Endmatter

Endnotes

^†1 It was a work in the form of letters, the purpose of which was to prove that the idolatry of most of the pagans did not appear to deserve eternal damnation.

^†2 See vol. iv. p. 115.

^†3 See this encomium in English, as we read it in the paper called the Evening Post. “On the 10th of this month died at Paris, universally and sincerely regretted, Charles Secondat, baron of Montesquieu, and president à mortier of the parliament of Bourdeaux. His virtues did honour to human nature, his writings justice. A friend to mankind, he asserted their undoubted and unalienated rights, with freedom, even in his own country, whose prejudices in matters of religion and government (we must remember it is an Englishman who speaks) he had long lamented, and endeavoured (not without some success) to remove. He well knew and justly admired the happy constitution of this country, where fixed and known laws equally restrain monarchy from tyranny, and liberty from licentiousness. His works will illustrate his name, and survive him, as long as right reason, moral obligation, and the true Spirit of Laws, shall be understood, respected, and maintained.”

^†4 The author of the anonymous and periodical paper, which we mentioned above, pretends to find a manifest contradiction between what we say here and that which we had said before, that M. de Montesquieu’s health was impaired by the slow and almost infallible effect of deep study. But why, when he was comparing the two places, has he suppressed these words, slow and almost infallible, which he had under his eyes? It is evidently because he perceived, that an effect, which is slow, is not a bit less real for not being felt immediately; and than, consequently, these words destroy that appearance of contradiction which he pretends to point out. Such is the fidelity of this author in trifles, and for a stronger reason in more serious matters.

^†5 Ludibria ventis.

^†6 Bis patriæ cecidere manus. —

^†7 Ed io anche son pittore.

^†8 “Law,” says Plutarch, “is the king of mortal and immortal beings.” See his treatise, entitled, A Discourse to an unlearned Prince.

^†9 Witness the savage found in the forests of Hanover, who was carried over to England under the reign of George I.

^†10 Declam. 17. & 28.

^†11 See the Considerations on the causes of the grandeur and decline of the Romans.

^†12 Page 691. & 692. edit. Wechel. Ann. 1576.

^†13 Lib. 1.

^†14 Lib. 4, Art. 15, & seq.

^†15 See, in the Considerations on the causes of the grandeur and decline of the Romans, chap. 9. how this spirit of Servius Tullus was preserved in the republic.

^†16 Dionysius Halicarn. eulogium of Isocrates, p. 67. tom. 2. Edit. Wechel. Pollux, l. 8. c. 10, Art. 130.

^†17 See the oration of Demosthenes de falsâ legat. and the oration against Timarchus.

^†18 They used even to draw two tickets for each place; one which gave the place, and the other which named the person who was to succeed in case the first was rejected.

^†19 Lib. 1. & 3. de Leg.

^†20 They were called Leges Tabulares: two tablets were presented to each citizen; the first marked with an A, for Antiquo, or I forbid it; and the other with an U and an R, for Uti rogas, or Be it as you desire.

^†21 At Athens the people used to lift up their hands.

^†22 As at Venice.

^†23 The thirty tyrants at Athens ordered the suffrages of the Areopagites to be public, in order to manage them as they pleased. Lysias, Orat. contra Agorai. cap. 8.

^†24 See Dionys. Halicarn. lib. 4. & 9.

^†25 See Mr. Addison’s Travels to Italy.

^†26 They were named at first by the consuls.

^†27 This is what ruined the republic of Rome. See Considerations on the causes of the grandeur and decline of the Romans.

^†28 Tournefort’s voyages.

^†29 At Lucca the magistrates are chosen only for two months.

^†30 Diodorus, lib. 18. p. 601. Rhodoman’s edition.

^†31 Ferdinand, king of Arragon, made himself grand-master of the orders; and that alone changed the constitution.

^†32 The eastern kings are never without vizirs, says Sir John Chardin.

^†33 This is a very important distinction, from whence I shall draw many consequences, for it is the key of an infinite number of laws.

^†34 Cromwell.

^†35 Plutarch, Life of Pericles. Plato, in Critia.

^†36 She had, at that time, twenty-one thousand citizens, ten thousand strangers, and four hundred thousand slaves. See Athenæus, book 6.

^†37 She had then twenty thousand citizens. See Demosthenes in Aristog.

^†38 They had passed a law which rendered it a capital crime for any one to propose applying the money designed for the theatres to military service.

^†39 This lasted three years.

^†40 Public crimes may be punished, because it is here a common concern; but private crimes will go unpunished, because it is the common interest not to punish them.

^†41 I speak here of political virtue, which is, also, moral virtue, as it is directed to the public good: very little of private moral virtue, and not at all of that virtue which relates to revealed truths. This will appear better, book V. chap. 2.

^†42 This is to be understood in the sense of the preceding note.

^†43 We must not, says he, employ people of mean extraction, they are too rigid and morose.

^†44 This word, good man, is understood here in a political sense only.

^†45 See the note, p. 30.

^†46 See Perry, p 447.

^†47 As it often happens in a military aristocracy.

^†48 Ricault on the Ottoman empire.

^†49 See the history of this revolution, by father Ducerceau.

^†50 His was a military constitution, which is one of the species of despotic government.

^†51 See sir John Chardin.

^†52 Ibid.

^†53 See D’Aubigny’s history.

^†54 We mention here what actually is, and not what ought to be. Honour is a prejudice, which religion sometimes endeavours to remove, and at other times to regulate.

^†55 Polit. lib. 1.

^†56 Philopœmen obliged the Lacedæmonians to change their manner of educating their children, being convinced that, if he did not take this measure, they would always be noted for their magnanimity. Plutarch. Life of Philopœmen. See Livy, book 38.

^†57 She defended her laws and liberty for the space of three years. See the 98th, 99th, and 100th book of Livy, in Florus’s Epitome. She made a braver resistance than the greatest kings.

^†58 Florus, lib. 1.

^†59 In fæce Romuli, Cicero.

^†60 The Indians of Paraguay do not depend on any particular lord: they pay only a fifth of the taxes, and are allowed the use of fire-arms to defend themselves.

^†61 Plutarch, in his questions concerning the Greek affairs.

^†62 Such as were formerly the cities of Greece.

^†63 Life of Pelopidas.

^†64 Plato, in his fourth book of laws, says, that the præfectures of music and gymnic exercises are the most important employments in the city: and, in his Republic, book III. Damon will tell you, says he, what sounds are capable of corrupting the mind with base sentiments, or of inspiring the contrary virtues.

^†65 Book 5th of memorable sayings.

^†66 Polit. book 3. chap. 4.

^†67 Diophantes, says Aristotle, Polit. ch. 7. made a law, formerly, at Athens, that artisans should be slaves to the republic.

^†68 Plato, likewise, and Aristotle require slaves to till the land: Laws, book V. Polit. book VII. c. 10. True it is, that agriculture was not every where exercised by slaves: on the contrary, Aristotle observes, the best republics were those in which the citizens themselves tilled the land. But this was brought about by the corruption of the ancient governments, which were become democratical; for, in earlier times, the cities of Greece were subject to an aristocratic government.

^†69 Cauponatio.

^†70 Book 2.

^†71 Arist. Polit. lib. 10.

^†72 Ars corporum exercendorum gymnastica, variis certaminibus terendorum pædotribica. Aristot. Polit. l. 8. c. 5.

^†73 Aristotle observes, that the children of the Lacedæmonians, who began these exercises at a very tender age, contracted from thence too great a ferocity and rudeness of behaviour. Polit. lib. 8. c. 4.

^†74 Life of Pelopidas.

^†75 Plutarch, life of Solon.

^†76 Ibid.

^†77 Philolaus, of Corinth, made a law, at Athens, that the number of the portions of land and that of inheritances should be always the same. Arist. Polit. lib. 2. cap. 12.

^†78 Republic, book 8.

^†79 Cornelius Nepos, in præfat. This custom began in the earliest times. Thus Abraham says of Sarah, she is my sister; my father’s daughter, but not my mother’s. The same reasons occasioned the establishing the same law among different nations.

^†80 De specialibus legibus quæ pertinent ad præcepta Decalogi.

^†81 Lib. 10.

^†82 Atbenis dimidium licet, Alexandræ totum. Seneca de morte Claudii.

^†83 Plato has a law of this kind, lib. 3. leg.

^†84 Aristot. lib. 2. cap. 7.

