us

as

we

are

our indifcretions

joined to our

natur
ain

uld

make

the laws
at

which mould cunlh

r

our fociable temper, not

us.

C
Of
f
*

II

A
;

P.

VII.

tic

and

HE

Athenians, this gentleman adds, were

had fome relation to ours. They a ftroke of raillery mingled gaiety with bufinefs
a nation that
;

as agreeable

in the

fenate,

as

in

the theatre.

This vivacity, which difcovered itfelf in their coun cils, went along with them in the execution of their The characteriitic of the Spartans was refolves.
gravity, (erioufnefs, fevcricy, and filence.
It

would

have been
teazing, as

as difficult to
it

bring over an Athenian by would a Spartan by diverting him.

CHAP.

OF LAWS.
CHAP.
_

421

VIII.
.

a fidablt Temper

THE
caule each

more communicative more eafily they change

;:>.

a people are,

the be-

their

ts,

other

is in a le to the greater degree a ft j thj fingularities of individuals arc b. rtvr

_\

The
in
"clng

climate which makes one nation delight

communicative, makes it alfo delight in \d that which makes it delight in chang-.,

cy

of worn
-,

ils

the

manners,

the defire of giving greater plcalure and than others, eilablifhes the ornan
,

the

t.iite

th

of pleafing others
a

more than
is

ourfelvcs

eftablifhes famiuns.

The mode

a fubject of

im

portance

by giving

trifling turn

of mind,

it

con
.

tinually encreales the branches of its

commere
bees.

CHAP.
Of

IX.

the Vanity and Pride of

Natk
a

this, we need only reprefent on the one hand, the numberleis benefits which relult from va nity; from thence arifes luxury, induftry, arts,

vinced of

ITY

is

as

advantageous to
is

ment,

as pride

dangerous.

To

govern be con

fafhions,

politenefs, tafte

infinite evils

and on the other, which fpring from the pride of

:

the
c

tain nations,
lect,

lazinefs,

poverty,

univerfal

neg

the deftruclion of the nations which have ac

of their cidentally fallen into their hands, as well as

own.

422

THE
owrii

BOOK
vrv
Chap o

Lazinefs *

is

the efteft of pride; r

:

labour a

confequence of vanity the pride of a Spaniard leads him to refufe labour , the vanity of a Frenchman
to

know how

to

work

better than others.

All lazy nations are grave ; for thofe who do not labour, regard themfelves as the fovereigns of thofe

who
If

do.

we

fearch

that
lence
() Sec Dampier,

for the

amongft all nations, we mall find moft parr, gravity, pride, and indo

yc

in hand. f p e0 ple of Achim ( ) are proud and lazy ; n c thole who have no Haves hire one, ir it DC only to
|-j ie
,,
,

go hand
,

ii

ry a quart of rice a
if

hundred paces
it

they would

be difhonoured
In
all

they carried

themfelves.

they do not woik. \Yor.icn in the Indies ( ? ) believe

:

many may Ice

places people let their nails grow, that

it

fhameful

for

,em to learn to read

ntfs

this

is,

fay they,

the bufi-

of the

flaves,

who fmg

their fpiritual longs in

the temples of their pr.gcds.

:

In one tribe they do

fpin

in
;

and mats

another they make nothing but bafkets they are not even to pound rice; and in

others they mull not go to fetch water.

are cflabliihed by pride, and the them followed.
*

Thefe

rules

lame pailion makes

The

people
a

rf

Carr.ata<

who follow the Khan of Malacair.ber, thofe and Coromandcl, are proud and indole t they con;

funif Ir

of the M<cui. Mid the pci ^nd (.-:-](, tne com .*i,iencies
t/
f :!:e

\\hile the iubjcfts caufe they are mifcrably poor r of Indollan, (, employ thcmfelves Coh, or lifc like the huropcum.
;

Fjtt.

.t

ef an India Company. Vol.

i.

p. 54.

CHAP.

O F L A

S.

423

CHAP.
Of
characteristics

X.
and
Chinefe.

the Character of the Spaniards

of the

feveral nations are

BOOK
v v
i

A
bad

formed of virtues and

qualities.

vices,

ot

good and

QUP

happy mixture of thefe, great advantages refult, and frequently where it would be lead expected , there are others from whence great evils arife, evils which one would not
the

From

fulped.

The Spaniards have been

their honefty.
h

in

all

ages famous for

fidelity in
;

Juftin

mentions their

h
(

th keeping whatever was intruded to their care have frequently fuffered death rather than reveal
fecret.

;i

They have

dill the

fame

fidelity for

which

who

All the nations they were formerly didinguidied. trade to Cadiz, trud their fortunes to the Spa

niards, and

have never yet repented

it.

But

this

admirable quality joined to their indolence, forms a mixture from whence fuch effects refult as to

them

are the

mod

pernicious.

The
all

people ot
the

Eu

rope carry on in their very fight of their monarchy.

commerce

The
ards.

character of the Chinefe

is

formed of ano
in-

ther mixture, directly oppofite to that of the Spani

The

precarioufnefs ot their fubfiltence*,

a prodigious activity, and fuch an exceffive defire of gain, that no trading nation can
fpires

them with

confide in them ^).

This acknowledged

infidelity

has fecured them the pofieftion of the trade to Japan. No European merchant has ever dared to undertake
it

l.

a.

in their namje,
*

how

eafy foever
foil

it

might be for

By

the nature of the

F,

anJ climate.

them

424
B
K

T H E
them to do no^h.
it

T
in the

from

their

maritime provinces

Chap, ii,

&

12.

CHAP.
A

XL

Reflexion.

HAVE

faid

I
I

J(

fV-n
e

tli.it

infinite diftance,
-.

nothing here with a view to which there muft

N-twccn virtue and vir

God
I

forbid, that

llioiild

be guilty of fuch an attempt

readers

would only
political,

my
.ire

comprehend
and that

that
ail

all

not moral vices,

-,

moral,

are not

political vices

Ihotk th
ignorant of

and that thofe who make laws which ,t of a nation, ought not to
this.

C
Of
(
s

II

P.

XII.
in

and

a defpotic State.

is

a capital

maxim,

that the

manners and

cuf-

toms of
-,

a defpotic empire ought never to be for nothing would more fpeedily produce

lurion.

The

reafon
is,

is,

that in thefe Hates there

no laws, that
led fo,
il

none that can be properly there are only manners and cuftoms-, and
thefe,

you overturn

Laws

are eftabli flied,

you overturn manners are

all.

infpiredi thefe

proceed from a general fpirit, thofc, from a parti cular inftitution: now it is as dangerous, nay, more
to overturn
r

the general fpirit,

as to

change

ticular inftitution.
is

There
b,
fers

lefs

communication

in a

country where
in thofe

either as fuperior or inferior, exercifes or fufis

an arbitrary power, than there

where
liberty

OF LAWS.
liberty reigns in
fo ot.
.1

every Ration.

They do

not there-

BOOK

425
1*2,

change their manners and behaviour, chop. and eftabliihcd cuftoms have a near refem- & 13.

blance to laws. Thus it is here neceflary that a prince or a legiflator fliould lefs oppofe the manners d cuftoms of the people, than in any other country
:h.

omen
influence in

are
icx

commonly

confined, and have In other countries where

they live with men, their deiire of pleafing,

and

ddire
ice

have of giving them pleafure, a continual change of cuiloms. The two

alfo

men

ii

each othc
,

both

lofe their diftinftive

fixt

.ntial quality

what was naturally

be-

;uite unfettlcd,
v

and their cuftoms and beha-

ge every day.

CHAP.
Of

XIII.

the Behaviour of the Cbinefe.

