f See the 3d law, sec. legis ad leg. i Infimos. Leg. ^, sec. legis ad leg.
Cornel. " de Sicariis," and a vast num- Cornel. " de Sicariis."
ber of others in the Digest and in the / Jul. Cap., Maximini duo.
Codex. k Chap. xvii.
g Sublimiores. / " History of Nicephorus, Patriarch h Medics. of Constantinople."
90 MONTESQUIEU several persons of distinction, he was sentenced to be burned as a calumniator." It is very extraordinary that they should thus proportion the punishments between the crime of high treason and that of calumny.
This puts me in mind of a saying of Charles II, King of Great Britain. He saw a man one day standing in the pillory; upon which he asked what crime the man had committed. He was answered, " Please your majesty, he has written a libel against your ministers." " The fool! " said the King, " why did he not write against me? They would have done nothing to him."
" Seventy persons having conspired against the Emperor Basil, he ordered them to be whipped, and the hair of their heads and beards to be burned. A stag, one day, having taken hold of him by the girdle with his horn, one of his retinue drew his sword, cut the girdle, and saved him; upon which he ordered that person's head to be cut off, ' for having,' said he, * drawn his sword against his sovereign.' " ni Who could im- agine that the same prince could ever have passed two such different judgments?
It is a great abuse amongst us to condemn to the same pun- ishment a person that only robs on the highway and another who robs and murders. Surely, for the public security, some difference should be made in the punishment.
In China, those who add murder to robbery are cut in pieces: n but not so the others; to this difference it is owing that though they rob in that country they never murder.
In Russia, where the punishment of robbery and murder is the same, they always murder.o The dead, say they, tell no tales.
Where there is no difference in the penalty, there should be some in the expectation of pardon. In England they never murder on the highway, because robbers have some hopes of transportation, which is not the case in respect to those that commit murder.
Letters of grace are of excellent use in moderate govern- ments. This power which the prince has of pardoning, ex- ercised with prudence, is capable of producing admirable efm In Nicephorus's history. o " Present State of Russia," by n Du Halde, torn. i. p. 6. Perry.
THE SPIRIT OF LAWS 91 fects. The principle of despotic government, which neither grants nor receives any pardon, deprives it of these advantages.
17. — Of the Rack The wickedness of mankind makes it necessary for the law to suppose them better than they really are. Hence the depo- sition of two witnesses is sufficient in the punishment of all crimes. The law believes them, as if they spoke by the mouth of truth. Thus we judge that every child conceived in wed- lock is legitimate; the law having a confidence in the mother, as if she were chastity itself. But the use of the rack against criminals cannot be defended on a like plea of necessity.
We have before us the example of a nation blessed with an excellent civil government,/' where without any inconvenience the practice of racking criminals is rejected. It is not, there- fore, in its own nature necessary.^ So many men of learning and genius have written against the custom of torturing criminals, that after them I dare not presume to meddle with the subject. I was going to say that it might suit despotic states, where whatever inspires fear is the fittest spring of government. I was going to say that the slaves among the Greeks and Romans — but nature cries out aloud, and asserts her rights.
18. — Of pecuniary and corporal Punishments Our ancestors, the Germans, admitted of none but pecu- niary punishments. Those free and warlike people were of opinion that their blood ought not to be spilled but with sword in hand. On the contrary, these punishments are rejected by the Japanese,^ under pretence that the rich might elude them. But are not the rich afraid of being stripped of their property? And might not pecuniary penalties be proportioned to people's fortunes? And, in fine, might not infamy be added to those punishments?
P The English. Romans, the 3d and 4th laws, " ad leg.
q The citizens of Athens could not be Juliam Majest.," show that birth, dig- put to the rack (Lysias, " Orat. in Ago- nity, and the military profession ex- rat,") unless it was for high treason. The empted people from the rack, except in torture was used within thirty days af- cases of high treason. See the prudent ter condemnation. (Curius Fortunatus, restrictions of this practice made by the " Rhetor. Schol." lib. II.) There was laws of the Visigoths, no preparatory torture. In regard to the r See Kempfer.
92 MONTESQUIEU A good legislator takes a just medium; he ordains neither always pecuniary nor always corporal punishments.
19. — Of the Law of Retaliation The use of the law of retaliation s is very frequent in despotic countries, where they are fond of simple laws. Moderate gov- ernments admit of it sometimes; but with this difference, that the former exercise it in full rigor, whereas among the latter it ever receives some kind of limitation.
