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the spirit of laws-第115章

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ceive 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 tolerated。

11。 Of changing a Religion。 A prince who undertakes to destroy or to change the established religion of his kingdom must greatly expose himself。 If his government be despotic; he runs a much greater risk of seeing a revolution arise from such a proceeding; than from any tyranny whatsoever; and a revolution is not an uncommon thing in such states。 The reason of this is that a state cannot change its religion; manners and customs in an instant; and with the same rapidity as the prince publishes the ordinance which establishes a new religion。

Besides; the ancient religion is connected with the constitution of the kingdom and the new one is not; the former agrees with the climate and very often the new one is opposed to it。 Moreover; the citizens become disgusted with their laws; and look upon the government already established with contempt; they conceive a jealousy against the two religions; instead of a firm belief in one; in a word; these innovations give to the state; at least for some time; both bad citizens and bad believers。

12。 Of penal Laws。 Penal laws ought to be avoided in respect to religion: they imprint fear; it is true; but as religion has also penal laws which inspire the same passion; the one is effaced by the other; and between these two different kinds of fear the mind becomes hardened。

The threatenings of religion are so terrible; and its promises so great; that when they actuate the mind; whatever efforts the magistrate may use to oblige us to renounce it; he seems to leave us nothing when he deprives us of the exercise of our religion; and to bereave us of nothing when we are allowed to profess it。

It is not; therefore; by filling the soul with the idea of this great object; by hastening her approach to that critical moment in which it ought to be of the highest importance; that religion can be most successfully attacked: a more certain way is to tempt her by favours; by the conveniences of life; by hopes of fortune; not by that which revives; but by that which extinguishes the sense of her duty; not by that which shocks her; but by that which throws her into indifference at the time when other passions actuate the mind; and those which religion inspires are hushed into silence。 As a general rule in changing a religion the invitations should be much stronger than the penalties。

The temper of the human mind has appeared even in the nature of punishments。 If we take a survey of the persecutions in Japan;'20' we shall find that they were more shocked at cruel torments than at long sufferings; which rather weary than affright; which are the more difficult to surmount; from their appearing less difficult。

In a word; history sufficiently informs us that penal laws have never had any other effect than to destroy。

13。 A most humble Remonstrance to the Inquisitors of Spain and Portugal。 A Jewess of ten years of age; who was burned at Lisbon at the last auto…da…fé; gave occasion to the following little piece; the most idle; I believe; that ever was written。 When we attempt to prove things so evident we are sure never to convince。

The author declares; that though a Jew he has a respect for the Christian religion; and that he should be glad to take away from the princes who are not Christians; a plausible pretence for persecuting this religion。

〃You complain;〃 says he to the Inquisitors; 〃that the Emperor of Japan caused all the Christians in his dominions to be burned by a slow fire。 But he will answer; we treat you who do not believe like us; as you yourselves treat those who do not believe like you; you can only complain of your weakness; which has hindered you from exterminating us; and which has enabled us to exterminate you。

〃But it must be confessed that you are much more cruel than this emperor。 You put us to death who believe only what you believe; because we do not believe all that you believe。 We follow a religion which you yourselves know to have been formerly dear to God。 We think that God loves it still; and you think that he loves it no more: and because you judge thus; you make those suffer by sword and fire who hold an error so pardonable as to believe that God still loves what he once loved。'21'

〃If you are cruel to us; you are much more so to our children; you cause them to be burned because they follow the inspirations given them by those whom the law of nature and the laws of all nations teach them to regard as gods。

〃You deprive yourselves of the advantage you have over the Mahometans; with respect to the manner in which their religion was established。 When they boast of the number of their believers; you tell them that they have obtained them by violence; and that they have extended their religion by the sword; why then do you establish yours by fire?

〃When you would bring us over to you; we object to a source from which you glory to have descended。 You reply to us; that though your religion is new; it is divine; and you prove it from its growing amidst the persecutions of Pagans; and when watered by the blood of your martyrs; but at present you play the part of the Diocletians; and make us take yours。

〃We conjure you; not by the mighty God whom both you and we serve; but by that Christ; who; you tell us; took upon him a human form; to propose himself as an example for you to follow; we conjure you to behave to us as he himself would behave were he upon earth。 You would have us become Christians; and you will not be so yourselves。

〃But if you will not be Christians; be at least men; treat us as you would; if having only the weak light of justice which nature bestows; you had not a religion to conduct; and a revelation to enlighten you。

〃If heaven has had so great a love for you as to make you see the truth; you have received a singular favour; but is it for children who have received the inheritance of their father; to hate those who have not?

〃If you have this truth; hide it not from us by the manner in which you propose it。 The characteristic of truth is its triumph over hearts and minds; and not that impotency which you confess when you would force us to receive it by tortures。

〃If you were wise; you would not put us to death for no 
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