China is the place where the cuftoms of the country can never be changed. Befides their women being abfolutely feparated from the

BU
men,

their cuftom;,, like their morals,

are taught in

the fchools.

man

of

l: (

letters

may

be

known

/k\

rj u

by his eafy addrefs. Thele things being once taught Halde. by precept, and inculcated by grave doctors, be

come

fixed, like the principles

of morality, and are

never changed. o

CHAP.

426

T H E
C
//

P
P.

T
Manners

H A

XIV.
the

hat are the natural

Means of changing

and
B
K

Ciijtoms cf a Nation.

X IX Chap 14-

\\ % /^
*

E
/

have

laid

that

the laws were the par-

ticular

and

lator,

and manners
thefe

precifc inftitutions of a legifand cuftoms the inftitutions

cf a nation in general.

From

hence

it

follows, that

when
it

manners and cuftoms

to be

are to be changed,
this would have would be better to
;

ought not

done by laws
:

too

much

the air of tyranny

it

change them by introducing other manners and

other cuftoms.

Thus when
tions
in
is

his

a prince would make great altera kingdom, he mould reform by laws

what what

is

eftablifhed by laws, and change by cuftoms eftablifhed by cuftoms ; for it is very bad

policy to change by laws, what ought to be changed by cuftoms.

The

their beards,

law which obliged the Mufcovites to cut off and to fhorten their cloaths, and the-

rigour wirh which Peter I. made them crop even to the knees, the long cloaks of thofe who entered into
the cities,
wt:<"

means

that

may

be

There are inftances of tyranny. made ufe of to prevent crimes,

:

thefe are punifhments there are thole lor changing our cuftoms, thefe are examples. The facility and eafe with which this nation has

been polifhed, plainly mews that this prince had a worfe opinion of his people than they deferved, and that they were not brutes though he was pleafed
to call

them

k>.

The

violent

meaiiires

which he

employed

OF LAWS.
employed were
his

needlefs

he would have attained

BOOK
XIX IX

427
14.

end

as well

by milder methods.

himfelf experienct-d the eafmefs of bringing The women were fhut up, about thefe alterations.

He

and

in

ibme

fort
filks

(laves

he called them to court

he fent them
like the

and

fluffs,

German

ladies.
life

and made them drefs This lex immediately refo

lifhed a

manner of
it

which
and

greatly Mattered

their tafte, their vanity,

their pillions,

and by

their

means

was

reliihed

by the men.

rendered the change the more eafy was, manners being at that time foreign to the climate and their having bcvn introduced amongft them by conqueft, and by a mixture of nations. Pe ter I. in giving the manners and cuftoms of Europe to an European nation, found a facility which he did The empire of the climate is not himfelf expect. the firft, the mod powerful of all empires. He had then no occafion for laws to change C5 it would the manners and cuftoms of his country
their
,

What

have been
ners

fufficient to

have introduced other

man

and other cuftoms.

in

Nations are
cuftoms them,
;

general very tenacious of their

them away by violence is to ren we mould not therefore change der them unhappy
to take
:

but engage the people to

is

make

the change

themielves.

All punifhment which

fity,
is
i

not derived from necef-

tyrannical.

power
within

things in
its

The law is their own nature

not a mere act of

indifferent are not

province.

H A

P.

428

T H E
The

R
XV.
/

CHAP.
Influence of
c
<

on the

B
YI
p

\.

T~ ^ ^ k an without
t

gi n S tne

manners of v/omen had,

thing
is

J|

doubt, a great influence on the g

&

vcrnmcnt
is

ot

Mufcovy.
:

One

very cloiely

united to another

naturally conn the liberty of women with the fpirit of monarchy.

the defpctic power of the prince \vith the fervitude of women,

C
feme
1

II

P.
vc

XVI.
confounded the Principles
id.

MA
becai.
cl!abli
!\

N
re

and cuftoms are thofe habits

vltabiifhcd

by the

either

not able, or were not willing to

;e

them.
ihis d;

between laws and man

ners,

that

tl.
ll.

the actions of the the actions of

:-n
t

moil adapted to regulate and manners to regu

.in.

There
m$,
;or

is

difference

manners and

that the

cipally relate to the the exterior.

conduct,

prin the others to

firft

Thefe
curgus ners, and

thinr
;

:n

fometimes confounded,
tor the

me code
cuftorr.s
-,

laws,
.

man
:ina

and

t:

".itors

have

d.

China
* ATofes
:

;nid

furprized, that the legiflators ihould confound the L

ligion.

OF LAWS.
manners,
ners

429
their

and cuftoms

the reaibn

is,

man
chap. 16.

reprefcnt

their laws,

and

their

cuftoms their

manners.

The

principal
in

China had ace and

filled

object which the legiflators of view, was to make the people live in
I

They would have people tranquillity. with a veneration for one another, that each fhould be every moment fenfible how greatly he was
indebted to others, and that there was not a fubwho did not in fome degree depend on another
fubject.

jecl

They

therefore

gave rules of the moft

.

extenfrve civility. Thus the inhabitants of the

obferve amonG-ft th ^J
as thofe

) villages of China, ( the Time ceremonies,

:

a very proper

obiVrved by perfons of an exalted ftation method of infpiring mild and gent

diipofitions, ot

maintaining peace and good order amongfb the people, and of banifhing all the vices from an afpcrity or temper. In effect, v.hichl; would not the freeing them from the rules of civi lity, be to ic-arch out a method for them to indulge
their faults

m
is

eafe
in

Civility
politenc:

this

refpect of

more value than

i

litenefs flatters

the vices of others,

and
in

civility prevents
It
is

ours from being brought

light.

placed themfelves to prevent the corruption of ea

barrier

which men

have

oth
r Lycurgus, whole inftitutions were fcvc e, h no regard to civility, in forming the external be he had a view to that warlike ipirit \\hich viour
:

A people who he would fain give to his people. were ever correcting, or ever corrected, always inftructing, or always inftructed, endued with equal
fimplicity

430

T H
i-.
^

R
by

BOOK

Chap.

fimplicity and rigor, atoned tne r want of complaifance.

their virtues, for

CHAP.
Of tbc peculiar
u
( )

XVII.

Quilt ty of the Cbinefe Government.

of China went farther
u
(

Seethe

r
m
-

Mil

legiflators

).

books from

They confounded J
.

together their religion,

all

laws, manners, and cultoms;

f.\-

thole were morals,

wimh

a ]|

K
f ""

relating to theic rour points were what they called rites ; and in the exact obfervance of thefe that the it was
t
]

|( .|

were virtue.

The

precepts

Chincfc government triumphed. They fpent their whole youth in learning them, their wholelife in their ce. icy wax- raught by their men of learn
ing, they were inculcated by the magiftrates; and as they included all the ordinary actions of life, when

they found

the

means of

making them

ftrictly

obfcrved, China was well governed. Two tilings have contributed to the cafe with

which thefe rites are engraved on the hearts and minds of the Chinefe the one, the difficulty of their writing, which during the greateft part of
,

Jives

wholly employs their mind

*,

becaufe

it

is

neccfiary to prepare them to read and underftand the bc-oks in which they are comprized i the other, that the ritual precepts having nothing in them, that is
iricii.il, but being merely rules of common practice, they are more adapted ro convince and ftrike the mind than things merely intellectual.

rites,

Thole princes who inftead of governing by thefe governed by the force of punifhments, wanted
Tr
i--

ti.r

b,

which has efiablilhed emulation, which has baniihed arm culu\ ^u-^1 a love cf learning.

to

OF LAWS.
off

431

K to aceomplifli that by punifhments, which it is not in their power to produce, that is, to give habits of Ch ^ p & itf. morality. Bypunifhments a fubject is very juftly cut

from fociety, who having loft the purity of his manners, violates the laws but if all the world were to lofe their moral habits would thefe re-eftablifh
;

them? Punifhments may be juftly

a ftop to
evil,

inflicted

to

put

many of
it

but

the confequences of the general will not remove the evil itfelf. Thus when

the principles of the Chinefe government were difcarded, and morality loft, the ftate fell into anar

chy, and revolutions were feen to take place.

