the principles of religion do not depend on demonstrations and arguments, but on faith alone; and whoever attempts to prove them by a train of reasoning, tends to subvert the foundations of the whole fabric. Bodin in this sophistry was undoubtedly insincere. He goes on, however, having purposely sacrificed this cock to Esculapius, to contend that, if several religions exist in a state, the prince should avoid violence and persecution; the natural tendency of man being to give his assent voluntarily, but never by force.m

Influence

of climate on government.

63. The first chapter of the fifth book, on the adaptation of government to the varieties of race and climate, has excited more attention than most others, from its being supposed to have given rise to a theory of Montesquieu. In fact, however, the general principle is more ancient; but no one had developed it so fully as Bodin. Of this he seems to be aware. No one, he says, has hitherto treated on this important subject, which should always be kept in mind, lest we establish institutions not suitable to the people, forgetting that the laws of nature will not bend to the fancy of man. He then investigates the peculiar characteristics of the northern, middle, and southern nations, as to physical and moral qualities. Some positions he has laid down erroneously; but, on the whole, he shows a penetrating judgment and comprehensive generalisation of views. He concludes that bodily strength prevails towards the poles, mental power towards the tropics; and that the nations lying between partake in a mixed ratio of both. This is not very just; but he argues from the great armies that have come from the north, while arts and sciences have been derived from the south. There is certainly a considerable resemblance to Montesquieu in this chapter; and like him, with better excuse, Bodin accumulates inaccurate stories. Force prevails most with northern nations, reason with the inhabitants of a temperate or middle climate, superstition. with those of the south; thus astrology, magic, and all mysterious sciences, have come from the Chaldeans and Egyptians. Mechanical arts and inventions, on the other hand, flourish best in northern countries, and the natives

of the south hardly know how to imitate them, their genius being wholly speculative, nor have they so much industry, quickness in perceiving what is to be done, or worldly prudence. The stars appear to exert some influence over national peculiarities; but even in the same latitudes great variety of character is found, which arises from a mountainous or level soil, and from other physical circumstances. We learn by experience, that the inhabitants of hilly countries and the northern nations generally love freedom, but having less intellect than strength, submit readily to the wisest among them. Even winds are not without some effect on national character. But the barrenness or fertility of the soil is more important; the latter producing indolence and effeminacy, while one effect of a barren soil is to drive the people into cities, and to the exercise of handicrafts for the sake of commerce, as we see at Athens and Nuremberg, the former of which may be contrasted with Boeotia.

64. Bodin concludes, after a profusion of evidence drawn from the whole world, that it is necessary not only to consider the general character of the climate as affecting an entire region, but even the peculiarities of single districts, and to inquire what effects may be wrought on the dispositions of the inhabitants by the air, the water, the mountains and valleys, or prevalent winds, as well as those which depend on their religion, their customs, their education, their form of government; for whoever should conclude alike as to all who live in the same climate would be frequently deceived; since, in the same parallel of latitude, we may find remarkable differences even of countenance and complexion. This chapter abounds with proofs of the comprehension as well as patient research which distinguishes Bodin from every political writer who had preceded him.

obviating

65. In the second chapter, which inquires how we may avoid the revolutions which an excessive inequality Means of of possessions tends to produce, he inveighs against inequality. a partition of property, as inconsistent with civil society, and against an abolition of debts, because there can be no justice where contracts are not held inviolable; and observes, that it is absurd to expect a division of all possessions to bring about tranquillity. He objects also to any

endeavour to limit the number of the citizens, except by colonisation. In deference to the authority of the Mosaic law, he is friendly to a limited right of primogeniture, but disapproves the power of testamentary dispositions, as tending to inequality, and the admission of women to equal shares in the inheritance, lest the same consequence should come through marriage. Usury he would absolutely abolish, to save the poorer classes from ruin.

