英文版论法的精神-6

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1. Plutarch, Solon.

2. Ibid.

3. 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. — Aristotle, Politics, ii. 7, 12.

4. Laws, xi.

5. Cornelius Nepos, preface. 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.

6. De specialibus legibus qu? pertinent ad pr?ceptar Decalogi.

7. Book x.

8. Athenis dimidium licet, Alexandri? totum. — Seneca, De Morte Claudii.

9. Plato has a law of this kind. Laws, v.

10. Aristotle. ii. 7.

11. 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. — Plutarch, Solon.

12. Solon excludes from public employments all those of the fourth class.

13. They insisted upon a larger division of the conquered lands. — Plutarch, Lives of the ancient Kings and Commanders.

14. In these, the portions or fortunes of women ought to be very much limited.

15. The magistrates there were annual, and the senators for life.

16. Lycurgus, says Xenophon, De Repub. Laced?m., 10. § 1, 2, 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.

17. Even the Areopagus itself was subject to their censure.

18. De Repub. Laced?m., 8.

19. 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., xxxiv.

20. 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.

21. It was inserted by the decemvirs in the two last tables. See Dionysius Helicarnassus, x.

22. As in some aristocracies in our time; nothing is more prejudicial to the government.

23. See in Strabo, xiv., in what manner the Rhodians behaved in this respect.

24. Amelot de la Houssaye, Of the Government of Venice, part III. The Claudian law forbade the senators to have any ship at sea that held above forty bushels. — Livy, xxi. 63.

25. The informers throw their scrolls into it.

26. See Livy, xlix. 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.

27. At Athens the Logist?, who made all the magistrates accountable for their conduct, gave no account themselves.

28. It is so practised at Venice. — Amelot de la Houssaye, pp. 30, 31.

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

30. It is tolerated only in the common people. See Leg. 3, Cod. de comm. et mercatoribus, which is full of good sense.