CHAP.
A Conference drawn frcm
/

XVIII.
Chapter*

toms, manners, hws, and religion, being the fame and thing, they cannot change all thefe at once ;
as
it will happen, that either the conqueror or the conquered muft change, in China it has always For the manners of the been the conqueror.

F ROM

hence

it

follows that the laws of China

are not dcilroyed by conqucft.

Their cul-

conquering nations not being cuftoms its laws, nor its laws

its

cuftoms, nor
religion,
it

its

its

has

been more eafy for them to conform by degrees to the vanquifhed people, than the vanquifhed people
to

them.

hence a very unhappy ftill follows from confequence, which is, that it is almoft impoffible * in China. for Chriftianity ever to be eiUb.

There

.1

* See the reafons given by the Chinefe macnftrates in their decrees for proicribing the chriilian .ing Letters,
r<

\-tbC;lUSl.

The

43-

THE
i"

virginity, the aiTembling of women in Chan, is, churches, their necefiary communication wirh the & 19. minifters of religion, their participation in the iacra-

BOOK

ne

vows of

ments, auricular contefiiop., extreme undtion, the marriage of only one wife, all thefe overturn the manners and cuftoms of the country, and with the

fame blow

ftrike at their religion

and laws.

The

chriftian

religion

by the eftablifhment of
i

charity, by a public worfhip, by a pat ion of the fame iacraments, feems to demand, that all
;

fhould be united

while the

rites ot

China feem

to

ordain that

all

mould be

feparated.

C
IIciv
this

H A
of
/\V;V S

P.
7<?;;,

XIX.
Laws,
\i\is
71.
-s

Union
^

and

amongft the Chincfc

principal object of

prc.

government which
:

the Till-,

Chinefe IcgiQators had in vie-.-, the peace and tranquillity of the And fubempire ordination appeared to them as the moft proper

means

to maintain
it

it.

Filled with this idea,

they

duty to infpire a refpecl for fathers, and therefore aflembled all their power to effect it.
their

belLved

They
alter

eftablimed an

infinite

number of

rites

and

.emonies to do them honor when living, and

their death. It was impoffible for them to pay fuch honors to deceafcd parents, without being led to honor the The ceremonies at the living. death of a father were more nearly related to reli>n,

to the laws,

thofe for a living father had a greater relation manners, and cuftoms , however thefe
this

were only parts of the fame code, but

s

code
vene-

very extenfive.

OF LAWS.
A veneration for fathers was neceffarily connected
\vith a fuitable refpeft

433
B
K
19.

reprefented fa- chap. thers, fuch as old men, matters, magiftrates, and the

for all

who

This refpect for fathers, fuppofed a re emperor. turn of love towards children, and confequently
the fame return from old

men

to the

young, from

magiftrates to thofe who were under their jurifdiclion, and from the emperor to his fubje<5ls. This formed the rites, and thefe rites the general fpirit of the nation.

We

mail

now mew

the relation

which things

in

appearance the moft indifferent, may have to the fundamental conftitution of China. This empire is formed on the plan of the government of family.
.1

If

you diminim the paternal authority, or even if you retrench the ceremonies, which exprefs your fpect for it, you weaken the reverence due to ma giftrates, who are confidered as fathers-, nor would the magiftrates have the fame care of the people
i \>

whom
and
It

they ought to confider as their children-, and

that tender relation

his fubjects,

but one of thefe

is

which fubfifts between the prince would infenfibly be loft. Retrench habits, and you overturn the fbt
itfelf

a thing

in

very different whether the

daughter-in-law rifes every morning to pay fuch r.nd fuch duties to her mother-in-law but it we confider
:

that thefe exterior habits inceffantly revive an idea necefiary to be imprinted on all minds, an idea that

forms the governing

fee that
it is

fpirit

of the empire, we

fh-ill

necefTary that fuch, or fuch a particular

action be performed.

VOL.

I.

CHAP.

434

CHAP.
An
Explication of a

XX.
relating to tie Cbinefe.

Paradox

BOOK
<

is

very remarkable that the Chinefe, whofe

lives are

guided by

rites,

are neverthelefs the

This appears chiefly greateft cheats upon earth. in their trade, which in fpite of its natural tendency,
has never been able
to

make them

honeft.

He

who buys
o\vn
(

of them, ought to carry with him his weights, every merchant having three forts,

md ^ 1C onc h av y
1712,
in

f r buying, another light for felling, and another of the true itandard for thofe who are

upon
nort j

their

guard.

It is

polTible,

believe,

to ex-

lain this contradiction.

The

Icgillators

of China had two objects

in

viewj

they \\ere defirous that the people fhould be fubmiffive and peaceful, and that they fhould alfo be
laborious and induftrious.

By

the nature of the

foil
,

and climate, their fubfiftence is very precarious nor can it be any other way fecured, than by the affiftance of induftrv and labour. \Yhen every one obeys, and every one is em
ployed, the
necefTity,

Jt is ftate is in a happy fituation. and perhaps the nature of the climate, that has given to the Chinefe an inconceivable greedinefs for gain, and laws have never been made

to

bidden,
ry labour.

Hop to it. Every thing has been for eve when acquired by acts of violence thing permitted, when obtained by artifice or
put a
;

Let us not then compare the morals of China with thofe of Europe,. Every one in China
is

obliged

to

be attentive to

what

will

be for
his

OF LAWS.
his

advantage-,

if

the

cheat has

been

watchful

BOOK

435
^i

his own intereft, he who is the dupe ought Chan have thought of his. At Sparta they were & 22. permitted to fteal ; in China, they are fuffered to

over
to

deceive.

CHAP.
How
the

XXI.
to

Laws

ought

to

have a Relation

Manners

and Cujlcms.
only fingular inflitutions which thus con laws, manners, and cuftoms, things n but though they arc turally diftincl: and feparate things in themfelves different, there is ncverthcn
is
:

found IT

a great relation between them. Solon being afked if the laws he had given to the Athenians, were the beft, he replied, I have
"

"

A
"

given them the

fine expreflion,
all

befl,

they were able to

to

bear."

that

ought
!

derftood by
faid

legiflators
"

be perfectly unWhen Divine \Villlom

I have Jews, given you precepts which are not good," this fignified that they

to the

had only a

relative

goodnefs

which

is

the fponge
b-j

that wipes out all the difficulties that are to in the law of Mofes.

tom.

CHAP.
fame Subjeft

XXII.
continued.

natural.

WH

a people have pure and regular E manners, their laws become fimple and

Plato

b
(

fays

that

Rhadamanthus, who
{

governed

a people extremely religious, finifhed every F f 2 procds

436

THE SPIRIT
^
p roce fs w t h extraordinary difpatch, adminiftermg on ty ^ie oat ^ on ever y accufation. But fays the fame Plato ( q ), when a people are not religious, we Ihould never have recourie to an oath, except he
i

BOOK
Chap

&

24.

I2

who

fwears

is

entirely difinterefted, as

in

the cafe

of a judge and a witnefs.

CHAP.
ied

XXIII.
on
the

Manners of a

People.

A
t

the time when the manners of the Romans were pure, they had no particular law againft When this the emb :nent of the public money.

ppear,
to be

it

condr
.

to reftore

was thought fo infamous, r what they had ( )

:

taken, was

k-rcd as a fufficient difgrace

fee the fentence

for a

proof of

this,

of L. Scipio

( ).

