Page:Essay on Crimes and Punishments (1775).djvu/256

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lxviii
A COMMENTARY ON

cavern or a desart, his wife and children are' reduced to beg their bread.

THAT law which consists in depriving an orphan of support, and in giving to one man the possessions of another, was unknown in the times of the Roman republick. It was first introduced by Sylla, in his proscriptions, whose example one would scarce have thought worthy imitation. Nor indeed was this law adopted by Caesar, by Trajan, or by Antoninus, whose name is still pronounced with respect by all nations; and under Justinian, confiscation took place only in case of high treason.

IT seems that in the times of feudal anarchy, princes and lords not being very rich, fought to encrease their revenue by the condemnation of their subjects. Their laws being arbitrary, and the Roman jurisprudence unknown, customs either cruel or ridiculous prevailed. But now that the power of princes is founded on immense and certain revenues, there can be no need to