Page:Essay on Crimes and Punishments (1775).djvu/137

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This is in my opinion, the best method of providing at the same time for the security and liberty of the subject, without favouring one at the expence of the other; which may easily happen, since both these blessings, the inalienable and equal patrimony of every citizen, are liable to be invaded, the one by open or disguised despotism, and the other by tumultuous and popular anarchy.

CHAPTER XXXI.

Of Crimes of difficult Proof.

WITH the foregoing principles in view, it will appear astonishing, that reason hardly ever presided at the formation of the laws of nations; that the weakest and most equivocal evidence, and even conjectures, have been thought sufficient proof for crimes the most atrocious, (and therefore most improbable) the most obscure and chimerical; as if it were the interest of the laws and the judge not to