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Appian has given us53 the formula of the proscriptions
How dangerous it is in Republics to be too severe in punishing the Crime of High Treason. As soon as a republic has compassed the destruction of those who wanted to subvert it, there should be an end of terrors, punishments,[link widoczny dla zalogowanych], and even of rewards. Great punishments, and consequently great changes, cannot take place without investing some citizens with an exorbitant power. It is, therefore, more advisable in this case to exceed in lenity than [link widoczny dla zalogowanych] in severity; to banish but few, rather than many; and to leave them their estates, instead of making a vast number of confiscations. Under pretence of avenging the republic’s cause, the avengers would establish tyranny. The business is not to destroy the rebel, but the rebellion. They ought to return as quickly as possible into the usual track of government, in which every one is protected by the laws, and no one injured.
The Greeks set no bounds to the vengeance they took upon tyrants, or of those they suspected of tyranny; they put their children to death,50 nay, sometimes five of their nearest relatives;51 and they proscribed an infinite number of families. By such means their republics suffered the most violent shocks: exiles, or the return of the exiled, were always epochs that indicated a change of the constitution. The Romans had more sense. When Cassius was put to death for having aimed at tyranny, the question was proposed whether his children should undergo the same fate: but they were preserved. "They," says [link widoczny dla zalogowanych] Dionysius Halicarnassus, "who wanted to change this law at the end of the Marsian and civil wars, and to exclude from public offices the children of those who had been proscribed by Sulla, are very much to blame."
We find in the wars of Marius and Sulla to what excess the Romans had gradually carried their barbarity. Such scenes of cruelty it was hoped would never be revived. But under the triumvirs they committed greater acts of oppression, though with some appearance of lenity; and it is provoking to see what sophisms they made use of to cover their inhumanity. Appian has given us53 the formula of the proscriptions. One would imagine they had no other aim than the good of the republic, with such calmness do they express themselves; such advantages do they point out to the state; such expediency do they show in the means they adopt; such security do they promise to the opulent; such tranquillity to the poor; so apprehensive do they seem of endangering [link widoczny dla zalogowanych] the lives of the citizens; so desirous of appeasing the soldiers; such felicity, in fine, do they presage to the commonwealth. Rome was drenched in blood when Lepidus triumphed over Spain: yet, by an unparalleled absurdity, he ordered public rejoicings in that city, upon pain of proscription.
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