[114]

[Footnote 108: See the gradual enlargement and security of the filial
peculium in the Institutes, (l. ii. tit. ix.,) the Pandects, (l. xv.
tit. i. l. xli. tit. i.,) and the Code, (l. iv. tit. xxvi. xxvii.)]

[Footnote 109: The examples of Erixo and Arius are related by Seneca,
(de Clementia, i. 14, 15,) the former with horror, the latter with
applause.]

[Footnote 110: Quod latronis magis quam patris jure eum interfecit, nam
patria potestas in pietate debet non in atrocitate consistere, (Marcian.
Institut. l. xix. in Pandect. l. xlviii. tit. ix. leg.5.)]

[Footnote 111: The Pompeian and Cornelian laws de sicariis and
parricidis are repeated, or rather abridged, with the last supplements
of Alexander Severus, Constantine, and Valentinian, in the Pandects (l.
xlviii. tit. viii ix,) and Code, (l. ix. tit. xvi. xvii.) See likewise
the Theodosian Code, (l. ix. tit. xiv. xv.,) with Godefroy's Commentary,
(tom. iii. p. 84--113) who pours a flood of ancient and modern learning
over these penal laws.]

[Footnote 112: When the Chremes of Terence reproaches his wife for not
obeying his orders and exposing their infant, he speaks like a father
and a master, and silences the scruples of a foolish woman. See
Apuleius, (Metamorph. l. x. p. 337, edit. Delphin.)]

[Footnote 113: The opinion of the lawyers, and the discretion of
the magistrates, had introduced, in the time of Tacitus, some legal
restraints, which might support his contrast of the boni mores of the
Germans to the bonae leges alibi--that is to say, at Rome, (de Moribus
Germanorum, c. 19.) Tertullian (ad Nationes, l. i. c. 15) refutes
his own charges, and those of his brethren, against the heathen
jurisprudence.]

[Footnote 114: The wise and humane sentence of the civilian Paul (l. ii.
Sententiarum in Pandect, 1. xxv. tit. iii. leg. 4) is represented as a
mere moral precept by Gerard Noodt, (Opp. tom. i. in Julius Paulus, p.
567--558, and Amica Responsio, p. 591-606,) who maintains the opinion of
Justus Lipsius, (Opp. tom. ii. p. 409, ad Belgas. cent. i. epist.
85,) and as a positive binding law by Bynkershoek, (de Jure occidendi
Liberos, Opp. tom. i. p. 318--340. Curae Secundae, p. 391--427.) In
a learned out angry controversy, the two friends deviated into the
opposite extremes.]

Experience has proved, that savages are the tyrants of the female sex,
and that the condition of women is usually softened by the refinements
of social life. In the hope of a r