英文版论法的精神-49
2008-12-10 21:48
25. The same Subject continued. Europe, it is true, has for these two ages past greatly increased its navigation; this has both procured and deprived it of inhabitants. Holland sends every year a great number of mariners to the Indies, of whom not above two-thirds return; the rest either perish or settle in the Indies. The same thing must happen to every other nation concerned in that trade.
We must not judge of Europe as of a particular state engaged alone in an extensive navigation. This state would increase in people, because all the neighbouring nations would endeavour to have ashare in this commerce, and mariners would arrive from all parts. Europe, separated from the rest of the world by religion,[116] by vast seas and deserts, cannot be repaired in this manner.
26. Consequences. From all this we may conclude that Europe is at present in a condition to require laws to be made in favour of the propagation of the human species. The politics of the ancient Greeks incessantly complain of the inconveniences attending a republic, from the excessive number of citizens; but the politics of this age call upon us to take proper means to increase ours.
27. Of the Law made in France to encourage the Propagation of the Species. Louis XIV appointed particular pensions to those who had ten children, and much larger to such as had twelve.[117] But it is not sufficient to reward prodigies. In order to communicate a general spirit, which leads to the propagation of the species, it is necessary for us to establish, like the Romans, general rewards, or general penalties.
28. By what means we may remedy a Depopulation. When a state is depopulated by particular accidents, by wars, pestilence, or famine, there are still resources left. The men who remain may preserve the spirit of industry; they may seek to repair their misfortunes, and calamity itself may make them become more industrious. This evil is almost incurable when the depopulation is prepared beforehand by interior vice and a bad government. When this is the case, men perish with an insensible and habitual disease; born in misery and weakness, in violence or under the influence of a wicked administration, they see themselves destroyed, and frequently without perceiving the cause of their destruction. Of this we have a melancholy proof in the countries desolated by despotic power, or by the excessive advantages of the clergy over the laity.
In vain shall we wait for the succour of children yet unborn to re-establish a state thus depopulated. There is not time for this; men in their solitude are without courage or industry. With land sufficient to nourish a nation, they have scarcely enough to nourish a family. The common people have not even a property in the miseries of the country, that is, in the fallows with which it abounds. The clergy, the prince, the cities, the great men, and some of the principal citizens insensibly become proprietors of all the land which lies uncultivated; the families who are ruined have left their fields, and the labouring man is destitute.
In this situation they should take the same measures throughout the whole extent of the empire which the Romans took in a part of theirs; they should practise in their distress what these observed in the midst of plenty; that is, they should distribute land to all the families who are in want, and procure them materials for clearing and cultivating it. This distribution ought to be continued so long as there is a man to receive it, and in such a manner as not to lose a moment that can be industriously employed.
29. Of Hospitals. A man is not poor because he has nothing, but because he does not work. The man who without any degree of wealth has an employment is as much at his ease as he who without labour has an income of a hundred crowns a year. He who has no substance, and yet has a trade, is not poorer than he who, possessing ten acres of land, is obliged to cultivate it for his subsistence. The mechanic who gives his art as an inheritance to his children has left them a fortune, which is multiplied in proportion to their number. It is not so with him who, having ten acres of land, divides it among his children.
In trading countries, where many men have no other subsistence but from the arts, the state is frequently obliged to supply the necessities of the aged, the sick, and the orphan. A well-regulated government draws this support from the arts themselves. It gives to some such employment as they are capable of performing; others are taught to work, and this teaching of itself becomes an employment.
The alms given to a naked man in the street do not fulfil the obligations of the state, which owes to every citizen a certain subsistence, a proper nourishment, convenient clothing, and a kind of life not incompatible with health.
Aurungzebe, being asked why he did not build hospitals, said, "I will make my empire so rich that there shall be no need of hospitals."[118] He ought to have said, "I will begin by rendering my empire rich, and then I will build hospitals."
The riches of the state suppose great industry. Amidst the numerous branches of trade it is impossible but that some must suffer, and consequently the mechanics must be in a momentary necessity.
Whenever this happens, the state is obliged to lend them a ready assistance, whether it be to prevent the sufferings of the people, or to avoid a rebellion. In this case hospitals, or some equivalent regulations, are necessary to prevent this misery.
But when the nation is poor, private poverty springs from the general calamity, and is, if I may so express myself, the general calamity itself. All the hospitals in the world cannot cure this private poverty; on the contrary, the spirit of indolence, which it constantly inspires, increases the general, and consequently the private, misery.
