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Front Page arrow Titles (by Subject) arrow LETTER CXXIX.: Usbek to Rhedi, at Venice. - Complete Works, vol. 3 (Grandeur and Declension of the Roman Empire; A Dialogue between Sylla and Eucrates; Persian Letters)

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Subject Area: Political Theory
Subject Area: History
Collection: Banned Books

LETTER CXXIX.: Usbek to Rhedi, at Venice. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 3 (Grandeur and Declension of the Roman Empire; A Dialogue between Sylla and Eucrates; Persian Letters) [1721]

Edition used:

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 3.

Part of: Complete Works of Montesquieu, 4 vols.

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LETTER CXXIX.

Usbek to Rhedi, at Venice.

THE greater part of the legislators were men of confined understandings, whom chance put at the head of others, and who scarcely consulted any thing but their own prejudices and fancies. They appear not to have known the greatness and dignity of their employment: they amused themselves in forming childish institutions, by which, indeed, they conformed themselves to weaker understandings, but disgraced themselves with men of good sense. They plunged themselves into disadvantageous circumstances; and run into particular cares: which is the sign of a narrow genius, which sees things only by parts, incapable of taking a general view. Some affected to make use of a language different from the vulgar; an absurd thing in a maker of laws; for how should the people observe what they do not understand? They often abolished needlessly, those laws that were established; thereby plunging the people into disorders inseparable from changes. It is true, that on account of a strange turn that springs rather from the head than the heart, it is sometimes necessary to change certain laws. But it is an uncommon case; and when it happens, it should be touched with a timorous hand: they ought to observe much solemnity in doing it, and conduct it with such precautions, that the people may naturally conceive that the laws are very sacred, since so many formalities are necessary to be observed in repealing them. They have often made them too refined, and have followed logical ideas, rather than natural equity. In process of time they were found to be severe; and men thought themselves obliged in equity to deviate from them; but this remedy was a new inconvenience. Be the laws of what nature they will, they should be always punctually adhered to, and considered as the conscience of the public, to which that of individuals should always be conformable. We should however acknowledge, that some legislators have by one regulation discovered great prudence, they have given fathers a great share of authority over their children. Nothing contributes more to the ease of the magistrates; nothing more prevents the courts of justice from being crowded; nothing more firmly establishes tranquility in a state, where morality always makes better citizens than laws can make. Of all sorts of authority this is the seldomest abused: this is the most sacred sort of magistracy; it is the only one which does not owe its origin to any contract, but has even preceded all contracts. It has been observed, that in the countries where the greatest share of power is lodged in the hands of parents, the families are always best regulated: fathers are representatives of the Creator of the Universe, who, though he might bind men to serve him through love alone, has thought proper to attach them to him still stronger by the motives of hope and fear. I cannot finish this letter, without putting you in mind of the capriciousness of the French. It is said that they have retained many things in the Roman laws, which are either useless, or worse; and they have not borrowed from them the parental authority, which they represent as the basis of all lawful authority.