The law of the Twelve Tables admitted two: first, it never condemned to retaliation, but when the plaintiff could not be satisfied in any other manner.^ Secondly, after condemnation they might pay damages and interest,^ and then the corporal was changed into a pecuniary punishment.^ 20. — Of the Punishment of Fathers for the Crimes of their Children In China, fathers are punished for the crimes of their chil- dren. This was likewise the custom of Peru w — a custom de- rived from the notion of despotic power.
Little does it signify to say that in China the father is punished for not having exerted that paternal authority which nature has established, and the laws themselves have improved. This still supposes that there is no honor among the Chinese. Amongst us, parents whose children are condemned by the laws of their country, and children x whose parents have under- gone the like fate, are as severely punished by shame, as they would be in China by the loss of their lives.
21. — Of the Clemency of the Prince Clemency is the characteristic of monarchs. In republics, whose principle is virtue, it is not so necessary. In despotic governments, where fear predominates, it is less customary, because the great men are to be restrained by examples of J It is established in the Koran. See w See Garcilaso, " History of the the chapter of the Cow. Civil Wars of the Spaniards."
t " Si membrum rupit, ni cum eo x " Instead of punishing them," says Sacit, talio esto." — Aulus Gellius, lib. Plato, " they ought to be commended 'X. cap. i. for not having followed their fathers' ex- « Ibid. ample." — Book IX. of Laws. V See also the law of the Visigoths, book VI. tit. iv. sees. 3 and 5.
THE SPIRIT OF LAWS 93 severity. It is more necessary in monarchies, where they are governed by honor, which frequently requires what the very law forbids. Disgrace is here equivalent to chastisement; and even the forms of justice are punishments. This is because particular kinds of penalty are formed by shame, which on every side invades the delinquent.
The great men in monarchies are so heavily punished by disgrace, by the loss (though often imaginary) of their fortune, credit, acquaintances, and pleasures, that rigor in respect to them is needless. It can tend only to divest the subject of the affection he has for the person of his prince, and of the respect he ought to have for public posts and employments. • As the instability of the great is natural to a despotic govern- ment, so their security is interwoven with the nature of mon- archy.
So many are the advantages which monarchs gain by clem- ency, so greatly does it raise their fame and endear them to their subjects, that it is generally happy for them to have an opportunity of displaying it; which in this part of the world is seldom wanting.
Some branch, perhaps, of their authority, but never hardly the whole, will be disputed; and if they sometimes fight for their crown, they do not fight for their life.
But some may ask when it is proper to punish, and when to pardon. This is a point more easily felt than prescribed. When there is danger in the exercise of clemency, it is visible; noth- ing so easy as to distinguish it from that imbecility which ex- poses princes to contempt and to the very incapacity of punish- ing.
The Emperor Maurices made a resolution never to spill the blood of his subjects. Anastasius ^ punished no crimes at all. Isaac Angelus took an oath that no one should be put to death during his reign. Those Greek emperors forgot that it was not for nothing they were intrusted with the sword.
y Evagr. Hist. s Frag, of Suidas, in Constantine Porphyrogenitus.
BOOK VII CONSEQUENCES OF THE DIFFERENT PRINCI- PLES OF THE THREE GOVERNMENTS WITH RESPECT TO SUMPTUARY LAWS, LUXURY, AND THE CONDITION OF WOMEN I. — Of Luxury LUXURY is ever in proportion to the inequality of for- tunes. If the riches of a state are equally divided there will be no luxury; for it is founded merely on the con- veniences acquired by the labor of others.
In order to have this equal distribution of riches, the law ought to give to each man only what is necessary for nature. If they exceed these bounds, some will spend, and others will acquire, by which means an inequality will be established.
Supposing what is necessary for the support of nature to be equal to a given sum, the luxury of those who have only what is barely necessary will be equal to a cipher: if a person hap- pens to have double that sum, his luxury will be equal to one; he that has double the latter's substance will have a luxury equal to three; if this be still doubled, there will be a luxury equal to seven; so that the property of the subsequent individ- ual being always supposed double to that of the preceding, the luxury will increase double, and a unit be always added, in this progression, o, i, 3, 7, 15, 31, 63, 127.