Henry VIII,[119] resolving to reform the Church of England, ruined the monks, of themselves a lazy set of people, that encouraged laziness in others, because, as they practised hospitality, an infinite number of idle persons, gentlemen and citizens, spent their lives in running from convent to convent. He demolished even the hospitals, in which the lower people found subsistence, as the gentlemen did theirs in the monasteries. Since these changes, the spirit of trade and industry has been established in England.
At Rome, the hospitals place every one at his ease except those who labour, except those who are industrious, except those who have land, except those who are engaged in trade. I have observed that wealthy nations have need of hospitals, because fortune subjects them to a thousand accidents; but it is plain that transient assistances are much better than perpetual foundations. The evil is momentary; it is necessary, therefore, that the succour should be of the same nature, and that it be applied to particular accidents.
______
1. Dryden, Lucr.
2. The Garamantes.
3. Book i. 8.
4. Pater est quem nupti?demonstrant.
5. For this reason, among nations that have slaves, the child almost always follows the station or condition of the mother.
6. Father Du Halde, i, p. 165.
7. Ibid, ii, p. 121.
8. Aristotle, Politics, vi. 4.
9. Ibid., iii. 5.
10. Thomas Gage, A New Survey of the West Indies, p. 345, 3rd ed.
11. Ibid., p. 97, 3rd ed.
12. Book xvi. 4.
13. See Kempfer, who gives a computation of the people of Meaco.
14. Collection of Voyages that Contributed to the Establishment of the East India Company, i, p. 347.
15. Japan is composed of a number of isles, where there are many banks, and the sea is there extremely full of fish.
16. China abounds in rivers.
17. See Father Du Halde, ii, pp. 139, 142. ff.
18. The greatest number of the proprietors of land, says Bishop Burnet, finding more profit in selling their wool than their corn, inclosed their estates; the commons, ready to perish with hunger, rose up in arms; they insisted on a division of the lands; the young king even wrote on this subject. And proclamations were made against those who inclosed their lands. —— Abridgment of the History of the Reformation, pp. 44. 83.
19. Dampier, Voyages, ii, p. 41.
20. Ibid., p. 167.
21. See the Collection of Voyages that Contributed to the Establishment of the East India Company, v, part I, pp. 182, 188.
22. In valour, discipline, and military exercises.
23. The Gauls, who were in the same circumstances, acted in the same manner.
24. Laws, v.
25. Republic, v.
26. Politics, vii. 16.
27. Ibid.
28. Ibid., iii. 5.
29. Sixty pounds sterling.
30. Book vi. 12.
31. Book vii, p. 496.
32. I have treated of this in the Considerations on the Causes of the Rise and Declension of the Roman Grandeur, 13.
33. Book lvi.
34. Book ii.
35. In the year of Rome 277.
36. See what was done in this respect in Livy, xlv; the Epitome of Livy, lix; Aulus Gellius, i. 6; Valerius Maximus, ii. 9.
37. It is in Aulus Gellius, i. 6.
38. See what I have said in Book v. 19.
39. C犘ar, after the Civil War, having made a survey of the Roman citizens, found there were no more than one hundred and fifty thousand heads of families. —— Florus, Epitome of Livy, dec. 12.
40. See Dio, xliii., and Xiphilinus in August.
41. Dio, lib. xliii.; Suetonius, Life of C犘ar, 22; Appian, On the Civil War, ii.
42. Eusebius, Chronicle.
43. Dio, liv. 16.
44. In the year of Rome 736.
45. Julias rogationes. —— Annals, iii. 25.
46. In the year of Rome 762. —— Dio, lvi. i.
47. I have abridged this speech, which is of tedious length; it is to be found in Dio, lvi.
48. Marcus Papius Mutilus and Q. Popp獘s Sabinus. —— Dio, lvi.
49. Ibid.
50. Ulpian, Fragment, tit. 14, distinguishes very rightly between the Julian and the Papian law.
51. James Godfrey has made a collection of these.
52. The 35th is cited in Leg. 19, ff. de ritu nuptiarum.
53. Book ii. 15.
54. Dionysius Halicarnassus.
55. The deputies of Rome, who were sent to search into the laws of Greece, went to Athens, and to the cities of Italy.
56. Aulus Gellius, ii. 15.
57. Suetonius, Life of Augustus, 44.
58. Tacitus, ii. 51: Ut numerus liberorum in candidatis pr熜olleret, quod lex jubebat.
59. Aulus Gellius, ii. 15.
60. Tacitus, Annals, xv. 19.
61. See Leg. 6, ?5, De Decurion.
62. See Leg. 2, ff. de minorib.
63. Leg. i, ?3, Leg. 2, ff. de vacatione et excusat. munerum.
64. Ulpian, Fragment., tit. 29, ?3.
65. Plutarch, Numa.
66. See the Ulpian, Fragment., tit. 14, 15, 16, 17, 18, which compose one of the most valuable pieces of the ancient civil law of the Romans.
