Blasphemies uttered in intoxication, in anger, in the excess of debauchery, or in the heat of unguarded conversation have been subjected by legislators to much lighter penalties. For instance, the advocate whom we have already cited says that the laws of France condemn simple blasphemers to a fine for the first offence, which is doubled for the second, tripled for the third, and quadrupled for the fourth offence; for the fifth relapse the culprit is set in the pillory, for the sixth relapse he is pilloried, and has his upper lip burned off with a hot iron, and for the seventh he loses his tongue. He should have added that this was an ordinance of the year 1666. Punishments are almost always arbitrary, which is a great defect in jurisprudence. But this defect opens the way for clemency and compassion, and this compassion is no other than the strictest justice, for it would be horrible to punish a youthful indiscretion as poisoners and parricides are punished. A sentence of death for an offence which deserves nothing more than correction is no other than an assassination committed with the sword of justice. Is it not to the purpose here to remark that what has been blasphemy in one country has often been piety in another? Suppose a Tyrian merchant landed at the port of Canope: he might be scandalized on seeing an onion, a cat, or a goat carried in procession; he might speak indecorously of Isheth, Oshireth, and Horeth, or might turn aside his head and not fall on his knees at the sight of a procession with the parts of human generation larger than life; he might express his opinion at supper, or even sing some song in which the Tyrian sailors made a jest of the Egyptian absurdities. He might be overheard by the maid of the inn, whose conscience would not suffer her to conceal so enormous a crime; she would run and denounce the offender to the nearest shoen that bore the image of the truth on his breast, and it is known how this image of truth was made. The tribunal of the shoens, or shotim, would condemn the Tyrian blasphemer to a dreadful death, and confiscate his vessel. Yet this merchant might be considered at Tyre as one of the most pious persons in Phœnicia. Numa sees that his little horde of Romans is a Collection of Latin freebooters who steal right and left all they can find--oxen, sheep, fowls, and girls. He tells them that he has spoken with the nymph Egeria in a cavern, and that the nymph has been employed by Jupiter to give him laws. The senators treat him at first as a blasphemer and threaten to throw him headlong from the Tarpeian rock. Numa makes himself a powerful party; he gains over some seniors who go with him into Egeria's grotto. She talks to them and converts them; they convert the senate and the people. In a little time Numa is no longer a blasphemer, the name is given only to such as doubt the existence of the nymph.