In Plato's republic,^ luxury might have been exactly calcu- lated. There were four sorts of censuses or rates of estates. The first was exactly the term beyond poverty, the second was double, the third triple, the fourth quadruple to the first. In the first census, luxury was equal to a cipher; in the second to a The first census was the hereditary triple of the hereditary share. See his share in land, and Plato would not allow " Laws," book V. them to have, in other effects, above a 94 THE SPIRIT OF LAWS 95 one, in the third to two, in the fourth to three: and thus it fol- lowed in an arithmetical proportion.
Considering the luxury of different nations with respect to one another, it is in each state a compound proportion to the inequality of fortunes among the subjects, and to the inequality of wealth in different states. In Poland, for example, there is an extreme inequality of fortunes, but the poverty of the whole hinders them from having so much luxury as in a more opulent government.
Luxury is also in proportion to the populousness of the towns, and especially of the capital; so that it is in a compound proportion to the riches of the state, to the inequality of private fortunes, and to the number of people settled in particular places.
In proportion to the populousness of towns, the inhabitants are filled with notions of vanity and actuated by an ambition of distinguishing themselves by trifles.^ If they are very numer- ous, and most of them strangers to one another, their vanity re- doubles, because there are greater hopes of success. As luxury inspires these hopes, each man assumes the marks of a superior condition. But by endeavoring thus at distinction, every one becomes equal, and distinction ceases; as all are desirous of re- spect, nobody is regarded.
Hence arises a general inconvenience. Those who excel in a profession set what value they please on their labor; this ex- ample is followed by people of inferior abilities, and then there is an end of all proportion between our wants and the means of satisfying them. When I am forced to go to law, I must be able to fee counsel; when I am sick, I must have it in my power to fee a physician.
It is the opinion of several, that the assemblage of so great a multitude of people in capital cities is an obstruction to com- merce, because the inhabitants are no longer at a proper dis- tance from each other. But I cannot think so; for men have more desires, more wants, more fancies, when they live to- gether.
b " In large and populous cities," says thejr appear to be.— They have the satisthe author of the " Fable of the Bees," faction of imagining that they appear torn. i. p. 133, "they wear clothes above what they would be: which, to weak their rank, and, consequently, have the minds, is a pleasure almost as substanpleasure of being esteemed by a vast tial as they could reap from the very majority, not as what they are, but what accomplishment of their wishes."
g6 MONTESQUIEU 2. — Of sumptuary Laws in a Democracy We have observed that in a republic, where riches are equally divided, there can be no such thing as luxury; and as we have shown in Book V.,c that this equal distribution constitutes the excellence of a republican government; hence it follows, that the less luxury there is in a republic, the more it is perfect. There was none among the old Romans, none among the Lace- daemonians; and in republics where this equality is not quite lost, the spirit of commerce, industry, and virtue renders every man able and wilHng to live on his own property, and conse- quently prevents the growth of luxury.
The laws concerning the new division of lands, insisted upon so eagerly in some republics, were of the most salutary nature. They are dangerous, only as they are sudden. By reducing in- stantly the wealth of some, and increasing that of others, they form a revolution in each family, and must produce a general one in the state.
In proportion as luxury gains ground in a republic, the minds of the people are turned towards their particular interests. Those who are allowed only what is necessary have nothing but their own reputation and their country's glory in view. But a soul depraved by luxury has many other desires, and soon becomes an enemy to the laws that confine it. The luxury in which the garrison of Rhegium d began to live was the cause of their massacring the inhabitants.
No sooner were the Romans corrupted than their desires be- came boundless and immense. Of this we may judge by the price they set on things. A pitcher of Falernian wine ^ was sold for a hundred Roman denarii; a barrel of salt meat from the kingdom of Pontus cost four hundred; a good cook four talents; and for boys, no price was reckoned too great. When the whole world, impelled by the force of corruption, is im- mersed in voluptuousness f what must then become of virtue?
c Chaps, iv. and v. dorus, quoted by Constantine Porphyrd The city at the extremity of Italy, ogenitus, in his " Extract of Virtues nearest Sicily; pillaged by Decius Jubel- and Vices."
lius with a barbarian legion.— Ed. f " Cum maximus omnium impetus e Fragment of the 36th book of Dio- ad luxuriam esset."— Ibid.
