英文版論法的精神-53
10. The same Subject continued. As there are scarcely any but persecuting religions that have an extraordinary zeal for being established in other places (because a religion that can tolerate others seldom thinks of its own propagation), it must therefore be a very good civil law, when the state is already satisfied with the established religion, not to suffer the establishment of another.19
This is then a fundamental principle of the political laws in regard to religion; that when the state is at liberty to receive or to reject a new religion it ought to be rejected; when it is received it ought to be tolerated.
11. Of changing a Religion. A prince who undertakes to destroy or to change the established religion of his kingdom must greatly expose himself. If his government be despotic, he runs a much greater risk of seeing a revolution arise from such a proceeding, than from any tyranny whatsoever, and a revolution is not an uncommon thing in such states. The reason of this is that a state cannot change its religion, manners and customs in an instant, and with the same rapidity as the prince publishes the ordinance which establishes a new religion.
Besides, the ancient religion is connected with the constitution of the kingdom and the new one is not; the former agrees with the climate and very often the new one is opposed to it. Moreover, the citizens become disgusted with their laws, and look upon the government already established with contempt; they conceive a jealousy against the two religions, instead of a firm belief in one; in a word, these innovations give to the state, at least for some time, both bad citizens and bad believers.
12. Of penal Laws. Penal laws ought to be avoided in respect to religion: they imprint fear, it is true; but as religion has also penal laws which inspire the same passion, the one is effaced by the other, and between these two different kinds of fear the mind becomes hardened.
The threatenings of religion are so terrible, and its promises so great, that when they actuate the mind, whatever efforts the magistrate may use to oblige us to renounce it, he seems to leave us nothing when he deprives us of the exercise of our religion, and to bereave us of nothing when we are allowed to profess it.
It is not, therefore, by filling the soul with the idea of this great object, by hastening her approach to that critical moment in which it ought to be of the highest importance, that religion can be most successfully attacked: a more certain way is to tempt her by favours, by the conveniences of life, by hopes of fortune; not by that which revives, but by that which extinguishes the sense of her duty; not by that which shocks her, but by that which throws her into indifference at the time when other passions actuate the mind, and those which religion inspires are hushed into silence. As a general rule in changing a religion the invitations should be much stronger than the penalties.
The temper of the human mind has appeared even in the nature of punishments. If we take a survey of the persecutions in Japan,20 we shall find that they were more shocked at cruel torments than at long sufferings, which rather weary than affright, which are the more difficult to surmount, from their appearing less difficult.
In a word, history sufficiently informs us that penal laws have never had any other effect than to destroy.
13. A most humble Remonstrance to the Inquisitors of Spain and Portugal. A Jewess of ten years of age, who was burned at Lisbon at the last auto-da-fé, gave occasion to the following little piece, the most idle, I believe, that ever was written. When we attempt to prove things so evident we are sure never to convince.
The author declares, that though a Jew he has a respect for the Christian religion; and that he should be glad to take away from the princes who are not Christians, a plausible pretence for persecuting this religion.
"You complain," says he to the Inquisitors, "that the Emperor of Japan caused all the Christians in his dominions to be burned by a slow fire. But he will answer, we treat you who do not believe like us, as you yourselves treat those who do not believe like you; you can only complain of your weakness, which has hindered you from exterminating us, and which has enabled us to exterminate you.
"But it must be confessed that you are much more cruel than this emperor. You put us to death who believe only what you believe, because we do not believe all that you believe. We follow a religion which you yourselves know to have been formerly dear to God. We think that God loves it still, and you think that he loves it no more: and because you judge thus, you make those suffer by sword and fire who hold an error so pardonable as to believe that God still loves what he once loved.21
"If you are cruel to us, you are much more so to our children; you cause them to be burned because they follow the inspirations given them by those whom the law of nature and the laws of all nations teach them to regard as gods.
"You deprive yourselves of the advantage you have over the Mahometans, with respect to the manner in which their religion was established. When they boast of the number of their believers, you tell them that they have obtained them by violence, and that they have extended their religion by the sword; why then do you establish yours by fire?
"When you would bring us over to you, we object to a source from which you glory to have descended. You reply to us, that though your religion is new, it is divine; and you prove it from its growing amidst the persecutions of Pagans, and when watered by the blood of your martyrs; but at present you play the part of the Diocletians, and make us take yours.
"We conjure you, not by the mighty God whom both you and we serve, but by that Christ, who, you tell us, took upon him a human form, to propose himself as an example for you to follow; we conjure you to behave to us as he himself would behave were he upon earth. You would have us become Christians, and you will not be so yourselves.
"But if you will not be Christians, be at least men; treat us as you would, if having only the weak light of justice which nature bestows, you had not a religion to conduct, and a revelation to enlighten you.
"If heaven has had so great a love for you as to make you see the truth, you have received a singular favour; but is it for children who have received the inheritance of their father, to hate those who have not?
"If you have this truth, hide it not from us by the manner in which you propose it. The characteristic of truth is its triumph over hearts and minds, and not that impotency which you confess when you would force us to receive it by tortures.
