so little humanity and moderation that it seems superfluous to give any particular reason for the violences committed at any particular period; yet I cannot forbear observing that the laws in the latter ages of the Roman commonwealth were so absurdly contrived that they obliged the heads of parties to have recourse to these extremities. All capital punishments were abolished. However criminal, or, what is more, however dangerous any citizen might be, he could not regularly be punished otherwise than by banishment; and it became necessary in the revolutions of party to draw the sword of private vengeance; nor was it easy, when laws were once violated, to set bounds to these sanguinary proceedings. Had Brutus himself prevailed over the Triumvirate, could he, in common prudence, have allowed Octavius and Anthony to live, and have contented himself with banishing them to Rhodes or Marseilles, where they might still have plotted new commotions and rebellions? His executing C. Antonius, brother to the Triumvir, shows evidently his sense of the matter. Did not Cicero, with the approbation of all the wise and virtuous of Rome, arbitrarily put to death Catiline’s associates contrary to law and without any trial or form of process? And if he moderated his executions, did it not proceed either from the clemency of his temper or the conjunctures of the times? A wretched security in a government which pretends to laws and liberty!
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OF THE POPULOUSNESS OF ANCIENT NATIONS.
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