12.14. 14. Breach of Modesty in punishing Crimes.
There are rules of modesty observed by almost every nation in the world; now it would be
very absurd to infringe these rules in the punishment of crimes, the
principal view of which ought always to be the establishment of order.
Was it the intent of those Oriental nations who exposed women to
elephants trained up for an abominable kind of punishment — was it, I
say, their intent to establish one law by the breach of another?
By an ancient custom of the Romans it was not permitted to put girls
to death till they were ripe for marriage. Tiberius found an expedient
of having them debauched by the executioner before they were brought to
the place of punishment:
[41]
that bloody and subtle tyrant destroyed the
morals of the people to preserve their customs.
When the magistrates of Japan caused women to be exposed naked in
the market-places, and obliged them to go upon all fours like beasts,
modesty was shocked:
[42]
but when they wanted to compel a mother — when
they wanted to force a son — I cannot proceed; even Nature herself is
struck with horror.
[43]
Footnotes
[41]
Suetonius, "Life of Tiberius," 61.
[42]
"Collection of Voyages that Contributed to the Establishment of
the East India Company," tome v, part II.