^†85 Solon made four classes; the first, of those who had an income of 500 minas, either in corn or liquid fruits; the second, of those who had 300, and were able to keep a horse; the third, of such as had only 200; the fourth, of all those who lived by their manual labour. Plut. Life of Solon.

^†86 Solon excludes, from public employments, all those of the fourth class.

^†87 They insisted upon a larger division of the conquered lands. Plutarch’s moal works, Lives of the ancient Kings and Commanders.

^†88 In these the portions or fortunes of women ought to be very much limited.

^†89 The magistrates there were annual, and the senators for life.

^†90 Lycurgus, says Xenophon, (de Repub Lacedæm.) ordained, that the senators should be chosen from amongst the old men, to the end that they might not be neglected in the decline of life: thus, by making them judges of the courage of young people, he rendered the old age of the former more honourable than the strength and vigour of the latter.

^†91 Even the Areopagus itself was subject to their censure.

^†92 Republic of the Lacedæmonians.

^†93 We may see, in the Roman history, how useful this power was to the republic. I shall give an instance even in the time of its greatest corruption. Aulus Fulvius was set out on his journey, in order to join Catiline; his father called him back, and put him to death. Sallust, de bello Catil.

^†94 In our days, the Venetians, who, in many respects, may be said to have a very wise government, decided a dispute between a noble Venetian and a gentleman of Terra-Firma, in respect to precedency in a church, by declaring, that, out of Venice, a noble Venetian had no pre-eminence over any other citizen.

^†95 It was inserted by the decemvirs in the two last tables. See Dionys. Halicarn. l. 10.

^†96 As in some aristocracies in our time. Nothing is more prejudicial to government.

^†97 See, in Strabo, l. 14. in what manner the Rhodians behaved in this respect.

^†98 Amelot de la Housaye, of the government of Venice, part 3. The Claudian law forbad the senators to have any ship at sea that held above forty bushels. Liv. l. 21.

^†99 The informers throw their scrolls into it.

^†100 See Livy, l. 49. A censor could not be troubled even by a censor; each made his remark without taking the opinion of his colleague; and, when it otherwise happened, the censorship was, in a manner, abolished.

^†101 At Athens, the logistæ, who made all the magistrates accountable for their conduct, gave no account themselves.

^†102 It is so practised at Venice: Amelot de la Housaye, p. 30 and 31.

^†103 The main design of some aristocracies seems to be less the support of the state than of their nobility.

^†104 It is tolerated only in the common people. See the third law, Cod. de comm. & mercatoribus, which is full of good sense.

^†105 Testam. polit.

^†106 Barbaris cunctatio servilis, statim exequi regium videtur. Tacit. Annal. l. 5.

^†107 Lib. 3. de Leg.

^†108 See the first note of book 2. ch. 4.

^†109 Memoirs of Cardinal de Retz, and other histories.

^†110 Testam, polit.

^†111 Edifying Letters, 11. col. p. 315.

^†112 Continuation of Puffendorf’s Introduction to the History of Europe, in the article of Sweden, ch. 10.

^†113 According to sir John Chardin, there is no council of state in Persia.

^†114 See Ricaut, State of the Ottoman Empire, p. 196.

^†115 See concerning the inheritances of the Turks, Ancient and Modern Sparta. See also Ricaut on the Ottoman Empire.

^†116 Collection of Voyages that contributed to the establishment of the East-India company, tom. 1. The law of Pegu is less cruel: if there happen to be children, the king succeeds only to two-thirds. Ibid. tom. 3. p. 1.

^†117 See the different constitutions, especially that of 1722.

^†118 See Justin.

^†119 See the book of laws, as relative to the nature of the climate.

^†120 Languilletiere, Ancient and Modern Sparta, p. 463.

^†121 The same may be said of compositions in regard to fair bankrupts.

^†122 There was no such establishment made till the Julian law, de cessione bonorum; which preserved them from prison and from an ignominious division of their goods.

^†123 Authentica bona damnatorum. Cod. de bon. damn.

^†124 They seem to have been too fend of confiscations in the republic of Athens.

^†125 Book 5. ch. 3.

^†126 Ut esse Phœbi dulcius lumen solet
Jamjam cadentis. —
— —

^†127 Collection of Voyages that contributed to the Establishment of the East-India Company, tom. 1. p. 80.

^†128 Book 12. of Laws.

^†129 Leg. §. 5. ad leg. Jul. repet.

^†130 Munuscula.

^†131 Plato, in his Republic, book 8. ranks these refusals among the marks of the corruption of a republic. In his Laws, book 6 he orders them to be punished by a fine. At Venice they are punished with banishment.

^†132 Victor Amadeus.

^†133 Some centurions having appealed to the people for the employments which they had before enjoyed, It is just, my comrades. said a centurion, that you should look upon every post as honourable in which you have an opportunity of defending the republic. Livy, Dec. 5. lib. 42.

^†134 Ne imperium ad optimos nobilium transferretur, senatum militia vetuit Gallienus, etiam adire exercitum. Aurelius Victor, de viris illustribus.

^†135 Augustus deprived the senators, proconsuls, and governors, of the privilege of wearing arms. Dio, l. 33.

^†136 Constantine. See Zozimus, lib. 2.

^†137 Ammianus Marcellinus, lib. 26. More veterum & bella recturo.

^†138 Fragments taken from the embassies of Constantine Porphyrogenitus.

^†139 Repub. lib. 8.

^†140 We see the laziness of Spain, where all public employments are given away.

^†141 In Mazulipatan it could never be found out that there was such a thing as a written law. See the Collection of Voyages that contributed to the establishment of the India Company, tom. IV. part I. p. 391. The Indians are regulated in their decisions by certain customs. The Vedan and such like books do not contain civil laws, but religious precepts. See Lettres ed. 14. collect.

^†142 Cæsar, Cromwell, and many others.

^†143 Non liquet.

^†144 Quas actiones, ne populus prout vellet institueret, certas solemnesque esse voluerunt. Lib. 2, §. 6. Digest. de Orig. Jur.

^†145 In France, a person, though sued for more than he owes, loses his costs if he has not offered to pay the exact debt.

^†146 Discourse on the first decade of Livy, book 1, chap. 7.

^†147 This is well explained in Cicero’s oration pro Cæcina, towards the end.

^†148 This was a law at Athens, as appears by Demosthenes. Socrates refused to make use of it.

^†149 Demosthenes pro corona, p. 494, edit. Frankf. an. 1604.

^†150 See Philostratus’s Lives of the Sophists, book 1. Life of Aeschines.

^†151 Plato does not think it right that kings, who, as he says, are priests, should preside on trials where people are condemned to death, to exile, or imprisonment.

^†152 See the relation of the trial of the duke de la Valette. It is printed in the Memoirs of Montresor tom. ii. p 62.

^†153 It was afterwards revoked. See the same relation.

^†154 Annal. lib. 11.

^†155 Annal. lib. 13.

^†156 Hist. lib. 5.

^†157 The same disorder happened under Theodosius the younger.

^†158 Secret History.

^†159 See the 2d law, § 24, ff. de Orig. Jur.

^†160 Quod pater puellæ abesset, locum injuriæ esse ratus. Livius, Dec. 1. lib. 3.

^†161 And in a great many other cities.

^†162 See, in Tacitus, the rewards given to those informers.

^†163 Lib. 9.

^†164 I shall shew hereafter that China is, in this respect, in the same case as a republic or a monarchy.

^†165 Suppose, for instance, to prevent the execution of a decree, the common people paid a fine of forty sous, and the nobility of sixty livres. Somme Rurale, book 2. p. 198. edit. Got. of the year 1512.

^†166 See the Council of Peter Defontaines, chap. 13. especially the 22d art.

^†167 It was made by Valerius Publicola soon after the expulsion of the kings, and was twice renewed, both times by magistrates of the same family, as Livy observes, lib. 10. the question was not to give it a greater force, but to render its injunctions more perfect; diligentius sanctum, says Livy, ibid.

^†168 Lex Porcia pro tergo civium lata. It was made in the 454th year of the foundation of Rome.

^†169 Nihil ultra quam improbe factum adjecit. Liv.

^†170 They slit his nose, or cut off his ears.

^†171 Xenoph. Hist. lib. 3.

^†172 Morals, of those who are intrusted with the direction of the state-affairs.

^†173 See Kempfer.

