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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 fifth part of the votes on his side； he was obliged to pay a fine of a thousand drachms。 ？schines； who accused Ctesiphon； was condemned to pay this fine。＇58＇ At Rome； a false accuser was branded with infamy＇59＇ by marking the letter K on his forehead。 Guards were also appointed to watch the accuser； in order to prevent his corrupting either the judges or the witnesses。＇60＇
I have already taken notice of that Athenian and Roman law by which the party accused was allowed to withdraw before judgment was pronounced。
21。 Of the Cruelty of Laws in respect to Debtors in a Republic。 Great 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 further addition to this servitude and subjection？
At Athens and Rome＇61＇ it was at first permitted to sell such debtors as were insolvent。 Solon redressed this abuse at Athens＇62＇ by ordaining that no man's body should answer for his civil debts。 But the decemvirs＇63＇ did not reform the same custom at Rome； and though they had Solon's regulation before their eyes； yet they did not choose to follow it。 This is not the only passage of the law of the Twelve Tables in which the decemvirs show their design of checking the spirit of democracy。
Often did those cruel laws against debtors throw the Roman republic into danger。 A man covered with wounds made his escape from his creditor's house and appeared in the forum。＇64＇ The people were moved with this spectacle； and other citizens whom their creditors durst no longer confine broke loose from their dungeons。 They had promises made them； which were all broken。 The people upon this； having withdrawn to the Sacred Mount； obtained； not an abrogation of those laws； but a magistrate to defend them。 Thus they quitted a state of anarchy； but were soon in danger of falling into tyranny。 Manlius； to render himself popular； was going to set those citizens at liberty who by their inhuman creditors＇65＇ had been reduced to slavery。 Manlius's designs were prevented； but without remedying the evil。 Particular laws facilitated to debtors the means of paying；＇66＇ and in the year of Rome 428 the consuls proposed a law＇67＇ which deprived creditors of the power of confining their debtors in their own houses。＇68＇ A usurer； by name Papirius； attempted to corrupt the chastity of a young man named Publius； whom he kept in irons。 Sextus's crime gave to Rome its political liberty； that of Papirius gave it also the civil。
Such was the fate of this city； that new crimes confirmed the liberty which those of a more ancient date had procured it。 Appius's attempt upon Virginia flung the people again into that horror against tyrants with which the misfortune of Lucretia had first inspired them。 Thirty…seven years after＇69＇ the crime of the infamous Papirius； an action of the like criminal nature＇70＇ was the cause of the people's retiring to the Janiculum；＇71＇ and of giving new vigour to the law made for the safety of debtors。
Since that time creditors were oftener prosecuted by debtors for having violated the laws against usury than the latter were sued for refusing to pay them。
22。 Of Things that strike at Liberty in Monarchies。 Liberty often has been weakened in monarchies by a thing of the least use in the world to the prince： this is the naming of commissioners to try a private person。
The prince himself derives so very little advantage from those commissioners that it is not worth while to change for their sake the common course of things。 He is morally sure that he has more of the spirit of probity and justice than his commissioners； who think themselves sufficiently justified by his nomination and orders； by a vague interest of state； and even by their very apprehensions。
Upon the arraigning of a peer under Henry VIII it was customary to try him by a committee of the House of Lords： by which means he put to death as many peers as he pleased。
23。 Of Spies in Monarchies。 Should I be asked whether there is any necessity for spies in monarchies； my answer would be that the usual practice of good princes is not to employ them。 When a man obeys the laws； he has discharged his duty to his prince。 He ought at least to have his own house for an asylum； and the rest of his conduct should be exempt from inquiry。 The trade of a spy might perhaps be tolerable； were it practised by honest men； but the necessary infamy of the person is sufficient to make us judge of the infamy of the thing。 A prince ought to act towards his subjects with candour； frankness； and confidence。
He that has so much disquiet； suspicion； and fear is an actor embarrassed in playing his part。 When he finds that the laws are generally observed and respected； he may judge himself safe。 The behaviour of the public answers for that of every individual。 Let him not be afraid： he cannot imagine how natural it is for his people to love him。 And how should they do otherwise than love him； since he is the source of almost all bounties and favours； punishments being generally charged to the account of the laws？ He never shows himself to his people but with a serene countenance； they have even a share of his glory； and they are protected by his power。 A proof of his being beloved is that his subjects have confidence in him： what the minister refuses； they imagine the prince would have granted。 Even under public calamities they do not accuse his person； they are apt to complain of his being misinformed； or beset by corrupt men。 〃Did the prince but know；〃 say the people； these words are a kind of invocation； and a proof of the confidence they have in his person。
24。 Of Anonymous Letters。 The Tartars are obliged to put their names to their arrows； that the arm may be known which shoots them。 When Philip of Macedon was wounded at the siege of a certain town； these words were found on the javelin； 〃Aster has given this mortal wound to Philip。〃＇72＇ If they who accuse a person did it merely to serve the public； they wou