Page:Montesquieu - The spirit of laws.djvu/185

Rh ——But I heard the voice of nature cry out loudly against me.

UR ancestors the Germans admitted of none but pecuniary punishments. Those free and warlike people were of opinion that their blood ought not to be spilt but with sword in hand. On the contrary, these punishments are rejected by the Japanese, under pretence that the rich might elude them. But are not the rich afraid of being stripped of their property? And might not pecuniary punishments be proportioned to people's fortunes? and in fine, might not infamy be added to these punishments?

A good legislator takes a just medium; he ordains neither always pecuniary, nor always corporal punishments.

HE use of the law of retaliation is very frequent in despotic countries, where they are fond of simple laws. Moderate governments admit of it sometimes; but with this difference, that the former exercise it in full rigour, and among the latter it always receives some kind of limitation.

The law of the twelve tables admitted two; first it never condemned to retaliation but when the Rh