^†174 Collection of Voyages that contributed to the establishment of the East-India Company, tom. 3. p. 428.

^†175 Let this be observed, as a maxim in practice, with regard to cases where the minds of people have been depraved by too great a severity of punishments.

^†176 Collection of Voyages that contributed to the establishment of the East-India Company, tom. 5, p. 2.

^†177 Ibid.

^†178 The guilty were condemned to a fine; they could not be admitted into the rank of senators, nor nominated to any public office. Dio, book 36.

^†179 Book 36.

^†180 Lib. 1.

^†181 We find there the punishment of fire, and generally capital punishments, theft punished with death, &c.

^†182 Sylla, animated with the same spirit as the decemvirs, followed their example, in augmenting the penal laws against satirical writers.

^†183 Book 1.

^†184 Pœnas facinorum auxit, cum locupletes eo facilius scelere se obligarent, quod integris patrimoniis exularent. Suet. in Jul. Cæsare.

^†185 See the 3d law, §. legis ad leg. Cornel. de sicariis, and a vast number of others in the Digest and in the Codex.

^†186 Sublimiores.

^†187 Medios.

^†188 Infimos, leg. 3. §. legis ad leg. Cornel. de sicariis.

^†189 Jul. Cap. Maximini duo.

^†190 Hist. of Nicephorus, patriarch of Constantinople.

^†191 In Nicephorus’s history.

^†192 Duhalde, tom. i. p. 6.

^†193 Present state of Russia, by Perry.

^†194 The English.

^†195 The citizens of Athens could not be put to the rack (Lysias, orat. in Agorot.) unless it was for high-treason. The torture was used within thirty days after condemnation. (Curius Fortunatus, Rhetor. Schol. lib. 2.) There was no preparatory torture. In regard to the Romans, the 3d and 4th law ad leg. Jul. majest. shew, that birth, dignity, and the military profession, exempted people from the rack, except in cases of high-treason. See the prudent restrictions of this practice made by the laws of the Visigoths.

^†196 See Kempfer.

^†197 It is established in the Koran. See the chapter of the cow.

^†198 Si membrum rupit, ni cum eo pacit, talio esto. Aul. Gellius, lib. 20. c. 1.

^†199 See Kempfer.

^†200 See also the law of the Visigoths, book 6. tit. 4. §. 3. and 5.

^†201 See Garcilasso, history of the civil wars of the Spaniards.

^†202 Instead of punishing them, says Plato, they ought to be commended for not having followed their father’s example. Book 9. of Laws.

^†203 Evagr. hist.

^†204 Fragments of Suidas, in Constant. Porphyrog.

^†205 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, book 5.

^†206 In large and populous cities, says the author of the Fable of the Bees, tom. 1. p. 97, they wear cloaths 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 to imagine 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.

^†207 Chap. 4. and 5.

^†208 Fragment of the 36th book of Diodorus, quoted by Const. Porphyrogen in his extract of virtues and vices.

^†209 Cum maximus omnium impetus ad luxuriam esset. Ibid.

^†210 De morib. German.

^†211 Dio Cassius, lib. 54.

^†212 Tacit. Annal. lib. 3.

^†213 Multa duritiei veterum melius et lætius mutata. Tacit. Annal. lib. 3.

^†214 Opulentia paritura mox egestatem. Florus, lib. 3.

^†215 Constitution of James I. in the year 1234, article 6, in Marca Hispanica, p. 1429.

^†216 They have prohibited rich wines and other costly merchandizes.

^†217 See book 20. chap. 20.

^†218 Luxury has been here always prohibited.

^†219 In an ordinance quoted by father Du Halde, tom. 2. p. 497.

^†220 History of China, 21st dynasty in father Du Halde’s work, tom. 1.

^†221 In a discourse cited by father Du Halde, tom. 2. p. 418.

^†222 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 Hicro.

^†223 At Athens there was a particular magistrate who inspected the conduct of women.

^†224 Romulus instituted this tribunal, as appears from Dionysius Halicarnass. book 2. p. 96.

^†225 See, in Livy, book 39. 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.

^†226 It appears, from Dionys. Halicarn. lib. 2. that Romulus’s institution was, that, in ordinary cases, the husband should sit as judge in the presence of the wife’s relations, 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 judgements of manners, between those which he calls important, and those which are less so; graviores, leviores.

^†227 Judicio de moribus (quod antea quidem in antiquis legibus pofitum erat, non autem frequentabatur) penitus abolito, leg. 11. Cod. de repud.

^†228 Judicia extraordinaria.

^†229 It was entirely abolished by Constantine. “It is a shame, said be, that settled marriages should be disturbed by the presumption of strangers.”

^†230 Sixtus 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.

^†231 Nisi convenissent in manum viri.

^†232 Ne sis mihi patruus oro.

^†233 The Papian law ordained, under Augustus, that women who had borne three children should be exempt from this tutelage.

^†234 This tutelage was, by the Germans, called Mundeburdium.

^†235 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, book 54. 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.)

^†236 Culpam inter viros et fœminas vulgatam gravi nomine læsarum religionum appellando, clementiam majorum suasque ipse leges egrediebatur. Tacit. Annal. lib. 3.

^†237 This law is given in the Digest; but without mentioning the penalty. It was supposed it was only relegatio, because that of incest was only deportatio. Leg. si quis viduam, ff. de quæst.

^†238 Proprium id Tiberio fuit, scelera nuper reperta priscis verbis obtegere. Tacit.

^†239 Adulterii graviorem pœnam deprecatus, ut exemplo majorum propinquis suis ultra ducentesimum lapidem removeretur, suasit. Adultero Manlio Italiâ atque Africâ interdictum est. Tacit. Annal. lib. 2.

^†240 Decad. IV. lib. 4.

^†241 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 cloaths, as Strabo observes, lib. 4.

^†242 Fragment of Nicolaus Damascenus, taken from Stobæus, in the collection of Constantine Porphyrogenitus.

^†243 He even permits them to have a more frequent interview with one another.

^†244 Edifying Letters, 14th collection.

^†245 Voyage to Guinea, part the second, of the kingdom of Angola, on the Golden Coast.

^†246 See Plutarch, in the lives of Timoleon and Dio.

^†247 It was that of the six hundred, of whom mention is made by Diodorus.

^†248 Upon the expulsion of the tyrants, they made citizens of strangers and mercenary troops, which gave rise to civil wars. Arist. Polit. lib. 5. cap. 3. The people having been the cause of the victory over the Athenians the republic was changed. Ibid. cap. 4. The passion of two young magistrates, one of whom carried off the other’s boy, and, in revenge, the other debauched his wife, was attended with a change in the form of this republic. Ibid. lib. 7. cap. 4.

^†249 Aristot. Polit. lib. 5. cap. 4.

^†250 Ibid.

^†251 The aristocracy is changed into an oligarchy.

^†252 Venice is one of those republics that has enacted the best laws for correcting the inconveniences of an hereditary aristocracy.

^†253 Justin attributes the extinction of Athenian virtue to the death of Epaminondas. Having no farther emulation, they spent their revenues in feasts; frequentius scenam quam castra visentes. Then it was that the Macedonians emerged from obscurity: l. 6.

^†254 Compilement of works made under the Mings, by father Du Halde.

^†255 Under the reign of Tiberius, statues were erected to, and triumphal ornaments conferred on, informers; which debased these honours to such a degree, that those who had really merited them disdained to accept of them. Frag. of Dio, book 58. taken from the extract of virtues and vices, by Constantine Porphyrog. See, in Tacitus, in what manner Nero, on the discovery and punishment of a pretended conspiracy, bestowed triumphal ornaments on Petronius Turpilianus, Nerva, and Tigellinus. Annal. book 14. See, likewise, how the generals refused to serve, because they contemned the military honours; pervulgatis triumphi insignibus. Tacit. Annal. book 13.

^†256 In this state, the prince knew extremely well the principle of his government.

^†257 Herodian.

^†258 Aristot. Polit. book 2, chap. 10.

^†259 They always united immediately against foreign enemies; which was called syncretism. Plut. Mor. p. 88.

^†260 Repub. lib. 9.

^†261 Plutarch’s Morals, treatise whether a man advanced in years ought to meddle with public affairs.

^†262 Repub. lib. 5.

