Page:Montesquieu - The spirit of laws.djvu/166

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114
THE SPIRIT

Book VI.
CHap. 5.
moved ecclesiastic censures; and that subjects ought not to go away dissatisfied from their prince." When sentence was passed, the same president said, "This is an unprecedented judgment, to see, contrary to the example of passages, a king of France in the quality of a judge, condemning a gentleman to death[1]."

Again, sentences passed by the prince would be an inexhaustible source of injustice and abuse; the courtiers by their importunity would always be able to extort his decisions. Some Roman emperors were so mad as to sit as judges themselves; the consequence was, that no reigns ever so surprized the universe with oppression and injustice.

"Claudius, says Tacitus[2], having appropriated to himself the judgment of law-suits and the functions of magistrates, gave occasion to all manner of rapine. But Nero upon his coming to the empire after Claudius, endeavoured to conciliate the minds of the people, by declaring, "That he would take care not to be judge himself in private causes, that the parties might not be exposed within the walls of a palace to the iniquitous power of a few freedmen[3]."

"Under the reign of Arcadius, says Zozimus[4], a swarm of calumniators spread themselves all round, and infected the court. Upon a person's decease it was immediately supposed be bad left no children[5]; and in consequence of this, his property was given away by a rescript. For as the prince was surprizingly stupid, and the empress excessively enterprizing, she was a slave to the insatiable avarice of her domestics and confidents; insomuch that to

  1. It was afterwards revoked. See the same relation.
  2. Annal lib. 11.
  3. Ibid. lib. 13.
  4. Hist. lib. 5.
  5. The same disorder happened under Theodosius the younger.
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