Page:Montesquieu - The spirit of laws.djvu/313
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that in each conftitution are at iflift or check BOOK the principle of liberty, which t tate is capable chap 2
Of the Liberty cf the
(Hilofophical liberty en, ov "rcifc
of the will ; or at lead, i ably to ail fyflems, in an o[ e
free exercife of our will. Political .ndits in fe
curity, or at leaft in the opinion th enjoy fecurity.
This fecurity is never more dang ru..,fly a A than in public or private accusations. It is therefore on the goodnefs of criminal laws that the liberty of the fubject principally depends.
Criminal laws did not receive their full perfection all at once. Even in places where liberty has been mod fought after, it has not been aH\: s found. (? Politics Ariftotle ( p ) informs us that at Cumas, the parents of the accufer might be witnefTes. So imperfect was the law under the kings of Rome, that Servius Tullius pronounced fentence againft the children of n Ancus Martius, who were charged with having licarn.
afiaffinated the kins; his father-in-law : q ). Under book 4-
( \s er- the firft kings of France, Clotarius made a law( r ), j y
��that no body fhould be condemned without being year 560. heard ; which mews that a contrary cuflom had pre- p^^ n: vailed in fome particular cafe or among fome bar- book 2. barons people. It was Charondas that firft efta- ^ T ia P- 12 -
blimed penalties againft falfe witnefies ( f ). When his law. at the fubject has no fence to fecure his innocence, he Thurium has none for his liberty. g n [jj e o _
S 3 The lympiad,