CHAP.
.e

XXIV.

fame

Subjcft continued.

Till
of

laws which gave the right of tutelage to the mother, were moft atttentive to the

which prefervation of the infant s perfon ; thofe gave it to the next heir, were moft attentive to
the prefervation of die eltate. a people are corrupted, it is

When
much

the manners

better to give

Jaws

the tutelage to the mother. Amongll thofe whofe confide in the manners of the fubjects, the
is

guardianihip

given either to the next heir, or to

If

the mother, and fometimes to both.

OF LAWS.
If

4
(hall find that

we

reflect

on the

Roman laws, we

BOOK.

advanced.

the fpirit of thefe was conformable to what I have c] At the time when the laws of the twelv^

made, the manners of the Romans were The guardianship was given the neareft relation of the infant, from a confide ration that he ought to have the trouble of die tutelage,
tables were

mod

admirable.

t->

who might
inheritance.

enjoy the advantage of poflefling the They did not imagine the life of the

heir in danger,

though

it

was put into

11

periods

hands

who would
the

reap advantage by his death.

But
legif-

when
lators

manners of

Rome
r

were changed,

its

changed
is

their conduct.

fubftiturion,
teftator

fay

Caius

and Juilinian
fubftitute
will

If in the pupillary the ( ),

Llb
lay *
-

afraid,

that the

2-

any

fnares for the pupil, he

flitution op?n,

the teftamc

;t,

certain time.

and which cannot be opened till after a i^yfa* Thefe fears and precautions were in if

fub- 6 ze r s leave the vulgar put the pupillary into a part of compile-

may

unknown

to the primitive

Romans.
1.

)Inilitut.
:

CHAP.
Tbe fame Subject

///. lubjlit.

XXV.
continued.

.3-

ing prefents before marriage-, after the mar This was founded riage they Were not allowed. on the manners of the Romans, who were led
to

TH

E Roman

law gave the liberty of

mak

modefty

marriage, only by frugality, fimplicity, and but who might fuffer themielvcs to be ;

The form of the

is

vulgar fubftitution ran

;

tlin>

If

>ne

unwilling to take the inheritance, I iubihiutein his llead, If fuch a one dies before hr arrive the pupillary fubuitution

age of pubert}-,

I fubltitute,

c\;c.

f 3

fed need

HOOK
Chap. 25,
&.-

("educed

by domeftic

cares,

by complaifance and

2
)

>.

tne happincfs of a whole life. c law of the ( ) Vifigoths forbad the

man

giv-

Lib. 3.

ng

more

to

tne

woman

he was to marry than the

tenth

part

of his fubftance,

and

his

giving her

any thing during the firft year of their marriage. This alfo took its rile from the manners of the
country.

Hop to them to

The legiflators were willing to put a that Spaniih oftentation, which only led difplay an excefllve liberality in acts of

magnificence.

The Romans, by their laws, put a flop to fome of the inconveniencies which arofe from the moft
durable empire
..niards
fects

in the

world, that of virtue-,

the

of a

would prevent the bad ef tyranny, the moft frail and fleeting, that
by
theirs,

of beauty.

CHAP.
The fame
(

XXVI.

Subjett continued.

Leg.
<<;

8.

ocl
<i

And the
fthe

d law ( ) of Theodofius and Valentinian drew the caufes of repudiation from the e ancient manners ( ) and cuftoms of the Romans. It

HE

placed in the

number of

thefe caufes the behaviour

his

of a hufband *
:
-

who

beat

wife,

in

manner

that difgraced the character of a freeborn woman. f This caufe was omitted in the following laws ( )
:

!-.for their manners were in this refpect changed: eaftern cuftoms had banifhed thofe of Europe.
firft eunuch of the emprefs, wife to Juftinian threatened her, fays the hiftorian, to chaftife her in the fame manner as children are punifhed at

The
II,

Si futrberiius

qua

ingenuis

alicna funt,

affictatem fro&arverit.

fcbool.

O F L A
fchool.

S.

439
B
\
I

Nothing but

eftablifhed manners, or thofe

whix:h they were it-eking to eftabliih, even an idea of this kind.

could

raiie

chap

2-.

have feen how the laws follow the manners of a people let us now fee how the manners fol low the laws.
:

We

CHAP.
How
the

XXVII.
form
the

Laws

contribute to

Manners,

toms, and Character cf a Nation.

*"

HE
J[

part of their fervitude

cuftoms of an enflaved people are a thofe of a free peo ;

ple are a part of their liberty. I have fpoken in the eleventh

Book

( )

of a

free

(?)

Ch. 6.

people, and have given the principles of their conftitution let us now fee the effects which follow
:

the character it is capable of liberty, forming, and the cuftoms which naturally refult
this

from
from
I

it.

do not deny

that the climate

may have produced

great part of the laws, manners, and cuftoms of this nation ; but I maintain that its manners and

cuftoms have a clofe connection with

its

laws.

powers, the legislative and executive, and as every citizen has a will of his own, and may at pleafure aiftrt his
vifible

As

there are in this ftate

two

moft men have a greater fondnefs independence one of thefe powers than for the other, and the multitude have commonly neither equity nor fenfe
;

for

enough, to

mew

an equal affection to both.

power, by difpofing of all employments, may give great hopes, and no fears, every man who obtains any favour from it, is ready
the executive

As

to

440 Bo OK
Chap
27.

THE SPIRIT
to e fp Ou fe
c
i

ts

caufe

while

it is

liable to

be attack-

^ ^7 thofe \vho have nothing to hope from it. 11 the paiTions being nnrcltrained, hatred, envy, iealoufy, and an ambitious defire of riches and

honot

/car

in their full

extent: were

it

othera

wilo, the itate

would be

in the condition

of

man

.kencd by fickm fs, \ iio is becaufe he is \vithout Itrength.

without pafiions,

The

hatixJ wl.ich

ariics

between the two

it

par--

ml, becaufe
tent.

will

always be
if

Theie

parties being
ir.is

compofcd of

free-.ien,

the

on

too powerful for the other, as a conof liberty, this other is deprefTed ; while citizens take the weaker fide, with the fame
as the

hands lend their

afiiftance to

remove

the infirmities and diforders of the body. ery individual is independent, and being

com

monly

led

by
,

caprice

and

humour,

frequently
lett all

changes parties
.Js,

he abandons one where he

to unite himfelf to another in which he

:

finds all his enemies

fo thar in this nation

it

fre

quently happens that the people forget the laws of ell as thofe of hatred. iriendfiiip,

The
pri

fovereign
is

is

here

in
inft

the fame cafe with a the ordinary

maxims
:

of prudence,
to

frequently obliged to give his connee to thofe who have mod offended him and
ice the

men who have bed

neceliiry

Joes tlur
;oice.

him he which other princes do by

ferved
i

we

are afraid of

being deprived of the blefilng

we

already enjoy, and which may be difguiied and ) us ; and as fear always enlarges
objects
i

OF LAWS.
objecls-, the

441

people are uneafy under fuch a fituation, and believe themfelves in danger, even in thofe mo-

BOOK
,

ments when they

are

mod

fecure.

warmth oppofe avow the ielf-intereiled motives of their oppofition, fo much the more do they increafe the terrors of the people, who can
thofe

As

who

with the greateft

the executive power, dare not

But even
real

never be certain whether they are in danger or not. this contributes to make them avoid the

dangers

to

which they may

in

the end

be

expofed.