67. Sozomenus, i. 9. They could receive from their relatives. —— Ulpian, Fragment., tit. 16, ?i.
68. Sozomenus, i. 9; and Leg. unic., Cod. Theod. de infirm, poenis c熞ib. et orbit.
69. Of the Love of Fathers towards their Children.
70. See a more particular account of this in Ulpian. Fragment., tit. 15, 16.
71. Ibid., tit. 16, ?1.
72. Ibid., tit. 14. It seems the first Julian laws allowed three years. —— Speech of Augustus, in Dio, lvi; Suetonius, Life of Augustus, 34. Other Julian laws granted but one year: the Papian law gave two. —— Ulpian, Fragment., tit. 14. These laws were not agreeable to the people; Augustus, therefore, softened or strengthened them as they were more or less disposed to comply with them.
73. This was the 35th head of the Papian law. —— Leg. 19, ritu nuptiarum.
74. See Dio, liv, year 736; Suetonius, in Octavio, 34.
75. Dio, liv; and in the same Dio, the speech of Augustus, lvi.
76. Ulpian, Fragment., tit. 16, and Leg. 27, Cod. de nuptiis.
77. Ulpian, Fragment., tit. 16, ?3.
78. See Suetonius, Life of Claudius, 23.
79. Ibid., 23, and Ulpian, Fragment., tit. 16, ?3.
80. Dio, liv; Ulpian, Fragment., tit. 13.
81. Augustus's speech, in Dio, lvi.
82. Ulpian, Fragment., 13, and the Leg. 44. ff. de ritu nuptiarum.
83. Ulpian, Fragment., tit. 13 and 16.
84. See Leg. 1, Cod. de nat. lib.
85. Nov. 117.
86. Leg. 37. ?7, ff. de operib. libertorum, ?7; Ulpian, Fragment., tit. 16, ?2.
87. Ulpian, Fragment., tit. 16, ?2.
88. See book xxvi. 13.
89. Except in certain cases. See the Ulpian, Fragment., tit. 18, and the only law in Cod. de Caduc. tollend.
90. Relatum de moderanda Papia Popp潻. —— Tacitus,Annals, iii. 25.
91. He reduced them to the fourth part. —— Suetonius, Life of Nero, 10.
92. See Pliny, Panegyric.
93. Severus extended even to twenty-five years for the males, and to twenty for the females, the time fixed by the Papian law, as we see by comparing Ulpian, Fragment., tit. 16, with what Tertullian says, Apol., 4.
94. P. Scipio, the censor, complains, in his speech to the people, of the abuses which were already introduced, that they received the same privileges for adopted as for natural children. —— Aulus Gellius, v. 19.
95. See the Leg. 31, ff. de ritu nuptiarum.
96. Augustus in the Papian law gave them the privilege of mothers. See Dio, lvi. Numa had granted them the ancient privilege of women who had three children, that is, of having no guardian. —— Plutarch, Numa.
97. This was granted them by Claudius. —— Dio, lx.
98. Leg. apud eum, ff. de manumissionib. ?1.
99. Dio, lvi.
100. See, in Cicero, Offices, i, his sentiments on the spirit of speculation.
101. Nazarius, in panegyrico Constantini, 321.
102. See Leg. 1, 2, 3, Cod. Theod. de bonis maternis, maternique generis, &c., and Leg. unic., Cod. Theod. de bonis qu?filiis famil. acquiruntur.
103. Sozomenus, i. 9.
104. Leg. 2, 3, Cod. Theod. de jur. liber.
105. Leg. Sancimus, Cod. de nuptiis.
106. Nov. 127, cap. iii; Nov. 118, cap. v.
107. Leg. 54 ff. de condit. et demonst.
108. Leg. 5, ?4, de jure patronatus.
109. Paulus, Sentences, iii. tit. 4, ?15.
110. Antiquities of Rome, ii.
111. Ibid.
112. Book ix.
113. De Leg., iii. 19.
114. De Moribus Germanorum, 19.
115. There is no title on this subject in the Digest; the title of the Code says nothing of it, any more than the Novels.
