Book XII.
Chap. 15, & 16.should be sold to the public that they might depose against their master[1]. Nothing ought to be neglected that may contribute to the discovery of an heinous crime; it is natural therefore that in a government where there are slaves they should be allowed to inform; but they ought not to be admitted as witnesses.
Vindex discovered the conspiracy that had been formed in favour of Tarquin; but he was not admitted a witness against the children of Brutus. It was right to give liberty to a person who had rendered so great a service to his country; but it was not given him in order to enable him to render this service.
Hence the emperor Tacitus ordained that slaves should not be admitted as witnesses against their masters, even in the case of high treason[2]: a law which was not inserted in Justinian's complement.
CHAP. XVI.
Of Calumny in respect to the Crime of high Treason.
TO do justice to the Cæsars, they were not the first devisers of the dismal laws which they enacted. It is Sylla[3] that taught them that calumniators ought not to be punished; but the thing was soon carried so far as to reward them[4].
- ↑ Dio in Xiphilinus.
- ↑ Flavius Vopiscus in his life.
- ↑ Sylla made a law of Majesty, which is mentioned in Cicero's orations, pro Cluentio, Art. 3. in Pisonem, Art. 21. 2d. against Verres, Art. 5. familiar epistles, Book 3. Letter 11. Cæsar and Augustus inserted them in the Julian laws; others made additions to them.
- ↑ Et quò quis distinctior accusator eò magis honores assequebatur, ac veluti sacrosanctus erat. Tacit.
