the spirit of laws-第79节
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de； the manners of the Romans were most admirable。 The guardianship was given to the nearest relative of the infant； from a consideration that he ought to have the trouble of the tutelage who might enjoy the advantage of possessing the inheritance。 They did not imagine the life of the heir in danger though it was put into a person's hands who would reap a benefit by his death。 But when the manners of Rome were changed； her legislators altered their conduct。 〃If； in the pupillary substitution；〃 say Gaius＇29＇ and Justinian；＇30＇ 〃the testator is afraid that the substitute will lay any snares for the pupil； he may leave the vulgar substitution open；＇31＇ and put the pupillary into a part of the testament； which cannot be opened till after a certain time。〃 These fears and precautions were unknown to the primitive Romans。
25。 The same Subject continued。 The Roman law gave the liberty of making presents before marriage； after the marriage they were not allowed。 This was founded on the manners of the Romans； who were led to marriage only by frugality； simplicity； and modesty； but might suffer themselves to be seduced by domestic cares； by complacency； and the constant tenor of conjugal felicity。
A law of the Visigoths＇32＇ forbade the man giving more to the woman he was to marry than the tenth part of his substance； and his giving her anything during the first year of their marriage。 This also took its rise from the manners of the country。 The legislators were willing to put a stop to that Spanish ostentation which only led them to display an excessive liberality in acts of magnificence。
The Romans by their laws put a stop to some of the inconveniences which arose from the most durable empire in the world that of virtue； the Spaniards； by theirs； would prevent the bad effects of a tyranny the most frail and transitory that of beauty。
26。 The same Subject continued。 The law of Theodosius and Valentinian＇33＇ drew the causes of repudiation from the ancient manners and customs of the Romans。＇34＇ It placed in the number of these causes the behaviour of the husband who beat his wife＇35＇ in a manner that disgraced the character of a free…born woman。 This cause was omitted in the following laws：＇36＇ for their manners； in this respect； had undergone a change； the eastern customs having banished those of Europe。 The first eunuch of the empress； wife to Justinian II； threatened； says the historian； to chastise her in the same manner as children are punished at school。 Nothing but established manners； or those which they were seeking to establish； could raise even an idea of this kind。
We have seen how the laws follow the manners of a people； let us now observe how the manners follow the laws。
27。 How the Laws contribute to form the Manners； Customs； and Character of a Nation。 The customs of an enslaved people are a part of their servitude； those of a free people are a part of their liberty。
I have spoken in the eleventh book＇37＇ of a free people； and have given the principles of their constitution： let us now see the effects which follow from this liberty； the character it is capable of forming； and the customs which naturally result from it。
I do not deny that the climate may have produced a great part of the laws； manners； and customs of this nation； but I maintain that its manners and customs have a close connection with its laws。
As there are in this state two visible powers the legislative and executive； and as every citizen has a will of his own； and may at pleasure assert his independence； most men have a greater fondness for one of these powers than for the other； and the multitude have commonly neither equity nor sense enough to show an equal affection to both。
And as the executive power； by disposing of all employments； may give great hopes； and no fears； every man who obtains any favour from it is ready to espouse its cause； while it is liable to be attacked by those who have nothing to hope from it。
All the passions being unrestrained； hatred； envy； jealousy； and an ambitious desire of riches and honours； appears in their extent； were it otherwise； the state would be in the condition of a man weakened by sickness； who is without passions because he is without strength。
The hatred which arises between the two parties will always subsist； because it will always be impotent。
These parties being composed of freemen； if the one becomes too powerful for the other； as a consequence of liberty； this other is depressed； while the citizens take the weaker side with the same readiness as the hands lend their assistance to remove the infirmities and disorders of the body。
Every individual is independent； and being commonly led by caprice and humour； frequently changes parties； he abandons one where he left all his friends； to unite himself to another in which he finds all his enemies： so that in this nation it frequently happens that the people forget the laws of friendship； as well as those of hatred。
The sovereign is here in the same case with a private person； and against the ordinary maxims of prudence is frequently obliged to give his confidence to those who have most offended him； and to disgrace the men who have best served him： he does that by necessity which other princes do by choice。
As we are afraid of being deprived of the blessing we already enjoy； and which may be disguised and misrepresented to us； and as fear always enlarges objects； the people are uneasy under such a situation； and believe themselves in danger； even in those moments when they are most secure。
As those who with the greatest warmth oppose the executive power dare not avow the self…interested motives of their opposition； so much the more do they increase the terrors of the people； who can never be certain whether they are in danger or not。 But even this contributes to make them avoid the real dangers； to which they may； in the end； be exposed。
But the legislative body having the confidence of the people； and being more enlightened than they； may calm their uneasiness； and make them recover from the bad impressions they have entertained。
This is the great advantage which this government has over the ancient democracies； in which the people had an immediate power； for when they were moved and agitated by the orators； these agitations always produced their effect。
But when an impression of terror has no certain object； it produces only clamour and abuse； it has； however； this good effect； that it puts all the springs of government into motion； and fixes the attention of every citizen。 But if it arises from a violation of the fundamental laws； it is sullen； cruel； and produces the most dreadful catastrophes。
Soon we should see a frightful calm； during which every one would unite against that power which had violated the laws。
If； when the uneasiness proceeds from no certain object； some foreign power should threaten the state； or put its prosperity or its glory in danger； the little interests of party would then yield to the more strong and binding； and there would be a perfect coalition in favour of the executive power。
But if the disputes were occasioned by a violation of the fundamental laws； and a foreign power should appear； there would be a revolution that would neither alter the constitution nor the form of government。 For a revolution formed by liberty becomes a confirmation of liberty。
A free nation may have a deliverer： a nation enslaved can have only another oppressor。
For whoever is able to dethrone an absolute prince has a power sufficient to become absolute himself。
As the enjoyment of liberty； and even its support and preservation； consists in every man's being allowed to speak his thoughts； and to lay open his sentiments； a citizen in this state will say or write whatever the laws do not expressly forbid to be said or written。
A people like this； being always in a ferment； are more easily conducted by their passions than by reason； which never produces any great effect in the mind of man； it is therefore easy for those who govern to make them undertake enterprises contrary to their true interest。
This nation is passionately fond of liberty； because this liberty is real； and it is possible for it； in its defence； to sacrifice its wealth； its ease； its interest； and to support the burden of the heaviest taxes； even such as a despotic prince durst not lay upon his subjects。
But as the people have a certain knowledge of the necessity of submitting to those taxes； they pay them from the well…founded hope of their discontinuance； their burdens are heavy； but they do not feel their weight； whilst in other states the uneasiness is infinitely greater than the evil。
This nation must therefore have a fixed and certain credit； because it borrows of itself and pays itself。 It is possible for it to undertake things above its natural strength； and employ against its enemies immense sums of fictitious riches； which the credit and nature of the government may render real。
To preserve its liberty； it borrows of its subjects： and the subjects； seeing that its credit would be lost if ever it were conquered； have a new motive to make fresh efforts in defence of its liberty。
This nation； in
