Page:Montesquieu - The spirit of laws.djvu/146

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94
THE SPIRIT

Book V.
Chap. 16.
consequence must be that there would be a kind of men in the state, who might be said to be great of themselves; a thing directly opposite to the nature of this government.

Were the governor of a town independent of the bashaw, expedients would be daily necessary to make them agree; which is highly absurd in a despotic state. Besides, if a particular governor might refuse to obey, how could the other answer for his province with his head?

In this kind of government authority must ever be wavering; nor is that of the lowest magistrate less steady than that of the despotic prince. Under moderate governments, the law is prudent in all its parts, is perfectly well known, and even the pettiest magistrates are capable of following it. But in a despotic state, where the prince's will is the law, though the prince were wise, yet how could the magistrate follow a will he does not know? He must certainly follow his own.

Again, as the law is only the prince's will, and as the prince can only will what he knows, it follows that there are an infinite number of people who must make their wills keep pace with his.

In fine, as the law is the momentary will of the prince, it is necessary that those who will for him, should follow his subitaneous manner of willing.


CHAP. XVII.
Of Presents.

IT is a received custom in despotic countries, never to address any superior whomsoever, not excepting their kings, without making them a pre-

sent.