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the spirit of laws-第64章

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: to an increase of labour they have joined an increase of gain; and have gone so far as to make those people better pleased with their condition than with any other which they could have embraced。

No labour is so heavy but it may be brought to a level with the workman's strength; when regulated by equity; and not by avarice。 The violent fatigues which slaves are made to undergo in other parts may be supplied by a skilful use of ingenious machines。 The Turkish mines in the Bannat of Temesw?r; though richer than those of Hungary; did not yield so much; because the working of them depended entirely on the strength of their slaves。

I know not whether this article be dictated by my understanding or by my heart。 Possibly there is not that climate upon earth where the most laborious services might not with proper encouragement be performed by freemen。 Bad laws having made lazy men; they have been reduced to slavery because of their laziness。

9。 Several Kinds of Slavery。 Slavery is of two kinds; real and personal。 The real annexes the slave to the land; which Tacitus makes'11' the condition of slaves among the Germans。 They were not employed in the family: a stated tribute of corn; cattle; or other movables; paid to their master; was the whole of their servitude。 And such a servitude still continues in Hungary; Bohemia; and several parts of Lower Germany。

Personal slavery consists in domestic services; and relates more to the master's person。

The worst degree of slavery is when it is at once both real and personal; as that of the Helotes among the Laced?monians。 They underwent the fatigues of the field; and suffered all manner of insults at home。 This helotism is contrary to the nature of things。 Real slavery is to be found only among nations remarkable for their simplicity of life:'12' all family business being done by the wives and children。 Personal slavery is peculiar to voluptuous nations; luxury requiring the service of slaves in the house。 But helotism joins in the same person the slavery established by voluptuous nations and that of the most simple。

10。 Regulations necessary in respect to Slavery。 But of whatsoever kind the slavery be; the civil laws should endeavour on the one hand to abolish the abuses of it; and on the other to guard against its dangers。

11。 Abuses of Slavery。 In Mahometan states;'13' not only the life and goods of female slaves; but also what is called their virtue or honour; are at their master's disposal。 One of the misfortunes of those countries is that the greatest part of the nation are born only to be subservient to the pleasures of the other。 This servitude is alleviated by the laziness in which such slaves spend their days; which is an additional disadvantage to the state。

It is this indolence which renders the eastern seraglios so delightful to those very persons whom they were made to confine。'14' People who dread nothing but labour may imagine themselves happy in those places of indolence and ease。 But this shows how contrary they are to the very intent of the institution of slavery。

Reason requires that the master's power should not extend to what does not appertain to his service: slavery should be calculated for utility; and not for pleasure。 The laws of chastity arise from those of nature; and ought in all nations to be respected。

If a law which preserves the chastity of slaves be good in those states where an arbitrary power bears down all before it; how much more will it be so in monarchies; and how much more still in republics?

The law of the Lombards'15' has a regulation which ought to be adopted by all governments。 〃If a master debauches his slave's wife; the slave and his wife shall be restored to their freedom。〃 An admirable expedient; which; without severity; lays a powerful restraint on the incontinence of masters!

The Romans seem to have erred on this head。 They allowed an unlimited scope to the master's lusts; and; in some measure; denied their slaves the privilege of marrying。 It is true; they were the lowest part of the nation; yet there should have been some care taken of their morals; especially as in prohibiting their marriage they corrupted the morals of the citizens。

12。 Danger from the Multitude of Slaves。 The multitude of slaves has different effects in different governments。 It is no grievance in a despotic state; where the political servitude of the whole body takes away the sense of civil slavery。 Those who are called freedmen in reality are little more so than they who do not come within that class; and as the latter; in quality of eunuchs; freedmen; or slaves; have generally the management of all affairs; the condition of a freedman and that of a slave are very nearly allied。 This makes it therefore almost a matter of indifference whether in such states the slaves be few or numerous。

But in moderate governments it is a point of the highest importance that there should not be a great number of slaves。 The political liberty of those states adds to the value of civil liberty; and he who is deprived of the latter is also bereft of the former。 He sees the happiness of a society; of which he is not so much as a member; he sees the security of others fenced by laws; himself without any protection。 He perceives that his master has a soul; capable of enlarging itself: while his own labours under a continual depression。 Nothing more assimilates a man to a beast than living among freedmen; himself a slave。 Such people as these are natural enemies of society; and their number must be dangerous。

It is not therefore to be wondered at that moderate governments have been so frequently disturbed by the revolts of slaves; and that this so seldom happens in despotic states。'16'

13。 Of armed Slaves。 The danger of arming slaves is not so great in monarchies as in republics。 In the former; a warlike people and a body of nobility are a sufficient check upon these armed slaves; whereas the pacific members of a republic would have a hard task to quell a set of men who; having offensive weapons in their hands; would find themselves a match for the citizens。

The Goths; who conquered Spain; spread themselves over the country; and soon became very weak。 They made three important regulations: they abolished an ancient custom which prohibited intermarriages with the Romans;'17' they enacted that all the freedmen'18' belonging to the Fiscus should serve in war; under penalty of being reduced to slavery; and they ordained that each Goth should arm and bring into the field the tenth part of his slaves。'19' This was but a small proportion: besides; these slaves thus carried to the field did not form a separate body; they were in the army; and might be said to continue in the family。

14。 The same Subject continued。 When a whole nation is of a martial temper; the slaves in arms are less to be feared。

By a law of the Alemans; a slave who had committed a clandestine theft'20' was liable to the same punishment as a freedman in the like case; but if he was found guilty of an open robbery;'21' he was only bound to restore the things so taken。 Among the Alemans; courage and intrepidity extenuated the guilt of an action。 They employed their slaves in their wars。 Most republics have been attentive to dispirit their slaves; but the Alemans; relying on themselves and being always armed; were so far from fearing theirs that they were rather for augmenting their courage; they were the instruments either of their depredations or of their glory。

15。 Precautions to be used in Moderate Governments。 Lenity and humane treatment may prevent the dangers to be apprehended from the multitude of slaves in a moderate government。 Men grow reconciled to everything; and even to servitude; if not aggravated by the severity of the master。 The Athenians treated their slaves with great lenity; and this secured that state from the commotions raised by the slaves among the austere Laced?monians。

It does not appear that the primitive Romans met with any trouble from their slaves。 Those civil broils which have been compared to the Punic wars were the consequence of their having divested themselves of all humanity towards their slaves。'22'

A frugal and laborious people generally treat their slaves more kindly than those who are above labour。 The primitive Romans used to live; work; and eat with their slaves; in short; they behaved towards them with justice and humanity。 The greatest punishment they made them suffer was to make them pass before their neighbours with a forked piece of wood on their backs。 Their manners were sufficient to secure the fidelity of their slaves; so that there was no necessity for laws。

But when the Romans aggrandised themselves; when their slaves were no longer the companions of their labour; but the instruments of their luxury and pride; as they then wanted morals; they had need of laws。 It was even necessary for these laws to be of the most terrible kind; in order to establish the safety of those cruel masters who lived with their slaves as in the midst of enemies。

They made the Sillanian Senatus…Consultum; and other laws;'23' which decreed that when a master was murdered all the slaves under the same roof; or in any place so near the house as to be 
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