Chap. IX.... The Greek and Roman laws punished suicide from different motives.

The principle of the law of entails originates in the Roman laws; as well as in ours, from the assumption that the right of possession extends to the disposal of our goods after our death. This principle is generally established, because in almost every place those in actual possession have made the laws. If the Romans were desirous of perpetuating certain sacrifices, as we are of making certain titles hereditary, it is very probable that vanity was equally the motive: it was in all cases choosing a future representative.

In what country of Greece was suicide punished, and what was the punishment? Montesquieu does not inform us. Nor does Plato in his dialogues, speak of any such laws established. He says, for example.... that a slave who should kill a free man in defending himself, should be punished with death. As respects suicide, Plato advises the relations to bury those who die by their own hands, without any ceremony, without any inscription, and finally to consult the priests upon the form of the expiatory sacrifice.

Indeed, the expression shall be punished, is not to be found in Plato: and this is the manner in which Montesquieu quotes Plato, and shews that suicide was punished in Greece.

In Rome, if a person deprived himself of life, before being condemned, he avoided the confiscation of his goods and a denial of the right of sepulture. The emperors afterwards decreed, that the accused, who should deprive themselves of life to prevent condemnation, should be treated as if they had been condemned. The laws which authorised confiscation after condemnation, were unjust; those which deprived the condemned of burial, might be barbarous, but in all this there was no punishment of suicide.

In England an exception is granted from certain punishments, to those who can read. Suppose that a law had been made to deprive those of this privilege, who had learned to read during the trial: could it be said that in England these punishments were enacted against those who had learned to read?