CHAP. VIII.: Of Accusation in different Governments.

AT Rome And in a great many other cities. ^†161 it was lawful for one citizen to accuse another: this was agreeable to the spirit of a republic, where each citizen ought to have an unlimited zeal for the public good, and is supposed to hold all the rights of his country in his own hands. Under the emperors the republican maxims were still pursued; and instantly appeared a pernicious tribe, a swarm of informers. Crafty wicked men, who could stoop to any indignity to serve the purposes of their ambition, were sure to busy themselves in the search of criminals whose condemnation might be agreeable to the prince: this was the road to honour and preferment See, in Tacitus, the rewards given to those informers. ^†162: but luckily we are strangers to it in our country.

We have at present an admirable law, namely, that by which the prince, who is established for the execution of the laws, appoints an officer in each court of judicature to prosecute all sorts of crimes in his name: hence 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 mention his author.

By Plato’s laws Lib. 9. ^†163, those who neglect to inform or assist the magistrates are liable to punishment. 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 their quiet and ease.