Page:Montesquieu - The spirit of laws.djvu/169

This page has been proofread, but needs to be validated.
OF LAWS.
117

Book VI.
Chap. 8.
spirit of a republic, where each citizen ought to have an unlimited zeal for the public good, and where each citizen is supposed to hold the whole rights of his country in his hands. Under the emperors the republican maxims were still pursued; and instantly a pernicious set of men started up, a whole swarm of informers. Whosoever had numerous vices and abilities, a mean soul and an ambitious spirit, busied himself in the search of some criminal whose condemnation might be agreeable to the prince: this was the road to honor and fortune[1]; but luckily we are strangers to it in our country.

We have at present an admirable law, namely that which requires that the prince who is established for the execution of the laws, should appoint an officer in each court of judicature to prosecute all sorts of crimes in his name: by this means the profession of informers is a thing unknown to us; for if this public avenger were suspected to abuse his office, he would soon be obliged to name his author.

By Plato's laws[2], those who neglect to inform or to assist the magistrates, are liable to be punished. This would not be so proper in our days. The public prosecutor watches for the safety of the citizens; he proceeds in his office, while they enjoy the sweets of tranquillity.

  1. See in Tacitus the rewards given to these informers.
  2. Lib. 9.
I3
CHAP