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the spirit of laws-第70章

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mortal wound to Philip。〃'72' If they who accuse a person did it merely to serve the public; they would not carry their complaint to the prince; who may be easily prejudiced; but to the magistrates; who have rules that are formidable only to calumniators。 But if they are unwilling to leave the laws open between them and the accused; it is a presumption they have reason to be afraid of them; and the least punishment they ought to suffer is not to be credited。 No notice; therefore; should ever be taken of those letters; except in cases that admit not of the delays of the ordinary course of justice; and in which the prince's welfare is concerned。 Then it may be imagined that the accuser has made an effort; which has untied his tongue。 But in other cases one ought to say; with the Emperor Constantius: 〃We cannot suspect a person who has wanted an accuser; whilst he did not want an enemy。〃'73'

25。 Of the Manner of governing in Monarchies。 The royal authority is a spring that ought to move with the greatest freedom and ease。 The Chinese boast of one of their emperors who governed; they say; like the heavens; that is; by his example。

There are some cases in which a sovereign ought to exert the full extent of his power; and others in which he should reduce it within narrower limits。 The sublimity of administration consists in knowing the proper degree of power which should be exerted on different occasions。

The whole felicity of monarchies consists in the opinion which the subjects entertain of the lenity of the government。 A weak minister is ever ready to remind us of our slavery。 But granting; even; that we are slaves; he should endeavour to conceal our misery from us。 All he can say or write is that the prince is uneasy; that he is surprised; and that he will redress all grievances。 There is a certain ease in commanding; the prince ought only to encourage; and let the laws menace。'74'

26。 That in a Monarchy the Prince ought to be of easy Access。 The utility of this maxim will appear from the inconvenience attending the contrary practice。 〃The Czar Peter I;〃 says the Sieur Perry;'75' 〃has published a new edict; by which he forbids any of his subjects to offer him a petition till after having presented it to two of his officers。 In case of refusal of justice they may present him a third; but upon pain of death if they are in the wrong。 After this no one ever presumed to offer a petition to the Czar。〃

27。 Of the Manners of a Monarch。 The manners of a prince contribute as much as the laws themselves to liberty; like these he may transform men into brutes; and brutes into men。 If he prefers free and generous spirits; he will have subjects; if he likes base; dastardly souls; he will have slaves。 Would he know the great art of ruling; let him call honour and virtue to attend his person; and let him encourage personal merit。 He may even sometimes cast an eye on talents and abilities。 Let him not be afraid of those rivals who are called men of merit; he is their equal when once he loves them。 Let him gain the hearts of his people; without subduing their spirits。 Let him render himself popular; he ought to be pleased with the affections of the lowest of his subjects; for they too are men。 The common people require so very little condescension; that it is fit they should be humoured; the infinite distance between the sovereign and them will surely prevent them from giving him any uneasiness。 Let him be exorable to supplication; and resolute against demands; let him be sensible; in fine; that his people have his refusals; while his courtiers enjoy his favours。

28。 Of the Regard which Monarchs owe to their Subjects。 Princes ought to be extremely circumspect with regard to raillery。 It pleases with moderation; because it is an introduction to familiarity; but a satirical raillery is less excusable in them than in the meanest of their subjects; for it is they alone that give a mortal wound。

Much less should they offer a public affront to any of their subjects; kings were instituted to pardon and to punish; but never to insult。

When they affront their subjects; their treatment is more cruel than that of the Turk or the Muscovite。 The insults of these are a humiliation; not a disgrace; but both must follow from the insolent behaviour of monarchs。

Such is the prejudice of the eastern nations that they look upon an affront from the prince as the effect of paternal goodness; and such; on the contrary; is our way of thinking that besides the cruel vexation of being affronted; we despair of ever being able to wipe off the disgrace。

Princes ought to be overjoyed to have subjects to whom honour is dearer than life; an incitement to fidelity as well as to courage。

They should remember the misfortunes that have happened to sovereigns for insulting their subjects: the revenge of Ch?rea; of the eunuch Narses; of Count Julian; and; in fine; of the Duchess of Montpensier; who; being enraged against Henry III for having published some of her private failings; tormented him during her whole life。

29。 Of the civil Laws proper for mixing some portion of Liberty in a despotic Government。 Though despotic governments are of their own nature everywhere the same; yet from circumstances  from a religious opinion; from prejudice; from received examples; from a particular turn of mind; from manners or morals  it is possible they may admit of a considerable difference。

It is useful that some particular notions should be established in those governments。 Thus in China the prince is considered as the father of his people; and at the commencement of the empire of the Arabs; the prince was their preacher。'76'

It is proper there should be some sacred book to serve for a rule; as the Koran among the Arabs; the books of Zoroaster among the Persians; the Veda among the Indians; and the classic books among the Chinese。 The religious code supplies the civil and fixes the extent of arbitrary sway。 

It is not at all amiss that in dubious cases the judges should consult the ministers of religion。'77' Thus; in Turkey; the Cadis consult the Mollahs。 But if it is a capital crime; it may be proper for the particular judge; if such there be; to take the governor's advice; to the end that the civil and ecclesiastical power may be tempered also by the political authority。

30。 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 Maldivians'78' 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'79' 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'80' on which 
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