the spirit of laws-第32节
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The frightful dissolution of manners obliged indeed the emperors to enact laws in order to put some stop to lewdness； but it was not their intention to establish a general reformation。 Of this the positive facts related by historians are a much stronger proof than all these laws can be of the contrary。 We may see in Dio the conduct of Augustus on this occasion； and in what manner he eluded； both in his pr？torian and censorian office； the repeated instances that were made him＇31＇ for that purpose。
It is true that we find in historians very rigid sentences； passed in the reigns of Augustus and Tiberius； against the lewdness of some Roman ladies： but by showing us the spirit of those reigns； at the same time they demonstrate the spirit of those decisions。
The principal design of Augustus and Tiberius was to punish the dissoluteness of their relatives。 It was not their immorality they punished； but a particular crime of impiety or high treason＇32＇ of their own invention； which served to promote a respect for majesty； and answered their private revenge。 Hence it is that the Roman historians inveigh so bitterly against this tyranny。
The penalty of the Julian law was small。＇33＇ The emperors insisted that in passing sentence the judges should increase the penalty of the law。 This was the subject of the invectives of historians。 They did not examine whether the women were deserving of punishment； but whether they had violated the law； in order to punish them。
One of the most tyrannical proceedings of Tiberius＇34＇ was the abuse he made of the ancient laws。 When he wanted to extend the punishment of a Roman lady beyond that inflicted by the Julian law； he revived the domestic tribunal。＇35＇
These regulations in respect to women concerned only senatorial families； not the common people。 Pretences were wanted to accuse the great； which were constantly furnished by the dissolute behaviour of the ladies。
In fine； what I have above observed； namely； that regularity of manners is not the principle of monarchy； was never better verified than under those first emperors； and whoever doubts it need only read Tacitus； Suetonius； Juvenal； or Martial。
14。 Sumptuary Laws among the Romans。 We have spoken of public incontinence because it is the inseparable companion of luxury。 If we leave the motions of the heart at liberty； how shall we be able to restrain the weaknesses of the mind？
At Rome； besides the general institutions； the censors prevailed on the magistrates to enact several particular laws for maintaining the frugality of women。 This was the design of the Fannian； Licinian； and Oppian laws。 We may see in Livy＇36＇ the great ferment the senate was in when the women insisted upon the revocation of the Oppian law。 The abrogation of this law is fixed upon by Valerius Maximus as the period whence we may date the luxury of the Romans。
15。 Of Dowries and Nuptial Advantages in different Constitutions。 Dowries ought to be considerable in monarchies； in order to enable husbands to support their rank and the established luxury。 In republics； where luxury should never reign；＇37＇ they ought to be moderate； but there should be hardly any at all in despotic governments； where women are in some measure slaves。
The community of goods introduced by the French laws between man and wife is extremely well adapted to a monarchical government； because the women are thereby interested in domestic affairs； and compelled； as it were； to take care of their family。 It is less so in a republic； where women are possessed of more virtue。 But it would be quite absurd in despotic governments； where the women themselves generally constitute a part of the master's property。
As women are in a state that furnishes sufficient inducements to marriage； the advantages which the law gives them over the husband's property are of no service to society。 But in a republic they would be extremely prejudicial； because riches are productive of luxury。 In despotic governments the profits accruing from marriage ought to be mere subsistence； and no more。
16。 An excellent Custom of the Samnites。 The Samnites had a custom which in so small a republic； and especially in their situation； must have been productive of admirable effects。 The young people were all convened in one place； and their conduct was examined。 He that was declared the best of the whole assembly had leave given him to take which girl he pleased for his wife； the second best chose after him； and so on。＇38＇ Admirable institution！ The only recommendation that young men could have on this occasion was their virtue and the services done their country。 He who had the greatest share of these endowments chose which girl he liked out of the whole nation。 Love； beauty； chastity； virtue； birth； and even wealth itself； were all； in some measure； the dowry of virtue。 A nobler and grander recompense； less chargeable to a petty state； and more capable of influencing both sexes； could scarcely be imagined。
