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Augustus；＇38＇ because of some libels that had been written against persons of the first quality； Tiberius； because of those which he suspected to have been written against himself。 Nothing was more fatal to Roman liberty。 Cremutius Cordus was accused of having called Cassius in his annals the last of the Romans。＇39＇
Satirical writings are hardly known in despotic governments； where dejection of mind on the one hand； and ignorance on the other； afford neither abilities nor will to write。 In democracies they are not hindered； for the very same reason which causes them to be prohibited in monarchies； being generally levelled against men of power and authority； they flatter the malignancy of the people； who are the governing party。 In monarchies they are forbidden； but rather as a subject of civil animadversion than as a capital crime。 They may amuse the general malevolence； please the malcontents； diminish the envy against public employments； give the people patience to suffer； and make them laugh at their sufferings。
But no government is so averse to satirical writings as the aristocratic。 There the magistrates are petty sovereigns； but not great enough to despise affronts。 If in a monarchy a satirical stroke is designed against the prince； he is placed on such an eminence that it does not reach him； but an aristocratic lord is pierced to the very heart。 Hence the decemvirs； who formed an aristocracy； punished satirical writings with death。＇40＇
14。 Breach of Modesty in punishing Crimes。 There are rules of modesty observed by almost every nation in the world； now it would be very absurd to infringe these rules in the punishment of crimes； the principal view of which ought always to be the establishment of order。
Was it the intent of those Oriental nations who exposed women to elephants trained up for an abominable kind of punishment was it； I say； their intent to establish one law by the breach of another？
By an ancient custom of the Romans it was not permitted to put girls to death till they were ripe for marriage。 Tiberius found an expedient of having them debauched by the executioner before they were brought to the place of punishment：＇41＇ that bloody and subtle tyrant destroyed the morals of the people to preserve their customs。
When the magistrates of Japan caused women to be exposed naked in the market…places； and obliged them to go upon all fours like beasts； modesty was shocked：＇42＇ but when they wanted to compel a mother when they wanted to force a son I cannot proceed； even Nature herself is struck with horror。＇43＇
15。 Of the Enfranchisement of Slaves in order to accuse their Master。 Augustus made a law that the slaves of those who conspired against his person should be sold to the public； that they might depose against their master。＇44＇ Nothing ought to be neglected which may contribute to the discovery of a heinous crime； it is natural； therefore； that in a government where there are slaves they should be allowed to inform； but they ought not to be admitted as witnesses。
Vindex discovered the conspiracy 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 person who had rendered so great a service to his country； but it was not given him with a view of enabling him to render this service。
Hence the Emperor Tacitus ordained that slaves should not be admitted as witnesses against their masters； even in the case of high treason：＇45＇ a law which was not inserted in Justinian's compilation。
16。 Of Calumny with regard to the Crime of High Treason。 To do justice to the C？sars； they were not the first devisers of the horrid laws which they enacted。 It was Sulla＇46＇ that taught them that calumniators ought not to be punished； but the abuse was soon carried to such excess as to reward them。＇47＇
17。 Of the revealing of Conspiracies。 〃If thy brother； the son of thy mother； or thy son； or thy daughter； or the wife of thy bosom； or thy friend； which is as thine own soul； entice thee secretly； saying； 'Let us go and serve other gods；' thou shalt surely kill him； thou shalt stone him。〃＇48＇ This law of Deuteronomy cannot be a civil law among most of the nations known to us； because it would pave the way for all manner of wickedness。
No less severe is the law of several countries which commands the subjects； on pain of death； to disclose conspiracies in which they are not even so much as concerned。 When such a law is established in a monarchical government； it is very proper it should be under some restrictions。
It ought not to be applied in its full severity save to the strongest cases of high treason。 In those countries it is of the utmost importance not to confound the different degrees of this crime。 In Japan； where the laws subvert every idea of human reason； the crime of concealment is applied even to the most ordinary cases。
A certain relation＇49＇ makes mention of two young ladies who were shut up for life in a box thick set with pointed nails； one for having had a love intrigue； and the other for not disclosing it。
18。 How dangerous it is in Republics to be too severe in punishing the Crime of High Treason。 As soon as a republic has compassed the destruction of those who wanted to subvert it； there should be an end of terrors； punishments； and even of rewards。
Great punishments； and consequently great changes； cannot take place without investing some citizens with an exorbitant power。 It is； therefore； more advisable in this case to exceed in lenity than in severity； to banish but few； rather than many； and to leave them their estates； instead of making a vast number of confiscations。 Under pretence of avenging the republic's cause； the avengers would establish tyranny。 The business is not to destroy the rebel； but the rebellion。 They ought to return as quickly as possible into the usual track of government； in which every one is protected by the laws； and no one injured。
The Greeks set no bounds to the vengeance they took upon tyrants； or of those they suspected of tyranny； they put their children to death；＇50＇ nay； sometimes five of their nearest relatives；＇51＇ and they proscribed an infinite number of families。 By such means their republics suffered the most violent shocks： exiles； or the return of the exiled； were always epochs that indicated a change of the constitution。
The Romans had more sense。 When Cassius was put to death for having aimed at tyranny； the question was proposed whether his children should undergo the same fate： but they were preserved。 〃They；〃 says Dionysius Halicarnassus；＇52＇ 〃who wanted to change this law at the end of the Marsian and civil wars； and to exclude from public offices the children of those who had been proscribed by Sulla； are very much to blame。〃
We find in the wars of Marius and Sulla to what excess the Romans had gradually carried their barbarity。 Such scenes of cruelty it was hoped would never be revived。 But under the triumvirs they committed greater acts of oppression； though with some appearance of lenity； and it is provoking to see what sophisms they made use of to cover their inhumanity。 Appian has given us＇53＇ the formula of the proscriptions。 One would imagine they had no other aim than the good of the republic； with such calmness do they express themselves； such advantages do they point out to the state； such expediency do they show in the means they adopt； such security do they promise to the opulent； such tranquillity to the poor； so apprehensive do they seem of endangering the lives of the citizens； so desirous of appeasing the soldiers； such felicity； in fine； do they presage to the commonwealth。
Rome was drenched in blood when Lepidus triumphed over Spain： yet； by an unparalleled absurdity； he ordered public rejoicings in that city； upon pain of proscription。
19。 In what Manner the Use of Liberty is suspended in a Republic。 In countries where liberty is most esteemed； there are laws by which a single person is deprived of it； in order to preserve it for the whole community。 Such are in England what they call Bills of Attainder。＇54＇
These are in relation to those Athenian laws by which a private person was condemned；＇55＇ provided they were made by the unanimous suffrage of six thousand citizens。 They are in relation also to those laws which were made at Rome against private citizens； and were called privileges。＇56＇ These were never passed except in the great meetings of the people。 But in what manner soever they were enacted； Cicero was for having them abolished； because the force of a law consists in its being made for the whole community。＇57＇ I must own； notwithstanding； that the practice of the freest nation that ever existed induces me to think that there are cases in which a veil should be drawn for a while over liberty； as it was customary to cover the statues of the gods。
20。 Of Laws favourable to the Liberty of the Subject in a Republic。 In popular governments it often happens that accusations are carried on in public； and every man is allowed to accuse whomsoever he pleases。 This rendered it necessary to establish proper laws； in order to protect the innocence of the subject。 At Athens； if an accuser had not the fift