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 we have already
descanted,
[81]
positively declare that they will show no favour to those
who shall presume to petition them in behalf of the guilty.
[82]
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 despotic power, which has ever considered the subjects as
slaves
[83]
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 pashas and extortioners.
Footnotes
[79]
As at present in Persia, according to Sir John Chardin, this
custom is very ancient. "They put Cavades," says Procopius, "into the
castle of oblivion; there is a law which forbids any one to speak of
those who are shut up, or even to mention their name."
[80]
The fifth law in the Cod. ad leg. Jul. Majest.
[81]
In the 8th chapter of this book.
[82]
Frederick copied this law in the Constitutions of Naples, i.
[83]
In monarchies there is generally a law which forbids those who
are invested with public employments to go out of the kingdom without
the prince's leave. This law ought to be established also in republics.
But in those that have particular institutions the prohibition ought to
be general, in order to prevent the introduction of foreign manners.
