the spirit of laws-第33章
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50。 Chapter 17。
51。 Hist。 of Nicephorus； patriarch of Constantinople。
52。 In Nicephorus' History。
53。 Father Du Halde； i； p。 6。
54。 Present State of Russia； Perry。
55。 The English。
56。 The citizens of Athens could not be put to the rack （Lysias； Orat。 contra Agorat。） unless it was for high treason。 The torture was used within thirty days after condemnation。 （Curius Fortunatus。 Rhetor； scol。； ii。） There was no preparatory torture。 In regard to the Romans； the Leg。 3； 4； ad leg。 Jul。 majest。； show that birth； dignity； and the military profession exempted people from the rack； except in cases of high treason。 See the prudent restrictions of this practice made by the laws of the Visigoths。
57。 See Kempfer。
58。 It is established in the Koran。 See the chapter； Of the Cow。
59。 Si membrum rupit； ni cum eo pacit； talio esto。 Aulus Gellius； xx。 i。
60。 Ibid。
61。 See also the Law of the Visigoths； vi； tit。 4； §§ 3； 5。
62。 See Garcilasso； History of the Civil Wars of the Spaniards in the West Indies。
63。 〃Instead of punishing them；〃 says Plato； 〃they ought to be commended for not having followed their fathers' example。〃 Laws； ix。
64。 Fragment of Suidas； in Constantine Porphyrogenitus。
Book VII。 Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws； Luxury； and the Condition of Women
1。 Of Luxury。 Luxury is ever in proportion to the inequality of fortunes。 If the riches of a state are equally divided there will be no luxury； for it is founded merely on the conveniences acquired by the labour of others。
In order to have this equal distribution of riches； the law ought to give to each man only what is necessary for nature。 If they exceed these bounds； some will spend； and others will acquire； by which means an inequality will be established。
Supposing what is necessary for the support of nature to be equal to a given sum； the luxury of those who have only what is barely necessary will be equal to a cipher： if a person happens to have double that sum； his luxury will be equal to one； he that has double the latter's substance will have a luxury equal to three； if this be still doubled； there will be a luxury equal to seven； so that the property of the subsequent individual being always supposed double to that of the preceding； the luxury will increase double； and a unit be always added； in this progression； 0； 1； 3； 7； 15； 31； 63； 127
In Plato's republic；＇1＇ luxury might have been exactly calculated。 There were four sorts of censuses or rates of estates。 The first was exactly the term beyond poverty； the second was double； the third triple； the fourth quadruple to the first。 In the first census； luxury was equal to a cipher； in the second to one； in the third to two； in the fourth to three： and thus it followed in an arithmetical proportion。
Considering the luxury of different nations with respect to one another； it is in each state a compound proportion to the inequality of fortunes among the subjects； and to the inequality of wealth in different states。 In Poland； for example； there is an extreme inequality of fortunes； but the poverty of the whole binders them from having so much luxury as in a more opulent government。
Luxury is also in proportion to the populousness of the towns； and especially of the capital； so that it is in a compound proportion to the riches of the state； to the inequality of private fortunes； and to the number of people settled in particular places。
In proportion to the populousness of towns； the inhabitants are filled with notions of vanity； and actuated by an ambition of distinguishing themselves by trifles。＇2＇ If they are very numerous； and most of them strangers to one another； their vanity redoubles； because there are greater hopes of success。 As luxury inspires these hopes； each man assumes the marks of a superior condition。 But by endeavouring thus at distinction； every one becomes equal； and distinction ceases； as all are desirous of respect； nobody is regarded。
Hence arises a general inconvenience。 Those who excel in a profession set what value they please on their labour； this example is followed by people of inferior abilities； and then there is an end of all proportion between our wants and the means of satisfying them。 When I am forced to go to law； I must be able to fee counsel； when I am sick； I must have it in my power to fee a physician。
It is the opinion of several that the assemblage of so great a multitude of people in capital cities is an obstruction to commerce； because the inhabitants are no longer at a proper distance from each other。 But I cannot think so； for men have more desires； more wants； more fancies； when they live together。
2。 Of sumptuary Laws in a Democracy。 We have observed that in a republic； where riches are equally divided； there can be no such thing as luxury； and as we have shown in the 5th Book＇3＇ that this equal distribution constitutes the excellence of a republican government； hence it follows； that the less luxury there is in a republic； the more it is perfect。 There was none among the old Romans； none among the Laced？monians； and in republics where this equality is not quite lost； the spirit of commerce； industry； and virtue renders every man able and willing to live on his own property； and consequently prevents the growth of luxury。
The laws concerning the new division of lands； insisted upon so eagerly in some republics； were of the most salutary nature。 They are dangerous； only as they are sudden。 By reducing instantly the wealth of some； and increasing that of others； they form a revolution in each family； and must produce a general one in the state。
In proportion as luxury gains ground in a republic； the minds of the people are turned towards their particular interests。 Those who are allowed only what is necessary have nothing but their own reputation and their country's glory in view。 But a soul depraved by luxury has many other desires； and soon becomes an enemy to the laws that confine it。 The luxury in which the garrison of Rhegium began to live was the cause of their massacring the inhabitants。
No sooner were the Romans corrupted than their desires became boundless and immense。 Of this we may judge by the price they set on things。 A pitcher of Falernian wine＇4＇ was sold for a hundred Roman denarii； a barrel of salt meat from the kingdom of Pontus cost four hundred； a good cook four talents； and for boys； no price was reckoned too great。 When the whole world； impelled by the force of corruption； is immersed in voluptuousness＇5＇ what must then become of virtue？
3。 Of sumptuary Laws in an Aristocracy。 There is this inconvenience in an ill…constituted aristocracy； that the wealth centres in the nobility； and yet they are not allowed to spend； for as luxury is contrary to the spirit of moderation； it must be banished thence。 This government comprehends； therefore； only people who are extremely poor and cannot acquire； and people who are vastly rich and cannot spend。
In Venice； they are compelled by the laws to moderation。 They are so habituated to parsimony that none but courtesans can make them part with their money。 Such is the method made use of for the support of industry； the most contemptible of women may be profuse without danger； whilst those who contribute to their extravagance consume their days in the greatest obscurity。
Admirable in this respect were the institutions of the principal republics of Greece。 The rich employed their money in festivals； musical choruses； chariots； horse…races； and chargeable offices。 Wealth was； therefore； as burdensome there as poverty。
4。 Of sumptuary Laws in a Monarchy。 Tacitus says＇6＇ that the Suiones； a German nation； has a particular respect for riches； for which reason they live under the government of one person。 This shows that luxury is extremely proper for monarchies； and that under this government there must be no sumptuary laws。
As riches； by the very constitution of monarchies； are unequally divided； there is an absolute necessity for luxury。 Were the rich not to be lavish； the poor would starve。 It is even necessary here that the expenses of the opulent should be in pro
