person who prosecutes another for murder can
produce a certain number of witnesses to it of his own relations, the
accused person shall be held guilty. Upon the whole, all persons ought
to endeavour to follow what is right, and not what is established; and
it is probable that the first men, whether they sprung out of the earth,
or were saved from some general calamity, had very little understanding
or knowledge, as is affirmed of these aborigines; so that it would be
absurd to continue in the practice of their rules. Nor is it, moreover,
right to permit written laws always to remain without alteration; for
as in all other sciences, so in politics, it is impossible to express
everything in writing with perfect exactness; for when we commit
anything to writing we must use general terms, but in every action there
is something particular to itself, which these may not comprehend; from
whence it is evident, that certain laws will at certain times admit of
alterations. But if we consider this matter in another point of view, it
will appear to require great caution; for when the advantage proposed is
trifling, as the accustoming the people easily to abolish their laws
is of bad consequence, it is evidently better to pass over some faults
which either the legislator or the magistrates may have committed; for
the alterations will not be of so much service as a habit of disobeying
the magistrates will be of disservice. Besides, the instance brought
from the arts is fallacious; for it is not the same thing to alter the
one as the other. For a law derives all its strength from custom, and
this requires long time to establish; so that, to make it an easy matter
to pass from the established laws to other new ones, is to weaken the
power of laws. Besides, here is another question; if the laws are to be
altered, are they all to be altered, and in every government or not, and
whether at the pleasure of one person or many? all which particulars
will make a great difference; for which reason we will at present drop
the inquiry, to pursue it at some other time.

CHAPTER IX

There are two considerations which offer themselves with respect to the
government established at Lacedsemon and Crete, and indeed in almost all
other states whatsoever; one is whether their laws do or do not promote
the best establishment possible? the other is whether there is anything,
if we consider either the principles upon which it is founded or the
exec