^†263 The gymnic art was divided into two parts, dancing and wrestling. In Crete they had the armed dances of the Curetes; at Sparta they had those of Castor and Pollux; at Athens the armed dances of Pallas, which were extremely proper for those that were not yet of age for military service. Wrestling is the image of war, said Plato, of laws, book 7. He commends antiquity for having established only two dances, the pacific and the Pyrrhic. See how the latter dance was applied to the military art, Plato, ibid.

^†264 . . . . . . Aut libidinosæ
Ledaeas Lacedæmonis palæstras.

Mart. lib. 4, ep. 55.

^†265 Plutarch’s Morals, in the treatise entitled, Questions concerning the affairs of the Romans.

^†266 Ibid.

^†267 Plutarch’s Morals, Table Propositions, book 2.

^†268 Book 1.

^†269 Livy, book 3.

^†270 Ibid. book 3.

^†271 About a hundred years after.

^†272 See book 11th, chap. 12th.

^†273 See Dio, book 38. Cicero’s life in Plutarch, Cicero to Atticus, book 4th, letter 10 and 15. Asconius on Cicero de divinatione.

^†274 As when a petty sovereign supports himself betwixt two great powers by means of their mutual jealousy; but then he has only a precarious existence.

^†275 See the history of the United-Provinces, by Mons. Le Clerc.

^†276 It is the cudgel that governs China, says father Du Halde.

^†277 Among others, De Lange’s relation.

^†278 Of the family of Sourmama. Edifying Letters, 18th Collection.

^†279 See, in father Du Halde, how the missionaries availed themselves of the authority of Canhi to silence the mandarines, who constantly declared, that, by the laws of the country, no foreign worship could be established in the empire.

^†280 See the order of Tsongtou for tilling the land, in the Edifying Letters, 21st collection.

^†281 It is composed of about fifty different republics, all different from one another. State of the United-Provinces, by M. Janisson.

^†282 Civil liberty, goods, wives, children, temples, and even burying-places.

^†283 Strabo, lib. 14.

^†284 Ibid.

^†285 Ibid.

^†286 See the code of barbarian laws.

^†287 See the anonymous author of the life of Lewis the Debonnaire, in Duchesne’s collection, tom. 2. p. 296.

^†288 See M. Barbeyrac’s collection, art. 112.

^†289 Strabo, lib. 2.

^†290 With regard to Tockenburg.

^†291 He was at the head of a faction.

^†292 Hanno wanted to deliver Hannibal up to the Romans, as Cato would fain have delivered up Cæsar to the Gauls.

^†293 Of the 18th of October, 1738, printed at Genoa, by Franchelli. Vietiamo al nostro general governatore in detta isola di condannare in avennire solamente ex informata conscientia persona alcuna nazionale in pena afflittiva; potra ben si arrestare ed incarcerare le persone che gli sarranno sospette, salvo di renderne poi a noi conto sollecitamente. Art. 6.

^†294 See Puffendorf’s Universal History.

^†295 Dionys. Halicar. l. 7.

^†296 See Arrian. de expedit. Alexandri, lib. 1.

^†297 Ibid.

^†298 Ibid.

^†299 See Arrian. de expedit. Alexandri.

^†300 This was Aristotle’s Advice. Plutarch’s Morals, of the fortune and virtue of Alexander.

^†301 See the law of the Burgundians, tit. 12. art. 5.

^†302 See the law of the Visigoths, book 3. tit 1. §. 1. which abrogates the ancient law, that had more regard, it says, to the difference of nations than to that of people’s conditions.

^†303 See the law of the Lombards, book 2. tit. 7. §. 1. & 2.

^†304 The kings of Syria, abandoning the plan laid down by the founder of the empire, resolved to oblige the Jews to conform to the manners of the Greeks; a resolution that gave the most terrible shock to their government.

^†305 See Arrian, de expedit. Alexandri, lib. 3. and others.

^†306 Ibid.

^†307 See Arrian, de expedit. Alexandri, lib. 3. and others.

^†308 Ut haberent instrumenta servitutis & reges.

^†309 I have copied, says Cicero, Scævola’s edict, which permits the Greeks to terminate their difference among themselves according to their own laws: this makes them consider themselves as a free people.

^†310 The Russians could not bear that Czar Peter should make them cut it off.

^†311 The Cappadocians refused the condition of a republican state, which was offered them by the Romans.

^†312 The natural end of a state that has no foreign enemies, or that thinks itself secured against them by barriers.

^†313 Inconveniency of the Liberum veto.

^†314 At Venice.

^†315 As at Athens.

^†316 These were magistrates chosen annually by the people. See Stephen of Byzantium.

^†317 It was lawful to accuse the Roman magistrates after the expiration of their several offices. See, in Dionys. Halicarn. l. 9. the affair of Genutius, the tribune.

^†318 De minoribus rebus principes consultant, de majoribus omnes; ita tamen ut ea quoque, quorum penes plebem arbitrium est, apud principes pertractentur.

^†319 Polit. book 3, chap. 14.

^†320 See Justin, book 17.

^†321 Arist. Polit. book 5, chap. 8.

^†322 Aristot. Polit. book 3, chap. 14.

^†323 Aristot. Polit. book 3. chap. 14.

^†324 See what Plutarch says, in the Life of Theseus. See likewise Thucydides, book 1.

^†325 Aristot. Polit. book 4, chap. 8.

^†326 Dionys. Halicarn. book 2, p. 120. & book 4, p. 242 & 243.

^†327 See Tanaquil’s discourse on Livy, book 1, dec. 1. and the regulations of Servius Tullus, in Dionys. Halicarn. book 4, p. 229.

^†328 See Dionys. Halicarn. book 2, p. 118. and book 3, p. 171.

^†329 It was by virtue of a senatus consultum that Tullus Hostilius ordered Alba to be destroyed. Dionys. Halicarn. book 3, p. 167 and 172.

^†330 Ibid. b. 4, p. 276.

^†331 Ibid. book 2. And yet they could not have the nomination of all offices, since Valerius Publicola made that famous law, by which every citizen was forbid to exercise any employment, unless he had obtained it by the suffrage of the people.

^†332 Book 3, p. 159.

^†333 Dionys. Halicarn. book 4.

^†334 He divested himself of half the regal power, says Dionys. Halicarn. book 4, p. 229.

^†335 It was thought, that, if he had not been prevented by Tarquin, he would have established a popular government. Dionys. Halicarn. book 4, p. 243.

^†336 Dionys. Halicarn. book 4.

^†337 Livy, 1 decad. book 6.

^†338 Quæstores parricidii. Pomponius, leg. 2. ff. de orig. Jur.

^†339 Plutarch, Life of Publicola.

^†340 Comitiis centuriatis.

^†341 See Livy, book 1. and Dionys. Halicarn. book 4 and 7.

^†342 Dionys. Halicarn. book 9, p. 598.

^†343 Ibid. book 7.

^†344 Contrary to the ancient custom, as may be seen in Dionys. Halicarnass. book 5. p. 320.

^†345 Dionys. Halicarn. book 6, p. 410 and 411.

^†346 See Dionys. Halicarn. book 9, p. 650.

^†347 Dionys, Halicarn. book 11, p. 725.

^†348 By the sacred laws the plebeians had a power of making the plebiscita by themselves, without admitting the patricians into their assembly. Dionys. Halicarn. book 6, p. 410. and book 7, p. 430.

^†349 By the law enacted after the expulsion of the decemvirs the patricians were made subject to the plebiscita, though they had not a right of voting there. Livy, book 3. and Dionys. Halicarn. book 11, p. 725. This law was confirmed by that of Publius Philo, the dictator, in the year of Rome 416. Livy, book 8.

^†350 In the year 312 of Rome the consuls performed still the business of surveying the people and their estates, as appears by Dionys. Halicarn. book 11.

^†351 Such as those by which it was allowed to appeal, from the decisions of all the magistrates, to the people.

^†352 Book 6.

^†353 In the year of Rome 444. Livy, 1 decad. book 9. As the war against Perseus appeared somewhat dangerous, it was ordained, by a senatus-consultum, that this law should be suspended, and the people agreed to it. Livy, dec. 5, book 2.

^†354 They extorted it from the senate, says Freinshemius, dec. 2, book 6.

^†355 There is no manner of doubt but the consuls had the power of trying civil causes before the creation of the prætors. See Livy, dec. 1, book 2, p. 19. Dionys. Halicarn. book 10, p. 627. and the same book, p. 645.

