Page:Montesquieu - The spirit of laws.djvu/203
U 1^ j^ A vv o. 151
fufpefbed; or whether, in fine, they were afraid left BOOK even honeft people might chufe that this crime chap. n. fliould rather be concealed, than punKhed.
CHAP. XI.
In what manner the Inflitutions changed at Rome, together with the Government.
AS morals were fuppoft-d by the domeftic tri bunal, they were alib fuppofcd by the public accufation ; and hence ic is that thde two things fell together with the public morals, and ended with the republic*.
The eftablifhing of perpetual queftions, that is, the divifion of jurifdiclion among the pnrtors, and the cuftom gradually introduced of the pnetors judging all affairs themfelves-f, weakened the uie of the domeftic tribunal. This appears by the furprize of hiftorians, who look upon the decifions which Tiberius caufed to be given by this tribunal, as fmgular facts and as a renewal of the ancient courfe of pleading.
The eftablifliment of monarchy and the change of manners put likewife an end to public accufations. It might be apprehended left a dilhoneft man, af fronted at the contempt Ihewn him by a woman, vexed at her refufals, and irritated even by her vir tues, Ihould form a defign to deltroy her. The Julian law ordained that a woman mould not be ac- cufed of adultery till after her hufband had been
��* Judicio de moribus (quod antea quidem in antiquii tegibus tum eraf y non autem freque nta&atur) penitus abolito, leg. 1 1 . Cod. de repud.
\ Judicia extraordiaaria*
L 4 charged
�� �
