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the spirit of laws-第31章

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The third emperor of the one…and…twentieth dynasty;'16' to whom some precious stones were brought that had been found in a mine; ordered it to be shut up; not choosing to fatigue his people with working for a thing that could neither feed nor clothe them。

〃So great is our luxury;〃 says Kiayventi;'17' 〃that people adorn with embroidery the shoes of boys and girls; whom they are obliged to sell。〃 Is employing so many people in making clothes for one person the way to prevent a great many from wanting clothes? There are ten men who eat the fruits of the earth to one employed in agriculture; and is this the means of preserving numbers from wanting nourishment?

7。 Fatal Consequence of Luxury in China。 In the history of China we find it has had twenty…two successive dynasties; that is; it has experienced twenty…two general; without mentioning a prodigious number of particular; revolutions。 The first three dynasties lasted a long time; because they were wisely administered; and the empire had not so great an extent as it afterwards obtained。 But we may observe in general that all those dynasties began very well。 Virtue; attention; and vigilance are necessary in China; these prevailed in the commencement of the dynasties; and failed in the end。 It was natural that emperors trained up in military toil; who had compassed the dethroning of a family immersed in pleasure; should adhere to virtue; which they had found so advantageous; and be afraid of voluptuousness; which they knew had proved so fatal to the family dethroned。 But after the three or four first princes; corruption; luxury; indolence; and pleasure possessed their successors; they shut themselves up in a palace; their understanding was impaired; their life was shortened; the family declined; the grandees rose up; the eunuchs gained credit; none but children were set on the throne; the palace was at variance with the empire; a lazy set of people that dwelt there ruined the industrious part of the nation; the emperor was killed or destroyed by a usurper; who founded a family; the third or fourth successor of which went and shut himself up in the very same palace。

8。 Of public Continency。 So many are the imperfections that attend the loss of virtue in women; and so greatly are their minds depraved when this principal guard is removed; that in a popular state public incontinency may be considered as the last of miseries; and as a certain forerunner of a change in the constitution。

Hence it is that the sage legislators of republican states have ever required of women a particular gravity of manners。 They have proscribed not only vice; but the very appearance of it。 They have banished even all commerce of gallantry  a commerce that produces idleness; that renders the women corrupters; even before they are corrupted; that gives a value to trifles; and debases things of importance: a commerce; in fine; that makes people act entirely by the maxims of ridicule; in which the women are so perfectly skilled。

9。 Of the Condition or State of Women in different Governments。 In monarchies women are subject to very little restraint; because as the distinction of ranks calls them to court; there they assume a spirit of liberty; which is almost the only one tolerated in that place。 Each courtier avails himself of their charms and passions; in order to advance his fortune: and as their weakness admits not of pride; but of vanity; luxury constantly attends them。

In despotic governments women do not introduce; but are themselves an object of; luxury。 They must be in a state of the most rigorous servitude。 Every one follows the spirit of the government; and adopts in his own family the customs he sees elsewhere established。 As the laws are very severe and executed on the spot; they are afraid lest the liberty of women should expose them to danger。 Their quarrels; indiscretions; repugnancies; jealousies; piques; and that art; in fine; which little souls have of interesting great ones; would be attended there with fatal consequences。

Besides; as princes in those countries make a sport of human nature; they allow themselves a multitude of women; and a thousand considerations oblige them to keep those women in close confinement。

In republics women are free by the laws and restrained by manners; luxury is banished thence; and with it corruption and vice。

In the cities of Greece; where they were not under the restraint of a religion which declares that even amongst men regularity of manners is a part of virtue; where a blind passion triumphed with a boundless insolence; and love appeared only in a shape which we dare not mention; while marriage was considered as nothing more than simple friendship;'18' such was the virtue; simplicity; and chastity of women

in those cities; that in this respect hardly any people were ever known to have had a better and wiser polity。'19'

10。 Of the domestic Tribunal among the Romans。 The Romans had no particular magistrates; like the Greeks; to inspect the conduct of women。 The censors had not an eye over them; as over the rest of the republic。

The institution of the domestic tribunal'20' supplied the magistracy established among the Greeks。'21'

The husband summoned the wife's relatives; and tried her in their presence。'22' This tribunal preserved the manners of the republic; and at the same time those very manners maintained this tribunal。 For it decided not only in respect to the violation of the laws; but also of manners: now; in order to judge of the violation of the latter; manners are requisite。 The penalties inflicted by this tribunal ought to be; and actually were; arbitrary: for all that relates to manners; and to the rules of modesty; can hardly be comprised under one code of laws。 It is easy indeed to regulate by laws what we owe to others; but it is very difficult of comprise all we owe to ourselves。

The domestic tribunal inspected the general conduct of women: but there was one crime which; beside the animadversion of this tribunal; was likewise subject to a public accusation。 This was adultery; whether that in a republic so great a depravation of manners interested the government; or whether the wife's immorality might render the husband suspected; or whether; in fine; they were afraid lest even honest people might choose that this crime should rather be concealed than punished。

11。 In what Manner the Institutions changed at Rome; together with the Government。 As manners were supported by the domestic tribunal; they were also supported by the public accusation; and hence it is that these two things fell together with the public manners; and ended with the republic。'23'

The establishing of perpetual questions; that is; the division of jurisdiction among the pr?tors; and the custom gradually introduced of the pr?tors determining all causes themselves;'24' weakened the use of the domestic tribunal。 This appears by the surprise of historians; who look upon the decisions which Tiberius caused to be given by this tribunal as singular facts; and as a renewal of the ancient course of pleading。

The establishment of monarchy and the change of manners put likewise an end to public accusations。 It might be apprehended lest a dishonest man; affronted at the slight shown him by a woman; vexed at her refusal; and irritated even by her virtue; should form a design to destroy her。 The Julian law ordained that a woman should not be accused of adultery till after her husband had been charged with favouring her irregularities; which limited greatly; and annihilated; as it were; this sort of accusation。'25' Sextus Quintus seemed to have been desirous of reviving the public accusations。'26' But there needs very little reflection to see that this law would be more improper in such a monarchy as his than in any other。

12。 Of the Guardianship of Women among the Romans。 The Roman laws subjected women to a perpetual guardianship; except they were under cover and subject to the authority of a husband。'27' This guardianship was given to the nearest of the male relatives; and by a vulgar expression'28' it appears they were very much confined。 This was proper for a republic; but not at all necessary in a monarchy。'29'

That the women among the ancient Germans were likewise under a perpetual tutelage appears from the different codes of the Laws of the Barbarians。'30' This custom was communicated to the monarchies founded by those people; but was not of long duration。

13。 Of the Punishments decreed by the Emperors against the Incontinence of Women。 The Julian law ordained a punishment against adultery。 But so far was this law; any more than those afterwards made on the same account; from being a mark of regularity of manners; that on the contrary it was a proof of their depravity。

The whole political system in respect to women received a change in the monarchical state。 The question was no longer to oblige them to a regularity of manners; but to punish their crimes。 That new laws were made to punish their crimes was owing to their leaving those transgressions unpunished which were not of so criminal a nature。

The frightful dissolution of manners obliged indeed the emperors to enact laws in order to put some stop to lewdness; but it was not
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