But the

legiflative

the people, and being

may calm

their

body having the confidence of more enlightened than they, uneafinds, and make them recover

from the bad imprcflions they have entertained. This is the great advantage which this govern ment has over the ancient democracies, in which the
people had an immediate power
;

for

when

they were

moved

anc!

.i

by the
;

orators,

thefe agitations

always produced their eft --L-. But when an im-refiion of terror has no certain
object,
it :es only clamours and abuie it has however, this good effect, that it puts all the fprings of government in mo;ion, and fixes the attention of
;

But if every citizen. the fundament:.! laws,

it
it

arifts
is

from a

violation of

fallen,

cruel,

and pro

duces the moil dreadful cauftrophes. Soon we fhould fee a frightful calm,

during which every one would uniu againft that po which had violated the laIf when the uneafmefs proceeds from no certain
1

object,

feme foreign power fhould threaten the

its

ilate,

or put
little

profperity or

interests

of

glory in danger, their party would then yield to the

its

more

442

T H E

BOOK more

ftrong and binding,

Coalition in Chap 27 perfe^

and there would be a favour of the executive power.

But if the difputes were occafioned by a violation of the fundamental laws, and a foreign power fhould appear , there would be a revolution that would
neither alter the conftitution nor the form of govern ment. For a revolution formed by liberty becomes

a confirmation of liberty. free nation may have a deliverer-, a nation enflavcd can have only another oppreflbr.

For whoever has

power

fufficient to

dethrone

an ablblute prince, has a power

fufficient to enable

him

to

become

abfolutc himfelf.
its

As

the enjoyment of liberty, and even

fup-

port and preservation, confifls in every man s being allowed to fpcak his thoughts and to lay open his
frntiments
;

a citizen in this ftate will fay or write

faid

whatever the laws do not exprefly forbid to be

or wrote.

A
more
fon,

people like
eafily

this being always in a ferment, are conducted by their pafTions than by rea-

which never produces any great

-,

effects in the

mind of men it is therefore eafy for thofe who go vern, to make them undertake enterprizes contrary
to their true intereft.

This nation
this liberty
is

is pafTionately fond of liberty, becaufe true and real ; and it is pofTible for it,

in its defence, to facrifice its wealth, its cafe, its in

tereft,

and to fupport the burthen of the moft heavy

taxes, even fuch as a defpotic prince durft not lay upon his fubjects.

But

as

the people have a certain

knowledge of

the neceflity of fubmitting to them, they pay from the well founded hope of their loon paying them no

longer

OF LAWS.
longer
;

their burthens are heavy,

i

feel their weight : while in c i i -i is infinitely greater than the evil.

but they do not other dates the uneafmefs

BOOK

443

Chap. 27.

This nation
felf.
its

mud

therefore have a fixed and cer

it

tain credit, becaufe

itfelf and pays itundertake things above natural ftrength, and employ againft its enemies

borrows of

It is pofiible for it to

immenle fums of fictitious riches which the credit and nature of its government may render real.

To
and
if
its

preferve

its

liberty,

it

borrows of
credit

its

fubjecls;
loft,

fubjects feeing that

it

its

would be

ever

was conquered, have a new motive to make

its

frefh efforts in defence of

liberty.

This nation inhabiting an

conquering, becaufe
ftant conquefts
:

ifland is not

fond of
diis

it

would be weakened by

efpecially as the foil of the ifland

good ; becaufe it has then no need of enriching itfelf by war and as no citizen is fubjecl: to another, each fets a greater value on his own liberty, than on the glory of one, or any number of citizens.
,

Military
a profefTion

men

are there regarded as belonging to

gerous
fore

which may be ufeful, but is often dan and as men whofe very fervices are burcivil qualifications are there

thenfome to the nation:

more efleemed than the military. This nation, which liberty and the laws render eafy, on being freed from pernicious prejudices, is become a trading people and as it has fome of
,

thofe primitive materials of trade, out of which are made fuch things as from theartift s hand receive a

confiderable value,

it

has

made

fettlements proper to

procure the enjoyment of

fulled extent.

this gift

of heaven in

its

As

444
B
,
7<

T H E
As
this

towards the north, and has many fuperfluous commodities-, it muft want alfo 2 great number of merchandizes which its clination
is

fituated

ir.ai.-j

will not pn.

.ir.J.

it

rns therefore entered into

the fouthern

..iircjTary

commerce with

nations
is

wil.

and making choice of thofe (late? whc O 10 tavo ir with an advantageous comC
1

merce,

it

cnteis into fu:h treaties with the nation

it

has chofen, as are reciprocally ufeful to both. In a (late, where on the one hand the opulence
is

extreme, and on the other the taxes are exceffive, they are hardly able to live on a fmall fortune with out induftry Many therefore under a pretence
:

of travelling or of health, retire from amongft them, and go in fearch of plenty, even to the coun
tries

of flavery.
trading nation has a prodigious number of it , may then injure or be
lit

A
tle

particular interefts

in

jured, an infinite

number

of different ways.

Thus
ar

it becomes immoderately jealous, and is ticled at the pru ferity of others, than

more
it

rejoices

at

its

own.
its

And
fo

otherwife mild and eafy,

may

be

with refpect to the trade and navigation carried on with it, that it may feem to trade only with enemies.
If this nation fends colonies abroad, ther be to extend
its
it

muft

ra

commerce than

its

dominion.

are fond of introducing into other places have eftablifhed amongft themfelves, they have given the people ot their colonies the iorm of

As men
v

wl

their

own government
,n the foreits
I

and
it,

ing prosperity along with

this government carry they have formed grear

they were lent to inhabit.

Having

L A

S.
_

445
n

Having formerly fubdued a neighbouring nation, B which by its fituation, the goodncfs of its ports, and the nature of its products, infpires it withjcav

^ v
*

louly

though

it

has given this nation

:

its

own

laws,

the fubjects yet it holds it in great dependance there are free, and the ftate itfelf in flavery. The conquered ftate has an excellent civil govern

ment, but it is oppreiTed by the law of nations ; laws are impofed by one nation on the other, and thefe are fuch as render its profperity precarious,

and dependent on the

will of a mafter.

ruling nation inhabiting a large ifland, and .1being in pofTeiTion of a great trade, luth
\

The

ordinary eale grown powerful fervation of its liberties

re<

at

as the pr
;

ic

ihould ha\

neither ftrong holds, nor lortreiles, nor land fc it has occafion for a formidable na\ preferve it from invafions ; a n.wy v, hich mull be luperior to
that of
all

other powers,

who employing

their trea-

fures in wars at land,

fca.

have not

fufficient for thofe at

The empire of the fea has always given thofe who have enjoyed it a natural pride becaufe think
,

ing themfelves capable of extending

infults

wherever they pleale, they imagine that their power is as boundlefs as the ocean.

This nation has a great influence

of
its

in the

affairs
\i
irs
\~

neighbours
its

in conquefts,

power is not err friendfhip is more courted, and

;

for as

its

refentment more dreaded,

than could naturally

its

expected from the inconftancy of and its domeftic commotions.

government,

Thus
almoft
abroad,

it

is

the fate of the executive

at

power

to be

always difturbed

home and

.fled
oi.

.J

T H E
Bo o
K

Should
center

Chap. 27.

on fome occafions become the f tne negotiations of Europe, probity and

this nation

good

faith

would be
;

carried to a greater height than

in other places

being fre quently obliged to juftify their conduct before a po pular council, their negotiations could not be fecret
,

becaufe the minifters

and they would be forced to be,

little

in

this re-

a fpecl,

more

honeft.

