6.10. 10. That when People are virtuous few Punishments are necessary.
The people of Rome had some share of probity. Such was the force of
this probity that the legislator had frequently no further occasion than
to point out the right road, and they were sure to follow it; one would
imagine that instead of precepts it was sufficient to give them
counsels.
The punishments of the regal laws, and those of the Twelve Tables,
were almost all abolished in the time of the republic, in consequence
either of the Valerian
[27]
or of the Porcian law.
[28]
It was never observed that this step did any manner of prejudice to the civil
administration.
This Valerian law, which restrained the magistrates from using
violent methods against a citizen that had appealed to the people,
inflicted no other punishment on the person who infringed it than that
of being reputed a dishonest man.
[29]
Footnotes
[27]
It was made by Valerius Publicola soon after the expulsion of
the kings, and was twice renewed, both times by magistrates of the same
family. As Livy observes, x, 9, the question was not to give it a
greater force, but to render its injunctions more perfect. "Diligentius
sanctum," says Livy, ibid.
[28]
"Lex Porcia pro tergo civium lata." It was made in the 454th year
of the foundation of Rome.
[29]
"Nihil ultra quam improbe factum adjecet"-- Livy, loc. cit.