^†356 The tribunes frequently tried causes by themselves only; but nothing rendered them more odious. Dionys. Halicarn. book 11, p. 709.

^†357 Judicia extraordinaria. See the Institutes, book 4.

^†358 Book 6, p. 360.

^†359 Album judicium.

^†360 “Our ancestors, says Cicero pro Cluentio, would not suffer any man, whom the parties had not agreed to, to be judge of the least pecuniary affair, much less of a citizen’s reputation.”

^†361 See, in the fragments of the Servilian, Cornelian, and other laws, in what manner these laws appointed judges for the crimes they proposed to punish. They were often pitched upon by choice; sometimes by lot; or, in fine, by lot mixt together with choice.

^†362 Seneca de Benefic. lib. 3, cap. 7, in fine.

^†363 See Quintilian, lib. 4, p. 54, in fol. edit. of Paris, 1541.

^†364 Leg 2. ff. de Orig. Jur. Magistrates, who were called decemvirs, presided in court, the whole under a prætor’s direction.

^†365 Quoniam de capite civis Romani, injussu populi Romani, non erat permissum consulibus jus dicere. See Pomponius, Leg. 2. ff. de Orig. Jur.

^†366 Dionys. Halicarn. book 5, p. 322.

^†367 The comitia by centuries. Thus Manlius Capitolinus was tried in these comitia. Livy, dec. 1, book 6, p. 60.

^†368 Pomponius, in the second Law in the Digest de Orig. Jur.

^†369 See a fragment of Ulpian, who gives another of the Cornelian law: it is to be met with in the Collation of the Mosaic and Roman Laws, tit. 1. de sicariis & homicidiis.

^†370 This took place, especially in regard to crimes committed in Italy, which were subject chiefly to the inspection of the senate. See Livy, 1 decad. book 9. concerning the conspiracies of Capua.

^†371 This was the case in the prosecution for the murder of Posthumius, in the year 340 of Rome. See Livy.

^†372 This judgement was passed in the year of Rome 567.

^†373 Book 8.

^†374 Cicero in Bruto.

^†375 This is proved from Livy, book 43, who says that Hannibal rendered their magistracy annual.

^†376 The senatus-consultums were of force for the space of a year, though not confirmed by the people. Dionys. Halicarn. book 9, p. 595. and book 11, p. 735.

^†377 In the year 630.

^†378 Capite censos plerosque. Sallust. de Bello Jugurth.

^†379 Fragment of this author, book 36, in the Collection of Constantine Porphyrogenitus, of virtues and vices.

^†380 Fragment of his history, taken from the Extract of virtues and vices.

^†381 Fragment of the 34th book, in the Extract of virtues and vices.

^†382 Penes quos Romæ tum judicia erant, arque ex equestri ordine solerent sortito judices eligi in causa prætorum & proconsulum, quibus post administratam provinciam dies dicta erat.

^†383 They made their edicts upon entering the provinces.

^†384 After the conquest of Macedonia the Romans paid no taxes.

^†385 Speech taken from Trogus Pompeius, and related by Justin, book 38.

^†386 See the orations against Verres.

^†387 It is well known what sort of a tribunal was that of Varus, which provoked the Germans to revolt.

^†388 Politics, book 2.

^†389 Tarquinius Priscus. See Dionys. Halicarn. book 4.

^†390 So early as the year 560.

^†391 Aristot. Polit. book 2, chap. 12. He gave his laws at Thurium, in the 84th Olympiad.

^†392 See Aristid. Orat. in Minervam.

^†393 Dionys. Halicarn. on the judgement of Coriolanus, book 7.

^†394 Minervæ calculus.

^†395 St. Lewis made such severe laws against those who swore, that the pope thought himself obliged to admonish him for it. This prince moderated his zeal, and softened his laws. — See his Ordinances.

^†396 Father Bougerel.

^†397 Nicetas, Life of Manuel Comnenus, book 4.

^†398 Ibid.

^†399 History of the emperor Maurice, by Theophylactus, chap. 11.

^†400 Secret History.

^†401 Father Du Halde, tom. 1, p. 43.

^†402 Father Parennin, in the Edifying Letters.

^†403 Book 29.

^†404 Gratian, Valentinian, and Theodosius. This is the second in the Code de crimin. sactil.

^†405 Sacrilegii instar est dubitare an is dignus sit quem elegerit imperator. Ibid. This law served as a model to that of Roger in the constitution of Naples, tit. 4.

^†406 The 5th law ad leg. Jul. Maj.

^†407 Arcadius and Honorius.

^†408 Memoirs of Montresor, tom. 1.

^†409 Nam ipsi pars corporis nostri sunt. The same law of the Code ad leg. Jul. Maj.

^†410 It is the 9th of the Code Theodos. de falsa moneta.

^†411 Etiam ex aliis causis majestatis crimina cessant meo sæculo. Leg. 1. eod. ad leg. Jul. Maj.

^†412 Alienam sectæ meæ sollicitudinem concepisti. Leg. 2. eod. ad leg. Jul. Maj.

^†413 See the 4th law in ff. ad leg. Jul. Maj.

^†414 See the 5th law, ibid.

^†415 Ibid.

^†416 Aliudve quid simile admiserint. Leg. 6. ff. ad leg. Jul. Maj.

^†417 In the last law in ff. ad leg. Jul. de adulteris.

^†418 See Burnet’s History of the Reformation.

^†419 Plutarch’s Life of Dionysius.

^†420 The thought must be joined with some sort of action.

^†421 Si non tale sit delictum in quod vel scriptura legis descendit vel ad exemplum legis vindicandum est, says Modestinus, in the seventh law, in ff. ad leg. Jul. Maj.

^†422 In 1740.

^†423 Nec lubricum linguæ ad pœnam facile trabendum est. Modestin. in the 7th law, in ff. ad leg. Jul. Maj.

^†424 Si id ex levitate processerit, contemnendum est; si ex insania, miseratione dignissimum; si ab injuria, remittendum. Leg. unica Cod. Si quis imperat. maled.

^†425 Tacitus’s Annals, book 1. This continued under the following reigns. See the first law in the Code de famosis libellis.

^†426 Tacit. Annal. book 4.

^†427 The law of the twelve tables.

^†428 Suetonius, in Tiberio.

^†429 Collection of voyages that contributed to the establishment of the East-India Company, tom. 5, part 2.

^†430 Dio, in Xiphilinus.

^†431 Flavius Vopiscus, in his life.

^†432 Sylla made a law of majesty, which is mentioned in Cicero’s orations, pro Cluentio, Art. 3. in Pisonem, Art. 21. 2d against Verres, Art. 5. Familiar Epistles, book 3, letter 11. Cæsar and Augustus inserted them in the Julian laws; others made additions to them.

^†433 Et quo quis distinctior accusator, eo magis honores assequebatur, ac veluti sacrosanctus erat. Tacit.

^†434 Deuteron. chap. xiii. v. 6.

^†435 Collection of voyages that contributed to the establishment of the East-India Company, p. 423, book 5, part 2d.

^†436 Dionys. Halicarn. Roman Antiquities, book 8.

^†437 Tyranno occiso, quinque ejus proximus cognatione magistratus necato. Cic. de invent. lib. 2.

^†438 Book 8, p. 547.

^†439 Of the civil wars, book 4.

^†440 Quod felix faustumque fit.

^†441 Sacris et epulis dent bunc diem: qui secus faxit inter proscriptos esto.

^†442 It is not sufficient, in the courts of justice of that kingdom, that the evidence be of such a nature as to satisfy the judges; there must be a legal proof; and the law requires the deposition of two witnesses against the accused. No other proof will do. Now, if a person, who is presumed guilty of high-treason, should contrive to secrete the witnesses, so as to render it impossible for him to be legally condemned, the government then may bring a bill of attainder against him; that is, they may enact a particular law for that single fact. They proceed then in the same manner as in all other bills brought into parliament: it must pass the two houses, and have the king’s consent; otherwise it is not a bill, that is, a sentence of the legislature. The person accused may plead against the bill by counsel, and the members of the house may speak in defence of the bill.

^†443 Legem de singulari aliquo ne rogato, nisi sex millibus ita visum. Ex Andocide de mysteriis. This is what they called ostracism.

^†444 De privis hominibus latæ. Cicero de leg. lib. 3.

^†445 Scitum est juslum in omnes. Cicero, ibid.