Befides,

able

for

as they would in fome fort be anfwerthe events \\hich an irregular conduct

might produce, the fureft, the fafeft way for them, would be to take the ftraighteft path. the nobles were tormerly poffcfied of an It immoderate power, and the monarch had found the means of abafmg them by raifmg the people the point of extreme fervitude muft have been that between humbling the nobility, and that in which
,

the people began to feel their power. Thus this nation have been formerly fubjecl: to an arbitrary power, oru many occafions preferves the
flile

of

it,

in fuch a

manner, as to

let

us frequently
the

upon the foundation of a free government, form of an abfolute monarchy.

fee

With regard to religion, as in this ftate every fubject has a free will, and muft confequently be either conducted by the light of his own mind or it neceflarily follows that by the caprices of fancy
-,

every one muft either look upon

indifference,

all

by which means they muft be

eftablifhed religion
,

religion with led to

embrace the
the

or that they muft

be zealous for religion

number of
be

fects

by which means muft be encreafed.

in general, in this

It is

not impofTible but that

nation there

may

men of no

religion,

who would

not

however

OF LAWS.
*

447
i

however bear to be obliged to change that which BOOK Y Y for they would chuie, if they cared to chufe any ch they would immediately perceive that their lives and
;

fortunes are not

more peculiarly theirs than their manner of thinking, and that whoever would deprive them of the one, might, even with better reafon,
take away the other.
If amongft the different religions, there
is

one that

has been attempted to be eftablifhed by methods of flavery, it muft there be odious , becaufe as we

judge of things by the appendages we join with them, it could never prefent itfelf to the mind in
conjunction with the idea of liberty. The laws againll thole who profefs this religion could not however be of the fanguinary kind for
,

liberty can never inflict thefe forts of

punifhmenrs

but they may be fo rigorous as to do that could be done in cold blood.

all

the mifchicf

It is pofiible that a thoufand circumftances might concur to give the clergy fo little credit, that other citizens may have more. Therefore inftead of a fc-

paration, they have chofe rather to fupport the fame burthens as the laity, and in this refpect, to make

only one body with them but as they always feek to conciliate the refpect of the people, they diftinguifh
:

themfelves by a more retired

referved,

life, a conduct more and a greater purity of manners.

The clergy not being able to protect religion, nor to be protected by it, only feek to perfuade their pens, therefore, furnifh us with excellent works
:

in

proof of a revelation, and of the Providence of

the

Supreme Being. Yet the ftate prevents

and does not
fuffer

blies,

the fitting of their afTemthem to correct their own

abufes

448
r.

T H E
{3

o o K
2-.

Chap

chufesthus, through a caprice of liberty, rather to leave their reformation imperfect, than to
U fes
.

fafter the clergy to be the reformers. Thofe dignities which make a fundamental part ot the confutation are more fixed than elfewhere ;

of

but, on the other hand, the great, in this country liberty, are nearer upon a level with the people i
their ranks

are more more confounded.

feparatcd, and their perfons

As

thole who govern have a power which, in mraiure, has need of trefh vigor every day, they

have a greater regard for thofe who are ufeful to them, than for thofe who only contribute to their
Amufeflient
terers
:

we

fee therefore

fewer countries,

flat

and

par.ifites,

in fhort

fewer of

all

thofe

who

.ke their

own advantage of

the folly of the great.

Men

are Ids efteemcd for frivolous talents and at

tainments, than for efiential qualities-, and of this kind there are but two, riches, and perfonal merit.

They enjoy a folid luxury, founded not on the refinements of vanity, but on that of real wants ;
they afk nothing of nature but what nature can be (low.

The

yet have

rich enjoy a great fuperfiuity of fortune, and no relifh for frivolous amufements thus
:

many having more

wealth than opportunities of ex:

in pence, employ it in a fantaftical manner nation they have more judgment than taile.

this

As

intereft,

own they are always employed about their they have not that poiitenefs which is
,

founded on indolence
fure to attain
it.

and they

really

have not

lei-

The a?ra of Roman poiitenefs is the fame as that An abfoof the eftablifhment of arbitrary power.
lutc

O F
lute

LA W

S.

449
*

B government produces indolence, and indolence

gives birth to politenefs.

Chap. 27.

people there are in a nation who require 2. circumfpec~l behaviour, and a care not to difpleafe, the more there is of politcnefs. But it is rather the

The more

politenefs of

morals than that of manners which

ought

to diftinguifh us

from barbarous nations.

In a country where every man has in fome fort a fhare in the adminiftration of the government, the

women ought

They fcarcely to live with the men. are therefore modcfl, that is, timid ; and this timidity whilft the men wuhout a conftitutes their virtue
:

tafte

gallantry plunge themfe vcs into a d bauchery which leaves them at leilure, and in the
for

enjoyment of their full liberty. Their laws not being made for one individual more
than another, each confiders himielf as a monarch; and indeed the men of this nation are rather confe
derates than fellow fubjects. As the climate has given
fpirit

many
in a

perfons a reftlefs
its

and extended views,

political interefts,

country where the

conftitution gives every

man

a fhare in

govern
their

ment and
turns

converfation generally
fee

upon

politics

and we

men fpend

of events, which, confidering the nature of things and the caprices of fortune, or rather of men, can fcarcely be thought fubject to the rules of calculation. In a free nation it is very often a matter of indif
lives in the calculation

ference whether individuals reafon well or

fufficient that

ill

-,

it is

they do reafon
is

that liberty

which

a fecurity

from hence fprings from the effects of

thefe rcafonings.

VOL.

I.

Gp;

But

453
K
J.

T
But
.

HE SPIRIT
,

^j

government it is equally pernicious whether they realbn well or ill their reafoning is alone fufficient to fliock the principle of their go
vernment.

in a defpotic

Many

people

who have no

defire

of pleafing,
;

abandon themfelves to their own particular humour molt of thofe who have wit and ingenuity are inge

nious in tormenting themfelves ; filled with a con tempt or difguft tor all things, they are unhappy nidfl all the blefiings that can poffibly contribute to
their happinefs.

As no
proud
-,

fub ]cc~l fears another,

for the pride of kings

the whole nation

is

is

founded only on

their independence. Free nations are haughty

n.

others

may more

pro-

\\

it as theie men who arc naturally fo proud, live uch by themfelves, they are commonly bafhful hen chcy come among Grangers and we frequently .icm behave for a confiderable time with an odd
,

mixture of pride and

The

ill placed fhame. character of the nation is more particularly

I

in their literary

performances,

in

which

the

men of thought and deep

meditation.

ly gives us a fenfe of the ridicules of man kind, retirement renders us more fit to reflect en the
folly

of vice.
ar.d

Their

fatyrical writings are

fharpand

fcvere,

amongft them many Juvenals, ;hcut discovering one Horace.

find

we

.vtremely abfolute hiftorians betray the truth, becaufe they are not at liberty to fpeak it ; in fta: ^.arkably free, they betray the truth betheir liberty itfelf,
d.
.s,

which always produces every one becoming as great a Have to the

prejudices

CONTENTS.
Chap.
Chap.

XV.
XVI.

New
Of

Methods cf
Conquers

/>;r

T ^

Con2<

queft,

made

by

defpotic

Prince,

210
continued,

Chap. XVII. The fame Subjeft

211

Book XI.

Of

the

Laws

that

form

political

Liberty, with regard to the Conftitution.

Chap. Chap.
Chap.

I.

A general
In

IDEA.

212
ibid.

II.

Different Significations given to the front

Liberty.
III.

what Liberty
.

confifts,

213
14

Chap. IV. The fame Chap. V. Of the E

ments,

con:.

of different Goi\
ibid.

Chap. VI. Of the Conftitution of England, Chap. VII. Of the Monarchies we are acq:
with,

215
i

Chap. VIII.
of

U7by

the Ancients

bad

not a

char

Monarchy,
Ariftotlfs

ibid.

