Page:Montesquieu - The spirit of laws.djvu/203

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OF LAWS.
151

Book VII.
Chap. 11.
suspected; or whether, in fine, they were afraid lest even honest people might chuse that this crime should rather be concealed, than punished.


CHAP. XI.
In what manner the Institutions changed at Rome, together with the Government.

AS morals were supposed by the domestic tribunal, they were also supposed by the public accusation; and hence it is that these two things fell together with the public morals, and ended with the republic[1].

The establishing of perpetual questions, that is, the division of jurisdiction among the praetors, and the custom gradually introduced of the praetors judging all affairs themselves[2], weakened the use of the domestic tribunal. This appears by the surprize of historians, who look upon the decisions which Tiberius caused to be given by this tribunal, as singular facts and as a renewal of the ancient course of pleading.

The establishment of monarchy and the change of manners put likewise an end to public accusations. It might be apprehended lest a dishonest man, affronted at the contempt shewn him by a woman, vexed at her refusals, and irritated even by her virtues, should form a design to destroy her. The Julian law ordained that a woman should not be accused of adultery till after her husband had been

  1. Judicio de moribus (quod antea quidem in antiquis legibus positum erat, non autem frequentabatur) penitus abolito, leg. 11. Cod. de repud.
  2. Judicia extraordinaria.
L 4
charged