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the spirit of laws-第149章

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truction; and a nation must be very unhappy that gives authority to such men。

〃Would you have us frankly tell you our thoughts? You consider us rather as your enemies than as the enemies of your religion; for if you loved your religion you would not suffer it to be corrupted by such gross ignorance。

〃It is necessary that we should warn you of one thing; that is; if any one in times to come shall dare to assert that in the age in which we live; the people of Europe were civilised; you will be cited to prove that they were barbarians; and the idea they will have of you will be such as will dishonour your age and spread hatred over all your contemporaries。〃

14。 Why the Christian Religion is so odious in Japan。 We have already mentioned the perverse temper of the people of Japan。'22' The magistrates considered the firmness which Christianity inspires; when they attempted to make the people renounce their faith; as in itself most dangerous; they fancied that it increased their obstinacy。 The law of Japan punishes severely the least disobedience。 The people were ordered to renounce the Christian religion; they did not renounce it; this was disobedience; the magistrates punished this crime; and the continuance in disobedience seemed to deserve another punishment。

Punishments among the Japanese are considered as the revenge of an insult done to the prince; the songs of triumph sung by our martyrs appeared as an outrage against him: the title of martyr provoked the magistrates; in their opinion it signified rebel; they did all in their power to prevent their obtaining it。 Then it was that their minds were exasperated; and a horrid struggle was seen between the tribunals that condemned and the accused who suffered; between the civil laws and those of religion。

15。 Of the Propagation of Religion。 All the people of the East; except the Mahometans; believe all religions in themselves indifferent。 They fear the establishment of another religion no otherwise than as a change in government。 Among the Japanese; where there are many sects; and where the state has had for so long a time an ecclesiastical superior; they never dispute on religion。'23' It is the same with the people of Siam。'24' The Calmucks'25' do more; they make it a point of conscience to tolerate every species of religion; at Calicut it is a maxim of the state that every religion is good。'26'

But it does not follow hence; that a religion brought from a far distant country; and quite different in climate; laws; manners; and customs; will have all the success to which its holiness might entitle it。 This is more particularly true in great despotic empires: here strangers are tolerated at first; because there is no attention given to what does not seem to strike at the authority of the prince。 As they are extremely ignorant; a European may render himself agreeable by the knowledge he communicates: this is very well in the beginning。 But as soon as he has any success; when disputes arise and when men who have some interest become informed of it; as their empire; by its very nature; above all things requires tranquillity; and as the least disturbance may overturn it; they proscribe the new religion and those who preach; it: disputes between the preachers breaking out; they begin to entertain a distaste for a religion on which even those who propose it are not agreed。

______

1。 St。 Cyril's Letter。

2。 This does not contradict what I have said in the last chapter of the preceding book: I here speak of the motives of attachment of religion; and there of the means of rendering it more general。

3。 This has been remarked over all the world。 See; as to the Turks; the Missions of the Levant; the Collection of Voyages that Contributed to the Establishment of the East India Company; iii; part I; p。 201 on the Moors of Batavia; and Father Labat on the Mahometan Negroes; &c。

4。 The Christian and the Indian religions: these have a hell and a paradise; which the religion of Sintos has not。

5。 Entering the mosque of Bochara; he took the Koran; and threw it under his horse's feet。  History of the Tartars; part III; p。 273。

6。 Ibid。; p。 342。

7。 This disposition of mind has been communicated to the Japanese; who; as it may be easily proved; derive their origin from the Tartars。

8。 Annals; iii。 60。

9。 Numb。; 35; 14。

10。 Ibid。; 16; ff。

11。 De Abstinentia animal; ii; § 5。

12。 Lilius Giraldus; p。 726。

13。 A people of Siberia。 See the account given by Mr。 Everard Ysbrant Ides; in the Collection of Travels to the North; viii。

14。 Mr。 Hyde。

15。 Laws; x。

16。 Rogum vino ne respergito  Law of the Twelve Tables。

17。 Cicero derives these appropriate words from Plato; Laws; xii。  ED。

18。 Laws; iv。

19。 I do not mean to speak in this chapter of the Christian religion; for; as I have elsewhere observed; the Christian religion is our chief blessing。 See the end of the preceding chapter; and the Defence of the Spirit of Laws; part II。

20。 In the Collection of Voyages that Contributed to the Establishment of the East India Company; v; part 1; p。 192。

21。 The source of the blindness of the Jews is their not perceiving that the economy of the Gospel is in the order of the decrees of God and that it is in this light a consequence of his immutability。

22。 Book vi。 13。

23。 See Kempfer。

24。 Forbin; Memoirs。

25。 History of the Tartars; part V。

26。 Pirard; Travels; 27。




Book XXVI。 Of Laws in Relation to the Order of Things Which They Determine

1。 Idea of this Book。 Men are governed by several kinds of laws; by the law of nature; by the divine law; which is that of religion; by ecclesiastical; otherwise called canon law; which is that of religious polity; by the law of nations; which may be considered as the civil law of the whole globe; in which sense every nation is a citizen; by the general political law; which relates to that human wisdom whence all societies derive their origin; by the particular political law; the object of which is each society; by the law of conquest founded on this; that one nation has been willing and able; or has had a right to offer violence to another; by the civil law of every society; by which a citizen may defend his possessions and his life against the attacks of any other citizen; in fine; by domestic law; which proceeds from a society's being divided into several families; all which have need of a particular government。

There are therefore different orders of laws; and the sublimity of human reason consists in perfectly knowing to which of these orders the things that are to be determined ought to have a principal relation; and not to throw into confusion those principles which should govern mankind。

2。 Of Laws divine and human。 We ought not to decide by divine laws what should be decided by human laws; nor determine by human what should be determined by divine laws。

These two sorts of laws differ in their origin; in their object; and in their nature。

It is universally acknowledged; that human laws are; in their own nature; different from those of religion; this is an important principle: but this principle is itself subject to others; which must be inquired into。

1。 It is i
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