116. Mahometan countries surround it almost on every side.
117. The edict of 1666 in favour of marriages.
118. See Sir John Chardin, Travels through Persia, viii.
119. See Burnet, History of the Reformation.
We must not judge of Europe as of a particular state engaged alone in an extensive navigation. This state would increase in people, because all the neighbouring nations would endeavour to have ashare in this commerce, and mariners would arrive from all parts. Europe, separated from the rest of the world by religion,[116] by vast seas and deserts, cannot be repaired in this manner.
26. Consequences. From all this we may conclude that Europe is at present in a condition to require laws to be made in favour of the propagation of the human species. The politics of the ancient Greeks incessantly complain of the inconveniences attending a republic, from the excessive number of citizens; but the politics of this age call upon us to take proper means to increase ours.
27. Of the Law made in France to encourage the Propagation of the Species. Louis XIV appointed particular pensions to those who had ten children, and much larger to such as had twelve.[117] But it is not sufficient to reward prodigies. In order to communicate a general spirit, which leads to the propagation of the species, it is necessary for us to establish, like the Romans, general rewards, or general penalties.
28. By what means we may remedy a Depopulation. When a state is depopulated by particular accidents, by wars, pestilence, or famine, there are still resources left. The men who remain may preserve the spirit of industry; they may seek to repair their misfortunes, and calamity itself may make them become more industrious. This evil is almost incurable when the depopulation is prepared beforehand by interior vice and a bad government. When this is the case, men perish with an insensible and habitual disease; born in misery and weakness, in violence or under the influence of a wicked administration, they see themselves destroyed, and frequently without perceiving the cause of their destruction. Of this we have a melancholy proof in the countries desolated by despotic power, or by the excessive advantages of the clergy over the laity.
In vain shall we wait for the succour of children yet unborn to re-establish a state thus depopulated. There is not time for this; men in their solitude are without courage or industry. With land sufficient to nourish a nation, they have scarcely enough to nourish a family. The common people have not even a property in the miseries of the country, that is, in the fallows with which it abounds. The clergy, the prince, the cities, the great men, and some of the principal citizens insensibly become proprietors of all the land which lies uncultivated; the families who are ruined have left their fields, and the labouring man is destitute.
In this situation they should take the same measures throughout the whole extent of the empire which the Romans took in a part of theirs; they should practise in their distress what these observed in the midst of plenty; that is, they should distribute land to all the families who are in want, and procure them materials for clearing and cultivating it. This distribution ought to be continued so long as there is a man to receive it, and in such a manner as not to lose a moment that can be industriously employed.
29. Of Hospitals. A man is not poor because he has nothing, but because he does not work. The man who without any degree of wealth has an employment is as much at his ease as he who without labour has an income of a hundred crowns a year. He who has no substance, and yet has a trade, is not poorer than he who, possessing ten acres of land, is obliged to cultivate it for his subsistence. The mechanic who gives his art as an inheritance to his children has left them a fortune, which is multiplied in proportion to their number. It is not so with him who, having ten acres of land, divides it among his children.
In trading countries, where many men have no other subsistence but from the arts, the state is frequently obliged to supply the necessities of the aged, the sick, and the orphan. A well-regulated government draws this support from the arts themselves. It gives to some such employment as they are capable of performing; others are taught to work, and this teaching of itself becomes an employment.
The alms given to a naked man in the street do not fulfil the obligations of the state, which owes to every citizen a certain subsistence, a proper nourishment, convenient clothing, and a kind of life not incompatible with health.
Aurungzebe, being asked why he did not build hospitals, said, "I will make my empire so rich that there shall be no need of hospitals."[118] He ought to have said, "I will begin by rendering my empire rich, and then I will build hospitals."
The riches of the state suppose great industry. Amidst the numerous branches of trade it is impossible but that some must suffer, and consequently the mechanics must be in a momentary necessity.
Whenever this happens, the state is obliged to lend them a ready assistance, whether it be to prevent the sufferings of the people, or to avoid a rebellion. In this case hospitals, or some equivalent regulations, are necessary to prevent this misery.
But when the nation is poor, private poverty springs from the general calamity, and is, if I may so express myself, the general calamity itself. All the hospitals in the world cannot cure this private poverty; on the contrary, the spirit of indolence, which it constantly inspires, increases the general, and consequently the private, misery.
Henry VIII,[119] resolving to reform the Church of England, ruined the monks, of themselves a lazy set of people, that encouraged laziness in others, because, as they practised hospitality, an infinite number of idle persons, gentlemen and citizens, spent their lives in running from convent to convent. He demolished even the hospitals, in which the lower people found subsistence, as the gentlemen did theirs in the monasteries. Since these changes, the spirit of trade and industry has been established in England.
