Page:Montesquieu - The spirit of laws.djvu/181

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OF LAWS.
129

Book VI.
Chap. 15.
opened precipices, wheresoever the citizens set their feet.

Almost all Sylla's laws contained only the interdiction of fire and water. To this Caesar added the consiscation of goods[1], because the rich, by preserving their estates in exile, became bolder in the perpetration of crimes.

The emperors having established a military government, soon found that it was as terrible to the the prince as to the subject; they endeavoured therefore to temper it, and with this view had recourse to dignities and to the respect with which those dignities were attended.

The government thus drew nearer a little to monarchy, and punishments were divided into three classes[2]; those which related to the principal persons in the the state[3], which were very mild; those which were inflicted on persons of an inferior rank[4], and were more severe; and in fine such as concerned only persons of the lowest condition[5], which were the most rigorous.

Maximinus, that fierce, that stupid prince, increased the rigour of the military government which he ought to have softened. The senate were informed, says Capitolinus[6], that some had been crucified, others exposed to wild beasts, or sewed up in the skins of beasts lately killed, without any manner of regard to their dignity. It seemed as if he wanted to exercise the military discipline, on the model of which he pretended to regulate the civil administration.

In the considerations on the rise and declension of the Roman grandeur, we find, in what manner

  1. Poenas facinorum auxit. cum locupletes eo facilius scelere se obligarent, quod integris patrimoniis exularent. Suet in Jul. Caesare.
  2. See the 3d law §. Legis ad leg. Cornel. de Sicariis, and a vast number of others in the Digest and in the Codex.
  3. Sublimiores.
  4. Medios.
  5. Insimos leg. 3. §. legis ad leg. Cornel, de Sicariis.
  6. Jul. Cap. Maximini duo.
Vol. I.
K
Constantine