364 



HISTORY OF MEXICO* 



cording to law. Before that law Julia de Adulterns 

 was made by Auguflus, we do not know, fays Vives 

 (#), that a caufe of adultery was ever tried in Rome ; 

 as much as to fay, that that celebrated nation failed in 

 juftice in a point of this importance for feven centuries. 



If, after making a comparifon of the laws, we fliould 

 alfo compare the nuptial rites of the two nations, we 

 Ihould find in them both a great deal of fuperftition y 

 but in other refpecls a ftrong difference between them ; 

 thofe of the Mexicans were decent and becoming, thofe 

 of the Romans indecent and reproachable. 



In regard to the laws of war, it is feldom we meet 

 with them juft, among a warlike people ; the great 

 efteem of valour and military glory, creates enemies of 

 thofe who are not otherwife hoftile ; and ambition to 

 conquer infligates them to trefpafs on the limits prefcrib- 

 ed by juftice. Neverthelefs, in the laws of the Mexi- 

 cans, traits appear which would do honour to more cul- 

 tivated nations. They never declared war until they had 

 examined the motives for it in full council, and received 

 the approbation of the high-prieft. Befides, they gene- 

 rally endeavoured by embalfies and melfages, to thofe 

 on whom war was defigned, to bring about what they 

 wifhed by peaceable meafures, before they proceeded to 

 a rupture. Thofe kinds of delay gave their enemies time 

 to prepare themfelves for defence ; and befides, the juf- 

 tification of their conduct, contributed to make it attend- 

 ed with honour ; as it was efleemed very bafe to make 

 war on an unguarded enemy without having firft chal- 

 lenged them, that victory might never be afcribed to any 

 thing elfe than their bravery. 



It 



(a) L'Efprit de Loix, liv. xx. chap. 14. 