THE SPIRIT OF LAWS 97 3. — Of sumptuary Laws in an Aristocracy There is this inconvenience in an ill-constituted aristocracy, that the wealth centres in the nobility, and yet they are not allowed to spend; for as luxury is contrary to the spirit of mod- eration, it must be banished thence. This government conpre- hends, therefore, only people who are extremely poor and can- not acquire, and people who are vastly rich and cannot spend.
In Venice, they are compelled by the laws to moderation. They are so habituated to parsimony that none but courtesans can make them part with their money. Such is the method made use of for the support of industry; the most contemptible of women may be profuse without danger, whilst those who contribute to their extravagance consume their days in the greatest obscurity.
Admirable in this respect were the institutions of the princi- pal republics of Greece. The rich employed their money in festivals, musical choruses, chariots, horse-races, and charge- able offices. Wealth was, therefore, as burdensome there as poverty.
4. — Of sumptuary Laws in a Monarchy Tacitus says,g " That the Suiones,/^ a German nation, has a particular respect for riches; for which reason they live under the government of one person." This shows that luxury is ex- tremely proper for monarchies, and that under this govern- ment there must be no sumptuary laws.
As riches, by the very constitution of monarchies, are un- equally divided, there is an absolute necessity for luxury. Were the rich not to be lavish, the poor would starve. It is even necessary here, that the expenses of the opulent should be in proportion to the inequality of fortunes, and that luxury, as we have already observed, should increase in this proportion. The augmentation of private wealth is owing to its having de- prived one part of the citizens of their necessary support; this must therefore be restored to them.
Hence it is that for the preservation of a monarchical state, luxury ought continually to increase, and to grow more exten- sive, as it rises from the laborer to the artificer, to the merchant, g " De Moribus Germanorum." that part of Europe now known as Sweh The Suiones were the inhabitants of den. — Ed.
98 MONTESQUIEU to the magistrate, to the nobility, to the great officers of state, up to the very prince; otherwise the nation will be undone.
In the reign of Augustus, a proposal was made in the Roman Senate, which was composed of grave magistrates, learned civil- ians, and of men whose heads were filled with the notion of the primitive times, to reform the manners and luxury of women. It is curious to see In Dio,i with what art this prince eluded the importunate solicitations of those Senators. This was be- cause he was founding a monarchy, and dissolving a republic.
Under Tiberius, the ^Ediles proposed in the Senate the re- establishment of the ancient sumptuary laws./ This prince, who did not want sense, opposed It. " The state," said he, " could not possibly subsist in the present situation of things. How could Rome, how could the provinces, live? We were frugal, while we were only masters of one city; now we con- sume the riches of the whole globe, and employ both the mas- ters and their slaves In our service." He plainly saw that sumptuary laws would not suit the present form of government.
When a proposal was made under the same Emperor to the Senate to prohibit the governors from carrying their wives with them Into the provinces, because of the dissoluteness and ir- regularity which followed those ladles, the proposal was re- jected. It was said, " that the examples of ancient austerity had been changed into a more agreeable method of living." k They found there was a necessity for different manners.
Luxury Is therefore absolutely necessary in monarchies; as it is also in despotic states. In the former, it is the use of lib- erty; in the latter, it is the abuse of servitude. A slave ap- pointed by his master to tyrannize over other wretches of the same condition, uncertain of enjoying to-morrow the blessings of to-day, has no other felicity than that of glutting the pride, the passions, and voluptuousness of the present moment.
Hence arises a very natural reflection. Republics end with luxury; monarchies with poverty.^ i Dio Cassius, lib. LIV. / " Opulentia paritura mox egestaj Tacit. " Annal." lib. III., tcm."— Florus, lib. III.
k " Multa duritiei veterum melius et laetius mutata."— Tacit. " Annal." lib.
III.
THE SPIRIT OF LAWS 99 5. — In what Cases sumptuary Laws are useful in a Monarchy Whether it was from a republican spirit, or from some other particular circumstance, sumptuary laws were made in Aragon, in the middle of the thirteenth century. James I ordained that neither the king nor any of his subjects should have above two sorts of dishes at a meal, and that each dish should be dressed only one way, except it were game of their own killing.wt In our days, sumptuary laws have been also enacted in Swe- den; but with a different view from those of Aragon.
A government may make sumptuary laws with a view to absolute frugality; this is the spirit of sumptuary laws in re- pubHcs; and the very nature of the thing shows that such was the design of those of Aragon.