Confisca

tions

66. Whether the property of condemned persons shall be confiscated is a problem, as to which, having rewards. given the arguments on both sides, he inclines to a middle course, that the criminal's own acquisitions should be forfeited, but what has descended from his ancestors should pass to his posterity. He speaks with great freedom against unjust prosecutions, and points out the dangers of the law of forfeiture." In the next, being the fourth chapter of this book, he treats of rewards and punishments. All states depend on the due distribution of these; but, while many books are full of the latter, few have discussed the former, to which he here confines himself. Triumphs, statues, public thanks, offices of trust and command, are the most honourable; exemptions from service or tribute, privileges, and the like, the most beneficial. In a popular government, the former are more readily conceded than the latter; in a monarchy, the reverse. The Roman triumph gave a splendour to the republic itself. In modern times the sale of nobility, and of public offices, renders them no longer so honourable as they should be. He is here again very free-spoken as to the conduct of the French, and of other governments." 67. The advantage of warlike habits to a nation, and the utility of fortresses, are then investigated. Some have objected to the latter, as injurious to the courage of the people, and of little service against an invader; and also, as furnishing opportunities to tyrants and usurpers, or occasionally to rebels. Bodin, however, inclines in their favour, especially as to those on the frontier, which may be granted as feudal benefices, but not in inheritance. The question of cultivating a military spirit in the people depends on the form of polity: in popular states it is necessary; in an aristocracy, unsafe. In

Fortresses.

monarchies, the position of the state with respect to its neighbours is to be considered. The capital city ought to be strong in a republic, because its occupation is apt to carry with it an entire change in the commonwealth. But a citadel is dangerous in such a state. It is better not to suffer castles, or strongholds of private men, as is the policy of England; unless when the custom is so established, that they cannot be dismantled without danger to

the state.P

68. Treaties of peace and alliance come next under review. He points out with his usual prolixity Necessity of the difference between equal and unequal com- good faith. pacts of this kind. Bodin contends strongly for the rigorous maintenance of good faith, and reprobates the civilians and canonists who induced the council of Constance to break their promise towards John Huss. No one yet, he exclaims, has been so consummately impudent as to assert the right of violating a fair promise; but one alleges the deceit of the enemy; another, his own mistake; a third, the change of circumstances, which has rendered it impossible to keep his word; a fourth, the ruin of the state which it would entail. But no excuse, according to Bodin, can be sufficient, save the unlawfulness of the promise, or the impossibility of fulfilling it. The most difficult terms to keep are between princes and their subjects, which generally require the guarantee of other states. Faith, however, ought to be kept in such cases; and he censures, though under an erroneous impression of the fact, as a breach of engagement, the execution of the duke of York in the reign of Henry VI.; adding, that he prefers to select foreign instances, rather than those at home, which he would wish to be buried in everlasting oblivion. In this he probably alludes to the day of St. Bartholomew."

Census of

69. The first chapter of the sixth book relates to a periodical census of property, which he recommends as too much neglected. The Roman property. censorship of manners he extols, and thinks it peculiarly required, when all domestic coercion is come to an end.

P c. 5.

mestica recordor, quæ utinam sempi

१ c. 6. Externa libentius quam do- terna oblivione sepulta jacerent.

VOL. II.

F

Public re venues.

But he would give no coercive jurisdiction to his censors, and plainly intimates his dislike to a similar authority in the church. A more important disquisition follows on public revenues. These may be derived from seven sources: namely, national domains; confiscation of enemies' property; gifts of friendly powers; tributes from dependent allies; foreign trade carried on by the state; tolls and customs on exports and imports; or, lastly, taxes directly levied on the people. The first of these is the most secure and honourable; and here we have abundance of ancient and modern learning, while of course the French principle of inalienability is brought forward. The second source of revenue is justified by the rights of war and practice of nations; the third has sometimes occurred; and the fourth is very frequent. It is dishonourable for a prince to be a merchant, and thus gain a revenue in the fifth mode, yet the kings of Portugal do not disdain this; and the mischievous usage of selling offices in some other countries seems to fall under this head. The different taxes on merchandise, or, in our language, of customs and excise, come in the sixth place. Here Bodin advises to lower the import duties on articles with which the people cannot well dispense, but to lay them heavily on manufactured goods, that they may learn to practise these arts themselves.

Taxation.

70. The last species of revenue, obtained from direct taxation, is never to be chosen but from necessity; and as taxes are apt to be kept up when the necessity is passed, it is better that the king should borrow money of subjects than impose taxes upon them. He then enters on the history of taxation in different countries, remarking it as peculiar to France, that the burthen is thrown on the people to the ease of the nobles and clergy, which is the case nowhere except with the French, among whom, as Cæsar truly wrote, nothing is more despised than the common people. Taxes on luxuries, which serve only to corrupt men, are the best of all; those also are good which are imposed on proceedings at law, so as to restrain unnecessary litigation. Borrowing at interest, or by way of annuity, as they do at Venice, is ruinous.

Lib. vi. c. 1.