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7。 Of a single Magistrate。 A magistracy of this kind cannot take place but in a despotic government。 We have an instance in the Roman history how far a single magistrate may abuse his power。 Might it not be very well expected that Appius on his tribunal should contemn all laws； after having violated that of his own enacting？＇19＇ Livy has given us the iniquitous distinction of the Decemvir。 He had suborned a man to reclaim Virginia in his presence as his slave； Virginia's relatives insisted that by virtue of his own law she should be consigned to them； till the definitive judgment was passed。 Upon which he declared that his law had been enacted only in favour of the father； and that as Virginius was absent； no application could be made of it to the present case。＇20＇
8。 Of Accusation in different Governments。 At Rome＇21＇ it was lawful for one citizen to accuse another。 This was agreeable to the spirit of a republic； where each citizen ought to have an unlimited zeal for the public good； and is supposed to hold all the rights of his country in his own hands。 Under the emperors； the republican maxims were still pursued； and instantly appeared a pernicious tribe； a swarm of informers。 Crafty； wicked men； who could stoop to any indignity to serve the purposes of their ambition； were sure to busy themselves in the search of criminals whose condemnation might be agreeable to the prince； this was the road to honour and preferment；＇22＇ but luckily we are strangers to it in our country。
We have at present an admirable law； namely； that by which the prince； who is established for the execution of the laws； appoints an officer in each court of judicature to prosecute all sorts of crimes in his name； hence the profession of informers is a thing unknown to us； for if this public avenger were suspected to abuse his office； he would soon be obliged to mention his author。
By Plato's Laws＇23＇ those who neglect to inform or to。 assist the magistrates are liable to punishment。 This would not be so proper in our days。 The public prosecutor watches for the safety of the citizens； he proceeds in his office while they enjoy their quiet and ease。
9。 Of the Severity of Punishments in different Governments。 The severity of punishments is fitter for despotic governments； whose principle is terror； than for a monarchy or a republic； whose spring is honour and virtue。
In moderate governments； the love of one's country； shame； and the fear of blame are restraining motives； capable of preventing a multitude of crimes。 Here the greatest punishment of a bad action is conviction。 The civil laws have therefore a softer way of correcting； and do not require so much force and severity。
In those states a good legislator is less bent upon punishing than preventing crimes； he is more attentive to inspire good morals than to inflict penalties。
It is a constant remark of the Chinese authors＇24＇ that the more the penal laws were increased in their empire； the nearer they drew towards a revolution。 This is because punishments were augmented in proportion as the public morals were corrupted。
It would be an easy matter to prove that in all； or almost all； the governments of Europe； penalties have increased or diminished in proportion as those governments favoured or discouraged liberty。
In despotic governments； people are so unhappy as to have a greater dread of death than regret for the loss of life； consequently their punishments ought to be more severe。 In moderate states they are more afraid of losing their lives than apprehensive of the pain of dying； those punishments； therefore； which deprive them simply of life are sufficient。
Men in excess of happiness or misery are equally inclinable to severity； witness conquerors and monks。 It is mediocrity alone； and a mixture of prosperous and adverse fortune； that inspires us with lenity and pity。
What we see practised by individuals is equally observable in regard to nations。 In countries inhabited by savages who lead a very hard life； and in despotic governments； where there is only one person on whom fortune lavishes her favours； while the miserable subjects lie exposed to her insults； people are equally cruel。 Lenity reigns in moderate governments。
When in reading history we observe the cruelty of the sultans in administration of justice； we shudder at the very thought of the miseries of human nature。
In moderate governments； a good legislator may make use of everything by way of punishment。 Is it not very extraordinary that one of the chief penalties at Sparta was to deprive a person of the power of lending out his wife； or of receiving the wife of another man； and to oblige him to have no company at home but virgins？ In short； whatever the law calls a punishment is such effectively。
10。 Of the ancient French Laws。 In the ancient French laws we find the true spirit of monarchy。 In cases relating to pecuniary mulcts； the common people are less severely punished than the nobility。＇25＇ But in criminal＇26＇ cases it is quite the reverse； the nobleman loses his honour and his voice in court； while the peasant； who has no honour to lose； undergoes a corporal punishment。
11。 That when People are virtuous few Punishments are necessary。 The people of Rome had some share of probity。 Such was the force of this probity that the legislator had frequently no further occasion than to point out the right road； and they were sure to follow it； one would imagine that instead of precepts it was sufficient to give them counsels。
The punishments of the regal laws； and those of the Twelve Tables； were almost all abolished in the time of the republic； in consequence either of the Valerian＇27＇ or of the Porcian law。＇28＇ It was never observed that this step did any manner of prejudice to the civil administration。
This Valerian law； which restrained the magistrates from using violent methods against a citizen that had appealed to the people； inflicted no other punishment on the person who infringed it than that of being reputed a dishonest man。＇29＇
12。 Of the Power of Punishments。 Experience shows that in countries remarkable for the lenity of their laws the spirit of the inhabitants is as much affected by slight penalties as in other countries by severer punishments。
If an inconvenience or abuse arises in the state； a violent government endeavours suddenly to redress it； and instead of putting the old laws in execution； it establishes some cruel punishment； which instantly puts a stop to the evil。 But the spring of government hereby loses its elasticity； the imagination grows accustomed to the severe as well as the milder punishment； and as the fear of the latter diminishes； they are soon obliged in every case to have recourse to the former。 Robberies on the highway became common in some countries； in order to remedy this evil； they invented the punishment of breaking upon the wheel； the terror of which put a stop for a while to this mischievous practice。 But soon after robberies on the highways became as common as ever。
Desertion in our days has grown to a very great height； in consequence of which it was judged proper to punish those delinquents with death； and yet their number did not diminish。 The reason is very natural； a soldier； accustomed to venture his life； despises； or affects to despise； the danger of losing it。 He is habituated to the fear of shame； it would have been therefore much better to have continued a punishment＇30＇ which branded him with infamy for life； the penalty was pretended to be increased； while it really diminished。
Mankind must not be governed with too much severity； we ought to make a prudent use of the means which nature has given us to conduct them。 If we inquire into the cause of all human corruptions； we shall find that they proceed from the impunity of criminals； and not from the moderation of punishments。
Let us follow nature； who has given shame to man for his scourge； and let the heaviest part of the punishment be the infamy attending it。
But if there be some countries where shame is not a consequence of punishment； this must be owing to tyranny； which has inflicted the same penalties on villains and honest men。
And if there are others where men are deterred only by cruel punishments； we may be sure that this must； in a great measure； arise from the violence of the government which has used such penalties for slight transgressions。
It often happens that a legislator； desirous of remedying an abuse； thinks of nothing else； his eyes are open only to this object； and shut to its inconveniences。 When the abuse is redressed； you see only the severity of the legislator； yet there remains an evil in the state that has sprung from this severity； the minds of the people are corrupted； and become habituated to despotism。
Lysander＇31＇ having obtained a victory over the Athenians； the prisoners were ordered to be tried； in consequence of an accusation brought against that nation of having thrown all the captives of two galleys down a precipice； and of having resolved in full assembly to cut off the hands of those whom they should chance to make prisoners。 The Athenians were therefore all massacred； except Adymantes； who had opposed this decree。 Lysande