The Samnites were descended from the Laced？monians； and Plato； whose institutes are only an improvement of those of Lycurgus； enacted nearly the same law。＇39＇
17。 Of Female Administration。 It is contrary to reason and nature that women should reign in families； as was customary among the Egyptians； but not that they should govern an empire。 In the former case the state of their natural weakness does not permit them to have the pre…eminence； in the latter their very weakness generally gives them more lenity and moderation； qualifications fitter for a good administration than roughness and severity。
In the Indies they are very easy under a female government； and it is settled that if the male issue be not of a mother of the same blood； the females born of a mother of the blood…royal must succeed。＇40＇ And then they have a certain number of persons who assist them to bear the weight of the government。 According to Mr。 Smith；＇41＇ they are very easy in Africa under female administration。 If to this we add the example of England and Russia； we shall find that they succeed alike both in moderate and despotic governments。
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1。 The first census was the hereditary share in land； and Plato would not allow them to have； in other effects； above a triple of the hereditary share。 See his Laws； v。
2。 〃In large and populous cities；〃 says the author of the Fable of the Bees； i； p。 133； 〃they wear clothes above their rank； and； consequently； have the pleasure of being esteemed by a vast majority； not as what they are； but what they appear to be。 They have the satisfaction of imagining that they appear what they would be： which； to weak minds； is a pleasure almost as substantial as they could reap from the very accomplishment of their wishes。〃
3。 Chapters 3； 4。
4。 Fragment of the 36th book of Diodorus； quoted by Constantine Porphyrogenitus； in his Extract of Virtues and Vices。
5。 Cum maximus omnium impetus ad luxuriant esset。 Ibid。
6。 De Moribus Germanorum； 44。
7。 Dio Cassius； liv。 16。
8。 Tacitus； Annals； iii。 34。
9。 Malta duritiei veterum melius et latius mutata Tacitus；Annals； iii。 34。
10。 Opulentia paritura mox egestatem。 Florus； iii。 12。
11。 Constitution of James I in the year 1234； art。 6； in Marca Hispanica； p。 1429。
12。 They have prohibited rich wines and other costly merchandise。
13。 Lettres persanes； 106。 See below； xx。 20。
14。 Luxury has been here always prohibited。
15。 In an ordinance quoted by Father Du Halde； ii； p。 497。
16。 History of China； 21st Dynasty； in Father Du Halde's work； i。
17。 In a discourse cited by Father Du Halde； iii； p。 418。
18。 〃In respect to true love；〃 says Plutarch； 〃the women have nothing to say to it。〃 In his Treatise of Love； p。 600。 He spoke in the style of his time。 See Xenophon in the dialogue intitled Hiero。
19。 At Athens there was a particular magistrate who inspected the conduct of women。
20。 Romulus instituted this tribunal； as appears from Dionysius Halicarnassus； ii； p。 96。
21。 See in Livy； xxxix； the use that was made of this tribunal at the time of the conspiracy of the Bacchanalians （they gave the name of conspiracy against the republic to assemblies in which the morals of women and young people were debauched。）
22。 It appears from Dionysius Halicarnassus； ii； that Romulus's institution was that in ordinary cases the husband should sit as judge in the presence of the wife's relatives； but that in heinous crimes he should determine in conjunction with five of them。 Hence Ulpian； tit。 6； 9； 12； 13； distinguishes in respect to the different judgments of manners between those which he calls important； and those which are less so： mores graviores； mores leviores。
23。 Judicio de moribus （quod antea quidem in antiquis legibus positum erat； non autem frequentabatur） penitus abolito。 Leg。 11。 Cod。 de repud。
24。 Judicia extraordinaria。
25。 It was entirely abolished by Constantine： 〃It is a shame；〃 said he； 〃that settled marriages should be disturbed by the presumption of strangers。〃
26。 Sextus Quintus ordained； that if a husband did not come and make his complaint to him of his wife's infidelity； he should be put to death。 See Leti； Life of Sextus V。
27。 Nisi convenissent in manum viri。
28。 Ne sis
