Page:Montesquieu - The spirit of laws.djvu/180

128 seemed to have been lost. He is mistaken; the law of the twelve tables is full of very cruel punishments.

The design of the decemvirs appears most 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 that aimed at the subversion of liberty, were afraid of writings that might revive its spirit.

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 It is true they were not expressly repealed; but as the Porcian law had ordained that no citizen of Rome should be put to death, they were of no further use.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 cf the Romans, that no people were ever fonder of moderation in punishments.

But if to the lenity of punishments 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.

Sylla 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 but too much followed, he laid snares, sowed thorns, and Rh