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cover
The Complete Works of Montesquieu. Electronic Edition.
cover
Volume I.
Body
BOOK XII.: OF THE LAWS THAT FORM POLITICAL LIBERTY, AS RELATIVE TO THE SUBJECT.
CHAP. XXX.: The same Subject continued.

CHAP. XXX.: The same Subject continued.

NOTHING but the very excess and rage of despotic power ordained that the father’s disgrace should drag after it that of his wife and children: they are wretched enough already, without being criminals. Besides, the prince ought to leave suppliants or mediators between himself and the accused, to assuage his wrath, or to inform his justice.

It is an excellent custom of the Maldavians†466, that, when a lord is disgraced, he goes every day to pay his court to the king, till he is taken again into favour: his presence disarms the prince’s indignation.

In some despotic governments†467 they have a notion that it is trespassing against the respect due to their prince to speak to him in favour of a person in disgrace. These princes seem to use all their endeavours to deprive themselves of the virtue of clemency.

Arcadius and Honorius, by a law†468 on which we have already descanted†469, positively declare that they will shew no favour to those who shall presume to petition them in behalf of the guilty†470. This was a very bad law indeed, since it is bad even under a despotic government.

The custom of Persia, which permits every man that pleases to leave the kingdom is excellent; and, though the contrary practice derives its origin from

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despotic power, which has ever considered the subjects as slaves†471, and those who quit the country as fugitives, yet the Persian practice is useful even to a despotic government, because the apprehension of people’s withdrawing for debt restrains or moderates the oppressions of bashaws and extortioners.