The first Greeks were small nations, frequently dispersed, pirates at sea, unjust on land, without government and with- out 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 horror against murder? It de- clared that the man who had been murdered was enraged against the assassin, that he would possess his mind with ter- ror and trouble, and oblige him to yield to him the places he had frequented when alive.« They could not touch the crim- inal, nor converse with him, without being defiled: a the mur- derer was to be expelled the city, and an expiation made for the crime.ft 19. — That it is not so much the Truth or Falsity of a Doctrine which renders it useful or pernicious to Men in civil Govern- ment, as the Use or Abuse of it The most true and holy doctrines may be attended with the very worst consequences, when they are not connected with r On renouncing the law of retaliation. and what he says of the people of Mas " De Moribus Germanorum." cassar.
t " Collection of Voyages that con- « Plato, of " Laws," lib. IX.
tributed to the establishment of the East a Tragedy of " CEdipus Coloneus."
India Company," vol. vii. p. 303. See h Plato, of " Laws," lib. IX.
also " Memoirs " of the C. de Forbin, THE SPIRIT OF LAWS 39 the principles of society; and on the contrary, doctrines the most false may be attended with excellent consequences, when contrived so as to be connected with these principles.
The religion of Confucius disowns the immortality of the soul: and the sect of Zeno did not believe it. These two sects have drawn from their bad principles consequences, not just indeed, but most admirable as to their influence on society. Those of the religion of Tao, and of Foe,c believe the immor- tality of the soul; but from this sacred doctrine they draw the most frightful consequences.
The doctrine of the immortality of the soul falsely under- stood has, almost in every part of the globe and in every age, engaged women, slaves, subjects, friends, to murder them- selves, that they might go and serve in the other world the ob- ject of their respect or love in this. Thus it was in the West Indies; thus it was among the Danes; d thus it is at present in Japan,^ in Macassar,/" and many other places.
These customs do not so directly proceed from the doctrine of the immortality of the soul as from that of the resurrection of the body, whence they have drawn this consequence, that after death the same individual will have the same wants, the same sentiments, the same passions. In this point of view, the doctrine of the immortality of the soul has a prodigious effect on mankind; because the idea of only a simple change of habitation is more within the reach of the human under- standing, and more adapted to flatter the heart, than the idea of a new modification.
It is not enough for religion to establish a doctrine; it must also direct its influence. This the Christian religion performs in the most admirable manner, particularly with regard to the doctrines of which we have been speaking. It makes us hope for a state, which is the object of our belief; not for a state cA Chinese philosopher reasons thus passion and affection so necessary for against the doctrine of Foe: " It is said, its preservation; hence the disciples of in a book of that sect, that the body is Foe kill themselves by thousands." — our dwelling-place and the soul the im- " Work of an ancient Chinese philosmortal guest which lodges there; but if opher," in the Collection of Du Halde, the bodies of our relatives are only a vol. iii. p. 52.
lodging, it is natural to regard them d See Tho. Bartholin's " Antiquities with the same contempt we should feel of the Danes."
for a structure of earth and dirt. Is not e " An Account of Japan," in the this endeavoring to tear from the heart " Collection of Voyages that contributed the virtue of love to one's own parents? to establish an East India Company."
This leads us even to neglect the care f Forbin's " Memoirs." of the body, and to refuse it the com- 40 MONTESQUIEU which we have already experienced or known: thus every article, even the resurrection of the body, leads us to spiritual ideas.
20. — The same Subject continued The sacred books g of the ancient Persians say, " If you would be holy instruct your children, because all the good ac- tions which they perform will be imputed to you." They ad- vise them to marry betimes, because children at the day of judgment will be as a bridge, over which those who have none cannot pass. These doctrines were false, but extremely use- ful.
