the spirit of laws-第39章
按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!
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; Drusus gave it to the senators and knights; Sulla to the senators only: Cotta to the senators; knights; and public treasurers; C?sar excluded the latter; Antony made decuries of senators; knights; and centurions。
When once a republic is corrupted; there is no possibility of remedying any of the growing evils; but by removing the corruption and restoring its lost principles; every other correction is either useless or a new evil。 While Rome preserved her principles entire; the judicial power might without any abuse be lodged in the hands of senators; but as soon as this city became corrupt; to whatsoever body that power was transferred; whether to the senate; to the knights; to the treasurers; to two of those bodies; to all three together; or to any other; matters still went wrong。 The knights had no more virtue than the senate; the treasurers no more than the knights; and these as little as the centurions。
After the people of Rome had obtained the privilege of sharing the magistracy with the patricians; it was natural to think that their flatterers would immediately become arbiters of the government。 But no such thing ever happened。 It was observable that the very people who had rendered the plebeians capable of public offices ever fixed their choice upon the patricians。 Because they were virtuous; they were magnanimous; and because they were free; they had a contempt of power。
But when their morals were corrupted; the more power they were possessed of; the less prudent was their conduct; till at length; upon becoming their own tyrants and slaves; they lost the strength of liberty to fall into the weakness and impotency of licentiousness。
13。 The Effect of an Oath among virtuous People。 There is no nation; says Livy;'23' that has been longer uncorrupted than the Romans; no nation where moderation and poverty have been longer respected。
Such was the influence of an oath among those people that nothing bound them more strongly to the laws。 They often did more for the observance of an oath than they would ever have performed for the thirst of glory or for the love of their country。
When Quintus Cincinnatus; the consul; wanted to raise an army in the city against the ?qui and the Volsci; the tribunes opposed him。 〃Well;〃 said he; 〃let all those who have taken an oath to the consul of the preceding year march under my banner。〃'24' In vain did the tribunes cry out that this oath was no longer binding; and that when they took it Quintus was but a private person: the people were more religious than those who pretended to direct them; they would not listen to the distinctions or equivocations of the tribunes。
When the same people thought of retiring to the Sacred Mount; they felt some remorse from the oath they had taken to the consuls; that they would follow them into the field。'25' They entered then into a design of killing the consuls; but dropped it when they were given to understand that their oath would still be binding。 Now it is easy to judge of the notion they entertained of the violation of an oath from the crime they intended to commit。
After the battle of Cann?; the people were seized with such a panic that they would fain have retired to Sicily。 But Scipio having prevailed upon them to swear they would not stir from Rome; the fear of violating this oath surpassed all other apprehensions。 Rome was a ship held by two anchors; religion and morality; in the midst of a furious tempest。
14。 How the smallest Change of the Constitution is attended with the Ruin of its Principles。 Aristotle mentions the city of Carthage as a well…regulated republic。 Polybius tells us'26' that there was this inconvenience at Carthage in the second Punic war; that the senate had lost almost all its authority。 We are informed by Livy that when Hannibal returned to Carthage he found that the magistrates and the principal citizens had abused their power; and converted the public revenues to their private emolument。 The virtue; therefore; of the magistrates; and the authority of the senate; both fell at the same time; and all was owing to the same cause。
Every one knows the wonderful effects of the censorship among the Romans。 There was a time when it grew burdensome; but still it was supported because there was more luxury than corruption。 Claudius'27' weakened its authority; by which means the corruption became greater than the luxury; and the censorship dwindled away of itself。'28' After various interruptions and resumptions; it was entirely laid aside; till it became altogether useless; that is; till the reigns of Augustus and Claudius。
15。 Sure Methods of preserving the three Principles。 I shall not be able to make myself rightly understood till the reader has perused the four following chapters。
16。 Distinctive Properties of a Republic。 It is natural for a republic to have only a small territory; otherwise it cannot long subsist。 In an extensive republic there are men of large fortunes; and consequently of less moderation; there are trusts too considerable to be placed in any single subject; he has interests of his own; he soon begins to think that he may be happy and glorious; by oppressing his fellow…citizens; and that he may raise himself to grandeur on the ruins of his country。
In an extensive republic the public good is sacrificed to a thousand private views; it is subordinate to exceptions; and depends on accidents。 In a small one; the interest of the public is more obvious; better understood; and more within the reach of every citizen; abuses have less extent; and of course are less protected。
The long duration of the republic of Sparta was owing to her having continued in the same extent of territory after all her wars。 The sole aim of Sparta was liberty; and the sole advantage of her liberty; glory。
It was the spirit of the Greek republics to be as contented with their territories as with their laws。 Athens was first fired with ambition and gave it to Laced?mon; but it was an ambition rather of commanding a free people than of governing slaves; rather of directing than of breaking the union。 All was