360 



HISTORY OF MEXICO. 



" proofs pofterity will fay of the torture, and will never 

 " ceafe to wonder that fuch a kind of proof was gene- 

 " rally in ufe, for fo many centuries, in the mofl: enlight- 

 " ened part of the world." An oath was of great weight 

 in the trials of the Mexicans, as we have already faid : 

 becaufe, as they were convinced of the terrible punifli- 

 ments infli&ed by the gods on thofe who perjured them- 

 felves, they conceived no one would dare to offend 

 againil them ; but we do not know that this kind of 

 proof was permitted to the profecutors againfl the ac- 

 cufed, but only to the accufed to clear himfelf from the 

 crime imputed to him. 



The Mexicans punifhed with feverity all the crimes 

 which are particularly repugnant to nature, or prejudi- 

 cial to a (late, fuch as high treafon, murder, theft, adul- 

 tery, inceft, and other exceffes of this kind ; facrilege, 

 drunkennefs, and lying. So far they conduced them- 

 felves wifely in punifhing mifdeeds ; but they erred in 

 the meafure of the punifhment, which in fome cafes was 

 exceffive and cruel. We do not attempt to palliate the 

 failings of that nation, but neither can we avoid obferv- 

 ing, that the mod famous people of the old continent 

 have afforded fuch examples of error and vice in their 

 legiflature, as make* the laws of the Mexicans appear 

 comparatively more mild- and, conformable tp*reafon. 

 " The celebrated laws of the Twelve Tables are full," 

 fays Montefquieu, " of the mofl cruel* ordinations ; at- 

 " tend to the punifhment of fire, and other fentences, 

 " which are always capital." Yet this is that mofl: fa- ♦* 

 mous compilation which the Romans made from the befl 

 they found among the Greeks. If then the befl laws 

 of greatly polifhed Greece were fuch, what muft thofe 

 have been which were not fo good ? What fort of legif- 

 lature 