"If you were wise, you would not put us to death for no other reason than because we are unwilling to deceive you. If your Christ is the son of God, we hope he will reward us for being so unwilling to profane his mysteries; and we believe that the God whom both you and we serve will not punish us for having suffered death for a religion which he formerly gave us, only because we believe that he still continues to give it.
"You live in an age in which the light of nature shines more brightly than it has ever done; in which philosophy has enlightened human understanding; in which the morality of your gospel has been better known; in which the respective rights of mankind with regard to each other and the empire which one conscience has over another are best understood. If you do not therefore shake off your ancient prejudices, which, whilst unregarded, mingle with your passions, it must be confessed that you are incorrigible, incapable of any degree of light or instruction; and a nation must be very unhappy that gives authority to such men.
"Would you have us frankly tell you our thoughts? You consider us rather as your enemies than as the enemies of your religion; for if you loved your religion you would not suffer it to be corrupted by such gross ignorance.
"It is necessary that we should warn you of one thing; that is, if any one in times to come shall dare to assert that in the age in which we live, the people of Europe were civilised, you will be cited to prove that they were barbarians; and the idea they will have of you will be such as will dishonour your age and spread hatred over all your contemporaries."
14. Why the Christian Religion is so odious in Japan. We have already mentioned the perverse temper of the people of Japan.22 The magistrates considered the firmness which Christianity inspires, when they attempted to make the people renounce their faith, as in itself most dangerous; they fancied that it increased their obstinacy. The law of Japan punishes severely the least disobedience. The people were ordered to renounce the Christian religion; they did not renounce it; this was disobedience; the magistrates punished this crime; and the continuance in disobedience seemed to deserve another punishment.
Punishments among the Japanese are considered as the revenge of an insult done to the prince; the songs of triumph sung by our martyrs appeared as an outrage against him: the title of martyr provoked the magistrates; in their opinion it signified rebel; they did all in their power to prevent their obtaining it. Then it was that their minds were exasperated, and a horrid struggle was seen between the tribunals that condemned and the accused who suffered; between the civil laws and those of religion.
15. Of the Propagation of Religion. All the people of the East, except the Mahometans, believe all religions in themselves indifferent. They fear the establishment of another religion no otherwise than as a change in government. Among the Japanese, where there are many sects, and where the state has had for so long a time an ecclesiastical superior, they never dispute on religion.23 It is the same with the people of Siam.24 The Calmucks25 do more; they make it a point of conscience to tolerate every species of religion; at Calicut it is a maxim of the state that every religion is good.26
But it does not follow hence, that a religion brought from a far distant country, and quite different in climate, laws, manners, and customs, will have all the success to which its holiness might entitle it. This is more particularly true in great despotic empires: here strangers are tolerated at first, because there is no attention given to what does not seem to strike at the authority of the prince. As they are extremely ignorant, a European may render himself agreeable by the knowledge he communicates: this is very well in the beginning. But as soon as he has any success, when disputes arise and when men who have some interest become informed of it, as their empire, by its very nature, above all things requires tranquillity, and as the least disturbance may overturn it, they proscribe the new religion and those who preach, it: disputes between the preachers breaking out, they begin to entertain a distaste for a religion on which even those who propose it are not agreed.
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1. St. Cyril's Letter.
2. This does not contradict what I have said in the last chapter of the preceding book: I here speak of the motives of attachment of religion, and there of the means of rendering it more general.
3. This has been remarked over all the world. See, as to the Turks, the Missions of the Levant; the Collection of Voyages that Contributed to the Establishment of the East India Company, iii, part I, p. 201 on the Moors of Batavia; and Father Labat on the Mahometan Negroes, &c.
4. The Christian and the Indian religions: these have a hell and a paradise, which the religion of Sintos has not.
5. Entering the mosque of Bochara, he took the Koran, and threw it under his horse's feet. — History of the Tartars, part III, p. 273.
6. Ibid., p. 342.
7. This disposition of mind has been communicated to the Japanese, who, as it may be easily proved, derive their origin from the Tartars.
8. Annals, iii. 60.
9. Numb., 35, 14.
10. Ibid., 16, ff.
11. De Abstinentia animal, ii, § 5.
12. Lilius Giraldus, p. 726.
13. A people of Siberia. See the account given by Mr. Everard Ysbrant Ides, in the Collection of Travels to the North, viii.
14. Mr. Hyde.
15. Laws, x.
16. Rogum vino ne respergito — Law of the Twelve Tables.
17. Cicero derives these appropriate words from Plato, Laws, xii. — ED.
18. Laws, iv.
19. I do not mean to speak in this chapter of the Christian religion; for, as I have elsewhere observed, the Christian religion is our chief blessing. See the end of the preceding chapter, and the Defence of the Spirit of Laws, part II.
20. In the Collection of Voyages that Contributed to the Establishment of the East India Company, v, part 1, p. 192.
21. The source of the blindness of the Jews is their not perceiving that the economy of the Gospel is in the order of the decrees of God and that it is in this light a consequence of his immutability.
22. Book vi. 13.
23. See Kempfer.
24. Forbin, Memoirs.
25. History of the Tartars, part V.
26. Pirard, Travels, 27.