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the spirit of laws-第34章

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rity diminishing; up to the very despotic prince who is encircled with excess of power and danger。

The great number; therefore; of nobles in an hereditary aristocracy renders the government less violent: but as there is less virtue; they fall into a spirit of supineness and negligence; by which the state loses all its strength and activity。'7'

An aristocracy may maintain the full vigour of its constitution if the laws be such as are apt to render the nobles more sensible of the perils and fatigues than of the pleasure of command: and if the government be in such a situation as to have something to dread; while security shelters under its protection; and uncertainty threatens from abroad。

As a certain kind of confidence forms the glory and stability of monarchies; republics; on the contrary; must have something to apprehend。'8' A fear of the Persians supported the laws of Greece。 Carthage and Rome were alarmed; and strengthened by each other。 Strange; that the greater security those states enjoyed; the more; like stagnated waters; they were subject to corruption!

6。 Of the Corruption of the Principle of Monarchy。 As democracies are subverted when the people despoil the senate; the magistrates; the judges of their functions; so monarchies are corrupted when the prince insensibly deprives societies or cities of their privileges。 In the former case the multitude usurp the power; in the latter it is usurped by a single person。

〃The destruction of the dynasties of Tsin and Soui;〃 says a Chinese author; 〃was owing to this: the princes; instead of confining themselves; like their ancestors; to a general inspection; the only one worthy of a sovereign; wanted to govern everything immediately by themselves。〃'9' The Chinese author gives us in this instance the cause of the corruption of almost all monarchies。

Monarchy is destroyed when a prince thinks he shows a greater exertion of power in changing than in conforming to the order of things; when he deprives some of his subjects of their hereditary employments to bestow them arbitrarily upon others; and when he is fonder of being guided by fancy than judgment。

Again; it is destroyed when the prince; directing everything entirely to himself; calls the state to his capital; the capital to his court; and the court to his own person。

It is destroyed; in fine; when the prince mistakes his authority; his situation and the love of his people; and when he is not fully persuaded that a monarch ought to think himself secure; as a despotic prince ought to think himself in danger。

7。 The same Subject continued。 The principle of monarchy is corrupted when the first dignities are marks of the first servitude; when the great men are deprived of public respect; and rendered the low tools of arbitrary power。

It is still more corrupted when honour is set up in contradiction to honours; and when men are capable of being loaded at the very same time with infamy'10' and with dignities。

It is corrupted when the prince changes his justice into severity; when he puts; like the Roman emperors; a Medusa's head on his breast;'11' and when he assumes that menacing and terrible air which Commodus ordered to be given to his statues。'12'

Again; it is corrupted when mean and abject souls grow vain of the pomp attending their servitude; and imagine that the motive which induces them to be entirely devoted to their prince exempts them from all duty to their country。

But if it be true (and indeed the experience of all ages has shown it) that in proportion as the power of the monarch becomes boundless and immense; his security diminishes; is the corrupting of this power; and the altering of its very nature; a less crime than that of high treason against the prince?

8。 Danger of the Corruption of the Principle of monarchical Government。 The danger is not when the state passes from one moderate to another moderate government; as from a republic to a monarchy; or from a monarchy to a republic; but when it is precipitated from a moderate to a despotic government。

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; Dru
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