Page:Montesquieu - The spirit of laws.djvu/187

Rh where fear predominates, it is less customary, because the great men are to be restrained by examples of severity. It is more necessary in monarchies, where they are governed by honor, which frequently requires what the very law forbids. Disgrace is here equivalent to chastisement; and even the formalities of justice are punishments. This is because particular kinds of punishment are formed by shame which on every side invades the delinquent.

The great men in monarchies are so heavily punished by disgrace, by the loss (though often imaginary) of their fortune, credit, acquaintances, and pleasures, that rigour in respect to them is needless. It can tend only to divest the subject of the affection he has for the person of his prince, and of the respect he ought to have for public posts and employments.

As the instability of the great is natural to a despotic government, so their security is interwoven with the nature of monarchy.

So many are the advantages which monarchs gain by clemency; such love, such glory attends it; that it is generally a point of happiness to have an opportunity of exercising it; which in these parts is seldom wanting.

Some branch perhaps of their authority, but never hardly the whole will be disputed: and if they sometimes fight for their crown; they do not fight for their life.

But some may ask, when is it proper to punish, and when to pardon? This is a point that is easier felt than prescribed. When there is danger in the Rh