Page:Montesquieu - The spirit of laws.djvu/336

284 were also appointed to watch the accuser, in order to prevent his corrupting either the judges or the witnesses.

I have already taken notice of that Athenian and Roman law, by which the party accused was allowed to withdraw before judgment was pronounced.

REAT is the superiority which one fellow-subject has already over another, by lending him money, which the latter borrows in order to spend, and of course has no longer in his possession. What must be the consequence if the laws of a republic make a farther addition to this servitude and subjection?

At Athens and Rome it was at first permitted to sell such debtors as were insolvent. Solon redressed this abuse at Athens ; by ordaining that no man's body should answer for his civil debts. But the decemvirs did not reform the same custom at Rome; and though they had Solon's regulation before their eyes, yet they did not chuse to follow it. This is not the only passage of the law of the twelve tables, in which the decemvirs shew their design of checking the spirit of democracy.

Often did those cruel laws against debtors throw the Roman republic into danger. A man all covered Rh