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THAT therefore a real, compleat, and manent Good, as far as poffible, must be the chief End of Laws, is incontrovertible; that, for want of this, the imaginary, the partial, and the tranfitory, may take Place; and sometimes alfo a leffer Evil, if fecuring us from a greater, or conducive to fome important Happiness.. This is what has misled many fuperficial Speculatifts to imagine Contrarieties, and effential Differences in the particular Laws of different People. Had they compared the Laws with the Inclinations, Cuftoms, Circumstances and Conveniencies of the respective Communities, nothing of any fuch Contrariety would have appeared, For in all Circumftances whatever, that is unquestionably Good, which is fuitable to Nature, and the End of human Society; Thus Bleeding and Phyfic are Evils. to a Man in Health; but no inconfiderable Goods in Sicknefs. A Fur Coat would be intolerable to an Inhabitant of the fultry Malabar Coast; but the Laplanders feel the Comfort of it.

Further, 'tis not mild Laws that will humanize the Barbarians, though their Horfes are manageable with a filken Thread,

which

which those of Germany would not feel. A civillized Nation would foon wince at the Impofition of fevere Laws: Few Women and humane Perfons can bear the Anatomical Diffection of a living Creature. Dishonour is not minded among the Turks and their Slaves; whilst in a Country where Honour and Nobility are prized, Death is preferred to Infamy. In War, Depredation is encouraged, and as much detested in Times of Peace: Pyracy is the fettled Practice of whole Nations, interwoven with their Government, and neceffary, fay they, to their Circumstances; and we, with all our Polity, in Time of War have Privateers to annoy the Enemy; and one is no better than the other, the Corfairs being in a perpetual War.

BUT amidst these, and many more Differences too tedious to enumerate, the Spirit of all these Laws is alike and uniform, conftantly adapting itself to the Happiness of each particular Society, according to the Difpofitions, conftant Relations, and Circumftances of Time and Place: 'Thus the fame Spirit, which in the human Body produces Life, Health, and other advantageous Qualities, caufes alfo Sickness, Languor, and Death, when the Body on which it acts becomes corrupt, weak, and difordered. CHAP.

T

CHAP. II.

HIS is the only Spirit which is to be looked for in all Laws, and which alone affords a juft Explanation of them, and by which they are to be compared. This alone is the Spirit which is acknowledged and loved, which fets Men on Action, and induces them to an Obfervance of the Law: For the natural Concern which every one has for his own Intereft, impells him to love and put in Execution the Means proposed to him, and evidently promotive of that fupreme End. Our Conviction, that a Law is for our Good, will immediately produce in us a zealous Efteem for it, and fuch a Compliance with it, as is in our Power. This Conviction cannot come inftantly, but proceeds from Reflection and Information; and I think I have in the firft Part demonstrated, that it is not every one who is a fit Counsellor in a Cafe of fuch Weight: But the following Confiderations will fafely direct the impartial Inquirer.

I. A

I. A Law in France, published in the old Gaulick Tongue, would not be obligatory, the present French not being fuppofed to understand it; it being manifeft, that it cannot be deemed a Law, on account of its Obfcu-. rity; much less is it one, if Life, Property, or Honour be attacked by it; for no body is to oblige himself to take away his own Life, Property or Honour, or to do himself. any Hurt or Detriment, unless with a View of preferving them. A Part is fometimes risqued to fave the Whole; and not to forego fuperficial and tranfitory Advantages, for the Sake of real and lafting Goods, is a most culpable Weakness: A Law must also require nothing above the People's Means or Ability, as Impoffibilities never can be binding.

every

The plain Result from the Premises is, that Law which is not intelligible, endearing, and proportioned to the Subjects Abilities, is to them no Law at all: That, by a Parity of Reason, an Arabian Law may be a Law for Arabia, a Turkish one for Turky, a Siamese and Japannese for Siam and Japan, and not for France, Europe, or any Christian Country. Likewife.

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Likewise a Law may be fuch in Germany, but not in France or Ruffia. The different Forms of Polity likewife, will not admit of a general Similarity of particular Laws. Law for hardy, robuft Highlanders, is no Law for tender, weak, and fickly People. The Law for Children cannot be impofed on full grown Men. Nothing is more evident.

II. It is fufficient if Care be taken, that the Effect be general, not limited to Individuals or any particular Branch of Society. The Spirit of Laws will have it fo, and very justly too. This fupreme and only Spirit aims at nothing but the good of all the Society, without any further Diftribution of its beneficial Cares among Individuals, than as Parts of the Whole: Thus it is continually in Action, prompting each particular Perfon to fill his Place worthily, and excluding at the fame Time all such uselefs, corrupt, and contagious Parts as cannot be cured. It never refts till they are feparated and destroyed, for the greater Safety of the Remainder.

WITHOUT a perfect Comprehenfion of the Premifes, one cannot have an Idea of the human