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ent 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 military government which he ought to have softened。 The senate were informed； says Capitolinus；＇49＇ that some had been crucified； others exposed to wild beasts； or sewn up in the skins of beasts lately killed； without any manner of regard to their dignity。 It seemed as if he wanted to exercise the military discipline； on the model of which he pretended to regulate the civil administration。
In The Consideration on the Rise and Declension of the Roman Grandeur＇50＇ we find in what manner Constantine changed the military despotism into a military and civil government； and drew nearer to monarchy。 There we may trace the different revolutions of this state； and see how they fell from rigour to indolence； and from indolence to impunity。
16。 Of the just Proportion between Punishments and Crimes。 It is an essential point； that there should be a certain proportion in punishments； because it is essential that a great crime should be avoided rather than a smaller； and that which is more pernicious to society rather than that which is less。
〃An impostor；＇51＇ who called himself Constantine Ducas； raised a great insurrection at Constantinople。 He was taken and condemned to be whipped； but upon informing against several persons of distinction； he was sentenced to be burned as a calumniator。〃 It is very extraordinary that they should thus proportion the punishments between the crime of high treason and that of calumny。
This puts me in mind of a saying of Charles II； King of Great Britain。 He saw a man one day standing in the pillory； upon which he asked what crime the man had committed。 He was answered； 〃Please your Majesty； he has written a libel against your ministers。〃 〃The fool！〃 said the King； 〃why did he not write against me？ They would have done nothing to him。〃
〃Seventy persons having conspired against the Emperor Basil； he ordered them to be whipped； and the hair of their heads and beards to be burned。 A stag； one day； having taken hold of him by the girdle with his horn； one of his retinue drew his sword