the spirit of laws-第111节
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If other causes besides these concur to disengage their affections； for instance； if the severity of the government； if the laws concerning the property of land； give them a precarious spirit all is lost。
The religion of the Gaurs formerly rendered Persia a flourishing kingdom； it corrected the bad effects of despotic power。 The same empire is now destroyed by the Mahometan religion。
12。 Of Penances。 Penances ought to be joined with the idea of labour； not with that of idleness； with the idea of good； not with that of supereminence； with the idea of frugality； not with that of avarice。
13。 Of inexpiable Crimes。 It appears from a。 passage of the books of the pontiffs； quoted by Cicero；＇8＇ that they had among the Romans inexpiable crimes：＇9＇ and it is on this that Zozymus founds the narration so proper to blacken the motives of Constantine's conversion； and Julian； that bitter raillery on this conversion in his C？sars。
The Pagan religion indeed； which prohibited only some of the grosser crimes； and which stopped the hand but meddled not with the heart； might have crimes that were inexpiable； but a religion which bridles all the passions； which is not more jealous of actions than of thoughts and desires； which holds us not by a few chains but by an infinite number of threads； which； leaving human justice aside； establishes another kind of justice； which is so ordered as to lead us continually from repentance to love； and from love to repentance； which puts between the judge and the criminal a greater mediator； between the just and the mediator a great judge a religion like this ought not to have inexpiable crimes。 But while it gives fear and hope to all； it makes us sufficiently sensible that though there is no crime in its own nature inexpiable； yet a whole criminal life may be so； that it is extremely dangerous to affront mercy by new crimes and new expiations； that an uneasiness on account of ancient debts； from which we are never entirely free； ought to make us afraid of contracting new ones； of filling up the measure； and going even to that point where paternal goodness is limited。
14。 In what Manner Religion has an Influence on Civil Laws。 As both religion and the civil laws ought to have a peculiar tendency to render men good citizens； it is evident that when one of these deviates from this end； the tendency of the other ought to be strengthened。 The less severity there is in religion； the more there ought to be in the civil laws。
Thus the reigning religion of Japan having few doctrines； and proposing neither future rewards nor punishments； the laws to supply these defects have been made with the spirit of severity； and are executed with an extraordinary punctuality。
When the doctrine of necessity is established by religion； the penalties of the laws ought to be more severe； and the magistrate more vigilant； to the end that men who would otherwise become abandoned might be determined by these motives； but it is quite otherwise where religion has established the doctrine of liberty。
From the inactivity of the soul springs the Mahometan doctrine of predestination； and from this doctrine of predestination springs the inactivity of the soul。 This； they say； is in the decrees of God； they must therefore indulge their repose。 In a case like this； the magistrate ought to waken by the laws those who are lulled asleep by religion。
When religion condemns things which the civil laws ought to permit； there is danger lest the civil laws； on the other hand； should permit what religion ought to condemn。 Either of these is a constant proof of a want of true ideas of that harmony and proportion which ought to subsist between both。
Thus the Tartars under Jenghiz Khan；＇10＇ among whom it was a sin and even a capital crime to put a knife in the fire； to lean against a whip； to strike a horse with his bridle； to break one bone with another； did not believe it to be any sin to break their word； to seize upon another man's goods； to do an injury to a person； or to commit murder。 In a word； laws which render that necessary which is only indifferent have this inconvenience； that they make those things indifferent which are absolutely necessary。
The people of Formosa believe＇11＇ that there is a kind of hell； but it is to punish those who at certain seasons have not gone naked； who have dressed in calico and not in silk； who have presumed to look for oysters； or who have undertaken any business without consulting the song of birds； while drunkenness and debauchery are not regarded as crimes。 They believe even that the debauches of their children are agreeable to their gods。
When religion absolves the mind by a thing merely accidental； it loses its greatest influence on mankind。 The people of India believe that the waters of the Ganges have a sanctifying virtue。＇12＇ Those who die on its banks are imagined to be exempted from the torments of the other life； and to be entitled to dwell in a region full of delights； and for this reason the ashes of the dead are sent from the most distant places to be thrown into this river。 Little then does it signify whether they had lived virtuously or not； so they be but thrown into the Ganges。
The idea of a place of rewards has a necessary connection with the idea of the abodes of misery； and when they hope for the former without fearing the latter； the civil laws have no longer any influence。 Men who think themselves sure of the rewards of the other life are above the power of the legislator； they look upon death with too much contempt。 How shall the man be restrained by laws who believes that the greatest pain the magistrate can inflict will end in a moment to begin his happiness？
15。 How false Religions are sometimes corrected by the Civil Laws。 Simplicity； superstition； or a respect for antiquity have sometimes established mysteries or ceremonies shocking to modesty： of this the world has furnished numerous examples。 Aristotle says＇13＇ that in this case the law permits the fathers of families to repair to the temple to celebrate these mysteries for their wives and children。 How admirable the civil law which in spite of religion preserves the manners untainted！
Augustus＇14＇ excluded the youth of either sex from assisting at any nocturnal ceremony； unless accompanied by a more aged relative； and when he revived the Lupercalia；＇15＇ he would not allow the young men to run naked。
16。 How the Laws of Religion correct the Inconveniences of a political Constitution。 On the other hand； religion may support a state when the laws themselves are incapable of doing it。
Thus when a kingdom is frequently agitated by civil wars； religion may do much by obliging one part of the state to remain always quiet。 Among the Greeks； the Eleans； as priests of Apollo； lived always in peace。 In Japan；＇16＇ the city of Meaco enjoys a constant peace； as being a holy city。 Religion supports this regulation； and that empire； which seems to be alone upon earth； and which neither has nor will have any dependence on foreigners； has always in its own bosom a trade which war cannot ruin。
In kingdoms where wars are not entered upon by a general consent； and where the laws have not pointed out any means either of terminating or preventing them； religion establishes times of peace； or cessation from hostilities； that the people may be able to sow their corn and perform those other labours which are absolutely necessary for the subsistence of the state。
Every year all hostility ceases between the Arabian tribes for four months： the least disturbance would then be an impiety。＇17＇ In former times； when every lord in France declared war or peace； religion granted a truce； which was to take place at certain seasons。
17。 The same Subject continued。 When a state has many causes for hatred； religion ought to produce many ways of reconciliation。 The Arabs； a people addicted to robbery； are frequently guilty of doing injury and injustice。 Mahomet enacted this law：＇18＇ 〃If any one forgives the blood of his brother；＇19＇ he may pursue the malefactor for damages and interest； but he who shall injure the wicked； after having received satisfaction； shall； in the day of judgment； suffer the most grievous torments。〃
The Germans inherited the hatred and enmity of their near relatives： but these were not eternal。 Homicide was expiated by giving a certain number of cattle； and all the family received satisfaction： a thing extremely useful； says Tacitus； because enmities are most dangerous among a free people。＇20＇ I believe； indeed； that their ministers of religion； who were held by them in so much credit； were concerned in these reconciliations。
Among the inhabitants of Malacca；＇21＇ where no form of reconciliation is established； he who has committed murder； certain of being assassinated by the relatives or friends of the deceased； abandons himself to fury； and wounds or kills all he meets。
18。 How the Laws of Religion have the Effect of Civil Laws。 The first Greeks were small nations； frequently dispersed； pirates at sea； unjust on land； without government and without laws。 The mighty actions of Hercules and Theseus let us see the state of that rising people。 What could religion do more to inspire them with horro