Chap. IX.

manner of //;;;*,
^
/

Chap. X. What other Politicians thought Chap. XI. Of the Kings of the
Greece ,

TiiKcs

of

ibid.

Chap. XII. Of the Government of the Kings of Rome, and in irlat manner the three Pon-crs -icere
there diftributed,

236
Reflections on the State of Rcir.e

Chap. XIII. General

~ after the Expulfwn of its Kings, Chap. XIV. In -ivhat manner the Dijlribution of three Powers began to change after the (Lxfulfion of -40
s>

Chap.

CONTENTS.
Chap. XV.
In what wanner Rome, ivbile in
cf tbe Republic t
tbe hgifixtii-c
loft

fiourijhing blAte

its

Liberty,

242

Chap. XVI. Of
Republic,

Paver

in tie

Roman

Chap. XVII. Of
Republic,

t>

Pcti-cr

in tbe

246
tbe judiciary

Chap. XVIII. Of
C hap,
*

Power
/

in tbe

Roman
248

XIX. Of j

I be

C
tr.

cf tbe J

Reman Pro256
259

i-wces,

C
EC
II.

of

Of

the

Laws

that

form

political

Liberty as relative to the Subject.

Chap.
Ch.;;>.

I.

II.

Idea of this Boo::, Of tbe Liberty of :bc SidjeX,

260
261

Chap.

III.

7
n ct

jeft continued,
is

262

IV.
.dPr>:

Tkct Li berry
cf

favoured by tbe Nature

-;j,

F
and
1

ibid.

Chap.

\ Of
.

Acc-jfations
:ce,

thai

nwrc farti266

268 Of tbe Crime agair.ji Nature, 270 Chap. VI I. Of tbe Crime of High Trtafon, .:!ion of tbe Name of Chap. VIII. Of ibs bed
C. isp. VI.
,

6V

id

H gh Trcaf-.n,
:

ibid.

B continued^ Chap. IX. Ikefs.Kc be fame Stibjeft continued, Chap. X. Chap. XI. Of ?io:git:
f

273

274
ibid.

Ch.

!!.

O:

fit
Sj>ee(L\

s,

xiii.

of;
of

.jj,
M:d:f>y

276
ir,

V. L

>

fang Crimes,

278

Chap.

CONTENTS.
Chap. XV. Of the
to cccufc tbcir

Infrancbifement of Slaves in
in
rcfpett to

a
278

Mzfter,

Chap. XVI. Of Calumny

high T;

tie Crim? of

Chap. XVII.

Of

the revealing cf Cwfpiracies,

is

279 280

Chap. XVIII.
to

be

tco

HTJJ dangermis it fever e in punijbing the

in

Republics

Crime of High

Chap.

In i*:bat manner the Ufe of Liberty is 282 fufpended in a Republic, Chap. XX. Of La ivs favourable to tbe Liberty cf tbe
Subjeft in a Republic, Chap. XXI. Of tbe Cruelty
1

T revfon, XIX.

281

cf

in refpctt

to

Debtors in a Republic,

284
2

Chap. XXII.
:es.

Of

Things that Jlrike at Liberty in

Spies in

Chap. XXIII. Of
Chap. Chap.
d>;

Monarches,
-j,

XXIV. Of si.

2SS

XXV. Of

tbeir,.

289

Chap.
to be

XXVI. That
XXVII.
Of

in

of eafy Accefs,
tbe

ibid.

Chap.

Minntn

cf tbe

r,
290

Chap. XXVIII.
Cbap.
G

Of tbe Regard wbicb ML

i

to tbeir Subjects.

XXIX. Of

tbe civil

Laws proper for

m:.-.

little

Liberty in a defpoiic Cozen.

292
2-.

Chap.

XXX.

am The f

c 2

Book.

CONTENTS.
Book XIII. Of
the Relation

which the levying

of Taxes, and the Greatnefs of the public Revenues have to Liberty.

Chap. Chap.
tn
I.

Of

tie State

R
is

295
to
its

II.

That
ft

bad reafcning of tie Taxes is good in

it

fay
o"jcn

tbat

Na296
the

Chap.

III.

Of
I

2
:

in Co-

:bere

Part of

People are

cr

Bondmen,
in
-i
t>.

297
Cafe,
ibid.

Chip. IV. Of a Chap. \. Of

Chap, VI.
C
no.
[,

R
I

the like C.
:nent

298
in

the

like

ibid.

Of
/

illainage

is

299
:on
is

Chap. VIII.

pre-

302

Chap. IX. Oft

C
t

KrWo/Impoft,

303
ibid,

the Greatnefs of Taxes depends en the

Chap. XI. Of j
Cb.,ip.

:s 9

301
Taxes

XII.
,

lie Greatnefs of

Cliap. XIII.

/..

Gci
Taxes

capable

of

Chap.
tc
tl

MV
-ft
!.

307
is
/

ibid.

Chaj

of
t
:

j
:jt

308
cf
t-

Of

:ans,

310

Chap.

CONTENTS.
Chap. XVII. Of the Augmentation cf Troops 310 Chap. XVIII. Of an exemption from tfaxeSy 311 Chap. XIX. ///:.-; h is moft fait able to the Prince and to the People, the letting out to farm* or the Ad,

mimflration of the Revenues,

Chap.

XX. Of

the Farmers of the

:es 9

314

Book XIV. Of Laws

as relative to

the Nature

of the Climate.
Chap. Chap.
.

I.

Genera!

316
l>

II.
,

Of

the

:ce

cf Kltn in dffirc
ibid.

Chap.

III.

Con!:

-j

of
3 i
\

foutbern Natii

Chap. IV.

Canft of
r,

tie

Immut.

cf

A
3
1

M.

O/ .ms,

and L

\
:

Chap. V. That thofe are bad Leg the I i is of the Clr.natc, ah.
tppoft
i

-S,

3^3
Cult.
:

Chap. VI. Of
C.r,:-:.itcs,

the

of Lands
3
:

Chap. VII. Of Monachifm, r Chap. A III. Au txcellt Chap. IX. Mcsns

<

ibiJ.
,

3:

Chap. X.
Peof Chap. XI.
the Clim

Of

the

L
J
.

Of
.

the Lc.

.te,

Chap. XII. Of the LC-S Chap. XIII. Ej;

agt

Chap, XIV. O:ler Efftfs of

c
3

the

Cnmj

e,

333

Chj

CONTENTS.
Chap.

XV. Of
in

the

different

Confidence

ivbich

tie

the People, according rence of Climates i

Laws have

to the Diffe

334
ci

Book XV.
vil

In

what manner the Laws of

Slavery are relative to the

Nature of the

Climate.

Chap.
Ch.ip.
Rc,:

I. II.
i

Of civil
<

oj
("i-i-iliiiHs,

Slavery, tie Right of Slavery

336

among

the

.)i

3 -7

Chap.
.

11 J.

AnLilu- Oiigin of the Right of Slavery,

339
IV.

Anglic

i-

0,1^1,1

cj

lie Right of Slavery,

Chap. V. Of tie
ip.Vl:Tbetri

S/-.

if t be Negroes,

341

fit
/n

R r^it

of Slavery,

342

Chap. VII.

of tic Right of Slavery,

343
Chap. VIII.
CiKip.
Iimiility of Slavery

among

us,

ibid.

Chap. IX. X.

nds of Slavery,
I\t;i/aliti;s
to ntcejjcvy in refpcft

345
Slavery,

346

Chap.
Chii]?.

X I.

v,

ibid.