Sumptuary laws may likewise be established with a design to promote a relative frugality: when a government, perceiv- ing that foreign merchandise, being at too high a price, will re- quire such an exportation of home manufactures as to deprive them of more advantages by the loss of the latter than they can receive from the possession of the former, they will forbid their being introduced. And this is the spirit of the laws which in our days have been passed in Sweden.^ Such are the sumptu- ary laws proper for monarchies.
In general, the poorer a state, the more it is ruined by its relative luxury; and consequently the more occasion it has for relative sumptuary laws. The richer a state, the more it thrives by its relative luxury; for which reason it must take particular care not to make any relative sumptuary laws. This we shall better explain in the book on commerce; 0 here we treat only of absolute luxury.
6. — Of the Luxury of China Sumptuary laws may, in some governments, be necessary for particular reasons. The people, by the influence of the cHmate, may grow so numerous, and the means of subsisting may be so uncertain, as to render a universal application to agriculture extremely necessary. As luxury in those countries is dangerw Constitution of Tames I in the year n They have prohibited rich wines and 1234, article 6, in Marca Hispanica," other costly merchandise.
loo MONTESQUIEU ous, their sumptuary laws should be very severe. In order, therefore, to be able to judge whether luxury ought to be en- couraged or proscribed, we should examine first what relation there is between the number of people and the facility they have of procuring subsistence. In England the soil produces more grain than is necessary for the maintenance of such as cultivate the land and of those who are employed in the woollen manufactures. This country may be therefore allowed to have some trifling arts and consequently luxury. In France, likewise, there is corn enough for the support of the husband- man and of the manufacturer. Besides, a foreign trade may bring in so many necessaries in return for toys, that there is no danger to be apprehended from luxury.
On the contrary, in China, the women are so prolific, and the human species multipHes so fast, that the lands, though never so much cultivated, are scarcely sufficient to support the inhabitants. Here, therefore, luxury is pernicious, and the spirit of industry and economy is as requisite as in any repub- lic./' They are obliged to pursue the necessary arts, and to shun those of luxury and pleasure.
This is the spirit of the excellent decrees of the Chinese em- perors. " Our ancestors," says an Emperor of the family of the Tangs,? " held it as a maxim that if there was a man v/ho did not work, or a woman that was idle, somebody must suffer cold or hunger in the empire." And on this principle he ordered a vast number of the monasteries of bonzes to be destroyed.
The third emperor of the one-and-twentieth dynasty,^ to whom some precious stones were brought that had been found in a mine, ordered it to be shut up, not choosing to fatigue his people with working for a thing that could neither feed nor clothe them.
" So great is our luxury," says Kiayventi,-? " that people adorn with embroidery the shoes of boys and girls, whom they are obliged to sell." Is employing so many people in making clothes for one person the way to prevent a great many from wanting clothes? There are ten men who eat the fruits of the f Luxury has been here always pro- r History of China, 21st Dynasty, in hibited. Father Du Halde's work, torn. i.
q In an ordinance quoted by Father 5 In a discourse cited by Father Du Du Halde, torn. ii. p. 497. Halde, torn. iii. p. 418.
THE SPIRIT OF LAWS loi earth to one employed in agriculture; and is this the means of preserving numbers from wanting nourishment?
7. — Fatal Consequence of Luxury in China In the history of China we find it has had twenty-two suc- cessive dynasties; that is, it has experienced twenty-two gen- eral, without mentioning a prodigious number of particular, revolutions. The first three dynasties lasted a long time, be- cause they were wisely administered, and the empire had not so great an extent as it afterwards obtained. But we may observe in general that all those dynasties began very well. Virtue, at- tention, and vigilance are necessary in China; these prevailed in the commencement of the dynasties, and failed in the end. It was natural that emperors trained up in military toil, who had compassed the dethroning of a family immersed in pleas- ure, should adhere to virtue, which they had found so advan- tageous, and be afraid of voluptuousness, which they knew had proved so fatal to the family dethroned. But after the three or four first princes, corruption, luxury, indolence, and pleasure possessed their successors; they shut themselves up in a pal- ace; their understanding was impaired; their life was short- ened; the family declined; the grandees rose up; the eunuchs gained credit; none but children were set on the throne; the palace was at variance with the empire; a lazy set of people that dwelt there ruined the industrious part of the nation; the emperor was killed or destroyed by a usurper, who founded a family, the third or fourth successor of which went and shut himself up in the very same palace.
