XII. Chap. 15. By an ancient custom of the Romans it was not Book permitted to put girls to death till they were ripe for marriage. Tiberius found out an expedient of having them debauched by the executioner, before they were brought to the place of punifhment() that bloody and fubtle tyrant destroyed (i) Suetothe morals of the people to preferve their cuf-nius in toms. Tiberio. When the magiftrates of Japan caused women. to be expofed naked in the market-places, and obliged them to go upon all four like beafts, modefty was shocked (*): but when they wanted to) Colleccompel a mother-when they wanted to force a voyages fon-I cannot proceed; even nature herself is ftruck that conwith horror. tributed to Eaft India Of the infranchisement of Slaves in order to ac-Tom. 5. cufe their Mafter. AUGUSTUS made a law that the flaves of those who confpired against his perfon, fhould Part. 2. nus. be fold to the public, that they might depofe against their mafter ('). Nothing ought to be (1) Dio in neglected which may contribute to the difcovery Xiphili of an heinous crime; it is natural therefore that in a government where there are flaves they fhould be allowed to inform; but they ought not to be admitted as witneffes. Vindex difcovered the confpiracy that had been formed in favour of Tarquin; but he was not admitted a witness against the children of Brutus. It was right to give liberty to a perfon who had rendered fo great a fervice to his country; but it was Book was not given him with a view of enabling him to XII. Chap. 16, render this fervice. and 17. Hence the emperor Tacitus ordained that flaves fhould not be admitted as witneffes againft their (*)Flavius Wopifcus in mafters, even in the case of high treason (TM): a law which was not inferted in Juftinian's compilement, his life. CHA P. XVI. Of Calumny with regard to the Crime of high Treafon. T CHAP. XVII. Of the revealing of Confpiracies. F thy brother, the son of thy mother, or thy son, IF or thy daughter, or the wife of thy bofom, or thy friend, which is as thine own foul, entice thee fecretly faying, Let us go and ferve other gods, thou shalt furely kill him, thou shalt ftone him. This law of * Sylla made a law of Majefty, which is mentioned in Cicero's orations, pro cluentio, Art 3. in Pifonem, Art 21. 2d againft Verres, Art. 5. Familiar Epiftles, Book 3. Letter 11. Cæfar and Auguftus inferted them in the Julian laws; others made additions to them. † Et quò quis diftin&tior accufator, eò magis konores assequebatur, ac veluti facrofan&tus erat. Tacit. Deuteron. chap. xiii. v. 6. Deutero Deuteronomy cannot be a civil law among most of Book, the nations known to us, because it would pave Chap. 18. the way for all manner of wickedness. No less severe is the law of feveral countries, which commands the fubjects, on pain of death, to disclose confpiracies in which they are not even fo much as concerned. When fuch a law is eftablished in a monarchical government, it is very proper it fhould be under fome restrictions. It ought not to be applied in its full feverity, but to the ftrongeft cafes of high treafon. In those countries it is of the utmost importance not to confound the different degrees of this crime In Japan, where the laws fubvert every idea of human reason, the crime of concealment is applied even to the moft ordinary cafes... tion of A certain relation (") makes mention of two () Collec young ladies, who were fhut up for life in a box voyages thick fet with pointed nails, one for having a love intrigue, and the other for not difclof- the efta ing it. CHA P. XVIII. had that con tributed to blishment of the Eaft-India Company, P. 423. book 5. How dangerous it is in Republics to be too fevere part ads in punishing the Crime of high Treafon. AS foon as a republic has compaffed the de ftruction of thofe who wanted to fubvert it, there fhould be an end of terrors, punishments, and even of rewards. Great punishments, and confequently great changes, cannot take place without investing fome citizens with an exorbitant power. It is therefore more adviseable in this cafe to exceed in VOL. I. U lenity Chap. 18. Book lenity, than in severity; to banish but few, rather XII. than many; and to leave them their eftates, inftead of making a vast number of confifcations. Under pretence of avenging the republic's cause, the avengers would establish tyranny. The bufinefs is not to deftroy the rebel but the rebellion. They ought to return as quick as possible into the ufual track of government, in which every one is protected by the laws, and no one injured. nyf. Hali. The Greeks fet no bounds to the vengeance they (*)Dio took of tyrants, or of thofe they fufpected of tycarn. Ro- ranny; they put their children to death (°), nay, man An- fometimes five of their nearest relations * and tiquities, they profcribed an infinite number of families. By fuch means their republics fuffered the most violent fhocks; exiles or the return of the exiled were always epochas that indicated a change of the conftitution. Book 8, The Romans had more fenfe. When Caffius was put to death for having aimed at tyranny, the queftion was propofed whether his children fhould undergo the fame fate: but they were preserved. (*)Book 8." They, They, fays Dionyfius Halicarnaffeus (P), who P: 547. wanted to change this law at the end of the Marfian and civil wars, and to exclude from pub"lic offices the children of those who had been profcribed by Sylla, are very much to blame." We find in the wars of Marius and Sylla to what excess the Romans had gradually carried their barbarity. Such fcenes of cruelty it was hoped would never be revived. But under the triumvirs, they committed greater acts of oppref * Tyranno occifo quinque ejus proximos cognatione magiftratus necato, Cic. de invent. lib. 2. XII. fion, though with fome appearance of lenity; and Book it is provoking to fee what fophifms they make ufe Chap. 18. of to cover their inhumanity. Appian has given Book 4. us (1) the formula of the proscriptions. One would (9) Of the imagine they had no other aim than the good of civil wars, the republic with fuch calmnefs do they express themselves; fuch advantages do they point out to the state; fuch expediency do they fhew in the means they adopt; fuch fecurity do they promife to the opulent; fuch tranquility to the poor; fo apprehenfive do they feem of endangering the lives of the citizens; fo defirous of appeafing the foldiers; fuch felicity in fine do they prefage to the commonwealth . Rome was drenched in blood, when Lepidus triumphed over Spain: yet by an unparalleled absurdity he ordered public rejuicings in that city, upon pain of profcription †. In what manner the Ufe of Liberty is fufpended in a Republic. IN [N countries where liberty is most esteemed, there are laws by which a fingle perfon is deprived of it, in order to preferve it for the whole community. Such are in England what they call Bills of Attainder. These are relative to thofe Athenian • Quod felix fauftumque fit. laws + Sacris et epulis dent hunc diem : qui fecus faxit, inter profcriptos efto. It is not fufficient in the courts of juftice of that kingdom, that the evidence be of fuch a nature as to fatisfy the judges; there must be a legal proof; and the law requires the depofi U 2 tion |