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the origin of the distinction of ranks-第34部分
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subsisted between different families; the people; who have no other military enterprises but those which are carried on in the public cause of the nation; become gradually less accustomed to fighting; and their martial ardour is proportionably abated。 The improvement of arts and manufactures; by introducing luxury; contributes yet more to enervate the minds of men; who; according as they enjoy more ease and pleasure at home; feel greater aversion to the hardships and dangers of a military life; and put a lower value upon that sort of reputation which it affords。 The increase of industry; at the same time; creates a number of lucrative employments which require a constant attention; and gives rise to a variety of tradesmen and artificers; who cannot afford to leave their business for the transient and uncertain advantages to be derived from the pillage of their enemies。 In these circumstances the bulk of a people become at length unable or unwilling to serve in war; and when summoned to appear in the field; according to the ancient usage; are induced to offer a sum of money instead of their personal attendance。 A composition of this kind is readily accepted by the sovereign or chief magistrate; as it enables him to hire soldiers among those who have no better employment; or who have contracted a liking to that particular occupation。 The forces which he has raised in this manner receiving constant pay; and having no other means of procuring a livelihood; are entirely under the direction of their leader; and are willing to remain in his serVice as long as he chooses to retain them。 From this alteration of circumstances; he has an opportunity of establishing a proper subordination in the army; and according as it becomes fitter for action; and; in all its motions; capable of being guided and regulated with greater facility; he is encouraged to enter upon more difficult enterprises; as well as to meditate more distant schemes of ambition。 His wars; which were formerly concluded in a few weeks; are now gradually protracted to a greater length of time; and occasioning a greater variety of operations; are productive of suitable improvements in the military art。 After a numerous body of troops have been levied at considerable expense; and have been prepared for war by a long course of discipline and experience; it appears highly expedient to the sovereign that; even in time of peace; some part of them; at least; should be kept in pay; to be in readiness whenever their service is required。 Thus; the introduction of mercenary forces is soon followed by that of a regular standing army。 The business of a soldier becomes a distinct profession; which is appropriated to a separate order of men; while the rest of the inhabitants; being devoted to their several employments; become wholly unaccustomed to arms; and the preservation of their lives and fortunes; is totally devolved upon those whom they are at the charge of maintaining for that purpose。 This important revolution; with respect to the means of national defence; appears to have taken place in all the civilized and opulent nations of antiquity。 In all the Greek states; even in that of Sparta; we find that the military service of the free citizens came; from a change of manners; to be regarded as burdensome; and the practice of employing mercenary troops was introduced。 The Romans too; before the end of the republic; had found it necessary to maintain a regular standing army in each of their distant provinces。 In the modern nations of Europe; the disuse of the feudal militia was an immediate consequence of the progress of the people in arts and manufactures; after which the different sovereigns were forced to hire soldiers upon particular occasions; and at last to maintain a regular body of troops for the defence of their dominions。 In France; during the reign of Lewis XIII; and in Germany; about the same period; the military system began to be established upon that footing; which it has since acquired in all the countries of Europe。 The tendency of a standing mercenary army to increase the power and prerogative of the crown; which has been the subject of much declamation; is sufficiently obvious。 As the army is immediately under the conduct of the monarch; as the individuals of which it is composed depend entirely upon him for preferment; as; by forming a separate order of men they are apt to become indifferent about the rights of their fellow…citizens; it may be expected that; in most cases; they will be disposed to pay an implicit obedience to his commands; and that the same force which is maintained to suppress insurrections; and to repel invasions; may often be employed to subvert and destroy the liberties of the people。 The same improvements in society; which give rise to the maintenance of standing forces; are usually attended with similar changes in the manner of distributing justice。 It has been already observed that; in a large community; which has made but little progress in the arts; every chief or baron is the judge over his own tribe; and the king; with the assistance of his great council; exercises a jurisdiction over the members of different tribes or baronies。 From the small number of law…suits which occur in the ages of poverty and rudeness; and from the rapidity with which they are usually determined among a warlike and ignorant people; the office of a judge demands little attention; and occasions no great interruption to those pursuits in which a man of rank and distinction is commonly engaged。 The sovereign and the nobility; therefore; in such a situation; may continue to hold this office; though; in their several courts; they should appoint a deputy…judge to assist them in discharging the duties of it。 But when the increase of opulence has given encouragement to a variety of tedious litigation; they become unwilling to bestow the necessary time in hearing causes; and are therefore induced to devolve the whole business upon inferior judges; who acquire by degrees the several branches of the judicial power; and are obliged to hold regular courts for the benefit of the inhabitants。 Thus the exercise of jurisdiction becomes a separate employment; and is committed to an order of men; who require a particular education to qualify them for the duties of their office; and who; in return for their serVice; must therefore be enabled to earn a livelihood by their profession。 A provision for the maintenance of judges is apt; from the natural course of things; to grow out of their employment; as; in order to procure an indemnification for their attendance; they have an opportunity of exacting fees from the parties who come before them。 This is analagous to what happens with respect to every sort of manufacture; in which an artificer is commonly paid by those who employ him。 We find; accordingly; that this was the early practice in all the feudal courts of Europe; and that the perquisites drawn by the judges; in different tribunals; yielded a considerable revenue both to the king and the nobles。 It is likely that similar customs; in this respect; have been adopted in most parts of the world; by nations in the same period of their advancement。 The impropriety; however; of giving a permission to these exactions; which tend to influence the decisions of a judge; to render him active in stirring up law…suits; and in multiplying the form of his procedure; in order to increase his perquisites; these pernicious consequences with which it is inseparably connected; could not fail to attract the notice of a polished people; and at length produced the more perfect plan of providing for the maintenance of judges by the appointment of a fixed salary in place of their former precarious emoluments。 It cannot be doubted that these establishments; of such mighty importance; and of so extensive a nature; must be the source of great expense to the public。 In those early periods; when the inhabitants of a country are in a condition to defend themselves; and when their internal disputes are decided by judges who claim no reward for their interpositions; or at least no reward from government; few regulations are necessary with respect to the public revenue。 The king is enabled to maintain his family; and to support his dignity; by the rents of his own estate; and; in ordinary cases; he has no farther demand。 But when the disuse of the ancient militia has been succeeded by the practice of hiring troops; these original funds are no longer sufficient; and other resources must be provided in order to supply the deficiency。 By the happy disposition of human events; the very circumstance that occasions this difficulty appears also to suggest the means of removing it。 When the bulk of a people become unwilling to serve in war; they are naturally disposed to offer a composition in order to be excused from that ancient personal service which; from long custom; it is thought they are bound to perform。 Compositions of this nature are levied at first; in consequence of an agreement with each individual: to avoid the trouble arising from a multiplicity of separate transactions; they are afterwards paid in common by the inhabitants of particular districts; and at length give rise to a gener
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