21. — Of the Metempsychosis The doctrine of the immortality of the soul is divided into three branches — that of pure immortality, that of a simple change of habitation, and that of a metempsychosis, that is, the system of the Christians, that of the Scythians, and that of the Indians. We have just been speaking of the first two, and I shall say of the last, that as it has been well or ill explained, it has had good or bad effects. As it inspires men with a cer- tain horror against bloodshed, very few murders are committed in the Indies; and though they seldom punish with death, yet they enjoy a perfect tranquillity.
On the other hand, women burn themselves at the death of their husbands; thus it is only the innocent who sufifer a vio- lent death.
22. — That it is dangerous for Religion to inspire an Aversion for Things in themselves indifferent A kind of honor established in the Indies by the prejudices of religion has made the several tribes conceive an aversion against each other. This honor is founded entirely on religion; these family distinctions form no civil distinctions; there are Indians who would think themselves dishonored by eating with their king.
These sorts of distinctions are connected with a certain aver- sion for other men, very different from those sentiments which naturally arise from difference of rank; which among us com- prehends a love for inferiors.
g Mr. Hyde.
THE SPIRIT OF LAWS 41 The laws of religion should never inspire an aversion to anything but vice, and above all they should never estrange man from a love and tenderness for his own species.
The Mahommedan and Indian religions embrace an infinite number of people; the Indians hate the Mahommedans, because they eat cows; the Mahommedans detest the Indians because they eat hogs.
23. — Of Festivals When religion appoints a cessation from labor it ought to have greater regard to the necessities of mankind than to the grandeur of the being it designs to honor.
Athens was subject to great inconveniences from the exces- sive number of its festivals./* These powerful people, to whose decision all the cities of Greece came to submit their quarrels, could not have time to despatch such a multiplicity of aflFairs.
When Constantine ordained that the people should rest on the Sabbath, he made this decree for the cities,* and not for the inhabitants of the open country; he was sensible that labor in the cities was useful, but in the fields necessary.
For the same reason, in a country supported by commerce, the number of festivals ought to be relative to this very com- merce. Protestant and Catholic countries are situated in such a manner that there is more need of labor in the former than in the latter; / the suppression of festivals is, therefore, more suitable to Protestant than to Catholic countries.
Dampier observes that the diversions of different nations vary greatly, according to the climate.^ As hot climates pro- duce a quantity of delicate fruits, the barbarians easily find necessaries, and, therefore, spend much time in diversions. The Indians of colder countries have not so much leisure, be- ing obliged to fish and hunt continually; hence they have less music, dancing, and festivals. If a new religion should be established among these people, it ought to have regard to this in the institution of festivals.
h Xenophon " on the Republic of j The Catholics lie more towards the Athens." south, and the Protestants towards the » Leg. 3, cod. " de Feriis." This law north.
was doubtless made only for the Pagans, k Dampier's " Voyages," vol. iu 42 MONTESQUIEU 24. — Of the local Laws of Religion There are many local laws in various religions; and when Montezuma with so much obstinacy insisted that the religion of the Spaniards was good for their country, and his for Mex- ico, he did not assert an absurdity; because, in fact, legislators could never help having a regard to what nature had estab- lished before them.
The opinion of the metempsychosis is adapted to the climate of the Indies. An excessive heat burns up all the country: / they can breed but very few cattle; they are always in danger of wanting them for tillage; their black cattle multiply but in- differently; m and they are subject to many distempers. A law of religion which preserves them is, therefore, more suitable to the policy of the country.
While the meadows are scorched, rice and pulse, by the as- sistance of water, are brought to perfection; a law of religion which permits only this kind of nourishment must, therefore, be extremely useful to men in those climates.
The flesh of cattle in that country is insipid," but the milk and butter which they receive from them serve for a part of their subsistence; therefore, the law which prohibits the eat- ing and killing of cows is in the Indies not unreasonable.
Athens contained a prodigious multitude of people, but its territory was barren. It was, therefore, a religious maxim with this people, that those who offered some small presents to the gods honored them more than those who sacrificed an ox.o 25. — The Inconvenience of transplanting a Religion from one Country to another It follows hence that there are frequently many inconven- iences attending the transplanting a religion from one country to any other.
