the spirit of laws-第77章
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Cicero says that the reasons of repudiation sprang from the law of the Twelve Tables。＇26＇ We cannot then doubt but that this law increased the number of the reasons for repudiation established by Romulus。
The power of divorce was also an appointment； or at least a consequence； of the law of the Twelve Tables。 For from the moment that the wife or the husband had separately the right of repudiation； there was a much stronger reason for their having the power of quitting each other by mutual consent。
The law did not require that they should lay open the causes of divorce＇27＇ In the nature of the thing； the reasons for repudiation should be given； while those for a divorce are unnecessary； because； whatever causes the law may admit as sufficient to break a marriage； a mutual antipathy must be stronger than them all。
The following fact； mentioned by Dionysius Halicarnassus；＇28＇ Valerius Maximus；＇29＇ and Aulus Gellius；＇30＇ does not appear to me to have the least degree of probability： though they had at Rome； say they； the power of repudiating a wife； yet they had so much respect for the auspices that nobody for the space of five hundred and twenty years ever made＇31＇ use of this right； till Carvilius Ruga repudiated his； because of her sterility。 We need only be sensible of the nature of the human mind to perceive how very extraordinary it must be for a law to grant such right to a whole nation； and yet for nobody to make use of it。 Coriolanus； setting out on his exile； advised his＇32＇ wife to marry a man more happy than himself。 We have just been seeing that the law of the Twelve Tables and the manners of the Romans greatly extended the law of Romulus。 But to what purpose were these extensions if they never made use of a power to repudiate？ Besides； if the citizens had such a respect for the auspices that they would never repudiate； how came the legislators of Rome to have less than they？ And how came the laws incessantly to corrupt their manners？
All that is surprising in the fact in question will soon disappear； only by comparing two passages in Plutarch。 The regal law＇33＇ permitted a husband to repudiate in the three cases already mentioned； and 〃it enjoined；〃 says Plutarch；＇34＇ 〃that he who repudiated in any other case should be obliged to give the half of his substance to his wife； and that the other half should be consecrated to Ceres。〃 They might then repudiate in all cases； if they were but willing to submit to the penalty。 Nobody had done this before Carvilius Ruga；＇35＇ who； as Plutarch says in another place；＇36＇ 〃put away his wife for her sterility two hundred and thirty years after Romulus。〃 That is； she was repudiated seventy…one years before the law of the Twelve Tables； which extended both the power and causes of repudiation。
The authors I have cited say that Carvilius Ruga loved his wife； but that the censors made him take an oath to put her away； because of her barrenness； to the end that he might give children to the republic； and that this rendered him odious to the people。 We must know the genius and temper of the Romans before we can discover the true cause of the hatred they had conceived against Carvilius。 He did not fall into disgrace with the people for repudiating his wife； this was an affair that did not at all concern them。 But Carvilius had taken an oath to the censors； that by reason of the sterility of his wife he would repudiate her to give children to the republic。 This was a yoke which the people saw the censors were going to put upon them。 I shall discover； in the prosecution of this work；＇37＇ the repugnance which they always felt to regulations of the like kind。 But whence can such a contradiction between those authors arise？ It is because Plutarch examined into a fact； and the others have recounted a prodigy。
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1。 〃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。 Laugier de Tassis； History of the Kingdom of Algiers； p。 61。
2。 See Jornandes； De Regno et tempor。 success。； and the ecclesiastic historians。
3。 See Leg。 7。 Cod。； De Jud？is et C？licolis； and Nov。 18； cap。 v。
4。 In Ceylon a man may live on ten sols a month； they eat nothing there but rice and fish。 Collection of Voyages that Contributed to the Establishment of the East India Company； ii； part 1。
5。 Dr。 Arbuthnot 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。
6。 See Kempfer； who relates that upon numbering the people of Meaco there were found 182；072 males； and 223；573 females。
7。 Father Du Halde； History of China； iv； p。 4。
8。 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。
9。 Collection of Voyages that Contributed to the Establishment of the East India Company； i。
10。 See Francis Pirard； 27。 Edifying Letters； coll。 iii； x； on the Malleami on the coast of Malabar。 This is considered as an abuse of the military profession； as a woman； says Pirard； of the tribe of the Bramins never would marry many husbands。
11。 This is the reason why women in the East are so carefully concealed。
12。 Life and Actions of Justinian； p。 403。
13。 Laugier de Tassis； History of the Kingdom of Algiers。
14。 See Pirard； Voyages； 12。
15。 Exod。； 21。 10； 11。
16。 〃It is an admirable touch…stone； to find by oneself 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； iii； p。 151。
17。 Collection of Voyages that Contributed to the Establishment of the East India Company； ii； part II； p。 196。
18。 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； 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 that Contributed to the Establishment of the East India Company； p。 348。
19。 Voyage to Guinea； part II； p。 192。 〃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 refuses to comply with their desires； they threaten to suffer themselves to be caught in flagranti。〃
20。 Mahomet desired his followers to watch their wives； a certain Iman； when he was dying； said the same thing； and Confucius preached the same doctrine。
21。 It does not follow hence that repudiation on account of sterility should be permitted amongst Christians。
22。 They took them again preferably to any other； because in this case there was less expense。 Pirard； Travels。
23。 Solis； History of the Conquest of Mexico； p。 499。
24。 Romulus。
25。 This was a law of Solon。
26。 Mimam res suas sibi habere jussit； ex duodecim tabulis causam addidit。 Philipp； ii。 69。
27。 Justinian altered this； Nov。 117； cap。 x。
28。 Book ii。
29。 Book ii。 4。
30。 Book iv。 3。
31。 According to Dionysius Halicarnassus and Valerius Maximus； and five hundred and twenty…three； according to Aulus Gellius。 Neither did they agree in placing this under the same consuls。
32。 See the Speech of Veturia in Dionysius Halicarnassus； viii。
33。 Plutarch； Romulus。
34。 Ibid。
35。 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。
36。 In his comparison between Theseus and Romulus。
37。 Book xxiii； 21。
Book XVII。 How the Laws of Political Servitude Bear a Relation to the Nature of the Climate
1。 Of polit
