Page:Montesquieu - The spirit of laws.djvu/307

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OF LAWS.
255

Book XI.
Chap. 18.
judges. This we must say in commendation of the ancient French laws; they have stipulated with the officers of the revenues, with as great a diffidence as would be observed between enemies. When the judiciary power at Rome was transferred to the farmers of the revenues, there was then an end of virtue, policy, laws, magistracy, and magistrates.

Of this we find a very ingenuous description in some fragments of Diodorus Siculus and Dio. "Mutius Scevola, says Diodorus[1], wanted to receive the ancient morals, and the laudable custom of sober and frugal living. For his predecessors having entered into a contract with the farmers of the revenue who at that time were possessed of the judiciary power at Rome, they had filled the province with all manner of crimes. But Scevola made an example of the publicans, and imprisoned those who had sent others to prison."

Dio informs us[2], that Publius Rutilius his lieutenant, was equally obnoxious to the equestrian order, and that upon his return they accused him of having received some presents, and condemned him to a fine; upon which he instantly made a, cession of his goods. His innocence appeared in this, that he was found to be worth a great deal less than what he was charged with having extorted, and that he shewed a just title to what he possessed: but he would not live any longer in the same city with such profligate wretches.

[3]The Italians, says Diodorus again, bought up whole droves of slaves in Sicily, to till their lands and to take care of their cattle; but refused them a necessary subsistence. These wretches were then

  1. Fragment of this author book 36. in the collection of Constantine Porphyrogenitus of virtues and vices.
  2. Fragment of his history, taken form the Extract of virtues and vices.
  3. Fragment of the 34th book in the Extract of virtues and vices.
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