Page:Montesquieu - The spirit of laws.djvu/330

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278
THE SPIRIT


CHAP. XIV.
Breach of Modesty in punishing Crimes.

Book XII.
Chap. 14, & 15.
THERE are rules of modesty observed by almost every nation in the world; now it would be very absurd to infringe these rules in the punishment of crimes, the principal view or which ought always to be the establishment of order.

Was it the intent of those oriental nations who exposed women to elephants trained up for an abominable kind of punishment, was it, I say, their intent to establish one law by the breach of another?

By an ancient custom of the Romans it was not permitted to put girls to death till they were ripe for marriage. Tiberius found out an expedient of having them debauched by the executioner before they were brought to the place of punishment[1]: thus this bloody and subtle tyrant destroyed the morals or the people to preserve their customs.

When the magistrates of Japan caused women to be exposed naked in the market-places, and obliged them to go upon all four like beasts, modesty was shocked[2]: but when they wanted to compel a mother—when they wanted to force a son—I cannot proceed; even nature herself was struck with horror.


CHAP. XV.
Of the Infranchisement of Slaves in order to accuse their Master.

AUGUSTUS made a law that the slaves of those who conspired against his person,

  1. Suetenius in Tiberis.
  2. Collection of voyages that contributed to the establishment of the East India company. Tom 5. Part 2.
should