2. The same Subject continued. The Spirit of the Laws | ||
29.2. 2. The same Subject continued.
Cecilius, in Aulus Gellius, [2] speaking of the law of the Twelve Tables which permitted the creditor to cut the insolvent debtor into pieces, justifies it even by its cruelty, which hindered people from borrowing beyond their ability of paying. [3] Shall then the cruellest laws be the best? Shall goodness consist in excess, and all the relations of things be destroyed?
Footnotes
[3]
Cecilius says that he never saw nor read of an instance in which this punishment had been inflicted; but it is likely that no such punishment was ever established: the opinion of some civilians, that the law of the Twelve Tables meant only the division of the money arising from the sale of the debtor, seems very probable.
2. The same Subject continued. The Spirit of the Laws | ||