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the spirit of laws-第84章

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masters to reduce again to slavery the ungrateful freedmen; the emperor declared that it was their duty to decide the affairs of individuals; and to make no general decree。

Much less can I determine what ought to be the regulations of a good republic in such an affair; this depends on too many circumstances。 Let us; however; make some reflections。

A considerable number of freedmen ought not suddenly to be made by a general law。 We known that among the Volsinienses'37' the freedmen; becoming masters of the suffrages; enacted an abominable law; which gave them the right of lying the first night with the young women married to the free…born。

There are several ways of insensibly introducing new citizens into a republic。 The laws may favour the acquiring a peculium; and put slaves into a condition of buying their liberty: they may prescribe a term to servitude; like those of Moses; which limited that of the Hebrew slaves to six years。'38' It is easy to enfranchise every year a certain number of those slaves who; by their age; health; or industry; are capable of getting a subsistence。 The evil may be even cured in its root; as a great number of slaves are connected with the several employments which are given them; to divide among the free…born a part of these employments; for example; commerce or navigation; is diminishing the number of slaves。

When there are many freedmen; it is necessary that the civil laws should determine what they owe to their patron; or that these duties should be fixed by the contract of enfranchisement。

It is certain that their condition should be more favoured in the civil than in the political state; because; even in a popular government; the power ought not to fall into the hands of the vulgar。

At Rome; where they had so many freedmen; the political laws with regard to them were admirable。 They gave them very little; and excluded them almost from nothing: they had even a share in the legislature; but the resolutions they were capable of taking were almost of no weight。 They might bear a part in the public offices; and even in the dignity of the priesthood;'39' but this privilege was in some sort rendered useless by the disadvantages they had to encounter in the elections。 They had a right to enter into the army; but they were to be registered in a certain class of the census before they could be soldiers。 Nothing hindered the'40' freedmen from being united by marriage with the families of the free…born; but they were not permitted to mix with those of the senator。 In short; their children were free…born; though they were not so themselves。

18。 Of Freedmen and Eunuchs。 Thus in a republican government it is frequently of advantage that the situation of the freedmen be but little below that of the free…born; and that the laws be calculated to remove a dislike of their condition。 But in a despotic government; where luxury and arbitrary power prevail; they have nothing to do in this respect; the freedmen generally finding themselves above the free…born。 They rule in the court of the prince; and in the palaces of the great; and as they study the foibles and not the virtues of their master; they lead him entirely by the former; not by the latter。 Such were the freedmen of Rome in the times of the emperors。

When the principal slaves are eunuchs; let never so many privileges be granted them; they can hardly be regarded as freedmen。 For as they are incapable of having a family of their own; they are naturally attached to that of another: and it is only by a kind of fiction that they are considered as citizens。

And yet there are countries where the magistracy is entirely in their hands。 〃In Tonquin;〃'41' says Dampier;'42' 〃all the mandarins; civil and military; are eunuchs。〃 They have no families; and though they are naturally avaricious; the master or the prince benefits in the end by this very passion。

Dampier tells us; too;'43' that in this country the eunuchs cannot live without women; and therefore marry。 The law which permits their marriage may be founded partly on their respect for these eunuchs; and partly on their contempt of the fair sex。

Thus they are trusted with the magistracy; because they have no family; and permitted to marry; because they are magistrates。

Then it is that the sense which remains would fain supply that which they have lost; and the enterprises of despair become a kind of enjoyment。 So; in Milton; that spirit who has nothing left but desires; enraged at his degradation; would make use of his impotency itself。

We see in the history of China a great number of laws to deprive eunuchs of all civil and military employments; but they always returned to them again。 It seems as if the eunuchs of the east were a necessary evil。

______

1。 Justinian; Institutes; i。

2。 Excepting a few cannibals。

3。 I mean slavery in a strict sense; as formerly among the Romans; and at present in our colonies。

4。 Biblioth。 Ang。; xiii; part II; art。 3。

5。 See Solis; History of the Conquest of Mexico; and Garcilasso de la Vega; History of the Conquest of Peru。

6。 Labat; New Voyage to the Isles of America; iv; p。 114; 1728; 12mo。

7。 Present State of Russia。

8。 Dampier; Voyages; iii。

9。 Politics; i。 5。

10。 As may be seen in the mines of Hartz; in Lower Saxony; and in those of Hungary。

11。 De Moribus Germanorum; 25。

12。 Tacitus; De Moribus Germanorum; 20; says the master is not to be distinguished from the slave by any delicacy of living。

13。 Sir John Chardin; Travels to Persia。

14。 Sir John Chardin; ii; in his description of the market of Izagour。

15。 Book i; tit。 32; § 5。

16。 The revolt of the Mamelukes was a different case; this was a body of the militia who usurped the empire。

17。 Law of the Visigoths; iii; tit。 1; § 1。

18。 Ibid。; v; tit。 7; § 20。

19。 Ibid。; v; tit。 2; § 9。

20。 Law of the Alemans; 5; § 3。

21。 Ibid。; § 5; per virtutem。

22。 〃Sicily;〃 says Florus; 〃suffered more in the Servile than in the Punic war。〃  iii。 19。

23。 See the whole title of the senat。 cons。 Sillan。; ff。

24。 Leg。 Si quis; § 12; ff。 de senat。 cons。 Sillan。

25。 When Antony commanded Eros to kill him; it was the same as commanding him to kill himself; because; if he had obeyed; he would have been punished as the murderer of his master。

26。 Leg。 i; § 22; ff。 de senat。 cons。 Sillan。

27。 Leg。 i; § 31; ff。 ibid。; xxix; tit。 5。

28。 Xiphilin; In Claudio。

29。 See Leg。 3; in Cod。; De Patria potestate; by the Emperor Alexander。

30。 Exod。; 21。 20; 21。

31。 Plutarch; On Superstition。

32。 See the constitution of Antoninus Pius; Institutes; i; tit。 7。

33。 Laws; Book ix。

34。 This was frequently the spirit of the laws of those nations who came out of Germany; as may be seen by their codes。

35。 Demosthenes; Orat。 contra Midian; p。 610; Frankfort; 1604。

36。 Tacitus; Annals; xiii。 27。

37。 Freinshemius; Supplement; dec。 2; v。

38。 Exod。; 21。

39。 Tacitus; Annals; xiii。 27。

40。 Augustus's speech in Dio; lvi。

41。 It was formerly the same in China。 The two Mahometan Arabs who travelled thither in the ninth century use the word eunuch whenever they speak of a governor of the city。

42。 Volume iii; p
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