XII. Dangtr from tie Multitude of Slaves,

347
Chap. XIII. Of armed
-;
.

48 Chap. XIV, Subjeft continued, 349 Precautions to be ufcd in moderate GoChap. X\

Staves,
I

crwnents,

350
Regulations between Majlers and Slaves,

Chap.

X\

I.

35 2

Chap. XVII. Of Inframbifements, Chap. XVIII. Of Freedmen and Eunuchs ^

356

Book

CONTENTS.
Book XVI.
Climate.

How

the

Laws of domeftic

Sla

very have a Relation to the Nature of the

Chap. Chap.
is

I.

Of

domeftic Servitude,
in

358

the Countries of the South there a natural Inequality between the t-wo Sexes, ibid.
II.

That

Chap.

III.

That a Plurality of Wives depends greatly

on tbe

Means of fupporting them,

360
is

Chap. IV. That the

Law

of Polygamy

an Affair
ibid.

that depends on Calculation,

Chap. V. Tbe Reafon of a Law of Malabar^ 362 ibid. elf, Chap. VI. Of Polygamy conf:dcred in itf Chap. VII. Of an Equality of Treatment in Cafe of many Wives, 363 Chap. VIII. Of the Separation of Women from Men,

364
Chap. IX.
political

Of

the Ccnnexion^bf.
the

domeftic

and.

Government,

365
Morals of the

Chap. X. The Principle on which

Eaft are founded,

366
S..

Chap. XI. Of
gamy, Chap. XII.

domeftic

independently of Poly

Of natural Mode
dcmeftic

Chap. XIII. Ofjealcitfy, Chap. XIV. Of the Eajlern Manner of

:/,

368 369 370 Goibid.

371 Chap. XVI. Of Repudiation and Divorce amcnjft the Remans, 373

Chap.

XV. Of Divorce

and

*?ion,

Book

CONTENTS.
Book XVII.
Climate.
I.

How

the

Laws of

political Servi

tude have a Relation to the Nature of the

Chap. Chap.

Of

Political Servih-.
I
5

377
/;/

II.

The Difference

point of
ibid.

Courage^

Chap. 111. Of tb; Conj-. Chap. IV V. That ip.

tercd,

.ite

of

Peci
I\

rtb cf

f the

of

Europe bai e
(

the Effefis of tbe

C
of tbe
t
:

not tbe

Chap. VI. A nc: 7/j, and tic Liberty / Chap. VII. Of Africa end
:

cf

v,
t

385

Book XVIII.

Of^aws

in

the Relation they

bear to the Nature of the Soil.

//;.;
ySj
3
.

Chap.
en
tl

I.

tbe

^
d^

Influence

Chap. II. Tbe fd Chap. III. What C Chap. I\

T
.

387
and E.

cf

//

f Countries,

Chap. V. Of tbe Chap. VI. Of C

//.-

cf
.

Ij.

ibid.

by

tbe

of

AJ
Chap. VII. Of /, Chap. VIII. Tbe general

390

&

391
I

.;,

392

Chap.

CONTENTS.
Of the Soil of America, 392 Chap. X. Of the Number of Men with regard to the manner in which they procure Subftftence, 393 Chap. XI. Of favage Nations, and Nations of Bar
barians,
ibid;

Chap. IX.

Chap. XII. Of the

Law
civil

of Nations amongft People

who

do not cultivate the Earth,

Chap. XIII. Of the

Laws of

thofe

Nations

394 wht
ibid.

do not cultivate the Earth,

Chap. XIV. Of Chap.

ney,

the political State of the People

who
395

do not cultivate the Lands,

XV.

Of

People
civil

who know

the Ufe of

Mo

Chap. XVI. Of

Laws

amongft People

396 who know

not the Ufe of Money, ibid. Chap. XVII. Of political Laws amongft Nations who have not the Ufe of Money, 397
Clv.tp.

XVIII. Of

the

Power of

Supcrjlition,

398
the
ibid.

Chap. XIX.

Of

the Liberty

of the Arabs, and

Servitude of the Tartars, OF Chap. XX. Of the

LAW

NATIONS

as praftifed

by the Tartars,

400

Chap. XXI. The CIVIL

Chap. XXII.
tions,

LAW of the Tartars, 401 Of a CIVIL LAW of the German Na

ibid.

Chap. XXIII. Of Chap.

the

Ornaments of Royalty, Marriages

of the

408
the.

XXIV. Of

the

Kings of

Franks,

49
CHILDERIC,
the
ibid.

Chap. Chap.

XXV.

XXVI. Of

Time when the Kings of the

S:tbj eel continued,

Franks became of Age,

Chap. XXVII. The fame

2

410 412

Chap.

CONTENTS.
Chap. XXVIII.

Of

the fanguinary Temper of tie

Kings of the Franks,

41
national
Affemblit*

Chap. Chap.

XXIX. Of

the

cf

tbe

Franks,

414
tbe Authority

XXX. Of

cf tic Clergy under

tbc firjl Race ,

415

Book XIX.
ciples

Of Laws

in Relation to the Prin

Spirit,

which form the general Morals and Cuftoms of a Nation.

I.

the

Chap. Chap.

Of

tbe Suljcf? of this Book,

it

416
-:ds

II.

That

is

;;

Jhould
ibid.

be prepared for tbe Reception of tbe

bc_

:s,

Chap.

III.
I

Chap

Of Tyranny Of tie general

i

it

of 3 A
be

r ;;

:/:,/,

417 4 8
1

Chap. V.

Hc"jj

attentive

left

tbe

general Spirit

cf a

Nation

fr.ould

be

changed,

419
Chap. VI. Tbat every Tbing ought
refledj

net to be

cor-

420

Chap. VII.

Of

tbe

Athenians and Lacedemonians,

ibid.

421 Chap. VIII. EffcZs cf a fcciable Temper, y and Pride of Nations, Chap. IX. Of
:

ibid.

Chap. X.
Chine fe,

Of

tbe

Ch

<w

afters

of the Spaniards and

Chap. XI. A RefeSion, Chap. XII. Of Cujioms and Manners

State,

423 424
in

dcfpotic

ibid.

Chap. XIII.

Of

tbe

mr

cf

the

CLinefe,

425
Chap.

CONTENTS.
Chap. XIV. What
ing the

are the natural

Means of chang

Manners and Cuftoms of a Nation, 426 Chap. XV. The Influence of domeftic Government on
t be

political^

428

Chap. XVI. Chap. XVI!

fame Legijlators lave confounded the Principles which ibid. govern Mankind,

How

Of

the peculiar

Qudity cf

tie Chine fe

Government,

Chap. XVIII.

430
Conference drawn from the pre

ceding Chapter,
,

431

Chap. XIX. How this Union, of Religion Laws, Manners and Cuftoms, amongft the Chmcfc was
produced,

432
Explication of a

Chap.
to

XX. An

Paradox

relating

the Ci

434

Chap. XXI.
tion to

How

the Laics ought to have a Rela

Manr.trs and Cuftoms,

435

ibid. Chap. XXII. The fame Subjtft continued, Chap. XXIII. Iloiv tbe Laws are founded en the

Chap.

Mann rs of a People, XXIV. The fame

436
Subjeft continued, Subjefi continued,
ibkl.

Chap.
Chap.

XXV.

The fame

XXVI. The fame

Chap. XXVII. llow the Manners, Cuftoms, and Character of a Nation,

Subject continued, the Laws contribute to

437 438 form

439

THE

O F L A
prejudices of
flare.

S.

his faction, as

he could be in a defpotic

BOOK

451

Their poets have more frequently an original rudenefs of invention, than that particular kind of we there find delicacy which fprings from tafte
,

Lhap. 2-

fomething which approaches nearer to the bold ftrength of a Michael Angelo, than to the fofter graces of a Raphael.

End

of tbe

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