" The hog," says Mr. de Boulainvilliers,/' " must be very scarce in Arabia, where there are almost no woods, and hardly anything fit for the nourishment of these animals; besides, the saltness of the water and food renders the people most sus- ceptible of cutaneous disorders." This local law could not be 137. o Euripides, in " Athenaeus," lib. II.
tn " Edifying Letters," Col. 12, p. 95. p " Life of Mahomet."
THE SPIRIT OF LAWS 43 good in other countries,? where the hog is almost a universal, and in some sort a necessary, nourishment.
I shall here make a reflection. Sanctorius has observed that pork transpires but little,'' and that this kind of meat greatly hinders the transpiration of other food; he has found that this diminution amounts to a third.^ Besides, it is known that the want of transpiration forms or increases the disorders of the skin. The feeding on pork ought rather to be prohibited in climates where the people are subject to these disorders, as in Palestine, Arabia, Egypt, and Libya.
26. — The same Subject continued Sir John Chardin says t that there is not a navigable river in Persia, except the Kur, which is at the extremity of the em- pire. The ancient law of the Gaurs which prohibited sailing on rivers was not, therefore, attended with any inconvenience in this country, though it would have ruined the trade of an- other.
Frequent bathings are extremely useful in hot climates. On this account they are ordained in the Mahommedan law and in the Indian religion. In the Indies it is a most meritorious act to pray to God in the running stream; " but how could these things be performed in other climates?
When a religion adapted to the climate of one country clashes too much with the climate of another it cannot be there established; and whenever it has been introduced it has been afterwards discarded. It seems to all human appearance as if the climate had prescribed the bounds of the Christian and the Mahommedan religions.
It follows hence, that it is almost always proper for a religion to have particular doctrines, and a general worship. In laws concerning the practice of religious worship there ought to be but few particulars; for instance, they should command mortification in general and not a certain kind of mortification. Christianity is full of good sense; abstinence is of divine insti- tution; but a particular kind of abstinence is ordained by hu- man authority, and, therefore, may be changed.
q As in China. s Ibid.
r " Medicina Statica," sect. 3, aphor. * " Travels into Persia," vol. ii.
BOOK XXV OF LAWS IN RELATION TO THE ESTABLISH- MENT OF RELIGION AND ITS EXTERNAL POLITY I. — Of Religious Sentiments THE pious man and the atheist always talk of religion; the one speaks of what he loves, and the other of what he fears.
2. — Of the Motives of Attachment to different Religions The different religions of the world do not give to those who profess them equal motives of attachment; this depends great- ly on the manner in which they agree with the turn of thought and perceptions of mankind.
We are extremely addicted to idolatry, and yet have no great inclination for the religion of idolaters; we are not very fond of spiritual ideas, and yet are most attached to those religions which teach us to adore a spiritual being. This proceeds from the satisfaction we find in ourselves at having been so intel- ligent as to choose a religion which raises the deity from that baseness in which he had been placed by others. We look upon idolatry as the religion of an ignorant people, and the religion which has a spiritual being for its object as that of the most enlightened nations.
When with a doctrine that gives us the idea of a spiritual supreme being we can still join those of a sensible nature and admit them into our worship, we contract a greater attachment to religion; because those motives which we have just men- tioned are added to our natural inclinations for the objects of sense. Thus the Catholics, who have more of this kind of wor- ship than the Protestants, are more attached to their religion than the Protestants are to theirs, and more zealous for its propagation.
44 THE SPIRIT OF LAWS 45 When the people of Ephesus were informed that the fathers of the council had declared they might call the Virgin Mary the Mother of God, they were transported with joy, they kissed the hands of the bishops, they embraced their knees, and the whole city resounded with acclamations.o When an intellectual religion superadds a choice made by the deity, and a preference for those who profess it over those who do not, this greatly attaches us to religion. The Ma- hommedans would not be such good Mussulmans if, on the one hand, there were not idolatrous nations who make them im- agine themselves the champions of the unity of God; and on the other Christians, to make them believe that they are the objects of his preference.
