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CHAP. XI.: Of the Laws relative to the Distempers of the Climate. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws [1748]

Edition used:

The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.

Part of: Complete Works of Montesquieu, 4 vols.

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CHAP. XI.

Of the Laws relative to the Distempers of the Climate.

HERODOTUS informs us, that the Jewish laws, concerning the leprosy, were borrowed from the practice of the Egyptians. And, indeed, the same distemper required the same remedies. The Greeks and the primitive Romans were strangers to these laws, as well as to the disease. The climate of Egypt and Palestine rendered them necessary; and the facility with which this disease is spread is sufficient to make us sensible of the wisdom and sagacity of those laws.

Even we ourselves have felt the effects of them. The croisades had brought the leprosy amongst us; but the wise regulations, made at that time, hindered it from infecting the mass of the people.

We find, by the law of the Lombards, that this disease was spread in Italy before the croisades, and merited the attention of the legislature. Rotharis ordained that a leper should be expelled from his house, banished to a particular place, and rendered incapable of disposing of his property; because, from the very moment he had been turned out of his house, he was reckoned dead in the eye of the law. In order to prevent all communication with lepers, they were rendered incapable of civil acts.

I am apt to think that this disease was brought into Italy by the conquests of the Greek emperors, in whose armies there might be some soldiers from Palestine or Egypt. Be that as it may, the progress of it was stopt till the time of the croisades.

It is related, that Pompey’s soldiers, returning from Syria, brought a distemper home with them not unlike the leprosy. We have no account of any regulation made at that time; but it is highly probable that some such step was taken, since the distemper was checked till the time of the Lombards.

It is now two centuries since a disease, unknown to our ancestors, was first transplanted from the new world to ours, and came to attack human nature even in the very source of life and pleasure. Most of the principal families in the South of Europe were seen to perish by a distemper that was grown too common to be ignominious, and was considered in no other light than in that of its being fatal. It was the thirst of gold that propagated this disease; the Europeans went continually to America, and always brought back a new leven of it.

Reasons drawn from religion seemed to require that this punishment of guilt should be permitted to continue; but the infection had reached the bosom of matrimony, and given the vicious taint even to guiltless infants.

As it is the business of legislators to watch over the health of the citizens, it would have been a wise part in them to have stopped this communication by laws made on the plan of those of Moses.

The plague is a disease whose infectious progress is much more rapid. Egypt is its principal seat, from whence it spreads over the whole globe. Most countries in Europe have made exceeding good regulations to prevent this infection, and, in our times, an admirable method has been contrived to stop it; this is, by forming a line of troops round the infected country, which cuts off all manner of communication.

The Turks§ , who have no such regulations, see the Christians escape this infection, in the same town, and none but themselves perish: they buy the clothes of the infected, wear them, and proceed in their old way, as if nothing had happened. The doctrine of a rigid fate, which directs their whole conduct, renders the magistrate a quiet spectator; he thinks that every thing comes from the hand of God, and that man has nothing more to do than to submit.

[]Book 2.

[]Book 2. tit. 1. §. 3. & tit. 18. §. 1.

[§ ]Ricaut on the Ottoman empire, p. 284.