Chap. V.... Continuation of the sane subject.

I do not know why Montesquieu has given the name of a law, to an oath which was equally inconsiderate and barbarous; a law which commanded a town to be destroyed because its inhabitants had destroyed another town, may be very unjust; but it would be no more contrary to the views of the legislator, than the law which determines the punishment of death against assassins, with the intention of preventing murder.

There are so many important laws nearer home, which are contrary to the intentions of the legislator in establishing them, that it is strange the author of the Spirit of Laws should choose these two examples.

This observation often presents itself, and the reason may be assigned. See chap. 16.