Page:Montesquieu - The spirit of laws.djvu/324

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272
THE SPIRIT

Book XII.
Chap. 8, & 9.
deemed by the Imperial constitutions, of equal consequence with those which are levelled against the emperor's own person. A minister discharges his duty to his prince and to his country; to attempt therefore to remove him, is endeavouring to deprive the former of one of his arm[1], and the latter of part of its power." If even slavery herself was to defend upon the earth, she could not speak in any other language.

By another law of Valentinian, Theodosius, and Arcadius[2], false coiners are declared guilty of high treason. But is not this confounding the ideas of things? Is not the very horror of high treason diminished, by giving that name to another crime?


CHAP. IX.
The same Subject continued.

PAULINUS having wrote to the emperor Alexander, that "he was preparing to prosecute for high treason, a judge who had decided contrary to his edict." The emperor answered, "that under his reign there was no such thing as indirect high treason[3]."

Faustinian wrote to the same emperor, that as he had sworn by the prince's life never to pardon his slave, he found himself thereby obliged to perpetuate his wrath lest he should incur the guilt of high treason. Upon which the emperor made answer, "Your fears are groundless[4], and you are a stranger to my principles."

  1. Nam ipsi pars corporis nostri sunt The same law of the Code ad Maj. leg. Jul.
  2. It is the 9th of the Code Theodos de falsa monta.
  3. Etiam ex aliis causis majestatis crimina cessant meo sæculo. Leg. 1. eod. ad leg. Jul. Maj.
  4. Alienam sectæ meæsfollicitudinem concepisti. Leg. 2. eod. ad leg. Jul. Maj.
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