Page:Montesquieu - The spirit of laws.djvu/489
OF LAWS. 4
If we reflect on the Roman laws, we (hall find that BOOK. the fpirit of thefe was conformable to what I have c] advanced. At the time when the laws of the twelv^ tables were made, the manners of the Romans were mod admirable. The guardianship was given t-> the neareft relation of the infant, from a confide ration that he ought to have the trouble of die tutelage, who might enjoy the advantage of poflefling the inheritance. They did not imagine the life of the heir in danger, though it was put into 11 periods hands who would reap advantage by his death. But when the manners of Rome were changed, its legif- lators changed their conduct. If in the pupillary fubftiturion, fay Caius ( r ) and Juilinian ( ), the teftator is afraid, that the fubftitute will lay any Llb - 2 - m - fnares for the pupil, he may leave the vulgar * fub- 6 ze r s flitution op?n, and put the pupillary into a part of compile- the teftamc ;t, which cannot be opened till after a i^yfa* certain time. Thefe fears and precautions were in if unknown to the primitive Romans. )Inilitut.
CHAP. XXV. .3-
Tbe fame Subject continued.
TH E Roman law gave the liberty of mak ing prefents before marriage-, after the mar riage they Were not allowed. This was founded on the manners of the Romans, who were led to marriage, only by frugality, fimplicity, and modefty ; but who might fuffer themielvcs to be
The form of the vulgar fubftitution ran tlin> ; If f >ne
is unwilling to take the inheritance, I iubihiutein his llead, the pupillary fubuitution ; If fuch a one dies before hr arrive
age of pubert}-, I fubltitute, c\;c.
F f 3 fed need