But as the frequency of these crimes is not owing to their impunity, so much as to other causes, the danger of their passing unpunished is of less importance, and therefore the time of examination and prescription may be equally diminished. These principles are different from those commonly received; for it is in crimes, which are proved with the greatest difficulty, such as adultery, and sodomy, that presumptions, half proofs, &c. are admitted; as if a man could be half innocent, and half guilty; that is, half punishable and half absolvable. It is in these cases that torture should exercise its cruel power on the person of the accused, the witnesses, and even his whole family, as, with unfeeling indifference, some civilians have taught, who pretend to dictate laws to nations.
Adultery is a crime which, politically considered, owes its existence to two causes, viz. pernicious laws, and the powerful attraction between the sexes. This attraction is similar in many circumstances to gravity, the spring of motion in