A religion burdened with many ceremonies & attaches us to it more strongly than that which has a fewer number. We have an extreme propensity to things in which we are con- tinually employed: witness the obstinate prejudices of the Ma- hommedans and the Jews,c and the readiness with which barbar- ous and savage nations change their religion, who, as they are employed entirely in hunting or war, have but few religious ceremonies.
Men are extremely inclined to the passions of hope and fear; a religion, therefore, that had neither a heaven nor a hell, could hardly please them. This is proved by the ease with which foreign religions have been established in Japan, and the zeal and fondness with which they were received.<i In order to raise an attachment to religion it is necessary^ that it should inculcate pure morals. Men who are knaves by retail are extremely honest in the gross; they love morality. And were I not treating of so grave a subject I should say that this appears remarkably evident in our theatres: we are sure of pleasing the people by sentiments avowed by morality; we are sure of shocking them by those it disapproves.
When external worship is attended with great magnificence a St. Cyril's " Letter." of Voyages that contributed to the esb This does not contradict what I have tablishment _of an East India Comsaid in the last chapter of the preceding pany," vol. iii. p. 201, on the Moors of book: I here speak of the motives of Bavaria; and Father Labat on the attachment of religion, and there of the " Mahommedan Negroes," etc.
means of rendering it more general. d The Christian and the Indian rec This has been remarked all over the ligions: these have a hell and a para- world. See, as to the Turks, the " Mis- • dise, which the religion of Sintos has sions of the Levant "; the " Collection not.
46 MONTESQUIEU it flatters our minds and strongly attaches us to religion. The riches of temples and those of the clergy greatly affect us. Thus even the misery of the people is a motive that renders them fond of a religion which has served as a pretext to those who were the cause of their misery.
3. — Of Temples Almost all civilized nations dwell in houses; hence naturally arose the idea of building a house for God in which they might adore and seek him, amidst all their hopes and fears.
And, indeed, nothing is more comfortable to mankind than a place in which they may find the deity peculiarly present, and where they may assemble together to confess their weak- ness, and tell their griefs.
But this natural idea never occurred to any but such as culti- vated the land; those who have no houses for themselves were never known to build temples.
This was the cause that made Jenghiz Khan discover such a prodigious contempt for mosques.^ This prince examined the Mahomedans; f he approved of all their doctrines, except that of the necessity of going to Mecca; he could not comprehend why God might not be everywhere adored. As the Tartars did not dwell in houses they could have no idea of temples. . Those people who have no temples have but a small attach- ment to their own religion. This is the reason why the Tar- tars have in all times given so great a toleration; g why the barbarous nations, who conquered the Roman Empire did not hesitate a moment to embrace Christianity; why the savages >* of America have so little fondness for their own religion; why, since our missionaries have built churches in Paraguay, the natives of that country have become so zealous for ours.
As the deity is the refuge of the unhappy, and none are more unhappy than criminals, men have been naturally led to think temples an asylum for those wretches.^ This idea appeared still more natural to the Greeks, where murderers, chased from e Entering the mosque of Bochara, he g This disposition of mind has been took the Koran, and threw it under his communicated to the Japanese, who, as horse's feet.—" Hist, of the Tartars," p. it may be easily proved, derive their 273. origin from the Tartars.
THE SPIRIT OF LAWS 47 their city and the presence of men, seemed to have no houses but the temples, nor other protectors than the gods.
At first these were only designed for involuntary homicides; but when the people made them a sanctuary for those who had committed great crimes they fell into a gross contradiction. If they had ofifended men they had much greater reason to believe they had offended the gods.
These asylums multiplied in Greece. The temples, says Tacitus,* were filled with insolvent debtors and wicked slaves; the magistrate found it difficult to exercise his office; the peo- ple protected the crimes of men as the ceremonies of the gods; at length the Senate was obliged to retrench a great number of them.
