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The Spirit of the Laws

  
[title page]
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The Translator to the Reader
  
CONTENTS
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PREFACE
  
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Book I. Of Laws in General.
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Book II. Of Laws Directly Derived from the Nature of Government.
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Book III. Of the Principles of the Three Kinds of Government.
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Book IV. That the Laws of Education Ought to Be in Relation to the Principles of Government.
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Book V. That the Laws Given by the Legislator Ought to Be in Relation to the Principle of Government.
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Book VI. Consequences of the Principles of Different Governments with Respect to the Simplicity of Civil and Criminal Laws, the Form of Judgments, and the Inflicting of Punishments.
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Book VII. Consequences of the Different Principles of the Three Governments with Respect to Sumptuary Laws, Luxury, and the Condition of Women.
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1. Of Luxury.
  
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Footnotes
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2. Of sumptuary Laws in a Democracy.
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3. Of sumptuary Laws in an Aristocracy.
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4. Of sumptuary Laws in a Monarchy.
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5. In what Cases sumptuary Laws are useful in a Monarchy.
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6. Of the Luxury of China.
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7. Fatal Consequence of Luxury in China.
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8. Of public Continency.
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9. Of the Condition or State of Women in different Governments.
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10. Of the domestic Tribunal among the Romans.
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11. In what Manner the Institutions changed at Rome, together with the Government.
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12. Of the Guardianship of Women among the Romans.
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13. Of the Punishments decreed by the Emperors against the Incontinence of Women.
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14. Sumptuary Laws among the Romans.
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15. Of Dowries and Nuptial Advantages in different Constitutions.
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16. An excellent Custom of the Samnites.
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17. Of Female Administration.
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Book VIII. Of the Corruption of the Principles of the Three Governments.
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Book IX., Of Laws in the Relation They Bear to a Defensive Force.
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Book X. Of Laws in the Relation They Bear to Offensive Force.
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Book XI. Of the Laws Which Establish Political Liberty, with Regard to the Consti- tution.
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Book XII. Of the Laws That Form Political Liberty, in Relation to the Subject.
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Book XIII. Of the Relation Which the Levying of Taxes and the Greatness of the Public Revenues Bear to Liberty.
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Book XIV. Of Laws in Relation to the Nature of the Climate.
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Book XV. In What Manner the Laws of Civil Slavery Relate to the Nature of the Climate.
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Book XVI. How the Laws of Domestic Slavery Bear a Relation to the Nature of the Climate.
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Book XVII., How the Laws of Political Servitude Bear a Relation to the Nature of the Climate.
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Book XVIII. Of Laws in the Relation They Bear to the Nature of the Soil.
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Book XIX. Of Laws in Relation to the Principles Which Form the General Spirit, Morals, and Customs of a Nation.
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Book XX. Of Laws in Relation to Commerce, Considered in its Nature and Distinctions.
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Book XXI. Of Laws in relation to Commerce, considered in the Revolutions it has met with in the World.
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Book XXII. Of Laws in Relation to the Use of Money.
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Book XXIII. Of Laws in the Relation They Bear to the Number of Inhabitants.
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Book XXIV. Of Laws in relation to Religion Considered in Itself, and in its Doctrines.
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Book XXV. Of Laws in Relation to the Establishment of Religion and its External Polity.
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Book XXVI. Of Laws in Relation to the Order of Things Which They Determine.
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Book XXVII. Of the Origin and Revolutions of the Roman Laws on Successions.
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Book XXVIII. Of the Origin and Revolutions of the Civil Laws among the French.
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Book XXIX. Of the Manner of Composing Laws.
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Book XXX. Theory of the Feudal Laws among the Franks in the Relation They Bear to the Establishment of the Monarchy.
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Book XXXI. Theory of the Feudal Laws among the Franks, in the Relation They Bear to the Revolutions of their Monarchy.

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7.12. 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.

Footnotes

[27]

Nisi convenissent in manum viri.

[28]

Ne sis mihi patruus oro.

[29]

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

[30]

This tutelage was by the Germans called Mundeburdium.

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