Воок XII. Chap. 29. tars, 3d part, p. Of the civil Laws proper for mixing fome por tion of Liberty in a defpotic Government. THO HOUGH defpotic governments are of their own nature every where the fame; yet from circumstances, from a religious opinion, from prejudice, from received examples, from a particular turn of mind, from manners or morals, it is poffible they may admit of a confiderable difference. It is useful that fome particular notions should be established in those governments: thus in China the prince is confidered as the father of his people; and at the commencement of the empire of the Arabs, the prince was their preacher*. It is proper there should be fome facred book to ferve for a rule, as the Koran among the Arabs, the books of Zoroafter among the Perfians, the Vedam among the Indians, and the claffic Books among the Chinese. The religious code fupplies the civil, and fixes the extent of arbitrary sway. It is not at all amifs that in dubious cafes the (*) Hiftory judges fhould confult the minifters of religion (†). of the Tar- Thus in Turky the Cadis confult the Mollachs. But if it is a capital crime, it may be proper for the particular judge, if fuch there be, to take the governor's advice, to the end that the civil and ecclefiaftic power may be tempered alfo by the political authority. 277. in the remarks. • The Caliphs. CHAP. CHA P. XXX. NOTHING but the very excess and rage of defpotic power ordained that the father's dif grace fhould drag after it that of his wife and children. They are wretched enough already without being criminals: befides, the prince ought to leave fuppliants or mediators between himself and the accused, to affwage his wrath, or to inform his juftice. * Book XII. Chap. 30. It is an excellent cuftom of the Maldavians ('), (') See that when a lord is difgraced, he goes every day to pirard. Francis pay his court to the king till he is taken again into favor: his prefence difarms the prince's indignation. In fome defpotic governments they have a notion that it is trespassing against the respect due to their prince, to speak to him in favour of a perfon in difgrace. Thefe princes feem to ufe all their endeavours to deprive themfelves of the virtue of clemency.. fifth law Arcadius and Honorius, by a law () on which (8) The we have already defcanted (*), pofitively declare in the cod. that they will fhew no favor to thofe, who fhall ad leg. Jul. Mag. prefume to petition them in behalf of the guilty (). (") In the This was a very bad law indeed, fince it is bad 8th chapeven under a defpotic government. ter of this The custom of Perfia, which permits every man ric copied that pleases, to leave the kingdom, is excellent; this law in the conftitutions of As at prefent in Perfia, according to Sir John Chardin; this Naples, custom is very ancient. They put Cavades, fays Procopius, into book 1. the castle of oblivion; there is a law which forbids any one to fpeak of those who are shut up, or even to mention their name. Chap. 30. BOOK and though the contrary practice derives its origin XII. from defpotic power, which has ever confidered the fubjects as flaves *, and those who quit the country as fugitives, yet the Perfian practice is ufeful even to a defpotic government, becaufe the apprehenfion of people's withdrawing for debt reftrains or moderates the oppreffions of bashaws and extortioners. In monarchies there is generally a law which forbids thofe who are invested with public employments to go out of the kingdom, without the prince's leave. This law ought to be established alfo in republics. But in thofe that have particular inftitutions the prohibition ought to be general, in order to prevent the introduction of foreign manners. BOOK BOOK XIII. Of the Relation which the levying of T CHA P. I. Of the public Revenues. HE public revenues are a portion that each subject gives of his property, in order to fecure, or enjoy the remainder. To fix these revenues in a proper manner, regard fhould be had both to the neceffities of the ftate and to thofe of the subject. The real wants of the people ought never to give way to the imaginary wants of the state. Imaginary wants are thofe which flow from the paffions, and the weakness of the governors, from the vain conceit of fome extraordinary project, from the inordinate defire of glory, and from a certain impotence of mind incapable of withftandAng the impulfe of fancy. Often have minifters of a restless difpofition imagined, that the wants of their own mean and ignoble fouls were those of the state. Nothing requires more wifdom and prudence than the regulation of that portion of which, the fubject is deprived, and that which he is fuffered to retain. VOL. I. X The Воок Chap. 2. The public revenues fhould not be measured by the people's abilities to give, but by what they ought to give; and if they are measured by their abilities to give, it fhould be confidered what they are able to give for a conftancy. CHA P. II. That it is bad Reasoning to fay that the Greatnefs of Taxes is good in its own Nature. THERE have been instances in particular monarchies, of petty ftates exempt from taxes, that has been as miferable as the circumjacent places which groaned under the weight of exactions. The chief reason of this is, that the petty state can hardly have any fuch thing as industry, arts, or manufactures, because of its being fubject to a thousand restraints from the great ftate by which it is environed. The great ftate is bleffed with industry, manufactures, and arts; and establishes laws by which those several advantages are procured. The petty state becomes therefore neceffarily poor, let it pay never so few taxes. taxes. And yet some have concluded from the po verty of those petty ftates, that in order to render the people induftrious, they should be loaded with But it would be a jufter inference, that they ought to pay no taxes at all. None live here but wretches who retire from the neighbouring parts to avoid working; wretches, who, difheartened by labour, make their whole felicity confift in idleness. The |