The laws of Moses were perfectly wise. The man who in- voluntarily killed another was innocent; but he was obliged to be taken away from before the eyes of the relatives of the de- ceased. Moses, therefore, appointd an asylum for such un- fortunate people.; The perpetrators of great crimes deserved not a place of safety, and they had none: k the Jews had only a portable tabernacle, which continually changed its place; this excluded the idea of a sanctuary. It is true that they had afterwards a temple; but the criminals who would resort thither from all parts might disturb the divine service. If per- sons who had committed manslaughter had been driven out of the country, as was customary among the Greeks, they had reason to fear that they would worship strange gods. All these considerations made them establish cities of safety, where they might stay till the death of the high-priest.
4. — Of the Ministers of Religion The first men, says Porphyry,/ sacrificed only vegetables. In a worship so simple every one might be priest in his own family.
The natural desire of pleasing the deity multiplied cere- monies. Hence it followed, that men employed in agriculture became incapable of observing them all and of filling up the number.
Particular places were consecrated to the gods; it then be- « " Annal." lib. II. k Ibid.
/ Numb. XXXV, / " De Abstinentia animal." II. $• 48 MONTESQUIEU came necessary that they should have ministers to take care of them; in the same manner as every citizen took care of his house and domestic aflfairs. Hence the people who have no priests are commonly barbarians; such were formerly the Pedalians,»» and such are still the Wolgusky.« Men consecrated to the deity ought to be honored, especially among people who have formed an idea of a personal purity necessary to approach the places most agreeable to the gods, and for the performance of particular ceremonies.
The worship of the gods requiring a continual application, most nations were led to consider the clergy as a separate body. Thus, among the Egyptians, the Jews, and the Per- sians,o they consecrated to the deity certain families who per- formed and perpetuated the service. There have been even religions which have not only estranged ecclesiastics from business, but have also taken away the embarrassments of a family; and this is the practice of the principal branch of Chris- tianity.
I shall not here treat of the consequences of the law of celib- acy: it is evident that it may become hurtful in proportion as the body of the clergy may be too numerous; and, in con- sequence of this, that of the laity too small.
By the nature of the human understanding we love in re- ligion everything which carries the idea of difficulty; as in point of morality we have a speculative fondness for everything which bears the character of severity. Celibacy has been most agreeable to those nations to whom it seemed least adapted, and with whom it might be attended with the most fatal con- sequences. In the southern countries of Europe, where, by the nature of the climate, the law of celibacy is more difficult to observe, it has been retained; in those of the north, where the passions are less lively, it has been banished. Further, in countries where there are but few inhabitants it has been ad- mitted; in those that are vastly populous it has been rejected. It is obvious that these reflections relate only to the too great extension of celibacy, and not to celibacy itself.
m Lilius Giraldus, p. 726. Ides, in the " Collection of Travels to n A people of Siberia. See the ac- the North," vol. viii, count given by Mr, Everard Ysbrant 0 Mr. Hyde.
THE SPIRIT OF LAWS 49 5. — Of the Bounds which the Laws ought to prescribe to the Riches of the Clergy As particular families may be extinct, their wealth cannot be a perpetual inheritance. The clergy is a family which cannot be extinct; wealth is, therefore, fixed to it forever, and cannot go out of it.
Particular families may increase; it is necessary then that their wealth should also increase. The clergy is a family which ought not to increase; their wealth ought then to be limited.
We have retained the regulations of the Levitical laws as to the possessions of the clergy, except those relating to the bounds of these possessions; indeed, among us we must ever be ignorant of the limit beyond which any religious community can no longer be permitted to acquire..— These endless acquisitions appear to the people so unrea- sonable that he who should speak in their defence would be regarded as an idiot.
The civil laws find sometimes many difificulties in altering established abuses, because they are connected with things worthy of respect; in this case an indirect proceeding would be a greater proof of the wisdom of the legislator than another which struck directly at the thing itself. Instead of prohibiting the acquisitions of the clergy we should seek to give them a distaste for them; to leave them the right and to take away the deed.
