INTRODUCTION. IN N every human fociety, there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the other to the extreme of weakness and mifery. The intent of good laws is to oppofe this effort, and to diffuse their influence univerfally and equally. But men generally abandon the care of their most important concerns to the uncertain prudence and difcretion of thofe, whose interest it is to reject the best and wifest inftitutions; and it is not till they have been led into a thousand mistakes, in matters the most effential to their lives and liberties, and are weary of fuffering, that they can be indu'ced to apply a remedy to the evils with which they are oppreffed. It is then they begin to conceive, and acknowledge the most palpable truths, which, from their very fimplicity, commonly escape vulgar minds, incapable of analyfing objects, accustomed to receive impreffions without distinction, and to be determined rather B by by the opinions of others, than by the refult of their own examination. If we look into history we fhall find, that laws which are, or ought to be, conventions between men in a fate of freedom, have been, for the most part, the work of the paffions of a few, or the confequences of a fortuitous or temporary neceffity; not dictated by a cool examiner of human nature, who knew how to collect in one point the actions of a multitude, and had this only end în view, the greatest happiness of the greatest number. Happy are thofe few nations, who have not waited till the flow fucceffion of human viciffitudes fhould, from the extremity of evil, produce a tranfition to good; but, by prudent laws, have facilitated the progrefs from one to the other! And how great are the obligations due from mankind to that philofopher, who, from the obfcurity of his clofet, had the courage to scatter among the multitude the feeds of ufeful truths, fo long unfruitful! ... The art of printing has diffufed the knowledge of thofe philofophical truths, by which the relations between fovereigns and their fubjects, and between nations, are difcovered. By this knowledge commerce is animated, and there has fprung up a fpirit of emulation, and industry, worthy worthy of rational beings. Thefe are the pro-duce of this enlightened age; but the cruelty of punishments, and the irregularity of proceeding in criminal cafes, fo principal a part of the legif lation, and fo much neglected throughout Europe, has hardly ever been called in question. Errors, accumulated through many centuries, have never been exposed by afcending to general principles; nor has the force of acknowledged truths been ever opposed to the unbounded licentioufnefs of ill-directed power, which has continually produced fo many authorifed exam-ples of the most unfeeling barbarity. Surely, the groans of the weak, facrificed to the cruel ignorance and indolence of the powerful; the barbarous torments lavished and multiplied with ufelefs feverity, for crimes either not proved, or in their nature impoffible; the filth and horrors of a prifon, increased by the most cruel tormentor of the miferable, uncertainty, ought to have roufed the attention of thofe, whofe bufinefs is to direct the opinions of mankind. The immortal Montefquieu has but flightly touched on this subject. Truth, which is eter-nally the fame, has obliged me to follow the steps of that great man; but the ftudious part of mankind, for whom I write, will eafily di-ftinguis |