^†446 See Philostratus, book 1, Lives of the Sophists, life of æschines. See likewise Plutarch and Phocius.

^†447 By the Remmian law.

^†448 Plutarch, in a treatise entitled, How a person may reap advantage from his enemies.

^†449 A great many sold their children to pay their debts. Plutarch, life of Solon.

^†450 Plutarch, life of Solon.

^†451 It appears, from history, that this custom was established among the Romans before the law of the twelve tables. Livy, 1 dec. book 2.

^†452 Dionys. Halicarn. Rom. An. book 6.

^†453 Plutarch, life of Furius Camillus.

^†454 See what follows, in the 24th chapter of the book of laws, as relative to the use of money.

^†455 One hundred and twenty years after the law of the twelve tables, eo anno plebi Romanæ velut aliud initium libertatis factum est, quod necti desierunt. Livy, lib. 8.

^†456 Bona debitoris, non corpus obnoxium esset. Ibid.

^†457 The year of Rome 465.

^†458 That of Platius, who made an attempt upon the body of Veturius. Valerius Maximus, book 6, art. 9. These two events ought not to be confounded; they are neither the same persons nor the same times.

^†459 See a fragment of Dronys. Halicarn. in the extract of virtues and vices; Livy’s epitome, book 2; and Freinshemius, book 2.

^†460 Plutarch’s Morals, Comparison of some Roman and Greek Histories, tom. 2, p. 487.

^†461 Leg. VI. Cod. Theod. de famosis libellis.

^†462 Nerva, says Tacitus, increased the ease of government.

^†463 State of Russia, p. 173. Paris edition, 1717.

^†464 The caliphs.

^†465 History of the Tartars, 3d part, p. 277, in the remarks.

^†466 See Francis Pirard.

^†467 As at present in Persia, according to sir John Chardin: this custom is very ancient. They put Cavades, says Procopius, into the castle of oblivion. There is a law which forbids any one to speak of those who are shut up, or even to mention their name.

^†468 The fifth law in the cod. ad leg. Jul. Maj.

^†469 In the 8th chapter of this book.

^†470 Frederic copied this law in the Constitutions of Naples, book 1.

^†471 In monarchies there is generally a law which forbids those who are invested with public employments to go out of the kingdom without the prince’s leave. This law ought to be established also in republics: but, in those that have particular institutions, the prohibition ought to be general, in order to prevent the introduction of foreign manners.

^†472 Plutarch.

^†473 This is what induced Charlemagne to make his excellent institution upon this head. See the 5th book of the Capitularies, art. 303.

^†474 This is the practice in Germany.

^†475 Pollux, book 8, chap. 10, art. 130.

^†476 Or 60 minæ.

^†477 Vectigal quoque quintae & viesimae venalium mancipiorum remissum specie magis quam vi, quia cum venditor pendere juberetur, in partem pretii emptoribus accrescebat Tacit. Annal. lib. 13.

^†478 Father du Halde, tom. ii. p. 37.

^†479 History of the Tartars, part 3d. p. 290.

^†480 Being willing to trade with foreigners without having any communication with them, they have pitched upon two nations for that purpose, the Dutch for the commerce of Europe, and the Chinese for that of Asia; they confine the factors and sailors in a kind of prison, and lay such a restraint upon them as tires their patience.

^†481 In Russia the taxes are but small; they have been increased since the despotic power of the prince is exercised with more moderation. See the History of the Tartars, 2d part.

^†482 The Pais d’états, where the states of the province assemble to deliberate on public affairs.

^†483 This is the practice of the emperors of China.

^†484 See in history the greatness, the oddity and even the folly, of those taxes. Anastasius invented a tax for breathing, ut quisque pro haustu æris penderet.

^†485 True it is that this state of effort is the chief support of the balance, because it checks the great powers.

^†486 All that is wanting for this is, to improve the new invention of the militia established in most parts of Europe, and carry it to the same excess as they do the regular troops.

^†487 See A Treatise on the Roman Finances, chap. ii. printed at Paris by Briasson, 1740.

^†488 Cæsar was obliged to remove the publicans from the province of Asia, and to establish there another kind of regulation, as we learn from Dio: and Tacitus informs us that Macedonia and Achaia, provinces left by Augustus to the people of Rome, and consequently governed pursuant to the ancient plan, obtained to be of the number of those which the emperor governed by his officers.

^†489 See sir John Chardin’s travels through Persia, tom. vi.

^†490 This appears even in the countenance: in cold weather people look thinner.

^†491 We know it shortens iron.

^†492 Those for the succession to the Spanish monarchy.

^†493 For instance, in Spain.

^†494 One hundred European soldiers, says Tavernier, would, without any great difficulty, beat a thousand Indian soldiers.

^†495 Even the Persians, who settle in the Indies, contract, in the third generation, the indolence and cowardice of the Indians. See Bernier, on the Mogul, tom. 1. p. 182.

^†496 We find, by a fragment of Nicolaus Damascenus, collected by Constantine Porphyrog. that it was an ancient custom, in the East, to send to strangle a governor who had given any displeasure; it was in the time of the Medes.

^†497 Panamanack. See Kircher.

^†498 La Loubiere. Relation of Siam, p. 446.

^†499 Foe endeavoured to reduce the heart to a mere vacuum: “We have eyes and ears, but perfection consists in neither seeing nor hearing; a mouth, hands, &c. but perfection requires that these members should be inactive.” This is taken from the dialogue of a Chinese philosopher, quoted by father Du Halde, tom. 3.

^†500 Father Du Halde, History of China, tom. 1. pag. 72.

^†501 Several of the kings of India do the same. Relation of the kingdom of Siam, by La Loubiere, p. 69.

^†502 Venty, the third emperor of the third dynasty, tilled the lands himself, and made the empress and his wives employ their time in the silk-works in his palace. History of China.

^†503 Hyde, religion of the Persians.

^†504 Monsieur Bernier, travelling from Lahor to Cachemir, wrote thus: My body is a sieve: scarcely have I swallowed a pint of water, but I see it transude, like dew, out of all my limbs, even to my fingers ends. I drink ten pints a-day, and it does me no manner of harm. Bernier’s Travels, tom. ii. p. 261.

^†505 In the blood, there are red globules, fibrous parts, white globules, and water, in which the whole swims.

^†506 Plato, book 2. of laws: Aristotle, of the care of domestic affairs: Eusebius’s evangelical preparation, book 12. c. 17.

^†507 This is seen in the Hottentots and the inhabitants of the most southern part of Chili.

^†508 As Pittacus did, according to Aristotle, Polit. lib. 1. c. 3. He lived in a climate where drunkenness is not a national vice.

^†509 Book 2.

^†510 Book 2. tit. 1. §. 3. & tit. 18. §. 1.

^†511 Ricaut on the Ottoman empire, p. 284.

^†512 It may be complicated with the scurvy, which, in some countries especially, renders a man whimsical and insupportable to himself. See Pirard’s voyages, part 2. chap. 21.

^†513 Here I take this word for the design of subverting the established power, and especially that of democracy; this is the signification in which it was understood by the Greeks and Romans.

^†514 Chap. 58. §. 1. and 2.

^†515 Law of the Visigoths, book 3. tit. 4. §. 9.

^†516 Ibid. book 3. tit. 4. §. 6.

^†517 Ibid. book 3. tit. 4. §. 13.

^†518 See Bernier, tom. 2. p. 140.

^†519 See, in the 14th collection of the edifying letters, p. 403. the principal laws or customs of the inhabitants of the peninsula on this side the Ganges.

^†520 I had once thought that the lenity of slavery in India had made Diodorus say, that there was neither master nor slave in that country; but Diodorus has attributed to the whole continent of India what, according to Strabo, lib. 15. belonged only to a particular nation.

^†521 Justinian’s Institutes, book 1.

^†522 Excepting a few Canibals.

^†523 I mean slavery in a strict sense, as formerly among the Romans, and at present in our colonies.

^†524 Biblioth. Ang. tom. 13. p. 2. art. 3.

^†525 See Hist. of the Conquest of Mexico, by Solis, and that of Peru, by Garcilasso de la Vega.

^†526 Labat’s new voyage to the isles of America, vol. 4. p. 114. in 1752. 12mo.

^†527 Present State of Russia.

^†528 Dampier’s voyages, vol. 3.

^†529 Polit. lib. 1. c. 1.