In some countries of Europe, a respect for the privileges of the nobility has established in their favor a right of indem- nity over immovable goods acquired in mortmain. The inter- est of the prince has in the same case made him exact a right of amortization. In Castile, where no such right prevails, the clergy have seized upon everything. In Aragon, where there is some right of amortization, they have obtained less; in France, where this right and that of indemnity are established, they have acquired less still; and it may be said that the pros- perity of this kingdom is in a great measure owing to the ex- ercise of these two rights. If possible, then, increase these rights, and put a stop to the mortmain.
Render the ancient and necessary patrimony of the clergy Vol. II.— 4 5© MONTESQUIEU sacred and inviolable, let it be fixed and eternal like that body itself, but let new inheritances be out of their power.
Permit them to break the rule when the rule has become an abuse; suffer the abuse when it enters into the rule.
They still remember in Rome a certain memorial sent thither on some disputes with the clergy, in which was this maxim: " The clergy ought to contribute to the expenses of the state, let the Old Testament say what it will." They concluded from this passage that the author of this memorial was better versed in the language of the tax-gatherers, than in that of religion.
6. — Of Monasteries The least degree of common sense will let us see that bodies designed for a perpetual continuance should not be allowed to sell their funds for life, nor to borrow for life; unless we want them to be heirs to all those who have no relatives and to those who do not choose to have any. These men play against the people, but they hold the bank themselves.
7. — Of the Luxury of Superstition " Those are guilty of impiety towards the gods," says Plato,/* " who deny their existence; or who, while they believe it, maintain that they do not interfere with what is done below; or, in fine, who think that they can easily appease them by sacrifices: three opinions equally pernicious." Plato has here said all that the clearest light of nature has ^ver been able to say in point of religion. The magnificence of external worship has a principal connection with the institution of the state. In good republics, they have curbed not only the luxury of vanity, but even that of superstition. They have introduced frugal laws into religion. Of this number are many of the laws of Solon; many of those of Plato on funerals, adopted by Cicero; and, in fine, some of the laws of Numa on sacrifices.9 Birds, says Cicero,^ and paintings begun and finished in a day are gifts the most divine. We offer common things, says a Spartan,^ that we may always have it in our power to honor the gods.
p " Of Laws," book X. words from Plato (" Laws," book XII.).
g"Rogum vino ne respergito."— — Ed.
" Law of the Twelve Tables/' s Plutarch attributes this beautiful idea r Cicero derives these appropriate to Lycurgus.— Ed, THE SPIRIT OF LAWS 51 The desire of man to pay his worship to the deity is very different from the magnificence of this worship. Let us not offer our treasures to him if we are not proud of showing that we esteem what he would have us despise.
" What must the gods think of the gifts of the impious," said the admirable Plato, " when a good man would blush to receive presents from a villain? " Religion ought not, under the pretence of gifts, to draw from the people what the necessity of the state has left them; but as Plato says,^ " The chaste and the pious ought to offer gifts which resemble themselves."
Nor is it proper for religion to encourage expensive funerals. What is there more natural than to take away the difference of fortune in a circumstance and in the very moment which equals all fortunes?
8. — Of the Pontificate When religion has many ministers it is natural for them to have a chief and for a sovereign pontiff to be established. In monarchies, where the several orders of the state cannot be kept too distinct, and where all powers ought not to be lodged in the same person, it is proper that the pontificate be distinct from the empire. The same necessity is not to be met with in a despotic government, the nature of which is to unite all the different powers in the same person. But in this case it may happen, that the prince may regard religion as he does the laws themselves, as dependent on his own will. To prevent this inconvenience, there ought to be monuments of religion, for instance, sacred books which fix and establish it. The King of Persia is the chief of the religion; but this religion is regulated by the Koran. The Emperor of China is the sovereign pontiff; but there are books in the hands of everybody to which he himself must conform. In vain a certain emperor attempted to abolish them; they triumphed over tyranny.