the spirit of laws-第131章
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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 in the nature of human laws to be subject to all the accidents which can happen； and to vary in proportion as the will of man changes； on the contrary； by the nature of the laws of religion； they are never to vary。 Human laws appoint for some good； those of religion for the best： good may have another object； because there are many kinds of good； but the best is but one； it cannot therefore change。 We may alter laws； because they are reputed no more than good； but the institutions of religion are always supposed to be the best。
2。 There are kingdoms in which the laws are of no value as they depend only on the capricious and fickle humour of the sovereign。 If in these kingdoms the laws of religion were of the same nature as the human institutions； the laws of religion too would be of no value。 It is however； necessary to the society that it should have something fixed； and it is religion that has this stability。
3。 The influence of religion proceeds from its being believed； that of human laws from their being feared。 Antiquity accords with religion； because we have frequently a firmer belief in things in proportion to their distance； for we have no ideas annexed to them drawn from those times which can contradict them。 Human laws； on the contrary； receive advantage from their novelty； which implies the actual and particular attention of the legislator to put them in execution。
3。 Of civil Laws contrary to the Law of Nature。 If a slave； says Plato； defends himself； and kills a freeman； he ought to be treated as a parricide。＇1＇ This is a civil law which punishes self…defence； though dictated by nature。
The law of Henry VIII which condemned a man without being confronted by witnesses was contrary to self…defence。 In order to pass sentence of condemnation； it is necessary that the witnesses should know whether the man against whom they make their deposition is he whom they accuse； and that this man be at liberty to say； 〃I am not the person you mean。〃
The law passed during the same reign； which condemned every woman； who； having carried on a criminal commerce did not declare it to the king before she married him； violated the regard due to natural modesty。 It is as unreasonable to oblige a woman to make this declaration； as to oblige a man not to attempt the defence of his own life。
The law of Henry II which condemned the woman to death who lost her child； in case she did not make known her pregnancy to the magistrate； was not less contrary to self…defence。 It would have been sufficient to oblige her to inform one of her nearest relatives； who might watch over the preservation of the infant。
What other information could she give in this situation； so torturing to natural modesty？ Education has heightened the notion of preserving that modesty； and in those critical moments scarcely has she any idea remaining of the loss of life。
There has been much talk of a law in England which permitted girls seven years old to choose a husband。＇2＇ This law was shocking in two ways； it had no regard to the time when nature gives maturity to the understanding； nor to that in which she gives maturity to the body。
Among the Romans； a father might oblige his daughter to repudiate her husband； though he himself had consented to the marriage。＇3＇ But it is contrary to nature for a divorce to be in the power of a third person。
A divorce can be agreeable to nature only when it is by consent of the two parties； or at least of one of them； but when neither consents it is a monstrous separation。 In short； the power of divorce can be given only to those who feel the inconveniences of marriage； and who are sensible of the moment when it is for their interest to make them cease。
4。 The same Subject continued。 Gundebald； King of Burgundy； decreed that if the wife or son of a person guilty of robbery did not reveal the crime； they were to become slaves。＇4＇ This was contrary to nature： a wife to inform against her husband！ a son to accuse his father！ To avenge one criminal action； they ordained another still more criminal。
The law of Recessuinthus permits the children of the adulteress； or those of her husband； to accuse her； and to put the slaves of the house to the torture。＇5＇ How iniquitous the law which； to preserve a purity of morals overturns nature； the origin； the source of all morality！
With pleasure we behold in our theatres a young hero express as much horror against the discovery of his mother…in…law's guilt； as against the guilt itself。 In his surprise； though accused； judged； condemned； proscribed； and covered with infamy； he scarcely dares to reflect on the abominable blood whence Ph？dra sprang； he abandons the most tender object； all that is most dear； all that lies nearest his heart； all that can fill him with rage； to deliver himself up to the unmerited vengeance of the gods。 It is nature's voice； the sweetest of all sounds； that inspires us with this pleasure。
5。 Cases in which we may judge by the Principles of the civil Law in limitin
