If the Romans were so late in coming to blows, they made ample
compensation after they had once entered upon the bloody scene; and
Appian’s history of their civil wars contains the most frightful
picture of massacres, proscriptions, and forfeitures that ever was
presented to the world. What pleases most in that historian is that he
seems to feel a proper resentment of these barbarous proceedings, and
talks not with that provoking coolness and indifference which custom
had produced in many of the Greek historians.[67]
The maxims of ancient politics contain, in general, 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!
Thus, one extreme produces another. In the same manner as excessive
severity in the laws is apt to beget great relaxation in their
execution, so their excessive lenity naturally produces cruelty and
barbarity. It is dangerous to force us, in any case, to pass their
sacred boundaries.
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