SUBSCRIBER:


past masters commons

Annotation Guide:

cover
The Complete Works of Montesquieu. Electronic Edition.
cover
Volume I.
Body
BOOK XII.: OF THE LAWS THAT FORM POLITICAL LIBERTY, AS RELATIVE TO THE SUBJECT.
CHAP. III.: The same Subject continued.

CHAP. III.: The same Subject continued.

THOSE laws, which condemn a man to death on the deposition of a single witness, are fatal to liberty. In right reason there should be two; because a witness who affirms, and the accused who denies, make an equal balance, and a third must incline the scale.

The Greeks†392 and Romans†393 required one voice more to condemn: but our French laws insist upon two. The Greeks pretend that their custom was established by the Gods†394; but this more justly may be said of ours.