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the spirit of laws-第42章

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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 mihi patruus oro。

29。 The Papian law ordained; under Augustus; that women who had borne three children should be exempt from this tutelage。

30。 This tutelage was by the Germans called Mundeburdium。

31。 Upon their bringing before him a young man who had married a woman with whom he had before carried on an illicit commerce; he hesitated a long while; not daring to approve or to punish these things。 At length recollecting himself; 〃Seditions;〃 says he; 〃have been the cause of very great evils; let us forget them。〃 Dio; liv。 16。 The senate having desired him to give them some regulations in respect to women's morals; he evaded their petition by telling them that they should chastise their wives in the same manner as he did his; upon which they desired him to tell them how he behaved to his wife。 (I think a very indiscreet question。)

32。 Tacitus; Annals; iii。 24。

33。 This law is given in the Digest; but without mentioning the penalty。 It is supposed it was only relegatio; because that of incest was only deportatio。 Leg。; si quis viduam; ff。 de qu?st。

34。 Tacitus; Annals; iv。 19。

35。 Ibid。; ii。 50。

36。 Dec。 4; iv。

37。 Marseilles was the wisest of all the republics in its time; here it was ordained that dowries should not exceed one hundred crowns in money; and five in clothes; as Strabo observes; iv。

38。 Fragment of Nicolaus Damascenus; taken from Stob?us in the collection of Constantine Porphyrogenitus。

39。 He even permits them to have a more frequent interview with one another。

40。 Edifying Letters; coll。 xiv。

41。 Voyage to Guinea; part the second; p。 165; of the kingdom of Angola; on the Golden Coast。




Book VIII。 Of the Corruption of the Principles of the Three Governments

1。 General Idea of this Book。 The corruption of this government generally begins with that of the principles。

2。 Of the Corruption of the Principles of Democracy。 The principle of democracy is corrupted not only when the spirit of equality is extinct; but likewise when they fall into a spirit of extreme equality; and when each citizen would fain be upon a level with those whom he has chosen to command him。 Then the people; incapable of bearing the very power they have delegated; want to manage everything themselves; to debate for the senate; to execute for the magistrate; and to decide for the judges。

When this is the case; virtue can no longer subsist in the republic。 The people are desirous of exercising the functions of the magistrates; who cease to be revered。 The deliberations of the senate are slighted; all respect is then laid aside for the senators; and consequently for old age。 If there is no more respect for old age; there will be none presently for parents; deference to husbands will be likewise thrown off; and submission to masters。 This licence will soon become general; and the trouble of command be as fatiguing as that of obedience。 Wives; children; slaves will shake off all subjection。 No longer will there be any such thing as manners; order; or virtue。

We find in Xenophon's Banquet a very lively description of a republic in which the people abused their equality。 Each guest gives in his turn the reason why he is satisfied。 〃Content I am;〃 says Chamides; 〃because of my poverty。 When I was rich; I was obliged to pay my court to informers; knowing I was more liable to be hurt by them than capable of doing them harm。 The republic constantly demanded some new tax of me; and I could not decline paying。 Since I have grown poor; I have acquired authority; nobody threatens me; I rather threaten others。 I can go or stay where I please。 The rich already rise from their seats and give me the way。 I am a king; I was before a slave: I paid taxes to the republic; now it maintains me: I am no longer afraid of losing: but I hope to acquire。〃

The people fall into this misfortune when those in whom they confide; desirous of concealing their own corruption; endeavour to corrupt them。 To disguise their own ambition; they speak to them only of the grandeur of the state; to conceal their own avarice; they incessantly flatter theirs。

The corruption will increase among the corruptors; and likewise among those who are already corrupted。 The people will divide the public money among themselves; and; having added the administration of affairs to their indolence; will be for blending their poverty with the amusements of luxury。 But with their indolence and luxury; nothing but the public treasure will be able to satisfy their demands。

We must not be surprised to see their suffrages given for money。 It is impossible to make great largesses to the people without great extortion: and to compass this; the state must be subverted。 The greater the advantages they seem to derive from their liberty; the nearer they approach towards the critical moment of losing it。 Petty tyrants arise who have all the vices of a single tyrant。 The small remains of liberty soon become insupportable; a single tyrant starts up; and the people are stripped of everything; even of the profits of their corruption。

Democracy has; therefore; two excesses to avoid  the spirit of inequality; which leads to aristocracy or monarchy; and the spirit of extreme equality; which leads to despotic power; as the latter is completed by conquest。

True it is that those who corrupted the Greek republics did not always become tyrants。 This was because they had a greater passion for eloquence than for the military art。 Besides there reigned an implacable hatred in the breasts of the Greeks against those who subverted a republican government; and for this reason anarchy degenerated into annihilation; instead of being changed into tyranny。

But Syracuse being situated in the midst of a great number of petty states; whose government had been changed from oligarchy to tyranny;'1' and being governed by a senate'2' scarcely ever mentioned in history; underwent such miseries as are the consequence of a more than ordinary corruption。 This city; ever a prey to licentiousness'3' or oppression; equally labouring under the sudden and alternate succession of liberty and servitude; and notwithstanding her external strength; constantly determ
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