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the spirit of laws-第44章

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Most of the European nations are still governed by the principles of morality。 But if from a long abuse of power or the fury of conquest; despotic sway should prevail to a certain degree; neither morals nor climate would be able to withstand its baleful influence: and then human nature would be exposed; for some time at least; even in this beautiful part of the world; to the insults with which she has been abused in the other three。

9。 How ready the Nobility are to defend the Throne。 The English nobility buried themselves with Charles the First under the ruins of the throne; and before that time; when Philip the Second endeavoured to tempt the French with the allurement of liberty; the crown was constantly supported by a nobility who think it an honour to obey a king; but consider it as the lowest disgrace to share the power with the people。

The house of Austria has ever used her endeavours to oppress the Hungarian nobility; little thinking how serviceable that very nobility would be one day to her。 She would fain have drained their country of money; of which they had no plenty; but took no notice of the men; with whom it abounded。 When princes combined to dismember her dominions; the several parts of that monarchy fell motionless; as it were one upon another。 No life was then to be seen but in those very nobles; who; resenting the affronts offered to the sovereign; and forgetting the injuries done to themselves; took up arms to avenge her cause; and considered it the highest glory bravely to die and to forgive。

10。 Of the Corruption of the Principle of despotic Government。 The principle of despotic government is subject to a continual corruption; because it is even in its nature corrupt。 Other governments are destroyed by particular accidents; which do violence to the principles of each constitution; this is ruined by its own intrinsic imperfections; when some accidental causes do not prevent the corrupting of its principles。 It maintains itself therefore only when circumstances; drawn from the climate; religion; situation; or genius of the people; oblige it to conform to order; and to admit of some rule。 By these things its nature is forced without being changed; its ferocity remains; and it is made tame and tractable only for a time。

11。 Natural Effects of the Goodness and Corruption of the Principles of Government。 When once the principles of government are corrupted; the very best laws become bad; and turn against the state: but when the principles are sound; even bad laws have the same effect as good; the force of the principle draws everything to it。

The inhabitants of Crete used a very singular method to keep the principal magistrates dependent on the laws; which was that of Insurrection。 Part of the citizens rose up in arms;'13' put the magistrates to flight; and obliged them to return to a private life。 This was supposed to be done in consequence of the law。 One would have imagined that an institution of this nature; which established sedition to hinder the abuse of power; would have subverted any republic whatsoever; and yet it did not subvert that of Crete。 The reason is this。'14'

When the ancients would cite a people that had the strongest affection for their country; they were sure to mention the inhabitants of Crete: 〃Our Country;〃 said Plato;'15' 〃a name so dear to the Cretans。〃 They called it by a name which signifies the love of a mother for her children。'16' Now the love of our country sets everything right。

The laws of Poland have likewise their Insurrection: but the inconveniences thence arising plainly show that the people of Crete alone were capable of using such a remedy with success。

The gymnic exercises established among the Greeks had the same dependence on the goodness of the principle of government。 〃It was the Laced?monians and Cretans;〃 said Plato;'17' 〃that opened those celebrated academies which gave them so eminent a rank in the world。 Modesty at first was alarmed; but it yielded to the public utility。〃 In Plato's time these institutions were admirable:'18' as they bore a relation to a very important object; which was the military art。 But when virtue fled from Greece; the military art was destroyed by these institutions; people appeared then on the arena; not for improvement; but for debauch。'19' Plutarch informs us'20' that the Romans in his time were of opinion that those games had been the principal cause of the slavery into which the Greeks had fallen。 On the contrary; it was the slavery of the Greeks that corrupted those exercises。 In Plutarch's time;'21' their fighting naked in the parks; and their wrestling; infected the young people with a spirit of cowardice; inclined them to infamous passions; and made them mere dancers。 But under Epaminondas the exercise of wrestling made the Thebans win the famous battle of Leuctra。'22'

There are very few laws which are not good; while the state retains its principles: here I may apply what Epicurus said of riches。 〃It is not the liquor; but the vessel that is corrupted。〃

12。 The same Subject continued。 In Rome the judges were chosen at first from the order of senators。 This privilege the Gracchi transferred to the knights; Drusus gave it to the senators and knights; Sulla to the senators only: Cotta to the senators; knights; and public treasurers; C?sar excluded the latter; Antony made decuries of senators; knights; and centurions。

When once a republic is corrupted; there is no possibility of remedying any of the growing evils; but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil。 While Rome preserved her principles entire; the judicial power might without any abuse be lodged in the hands of senators; but as soon as this city became corrupt; to whatsoever body that power was transferred; whether to the senate; to the knights; to the treasurers; to two of those bodies; to all three together; or to any other; matters still went wrong。 The knights had no more virtue than the senate; the treasurers no more than the knights; and these as little as the centurions。

After the people of Rome had obtained the privilege of sharing the magistracy with the patricians; it was natural to think that their flatterers would immediately become arbiters of the government。 But no such thing ever happened。  It was observable that the very people who had rendered the plebeians capable of public offices ever fixed their choice upon the patricians。 Because they were virtuous; they were magnanimous; and because they were free; they had a contempt of power。

But when their morals were corrupted; the more power they were possessed of; the less prudent was their conduct; till at length; upon becoming their own tyrants and slaves; they lost the strength of liberty to fall into the weakness and impotency of licentiousness。

13。 The Effect of an Oath among virtuous People。 There is no nation; says Livy;'23' that has been longer uncorrupted than the Romans; no nation where moderation and poverty have been longer respected。

Such was the influence of an oath among those people that nothing bound them more strongly to the laws。 They often did more for the observance of an oa
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