8. — Of public Continency So many are the imperfections that attend the loss of virtue in women, and so greatly are their minds depraved when this principal guard is removed, that in a popular state public in- continency may be considered as the last of miseries, and as a certain forerunner of a change in the constitution.
Hence it is that the sage legislators of republican states have ever required of women a particular gravity of manners. They have proscribed, not only vice, but the very appearance of it. They have banished even all commerce of gallantry — a com- 102 MONTESQUIEU merce that produces idleness, that renders the women cor- rupters, even before they are corrupted, that gives a value to trifles, and debases things of importance: a commerce, in fine, that makes people act entirely by the maxims of ridicule, in which the women are so perfectly skilled.
9. — Of the Condition or State of Women in different Governments In monarchies women are subject to very little restraint, because as the distinction of ranks calls them to court, there they assume a spirit of liberty, which is almost the only one tolerated in that place. Each courtier avails himself of their charms and passions, in order to advance his fortune: and as their weakness admits not of pride, but of vanity, luxury con- stantly attends them.
In despotic governments women do not introduce, but are themselves an object of, luxury. They must be in a state of the most rigorous servitude. Every one follows the spirit of the government, and adopts in his own family the customs he sees elsewhere established. As the laws are very severe and executed on the spot, they are afraid lest the liberty of women should expose them to danger. Their quarrels, indiscretions, repugnancies, jealousies, piques, and that art, in fine, which little souls have of interesting great ones, would be attended there with fatal consequences.
Besides, as princes in those countries make a sport of human nature, they allow themselves a multitude of women; and a thousand considerations oblige them to keep those women in close confinement.
In republics women are free by the laws and restrained by manners; luxury is banished thence, and with it corruption and vice.
In the cities of Greece, where they were not under the re- straint of a religion which declares that even amongst men regularity of manners is a part of virtue; where a blind passion triumphed with a boundless insolence, and love appeared only in a shape which we dare not mention, while marriage was con- sidered as nothing more than simple friendship; c^ such were the a " In respect to true love," says p. 600. He spoke in the style of his Plutarch, " the women have nothing to time. See Xenophon in the dialogue say to it." In his " Treatise of Love," entitled " Hiero," THE SPIRIT OF LAWS 103 virtue, simplicity, and chastity of women in those cities, that in this respect hardly any people were ever known to have had a better and wiser polity.^ 10. — Of the domestic Tribunal among the Romans The Romans had no particular magistrates, like the Greeks, to inspect the conduct of women. The censors had not an eye over them, as over the rest of the republic.
The institution of the domestic tribunal c supplied the magis- tracy established among the Greeks.^ The husband summoned the wife's relatives, and tried her in their presence.^ This tribunal preserved the manners of the republic; and at the same time those very manners maintained this tribunal. For it decided not only in respect to the viola- tion of the laws, but also of manners: now, in order to judge of the violation of the latter, manners are requisite.
The penalties inflicted by this tribunal ought to be, and act- ually were, arbitrary: for all that relates to manners, and to the rules of modesty, can hardly be comprised under one code of laws. It is easy indeed to regulate by laws what we owe to others; but it is very difficult to comprise all we owe to our- selves.
The domestic tribunal inspected the general conduct of women: but there was one crime which, beside the animadver- sion of this tribunal, was likewise subject to a public accusation. This was adultery: whether that in a republic so great a dep- ravation of manners interested the government; or whether the wife's immorality might render the husband suspected; or whether, in fine, they were afraid lest even honest people might choose that this crime should rather be concealed than pun- ished.
_ e It appears from Dionys. Halicarn. lib. II., that Romulus's institution was.
h At Athens there was a particular magistrate who inspected the conduct of women. that in ordinary cases the husband e Romulus instituted this tribunal, as should sit as judge in the presence of appears from Dionysius Halicarnassus, the wife's relatives, but that in heinous book II. p. §6. crimes he should determine in conjuncd See in Livy, book XXXIX., the use tion with five of them. Hence Ulpian, that was made of this tribunal at the tit. 6, sees. 9, 12, and 13, distinguishes time of the conspiracy of the Bac- in respect to the different judgments of chanalians. (They gave the name of manners between those which he calls