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Naturae Deus humanae; mortalis in unum。。。
。。。Quodque caput; vultu mutabilis; albus et ater》。
But I am persuaded; that in many cases good reasons might be
given; why such a nation is more polite and learned at a
particular time; than any of its neighbours。 At least; this is so
curious a subject; that it were a pity to abandon it entirely;
before we have found whether it be susceptible of reasoning; and
can be reduced to any general principles。
My first observation on this head is; 。
In the first ages of the world; when men are as yet
barbarous and ignorant; they seek no farther security against
mutual violence and injustice; than the choice of some rulers;
few or many; in whom they place an implicit confidence; without
providing any security; by laws or political institutions;
against the violence and injustice of these rulers。 If the
authority be centered in a single person; and if the people;
either by conquest; or by the ordinary course of propagation;
encrease to a great multitude; the monarch; finding it
impossible; in his own person; to execute every office of
sovereignty; in every place; must delegate his authority to
inferior magistrates; who preserve peace and order in their
respective districts。 As experience and education have not yet
refined the judgments of men to any considerable degree; the
prince; who is himself unrestrained; never dreams of restraining
his ministers; but delegates his full authority to every one;
whom he sets over any portion of the people。 All general laws are
attended with inconveniencies; when applied to particular cases;
and it requires great penetration and experience; both to
perceive that these inconveniencies are fewer than what result
from full discretionary powers in every magistrate; and also to
discern what general laws are; upon the whole; attended with
fewest inconveniencies。 This is a matter of so great difficulty;
that men may have made some advances; even in the sublime arts of
poetry and eloquence; where a rapidity of genius and imagination
assist their progress; before they have arrived at any great
refinement in their municipal laws; where frequent trials and
diligent observation can alone direct their improvements。 It is
not; therefore; to be supposed; that a barbarous monarch;
unrestrained and uninstructed; will ever become a legislator; or
think of restraining his ; in every province; or even
his in every village。 We are told; that the late Czar;
though actuated with a noble genius; and smit with the love and
admiration of European arts; yet professed an esteem for the
Turkish policy in this particular; and approved of such summary
decisions of causes; as are practised in that barbarous monarchy;
where the judges are not restrained by any methods; forms; or
laws。 He did not perceive; how contrary such a practice would
have been to all his other endeavours for refining his people。
Arbitrary power; in all cases; is somewhat oppressive and
debasing; but it is altogether ruinous and intolerable; when
contracted into a small compass; and becomes still worse; when
the person; who possesses it; knows that the time of his
authority is limited and uncertain。 'Habet subjectos tanquam
suos; viles; ut alienos。''3' He governs the subjects with full
authority; as if they were his own; and with negligence or
tyranny; as belonging to another。 A people; governed after such a
manner; are slaves in the full and proper sense of the word; and
it is impossible they can ever aspire to any refinements or taste
of reason。 They dare not so much as pretend to enjoy the
necessaries of life in plenty or security。
To expect; therefore; that the arts and sciences should take
their first rise in a monarchy; is to expect a contradiction。
Before these refinements have taken place; the monarch is
ignorant and uninstructed; and not having knowledge sufficient to
make him sensible of the necessity of balancing his government
upon general laws; he delegates his full power to all inferior
magistrates。 This barbarous policy debases the people; and for
ever prevents all improvements。 Were it possible; that; before
science were known in the world; a monarch could possess so much
wisdom as to become a legislator; and govern his people by law;
not by the arbitrary will of their fellow…subjects; it might be
possible for that species of government to be the first nursery
of arts and sciences。 But that supposition seems scarcely to be
consistent or rational。
It may happen; that a republic; in its infant state; may be
supported by as few laws as a barbarous monarchy; and may entrust
as unlimited an authority to its magistrates or judges。 But;
besides that the frequent elections by the people; are a
considerable check upon authority; it is impossible; but; in
time; the necessity of restraining the magistrates; in order to
preserve liberty; must at last appear; and give rise to general
laws and statutes。 The Roman Consuls; for some time; decided all
causes; without being confined by any positive statutes; till the
people; bearing this yoke with impatience; created the
; who promulgated the ; a body of laws;
which; though; perhaps; they were not equal in bulk to one
English act of parliament; were almost the only written rules;
which regulated property and punishment; for some ages; in that
famous republic。 They were; however; sufficient; together with
the forms of a free government; to secure the lives and
properties of the citizens; to exempt one man from the dominion
of another; and to protect every one against the violence or
tyranny of his fellow…citizens。 In such a situation the sciences
may raise their heads and flourish: But never can have being
amidst such a scene of oppression and slavery; as always results
from barbarous monarchies; where the people alone are restrained
by the authority of the magistrates; and the magistrates are not
restrained by any law or statute。 An unlimited despotism of this
nature; while it exists; effectually puts a stop to all
improvements; and keeps men from attaining that knowledge; which
is requisite to instruct them in the advantages; arising from a
better police; and more moderate authority。
Here then are the advantages of free states。 Though a
republic should be barbarous; it necessarily; by an infallible
operation; gives rise to Law; even before mankind have made any
considerable advances in the other sciences。 From law arises
security: From security curiosity: And from curiosity knowledge。
The latter steps of this progress may be more accidental; but the
former are altogether necessary。 A republic without laws can
never have any duration。 On the contrary; in a monarchical
government; law arises not necessarily from the forms of
government。 Monarchy; when absolute; contains even something
repugnant to law。 Great wisdom and reflect