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the spirit of laws-第147章

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Particular families may increase; it is necessary then that their wealth should also increase。 The clergy is a family which ought not to increase; their wealth ought then to be limited。

We have retained the regulations of the Levitical laws as to the possessions of the clergy; except those relating to the bounds of these possessions; indeed; among us we must ever be ignorant of the limit beyond which any religious community can no longer be permitted to acquire。

These endless acquisitions appear to the people so unreasonable that he who should speak in their defence would be regarded as an idiot。

The civil laws find sometimes many difficulties in altering established abuses; because they are connected with things worthy of respect; in this case an indirect proceeding would be a greater proof of the wisdom of the legislator than another which struck directly at the thing itself。 Instead of prohibiting the acquisitions of the clergy; we should seek to give them a distaste for them; to leave them the right and to take away the deed。

In some countries of Europe; a respect for the privileges of the nobility has established in their favour a right of indemnity over immovable goods acquired in mortmain。 The interest of the prince has in the same case made him exact a right of amortisation。 In Castile; where no such right prevails; the clergy have seized upon everything。 In Aragon; where there is some right of amortisation; they have obtained less; in France; where this right and that of indemnity are established; they have acquired less still; and it may be said that the prosperity of this kingdom is in a great measure owing to the exercise of these two rights。 If possible; then; increase these rights; and put a stop to the mortmain。

Render the ancient and necessary patrimony of the clergy sacred and inviolable; let it be fixed and eternal like that body itself; but let new inheritances be out of their power。

Permit them to break the rule when the rule has become an abuse; suffer the abuse when it enters into the rule。

They still remember in Rome a certain memorial sent thither on some disputes with the clergy; in which was this maxim: 〃The clergy ought to contribute to the expenses of the state; let the Old Testament say what it will。〃 They concluded from this passage that the author of this memorial was better versed in the language of the tax…gatherers than in that of religion。

6。 Of Monasteries。 The least degree of common sense will let us see that bodies designed for a perpetual continuance should not be allowed to sell their funds for life; nor to borrow for life; unless we want them to be heirs to all those who have no relatives and to those who do not choose to have any。 These men play against the people; but they hold the bank themselves。

7。 Of the Luxury of Superstition。 〃Those are guilty of impiety towards the gods;〃 says Plato;'15' 〃who deny their existence; or who; while they believe it; maintain that they do not interfere with what is done below; or; in fine; who think that they can easily appease them by sacrifices: three opinions equally pernicious。〃 Plato has here said all that the clearest light of nature has ever been able to say in point of religion。 The magnificence of external worship has a principal connection with the institution of the state。 In good republics; they have curbed not only the luxury of vanity; but even that of superstition。 They have introduced frugal laws into religion。 Of this number are many of the laws of Solon; many of those of Plato on funerals; adopted by Cicero; and; in fine; some of the laws of Numa on sacrifices。'16'

Birds; says Cicero;'17' and paintings begun and finished in a day are gifts the most divine。 We offer common things; says a Spartan; that we may always have it in our power to honour the gods。

The desire of man to pay his worship to the deity is very different from the magnificence of this worship。 Let us not offer our treasures to him if we are not proud of showing that we esteem what he would have us despise。

〃What must the gods think of the gifts of the impious;〃 said the admirable Plato; 〃when a good man would blush to receive presents from a villain?〃

Religion ought not; under the pretence of gifts; to draw from the people what the necessity of the state has left them; but as Plato says;'18' 〃The chaste and the pious ought to offer gifts which resemble themselves。〃

Nor is it proper for religion to encourage expensive funerals。 What is there more natural than to take away the difference of fortune in a circumstance and in the very moment which equals all fortunes?

8。 Of the Pontificate。 When religion has many ministers it is natural for them to have a chief and for a sovereign pontiff to be established。 In monarchies; where the several orders of the state cannot be kept too distinct; and where all powers ought not to be lodged in the same person; it is proper that the pontificate be distinct from the empire。 The same necessity is not to be met with in a despotic government; the nature of which is to unite all the different powers in the same person。 But in this case it may happen that the prince may regard religion as he does the laws themselves; as dependent on his own will。 To prevent this inconvenience; there ought to be monuments of religion; for instance; sacred books which fix and establish it。 The King of Persia is the chief of the religion; but this religion is regulated by the Koran。 The Emperor of China is the sovereign pontiff; but there are books in the hands of everybody to which he himself must conform。 In vain a certain emperor attempted to abolish them; they triumphed over tyranny。

9。 Of Toleration in point of Religion。 We are here politicians; and not divines; but the divines themselves must allow; that there is a great difference between tolerating and approving a religion。

When the legislator has believed it a duty to permit the exercise of many religions; it is necessary that he should enforce also a toleration among these religions themselves。 It is a principle that every religion which is persecuted becomes itself persecuting; for as soon as by some accidental turn it arises from persecution; it attacks the religion which persecuted it; not as religion; but as tyranny。

It is necessary; then; that the laws require from the several religions; not only that they shall not embroil the state; but that they shall not raise disturbances among themselves。 A citizen does not fulfil the laws by not disturbing the government; it is requisite that he should not trouble any citizen whomsoever。

10。 The same Subject continued。 As there are scarcely any but persecuting religions that have an extraordinary zeal for being established in other places (because a religion that can tolerate others seldom thinks of its own propagation); it must therefore be a very good civil law; when the state is already satisfied with the established religion; not to suffer the establishment of another。'19'

This is then a fundamental principle of the political laws in regard to religion; that when the state is at liberty to receive or to reject a new religion it ought to be rejected; when it is received it ought to be tolerate
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