Chapter 1-3: People’s Minds should be prepared for the Reception of the best Laws

THIS subject is very extensive.

  • In that croud of ideas, which present themselves to my mind, I shall be more attentive to the order of things than to the things themselves.
  • I shall be obliged to wander to the right and to the left, that I may investigate and discover the truth.

NOTHING could appear more insupportable to the Germans than the tribunal of Varus.

  • That which Justinian§ erected amongst the Lazi, to proceed against the murderers of their king, appeared to them as an affair the most horrid and barbarous.
  • Mithridates, haranguing against the Romans, reproached them more particularly for their* law proceedings.
  • The Parthians could not bear with one of their kings, who, having been educated at Rome, rendered himself affable and easy of access to all.
  • Liberty itself has appeared intolerable to [388] those nations who have not been accustomed to enjoy it.
  • Thus a pure air is sometimes disagreeable to such as have lived in a fenny country.

 

Balbi, a Venetian, being at Pegu, was introduced to the king.

  • When the monarch was informed that they had no king at Venice, he burst into such a fit of laughter that he was seized with a cough, and with difficulty could speak to his courtiers.
  • What legislator could propose a popular government to a people like this?

Chapter 3: Tyranny

THERE are two sorts of tyranny:

  • one real, which arises from oppression;
  • the other is seated in opinion, and is sure to be felt whenever those who govern establish things shocking to the present ideas of a nation.

 

Dio tells us that Augustus was desirous of being called Romulus.

  • but, having been informed that the people feared that he would cause himself to be crowned king, he changed his design.
  • The old Romans were averse to a king because they could not suffer any man to enjoy such power; these would not have a king because they could not bear his manners.
  • For, though Cæsar, the triumvirs, and Augustus, were really invested with regal power.
  • They had preserved all the outward appearance of equality, while their private lives were a kind of contrast to the pomp and luxury of foreign monarchs; so that, when the Romans were resolved to have no king, this only signified that they would [389] preserve their customs, and not imitate those of the African and Eastern nations.

 

The same writer informs us, that the Romans were exasperated against Augustus for making certain laws which were too severe;

  • but, as soon as he had recalled Pylades, the comedian, whom the jarring of different factions had driven out of the city, the discontent ceased.
  • A people of this stamp have a more lively sense of tyranny when a player is banished than when they are deprived of their laws.

Chapter 4: The general Spirit of Mankind

MANKIND are influenced by various causes; by the climate, by the religion, by the laws, by the maxims of government, by precedents, morals, and customs; from whence is formed a general spirit of nations.

In proportion as, in every country, any one of these causes acts with more force, the others, in the same degree, are weakened.

  • Nature and the climate rule almost alone over the savages; customs govern the Chinese; the laws tyrannize in Japan; morals had formerly all their influence at Sparta; maxims of government and the ancient simplicity of manners once prevailed at Rome.

Chapter 5: How far we should be attentive lest the general Spirit of a Nation be changed

 

SHOULD there happen to be a country whose inhabitants were of a social temper, open-hearted, chearful, endowed with taste, and a facility of communicating their thoughts; who were sprightly and agreeable;

  • sometimes imprudent, often indiscreet; and, besides, had courage, generosity, frankness, and a certain notion of honour;
  • no one ought to endeavour to restrain their manners by laws, unless he would lay a restraint on their virtues.
  • If, in general, the character be good, the little foibles that may be found in it are of small importance.

 

They might lay a restraint upon women, enact laws to reform their manners, and to reduce their luxury:

  • But who knows but that, by these means, they might lose that peculiar taste which would be the source of the wealth of the nation, and that politeness which would render the country frequented by strangers?

 

It is the business of the legislature to follow the spirit of the nation when it is not contrary to the principles of government.

  • For we do nothing so well as when we act with freedom, and follow the bent of our natural genius.

 

If an air of pedantry be given to a nation that is naturally gay, the state will gain no advantage from it, either at home or abroad.

  • Leave it to do frivolous things in the most serious manner, and with gaiety the things most serious.