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e therefore all massacred； except Adymantes； who had opposed this decree。 Lysander reproached Phylocles； before he was put to death； with having depraved the people's minds； and given lessons of cruelty to all Greece。
〃The Argives；〃 says Plutarch；＇32＇ 〃having put fifteen hundred of their citizens to death； the Athenians ordered sacrifices of expiation； that it might please the gods to turn the hearts of the Athenians from so cruel a thought。〃
There are two sorts of corruptions one when the people do not observe the laws； the other when they are corrupted by the laws： an incurable evil； because it is in the very remedy itself。
13。 Insufficiency of the Laws of Japan。 Excessive punishments may even corrupt a despotic government； of this we have an instance in Japan。
Here almost all crimes are punished with death；＇33＇ because disobedience to so great an emperor as that of Japan is reckoned an enormous crime。 The question is not so much to correct the delinquent as to vindicate the authority of the prince。 These notions are derived from servitude； and are owing especially to this； that as the emperor is universal proprietor； almost all crimes are directly against his interests。
They punish with death lies spoken before the magistrate；＇34＇ a proceeding contrary to natural defence。
Even things which have not the appearance of a crime are severely punished； for instance； a man that ventures his money at play is put to death。
True it is that the character of this people； so amazingly obstinate； capricious； and resolute as to defy all dangers and calamities； seems to absolve their legislators from the imputation of cruelty； notwithstanding the severity of their laws。 But are men who have a natural contempt for death； and who rip open their bellies for the least fancy are such men； I say； mended or deterred； or rather are they not hardened； by the continual prospect of punishments？
The relations of travellers inform us； with respect to the education of the Japanese； that children must be treated there with mildness； because they become hardened to punishment； that their slaves must not be too roughly used； because they immediately stand upon their defence。 Would not one imagine that they might easily have judged of the spirit which ought to reign in their political and civil government from that which should prevail in their domestic concerns？
A wise legislator would have endeavoured to reclaim people by a just temperature of punishments and rewards； by maxims of philosophy； morality； and religion； adapted to those characters； by a proper application of the rules of honour； and by the enjoyment of ease and tranquillity of life。 And should he have entertained any apprehension that their minds； being inured to the cruelty of punishments； would no longer be restrained by those of a milder nature； he would have conducted himself＇35＇ in another manner； and gained his point by degrees； in particular cases that admitted of any indulgence； he would have mitigated the punishment； till he should have been able to extend this mitigation to all cases。
But these are springs to which despotic power is a stranger； it may abuse itself； and that is all it can do： in Japan it has made its utmost effort； and has surpassed even itself in cruelty。
As the minds of the people grew wild and intractable； they were obliged to have recourse to the most horrid severity。
This is the origin； this the spirit； of the laws of Japan。 They had more fury； however； than force。 They succeeded the extirpation of Christianity； but such unaccountable efforts are a proof of their insufficiency。 They wanted to establish a good policy； and they have shown greater marks of their weakness。
We have only to read the relation of the interview between the Emperor and the Deyro at Meaco。＇36＇ The number of those who were suffocated or murdered in that city by ruffians is incredible； young maids and boys were carried off by force； and found afterwards exposed in public places； at unseasonable hours； quite naked； and sewn in linen bags； to prevent their knowing which way they had passed； robberies were committed in all parts； the bellies of horses were ripped open； to bring their riders to the ground； and coaches were overturned； in order to strip the ladies。 The Dutch； who were told they could not pass the night on the scaffolds without exposing themselves to the danger of being assassinated； came down； &c。
I shall here give one instance more from the same nation。 The Emperor having abandoned himself to infamous pleasures； lived unmarried； and was consequently in danger of dying without issue。 The Deyro sent him two beautiful damsels； one he married out of respect； but would not meddle with her。 His nurse caused the finest women of the empire to be sent for； but all to no purpose。 At length； an armourer's daughter having pleased his fancy；＇37＇ he determined to espouse her； and had a son。 The ladies belonging to the court； enraged to see a person of such mean extraction preferred to themselves； stifled the child。 The crime was concealed from the Emperor； for he would have deluged the land with blood。 The excessive severity of the laws hinders； therefore； their execution： when the punishment surpasses all measure； they are frequently obliged to prefer impunity to it。
14。 Of the Spirit of the Roman Senate。 Under the consulate of Acilius Glabrio and Piso； the Asilian law＇38＇ was made to prevent the intriguing for places。 Dio says＇39＇ that the senate engaged the consuls to propose it； by reason that C。 Cornelius； the tribune； had resolved to cause more severe punishments to be established against this crime； to which the people seemed greatly inclined。 The senate rightly judged that immoderate punishments would strike； indeed； a terror into people's minds； but must have also this effect； that there would be nobody afterwards to accuse or condemn； whereas； by proposing moderate penalties； there would be always judges and accusers。
15。 Of the Roman Laws in respect to Punishments。 I am strongly confirmed in my sentiments upon finding the Romans on my side； and I think that punishments are connected with the nature of governments when I behold this great people changing in this respect their civil laws； in proportion as they altered their form of government。
The regal laws； made for fugitives； slaves； and vagabonds； were very severe。 The spirit of a republic would have required that the decemvirs should not have inserted those laws in their Twelve Tables； but men who aimed at tyranny were far from conforming to a republican spirit。
Livy says；＇40＇ in relation to the punishment of Metius Suffetius； dictator of Alba； who was condemned by Tullius Hostilius to be fastened to two chariots drawn by horses； and torn asunder； that this was the first and last punishment in which the remembrance of humanity seemed to have been lost。 He is mistaken； the Twelve Tables are full of very cruel laws。＇41＇
The design of the decemvirs appears more conspicuous in the capital punishment pronounced against libellers and poets。 This is not agreeable to the genius of a republic； where the people like to see the great men humbled。 But persons who aimed at the subversion of liberty were afraid of writings that might revive its spirit。＇42＇
After the expulsion of the decemvirs； almost all the penal laws were abolished。 It is true they were not expressly repealed； but as the Porcian law had ordained that no citizen of Rome should be put to death； they were of no further use。
This is exactly the time to which we may refer what Livy says＇43＇ of the Romans； that no people were ever fonder of moderation in punishments。
But if to the lenity of penal laws we add the right which the party accused had of withdrawing before judgment was pronounced； we shall find that the Romans followed the spirit which I have observed to be natural to a republic。
Sulla； who confounded tyranny； anarchy； and liberty； made the Cornelian laws。 He seemed to have contrived regulations merely with a view to create new crimes。 Thus distinguishing an infinite number of actions by the name of murder； he found murderers in all parts； and by a practice too much followed； he laid snares； sowed thorns； and opened precipices； wheresoever the citizens set their feet。
Almost all Sulla's laws contained only the interdiction of fire and water。 To this C？sar added the confiscation of goods＇44＇ because the rich； by preserving their estates in exile； became bolder in the perpetration of crimes。
The emperors； having established a military government； soon found that it was as terrible to the prince as to the subject； they endeavoured therefore to temper it； and with this view had recourse to dignities； and to the respect with which those dignities were attended。
The government thus drew nearer a little to monarchy； and punishments were divided into three classes：＇45＇ those which related to the principal persons in the state；＇46＇ which were very mild： those which were inflicted on persons of an inferior rank；＇47＇ and were more severe； and； in fine； such as concerned only persons of the lowest condition；＇48＇ which were the most rigorous。
Maximinus； that fierce and stupid prince； increased the rigour of the