Page:Montesquieu - The spirit of laws.djvu/318

256 were, of a sick society. When there is a breach of security in respect to property, there may be some reasons for inflicting a capital punishment: but it would be much better, and perhaps more natural, that crimes committed against the security of property should be punished with the loss of property; and this ought indeed to be the case if mens fortunes were common or equal. But as those who have no property are generally the readiest to attack the property of others, it has been found necessary, instead of a pecuniary, to substitute a corporal punishment.

All that I have here advanced, is founded in nature, and extremely favourable to the liberty of the subject.

T is an important maxim; that we ought to be very circumspect in the prosecution of magic and heresy. The accusation of these two crimes may be vastly injurious to liberty, and productive of an infinite number of oppressions, if the legislator knows not how to set bounds to it. For as it does not aim directly at a person's actions, but at his character, it grows dangerous in proportion to the ignorance of the people; and then a man is always in danger, because the most unexceptionable conduct, the purest morals, and the constant practice of every duty in life, are not a sufficient security against the suspicion of his being guilty of crimes like these. Rh