^†530 As may be seen in the mines of Hartz, in Lower Saxony, and in those of Hungary.

^†531 De moribus Germanorum.

^†532 Tacitus, De morib. German. says, the master is not to be distinguished from the slave, by any delicacy of living.

^†533 Sir John Chardin’s Travels to Persia.

^†534 Sir John Chardin, vol. 2. in his description of the market of Izagour.

^†535 Lib. 1. tit. 32. §. 5.

^†536 The revolt of the Mamelucs was a different case; this was a body of the militia who usurped the empire.

^†537 Law of the Visigoths, lib. 3. tit. 1. §. 1.

^†538 Ibid. lib. 5. tit. 17. §. 20.

^†539 Ibid. lib. 9. tit. 2. §. 9.

^†540 Law of the Allemands, c. 5. §. 3.

^†541 Law of the Allemands, c. 5. §. 5. per virtutem.

^†542 Sicily, says Florus, suffered more in the servile than in the Punic war. Lib. 3.

^†543 See the whole title of the senat. cons. Syll. in ff.

^†544 Leg. si quis, §. 12. ff. de senat. consult. Syllan.

^†545 When Antony commanded Eros to kill him, it was the same as commanding him to kill himself; because, if he had obeyed, he would have been punished as the murderer of his master.

^†546 Leg. 1. §. 22. ff. de senat. consult. Syllan.

^†547 Leg. 1. §. 31. ff. ibid.

^†548 Xiphilin. in Claudio.

^†549 See law 3, in the code de patriâ potestate, by the emperor Alexander.

^†550 Lev. c. xxi. v. 20.

^†551 Plutarch on superstition.

^†552 See the constitution of Antoninus Pius, Institut. lib. 1. tit. 7.

^†553 Lib. 9.

^†554 This was frequently the spirit of the laws of those nations who came out of Germany, as may be seen by their codes.

^†555 Demosthenes Orat. contra Midiam, p. 610. Edition of Frankfort, in 1604.

^†556 Annals of Tacitus, lib. 13.

^†557 Freinshemius’s supplement, 2d decad. lib. 5.

^†558 Exodus xxi.

^†559 Annals of Tacitus, lib. 3.

^†560 Augustus’s speech, in Dio, l. 56.

^†561 It was formerly the same in China. The two Mahometan Arabs, who travelled thither in the ninth century, use the word eunuch whenever they speak of the governor of a city.

^†562 Vol. 3.

^†563 Mahomet married Cadhisja at five, and took her to his bed at eight, years old. In the hot countries of Arabia and the Indies, girls are marriageable at eight years of age, and are brought to bed the year after. Prideaux, Life of Mahomet. We see women, in the kingdom of Algiers, pregnant at nine, ten, and eleven, years of age. Hist. of the Kingdom of Algiers, by Laugier de Tassis, p. 61.

^†564 See Jornandes de regno et tempor. succes. and the ecclesiastic historians.

^†565 See law 7. of the code de Judæis & Cælicolis, and Nov. 18. c. 5.

^†566 In Ceylon, a man may live on ten sols a month: they eat nothing there but rice and fish. Collection of Voyages made to establish an India Company.

^†567 Dr. Arbuth not finds, that, in England, the number of boys exceeds that of girls: but people have been to blame to conclude that the case is the same in all climates.

^†568 See Kempfer, who relates, that, upon numbering the people of Meaco, there were found 182072 males, and 223573 females.

^†569 Du Halde’s Hist. of China, vol. iv.

^†570 Albuzeir-el-hassen, one of the Mahometan Arabs, who, in the ninth century, went into India and China, thought-this custom a prostitution. And, indeed, nothing could be more contrary to the ideas of a Mahometan.

^†571 Collection of Voyages for the Establishment of an India Company, vol. I.

^†572 See Francis Pirard, c. 27. Edifying Letters, 3d and 10th collection, on the Malleami, on the coast of Malabar. This is considered as an abuse of the military prosession, as a woman, says Pirard, of the tribe of the Bramins, never would marry many husbands.

^†573 This is the reason why women, in the East, are so carefully concealed.

^†574 Life and actions of Justinian, p. 403.

^†575 Hist. of Algiers, by Logier de Tassis.

^†576 See Pirard, c. 12.

^†577 Exod. xxi. 10. 11.

^†578 “It is an admirable touch-stone, to find by one’s self a treasure, and to know the right owner; or to see a beautiful woman in a lonely apartment; or to hear the cries of an enemy, who must perish without our assistance.” Translation of a Chinese piece of morality, which may be seen in Du Halde, vol. iii. p. 151.

^†579 Collection of Voyages for the Establishment of an India Company, vol. ii. page 2.

^†580 In the Maldivian isles, the fathers marry their daughters at ten and eleven years of age, because it is a great sin, say they, to suffer them to endure the want of a husband. See Pirard, c. 12. At Bantam, as soon as a girl is twelve or thirteen years old, she must be married, if they would not have her lead a debauched life. Collection of Voyages for the Establishment of an India Company, p. 348.

^†581 Voyage to Guinea, part second. “When the women happen to meet with a man, they lay hold of him, and threaten to make a complaint to their husbands, if he slight their addresses. They steal into a man’s bed and wake him, and, if he refuse to comply with their desires, they threaten to suffer themselves to be caught in flagranti.”

^†582 Mahomed desired his followers to watch their wives; a certain iman, when he was dying, said the same thing; and Confucius preached the same doctrine.

^†583 It does not follow, from hence, that repudiation, on account of sterility, should be permitted amongst Christians.

^†584 They took them again preferably to any other, because, in this case, there was less expence. Pirard’s Travels.

^†585 Hist. of the Conquest of Mexico, by Solis, p. 499.

^†586 Life of Romulus.

^†587 This was a law of Solon.

^†588 Mimam res suas sibi habere jussit, ex duodecim tabulis causam addidit, Philip. 2.

^†589 Justinian altered this, Nov. 117. c. 10.

^†590 Lib. 2.

^†591 Lib. 2. c. 4.

^†592 Lib. 4. c. 3. 8.

^†593 According to Dionys. Halic. and Valerius Maximus: and five hundred and twenty-three according to Aulus Gellius. Neither did they agree in placing this under the same consuls.

^†594 See the speech of Veturia, in Dionys. Halic. lib. 8.

^†595 Plutarch’s life of Romulus.

^†596 Ibid.

^†597 Indeed, sterility is not a cause mentioned by the law of Romulus: but, to all appearance, he was not subject to a confiscation of his effects, since he followed the orders of the censors.

^†598 In his comparison between Theseus and Romulus.

^†599 Book 23. c. 3.

^†600 Du Halde, vol. i. p. 112.

^†601 The Chinese books make mention of this. Ibid.

^†602 See Travels to the North, vol viii. the Hist. of the Tartars: and Du Halde, vol. iv.

^†603 Tartary is, then, a kind of a flat mountain.

^†604 As Vouty V. emperor of the fifth dynasty.

^†605 The Scythians thrice conquered Asia, and thrice were driven from thence. Justin, l. 2.

^†606 This is no way contrary to what I shall say, in the 28th book, chap. 20. concerning the manner of thinking among the German nations in respect to the cudgel; let the instrument be what it will, the power or action of beating was always considered by them as an affront.

^†607 Humani generis officinam.

^†608 The waters lose themselves, or evaporate before or after their streams are united.

^†609 The petty barbarous nations of America are called by the Spaniards Indios Bravos, and are much more difficult to subdue than the great empires of Mexico and Peru.

^†610 Lib. 17.

^†611 Life of Solon.

^†612 Or he who wrote the book De mirabilibus.

^†613 Japan is an exception to this, by its great extent as well as by its slavery.

^†614 Polybius, l. 10.

^†615 It is thus that Diodorus tells us the shepherds found gold in the Pyrenean mountains.

^†616 Edifying Letters, 20th collection.

^†617 When a khan is proclaimed, all the people cry, That his word shall be as a sword.

^†618 Book XVII. c. 5.

^†619 We ought not, therefore, to be astonished at Mahomet, the son of Miriveis, who, upon taking Ispahan, put all the princes of the blood to the sword.

^†620 Tit. 62.

^†621 Nullas Germanorum populis urbes babitari satis notum est, ne pati quidem inter se junctas sedes; colunt discreti, ut nemus placuit. Vicos locant, non in nostrum morem connexis et cobærentibus æaifictis; suam quisque domum spatio circumdat. De moribus Germanorum.

