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the spirit of laws-第45章

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It is natural for mankind to set a higher value upon courage than timidity; on activity than prudence; on strength than counsel。 Hence the army will ever despise a senate; and respect their own officers。 They will naturally slight the orders sent them by a body of men whom they look upon as cowards; and therefore unworthy to command them。 So that as soon as the troops depend entirely on the legislative body; it becomes a military government; and if the contrary has ever happened; it has been owing to some extraordinary circumstances。 It is because the army was always kept divided; it is because it was composed of several bodies that depended each on a particular province; it is because the capital towns were strong places; defended by their natural situation; and not garrisoned with regular troops。 Holland; for instance; is still safer than Venice; she might drown or starve the revolted troops; for as they are not quartered in towns capable of furnishing them with necessary subsistence; this subsistence is of course precarious。

In perusing the admirable treatise of Tacitus On the Manners of the Germans;'13' we find it is from that nation the English have borrowed the idea of their political government。 This beautiful system was invented first in the woods。

As all human things have an end; the state we are speaking of will lose its liberty; will perish。 Have not Rome; Sparta; and Carthage perished? It will perish when the legislative power shall be more corrupt than the executive。

It is not my business to examine whether the English actually enjoy this liberty or not。 Sufficient it is for my purpose to observe that it is established by their laws; and I inquire no further。

Neither do I pretend by this to undervalue other governments; nor to say that this extreme political liberty ought to give uneasiness to those who have only a moderate share of it。 How should I have any such design; I who think that even the highest refinement of reason is not always desirable; and that mankind generally find their account better in mediums than in extremes?

Harrington; in his Oceana; has also inquired into the utmost degree of liberty to which the constitution of a state may be carried。 But of him indeed it may be said that for want of knowing the nature of real liberty he busied himself in pursuit of an imaginary one; and that he built a Chalcedon; though he had a Byzantium before his eyes。

7。 Of the Monarchies we are acquainted with。 The monarchies we are acquainted with have not; like that we have been speaking of; liberty for their direct view: the only aim is the glory of the subject; of the state; and of the sovereign。 But hence there results a spirit of liberty; which in those states is capable of achieving as great things; and of contributing as much perhaps to happiness as liberty itself。

Here the three powers are not distributed and founded on the model of the constitution above…mentioned; they have each a particular distribution; according to which they border more or less on political liberty; and if they did not border upon it; monarchy would degenerate into despotic government。

8。 Why the Ancients had not a clear Idea of Monarchy。 The ancients had no notion of a government founded on a body of nobles; and much less on a legislative body composed of the representatives of the people。 The republics of Greece and Italy were cities that had each their own form of government; and convened their subjects within their walls。 Before Rome had swallowed up all the other republics; there was scarcely anywhere a king to be found; no; not in Italy; Gaul; Spain; or Germany; they were all petty states or republics。 Even Africa itself was subject to a great commonwealth: and Asia Minor was occupied by Greek colonies。 There was; therefore; no instance of deputies of towns or assemblies of the states; one must have gone as far as Persia to find a monarchy。

I am not ignorant that there were confederate republics; in which several towns sent deputies to an assembly。 But I affirm there was no monarchy on that model。

The first plan; therefore; of the monarchies we are acquainted with was thus formed。 The German nations that conquered the Roman empire were certainly a free people。 Of this we may be convinced only by reading Tacitus On the Manners of the Germans。 The conquerors spread themselves over all the country; living mostly in the fields; and very little in towns。 When they were in Germany; the whole nation was able to assemble。 This they could no longer do when dispersed through the conquered provinces。 And yet as it was necessary that the nation should deliberate on public affairs; pursuant to their usual method before the conquest; they had recourse to representatives。 Such is the origin of the Gothic government amongst us。 At first it was mixed with aristocracy and monarchy  a mixture attended with this inconvenience; that the common people were bondmen。 The custom afterwards succeeded of granting letters of enfranchisement; and was soon followed by so perfect a harmony between the civil liberty of the people; the privileges of the nobility and clergy; and the prince's prerogative; that I really think there never was in the world a government so well tempered as that of each part of Europe; so long as it lasted。 Surprising that the corruption of the government of a conquering nation should have given birth to the best species of constitution that could possibly be imagined by man!

9。 Aristotle's Manner of Thinking。 Aristotle is greatly puzzled in treating of monarchy。'14' He makes five species; and he does not distinguish them by the form of constitution; but by things merely accidental; as the virtues and vices of the prince; or by things extrinsic; such as tyranny usurped or inherited。

Among the number of monarchies he ranks the Persian empire and the kingdom of Sparta。 But is it not evident that the one was a despotic state and the other a republic?

The ancients; who were strangers to the distribution of the three powers in the government of a single person; could never form a just idea of monarchy。

10。 What other Politicians thought。 To temper monarchy; Arybas; king of Epirus;'15' found no other remedy than a republic。 The Molossi; not knowing how to limit the same power; made two kings;'16' by which means the state was weakened more than the prerogative; they wanted rivals; and they created enemies。 

Two kings were tolerable nowhere but at Sparta; here they did not form; but were only a part of the constitution。

11。 Of the Kings of the heroic Times of Greece。 In the heroic times of Greece; a kind of monarchy arose that was not of long duration。'17' Those who had been inventors of arts; who had fought in their country's cause; who had established societies; or distributed lands among the people; obtained the regal power; and transmitted it to their children。 They were kings; priests; and judges。 This was one of the five species of monarchy mentioned by Aristotle;'18' and the only one that can give us any idea of the monarchical constitution。 But the plan of this constitution is opposite to that of our modern monarchies。

The three powers were there distributed in such a manner that the people were the legislature;'19' and the king had the executive together with the judiciary power; whereas in modern monarchies the prince is invested with the executive and legislative powers; or at least with part of the legislative; but does not act in a judiciary capacity。

In the government of the kings of the heroic times; the three powers were ill…distributed。 Hence those monarchies could not long subsist。 For as soon as the people got the legislative power into their hands; they might; as they everywhere did; upon the very least caprice; subvert the regal authority。

Among a free people possessed of the legislative power; and enclosed within walls; where everything tending towards oppression appears still more odious; it is the masterpiece of legislation to know where to place properly the judiciary power。 But it could not be in worse hands than in those of the person to whom the executive power had been already committed。 From that very instant the monarch became terrible。 But at the same time as he had no share in the legislature; he could make no defence against it; thus his power was in one sense too great; in another too little。

They had not as yet discovered that the true function of a prince was to appoint judges; and not to sit as judge himself。 The opposite policy rendered the government of a single person insupportable。 Hence all these kings were banished。 The Greeks had no notion of the proper distribution of the three powers in the government of one person; they could see it only in that of many; and this kind of constitution they distinguished by the name of Polity。'20'

12。 Of the Government of the Kings of Rome; and in what Manner the three Powers were there distributed。 The government of the kings of Rome had some relation to that of the kings of the heroic times of Greece。 Its subversion; like the latter's; was owing to its general defect; though in its own particular nature it was exceedingly good。

In order to give an adequate idea of this government; I shall distinguish that of
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