At Rome, the hospitals place every one at his ease except those who labour, except those who are industrious, except those who have land, except those who are engaged in trade. I have observed that wealthy nations have need of hospitals, because fortune subjects them to a thousand accidents; but it is plain that transient assistances are much better than perpetual foundations. The evil is momentary; it is necessary, therefore, that the succour should be of the same nature, and that it be applied to particular accidents.
______
1. Dryden, Lucr.
2. The Garamantes.
3. Book i. 8.
4. Pater est quem nupti?demonstrant.
5. For this reason, among nations that have slaves, the child almost always follows the station or condition of the mother.
6. Father Du Halde, i, p. 165.
7. Ibid, ii, p. 121.
8. Aristotle, Politics, vi. 4.
9. Ibid., iii. 5.
10. Thomas Gage, A New Survey of the West Indies, p. 345, 3rd ed.
11. Ibid., p. 97, 3rd ed.
12. Book xvi. 4.
13. See Kempfer, who gives a computation of the people of Meaco.
14. Collection of Voyages that Contributed to the Establishment of the East India Company, i, p. 347.
15. Japan is composed of a number of isles, where there are many banks, and the sea is there extremely full of fish.
16. China abounds in rivers.
17. See Father Du Halde, ii, pp. 139, 142. ff.
18. The greatest number of the proprietors of land, says Bishop Burnet, finding more profit in selling their wool than their corn, inclosed their estates; the commons, ready to perish with hunger, rose up in arms; they insisted on a division of the lands; the young king even wrote on this subject. And proclamations were made against those who inclosed their lands. —— Abridgment of the History of the Reformation, pp. 44. 83.
19. Dampier, Voyages, ii, p. 41.
20. Ibid., p. 167.
21. See the Collection of Voyages that Contributed to the Establishment of the East India Company, v, part I, pp. 182, 188.
22. In valour, discipline, and military exercises.
23. The Gauls, who were in the same circumstances, acted in the same manner.
24. Laws, v.
25. Republic, v.
26. Politics, vii. 16.
27. Ibid.
28. Ibid., iii. 5.
29. Sixty pounds sterling.
30. Book vi. 12.
31. Book vii, p. 496.
32. I have treated of this in the Considerations on the Causes of the Rise and Declension of the Roman Grandeur, 13.
33. Book lvi.
34. Book ii.
35. In the year of Rome 277.
36. See what was done in this respect in Livy, xlv; the Epitome of Livy, lix; Aulus Gellius, i. 6; Valerius Maximus, ii. 9.
37. It is in Aulus Gellius, i. 6.
38. See what I have said in Book v. 19.
39. C犘ar, after the Civil War, having made a survey of the Roman citizens, found there were no more than one hundred and fifty thousand heads of families. —— Florus, Epitome of Livy, dec. 12.
40. See Dio, xliii., and Xiphilinus in August.
41. Dio, lib. xliii.; Suetonius, Life of C犘ar, 22; Appian, On the Civil War, ii.
42. Eusebius, Chronicle.
43. Dio, liv. 16.
44. In the year of Rome 736.
45. Julias rogationes. —— Annals, iii. 25.
46. In the year of Rome 762. —— Dio, lvi. i.
47. I have abridged this speech, which is of tedious length; it is to be found in Dio, lvi.
48. Marcus Papius Mutilus and Q. Popp獘s Sabinus. —— Dio, lvi.
49. Ibid.
50. Ulpian, Fragment, tit. 14, distinguishes very rightly between the Julian and the Papian law.
51. James Godfrey has made a collection of these.
52. The 35th is cited in Leg. 19, ff. de ritu nuptiarum.
53. Book ii. 15.
54. Dionysius Halicarnassus.
55. The deputies of Rome, who were sent to search into the laws of Greece, went to Athens, and to the cities of Italy.
56. Aulus Gellius, ii. 15.
57. Suetonius, Life of Augustus, 44.
58. Tacitus, ii. 51: Ut numerus liberorum in candidatis pr熜olleret, quod lex jubebat.
59. Aulus Gellius, ii. 15.
60. Tacitus, Annals, xv. 19.
61. See Leg. 6, ?5, De Decurion.
62. See Leg. 2, ff. de minorib.
63. Leg. i, ?3, Leg. 2, ff. de vacatione et excusat. munerum.
64. Ulpian, Fragment., tit. 29, ?3.
65. Plutarch, Numa.
66. See the Ulpian, Fragment., tit. 14, 15, 16, 17, 18, which compose one of the most valuable pieces of the ancient civil law of the Romans.