^†622 The law of the Allemands, c. 10. and the law of the Bavarians, tit. 10. §. 1. and 2.

^†623 This inclosure is called cortis, in the charters.

^†624 See Marculfus, l. 2. form. 10. & 12. Append. to Marculf. form. 49. and the ancient formularies of Sirmondus, form 22.

^†625 Form. 55. in Lindembroek’s collection.

^†626 De terrâ verò Salicâ in mulierem nulla portio hereditatis transis, sed boc virilis sexus acquirit; boc est, filii in ipsâ hereditate succedunt. Tit. 62. §. 6.

^†627 Sororum filiis idem apud avunculum quam apud patrem honor. Quidam sanctiorem arctioremque hunc nexum sanguinis orbitrantur, & in accipiendis obsidibus inagis exigunt, tanquam ii & animum firmiùs & domum latiùs teneant. De moribus Germanorum.

^†628 See, in Gregory of Tours, lib. 8. c. 18. and 20. and lib. 9. c. 16. and 20. the rage of Gontram at Leovigild’s ill treatment of Ingunda his niece, which Childebert her brother took up arms to revenge.

^†629 Salique law, tit. 47.

^†630 Ibid. tit. 61. §. 1.

^†631 Et deinceps usque ad quintum genuculum qui proximus fuerit in bereditatem succedat. Tit. 56. §. 3.

^†632 Tit. 56.

^†633 Tit. 7. §. 1. Pater aut mater defuncti, filio non filiæ bereditatem relinquant; §. 4. qui defuntius, non filios, sed filias, reliquerit, ad eas omnis bereditas pertineat.

^†634 In Marculfus, l. 2. form. 12. and in the Appendix to Marculfus, form. 49.

^†635 Lindembroek’s collection, form. 55.

^†636 Ducange, Pithou, &c.

^†637 Tit. 62.

^†638 Tit. 1. §. 3. tit. 14. §. 1. & tit. 51.

^†639 Lib. 4. tit. 2. §. 1.

^†640 Amongst the Ostrogoths, the crown twice devolved to the males by means of females; the first time to Athalaricus, through Amalasuntha, and the second to Theodat, through Amalafreda. Not but that the females of that nation might have held the crown in their own right; for Amalasuntha reigned after the death of Athalaricus; nay, even after the election of Theodat, and in conjunction with that prince. See Amalasuntha’s and Theodat’s letters, in Cassiodorus, lib. 10.

^†641 The German nations, says Tacitus, had common customs, as well as those which were peculiar to each.

^†642 Prope soli barbarorum singulis uxoribus contenti sunt. De morib. German.

^†643 Exceptis admodum paucis, qui non libidine, sed ob nobilitatem, plurimis nuptiis ambiuntur. Ibid.

^†644 See Fredegarius’s chronicle of the year 628.

^†645 Severa matrimonia ——— nemo illic vitia ridet, nec corrumpere & corrumpi sæculum vocatur. De moribus Germanorum.

^†646 Paucissima in tam numerosa gente adulteria. Ibid.

^†647 Nihil, neque publicæ neque privatæ rei, nisi armati, agunt. De mor. Germ.

^†648 Si displicuit sententia, fremitu aspernantur; sin placuit, frameas concutiunt. Ibid.

^†649 Sed arma sumere non ante cuiquam moris quam civitas suffecturum probaverit.

^†650 Tum in ipso concilio vel principum aliquis, vel pater, vel propinquus, scuto frameaque juvenem ornant.

^†651 Hæc apud illos toga, hic primus juventutæ honos; ante hoc domûs pars videntur, mox reipublic’.

^†652 Theodoric, in Cassiod. lib. 1. ep. 38.

^†653 He was scarcely five years old, says Gregory of Tours, 1. 5. c. 1. when he succeeded to his father, in the year 575. Gontram declared him of age in the year 585; he was, therefore, at that time, no more than fifteen.

^†654 Tit. 81.

^†655 Tit. 87.

^†656 There was no change in the time with regard to the common people.

^†657 St. Lewis was not of age till twenty-one; this was altered by an edict of Charles V. in the year 1374.

^†658 It appears, from Gregory of Tours, l. 3. that she chose two natives of Burgundy, which had been conquered by Clodomir, to raise them to the see of Tours, which also belonged to Clodomir.

^†659 Gregory of Tours, l. 5. c. 1. Vix lustro ætatis uno jam peracto, qui die Dominicæ natalis regnare cœpit.

^†660 See Gregory of Tours, book 7. c. 23.

^†661 In Cassiod. lib. 4. ep. 2.

^†662 Gregory of Tours, l. z.

^†663 Ibid.

^†664 Nec regibus libera aut infinita potestas. Cæterum neque animadvertere, neque vincire, neque verberare, &c. De morib. German.

^†665 In pace nullus est communis magistratus, sed principes regionum atque pagorum inter suos jus dicunt. De bello Gall. lib. 6.

^†666 Lib. 2.

^†667 De minoribus principes consultant, de majoribus omnes; ita tamen ut ea, quorum penes plebem arbitrium est, apud principes pertractentur. De morib. Germ.

^†668 Lex consensu populi fit & constitutione regis. Capitularies of Charles the Bald, anno 864, art. 6.

^†669 Licet apud concilium accusare & discrimen capitis intendere. De morib. Germ.

^†670 Silentium per sacerdotes, quibus & coercendi jus est, imperatur. De mor. Germ.

^†671 Nec legibus libera aut infinita potestas. Cæterum neque animadvertere, neque vincire, neque verberare, nisi sacerdotibus est permissum, non quasi in pœnam, nec ducis jussu, sed velut Deo imperante, quem adesse bellatoribus credunt. De morib. Germ.

^†672 See the constitutions of Clotarius, in the year 560, art. 6.

^†673 They cut out the tongues of the advocates, and cried, Viper, don’t hiss. Tacitus.

^†674 Agathias. lib. 4.

^†675 Justin, l. 38.

^†676 Calumnias litium. Ibid.

^†677 Prompti aditus, nova comitas, ignotæ Parthis virtutes, nova vitia. Tacitus.

^†678 He has described this interview, which happened, in the Collection of Voyages for the Establishment of an India Company, vol. iii. part i. p. 33.

^†679 Fable of the Bees.

^†680 The people who follow the khan of Malacamber, those of Carnacata, and Coromandel, are proud and indolent; they consume little, because they are miserably poor; while the subjects of the Mogul and the people of Indostan employ themselves, and enjoy the conveniences of life like the Europeans. Collection of Voyages for the Establishment of an India Company, vol. i. p. 54.

^†681 See Dampier, vol. iii.

^†682 Edifying Letters, 12th collect. p. 80.

^†683 Lib. 43.

^†684 By the nature of the soil and climate.

^†685 Du Halde, vol. ii.

^†686 Du Halde.

^†687 Moses made the same code for laws and religion. The old Romans confounded the ancient customs with the laws.

^†688 See Du Halde.

^†689 See the classic books from which father Du Halde gives us some excellent extracts.

^†690 It is this which has established emulation, which has banished laziness, and cultivated a love of learning.

^†691 See the reasons given by the Chinese magistrates, in their decrees, for proscribing the Christian religion. Edifying Letters, 17th collect.

^†692 See book 4. c. 3. and book 9. c. 12.

^†693 See book 24. c. 3.

^†694 Lange’s Journal in 1721 and 1722, in Voyages to the North, vol. 8. p. 363.

^†695 Of laws, lib. 12.

^†696 Of laws, lib. 12.

^†697 In simplum.

^†698 Livy, l. 38.

^†699 Institut. lib. tit. 2. 6. §. 2. Ozel’s compilement, at Leyden, in 1658.

^†700 Institut. l. 2. de pupil. substit. § 3.

^†701 The form of the vulgar substitution ran thus: If such an one is unwilling to take the inheritance, I substitute, in his stead, &c. The pupillary substitution: If such an one dies before he arrives at the age of puberty, I substitute, &c.

^†702 Lib. 3. tit. 5. §. 5.

^†703 Leg. 8. cod. de repudiis.

^†704 And the law of the 12 tables. See Cicero’s 2d Philippic.

^†705 Si verberibus, quæ ingenuis aliena sunt, afficientens probaverit.

^†706 In Nov. 117. c. 14.

^†707 Chap. 6.