Front Page Titles (by Subject) CHAP. XX.: Of Laws favourable to the Liberty of the Subject in a Republic. - Complete Works, vol. 1 The Spirit of Laws
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CHAP. XX.: Of Laws favourable to the Liberty of the Subject in a Republic. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws 
The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.
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Of Laws favourable to the Liberty of the Subject in a Republic.
IN popular governments it often happens that accusations are carried on in public, and every man is allowed to accuse whomsoever he pleases. This rendered it necessary to establish proper laws, in order to protect the innocence of the subject. At Athens, if an accuser had not the fifth part of the votes on his side, he was obliged to pay a fine of a thousand drachms. Æschines, who accused Ctesiphon, was condemned to pay this fine§ . At Rome a false accuser was branded with infamy* , by marking the letter K on his forehead. Guards were also appointed to watch the accuser, in order to prevent his corrupting either the judges or the witnesses† .
I have already taken notice of that Athenian and Roman law, by which the party accused was allowed to withdraw before judgement was pronounced.
[§ ]See Philostratus, book 1, Lives of the Sophists, life of Æschines. See likewise Plutarch and Phocius.
[* ]By the Remmian law.
[† ]Plutarch, in a treatise entitled, How a person may reap advantage from his enemies.