67. Sozomenus, i. 9. They could receive from their relatives. —— Ulpian, Fragment., tit. 16, ?i.
68. Sozomenus, i. 9; and Leg. unic., Cod. Theod. de infirm, poenis c熞ib. et orbit.
69. Of the Love of Fathers towards their Children.
70. See a more particular account of this in Ulpian. Fragment., tit. 15, 16.
71. Ibid., tit. 16, ?1.
72. Ibid., tit. 14. It seems the first Julian laws allowed three years. —— Speech of Augustus, in Dio, lvi; Suetonius, Life of Augustus, 34. Other Julian laws granted but one year: the Papian law gave two. —— Ulpian, Fragment., tit. 14. These laws were not agreeable to the people; Augustus, therefore, softened or strengthened them as they were more or less disposed to comply with them.
73. This was the 35th head of the Papian law. —— Leg. 19, ritu nuptiarum.
74. See Dio, liv, year 736; Suetonius, in Octavio, 34.
75. Dio, liv; and in the same Dio, the speech of Augustus, lvi.
76. Ulpian, Fragment., tit. 16, and Leg. 27, Cod. de nuptiis.
77. Ulpian, Fragment., tit. 16, ?3.
78. See Suetonius, Life of Claudius, 23.
79. Ibid., 23, and Ulpian, Fragment., tit. 16, ?3.
80. Dio, liv; Ulpian, Fragment., tit. 13.
81. Augustus's speech, in Dio, lvi.
82. Ulpian, Fragment., 13, and the Leg. 44. ff. de ritu nuptiarum.
83. Ulpian, Fragment., tit. 13 and 16.
84. See Leg. 1, Cod. de nat. lib.
85. Nov. 117.
86. Leg. 37. ?7, ff. de operib. libertorum, ?7; Ulpian, Fragment., tit. 16, ?2.
87. Ulpian, Fragment., tit. 16, ?2.
88. See book xxvi. 13.
89. Except in certain cases. See the Ulpian, Fragment., tit. 18, and the only law in Cod. de Caduc. tollend.
90. Relatum de moderanda Papia Popp潻. —— Tacitus,Annals, iii. 25.
91. He reduced them to the fourth part. —— Suetonius, Life of Nero, 10.
92. See Pliny, Panegyric.
93. Severus extended even to twenty-five years for the males, and to twenty for the females, the time fixed by the Papian law, as we see by comparing Ulpian, Fragment., tit. 16, with what Tertullian says, Apol., 4.
94. P. Scipio, the censor, complains, in his speech to the people, of the abuses which were already introduced, that they received the same privileges for adopted as for natural children. —— Aulus Gellius, v. 19.
95. See the Leg. 31, ff. de ritu nuptiarum.
96. Augustus in the Papian law gave them the privilege of mothers. See Dio, lvi. Numa had granted them the ancient privilege of women who had three children, that is, of having no guardian. —— Plutarch, Numa.
97. This was granted them by Claudius. —— Dio, lx.
98. Leg. apud eum, ff. de manumissionib. ?1.
99. Dio, lvi.
100. See, in Cicero, Offices, i, his sentiments on the spirit of speculation.
101. Nazarius, in panegyrico Constantini, 321.
102. See Leg. 1, 2, 3, Cod. Theod. de bonis maternis, maternique generis, &c., and Leg. unic., Cod. Theod. de bonis qu?filiis famil. acquiruntur.
103. Sozomenus, i. 9.
104. Leg. 2, 3, Cod. Theod. de jur. liber.
105. Leg. Sancimus, Cod. de nuptiis.
106. Nov. 127, cap. iii; Nov. 118, cap. v.
107. Leg. 54 ff. de condit. et demonst.
108. Leg. 5, ?4, de jure patronatus.
109. Paulus, Sentences, iii. tit. 4, ?15.
110. Antiquities of Rome, ii.
111. Ibid.
112. Book ix.
113. De Leg., iii. 19.
114. De Moribus Germanorum, 19.
115. There is no title on this subject in the Digest; the title of the Code says nothing of it, any more than the Novels.
116. Mahometan countries surround it almost on every side.
117. The edict of 1666 in favour of marriages.
118. See Sir John Chardin, Travels through Persia, viii.
119. See Burnet, History of the Reformation.