The Spirit Of Laws Part 18

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The Spirit Of Laws



The Spirit Of Laws Part 18


3 It is an ancient custom in Algiers for the father of a family to have a treasure concealed in the earth.-"History of the Kingdom of Algiers," by Laugier de Ta.s.sis.

4 Caesar on the "Civil War," book III.

5 Tacitus, lib. VI.

6 "The Laws of the Saxons," chap. xviii.

7 See chap. 12 of this book.




8 Supposing a mark of eight ounces of silver to be worth forty-nine livres, and copper twenty sols per pound.

9 "History of the Civil Wars of the Spaniards in the West Indies."

10 In France, Law's project was called by this name.

11 "History of the Church," by Socrates, lib. II.

12 The Dutch regulate the exchange for almost all Europe, by a kind of determination among themselves, in a manner most agreeable to their own interests. In point of fact, however, if the Dutch undertook to regulate exchange for all Europe, it would be done in a manner most advantageous to themselves, which would not be permitted; and experience further contradicts Montesquieu's statement.-Ed.

13 There is much specie in a place when there is more specie than paper; there is little when there is more paper than specie.

14 With the expenses of carriage and insurance deducted.

15 In 1744.

16 See book XX. cha. xxi.

17 Plinny's "natural History." lib. x.x.xIII. art. 13.

18 Pliny's "Natural History," lib. x.x.xIII. art. 13.

19 They received ten ounces of copper for twenty.

20 They received sixteen ounces of copper for twenty.

21 Pliny, lib. x.x.xIII. art. 5.

22 Freinshemius, lib. V. of the 2d decad.

23 Ibid. They struck also, says the same author, half-denarii, called quinarii; and quarters, called sesterces.

24 An eighth, according to Budaeus; according to other authors, a seventh.

25 Pliny's "Nat. Hist." lib. x.x.xIII. art. 13.

26 Ibid.

27 See Father Joubert's "Science of Medals," Paris edit. of 1739, p. 59.

28 "Extract of Virtues and Vices."

29 See "Savote," part II. chap. xii., and "Le Journal des Savants" of the 28th of July, on a discovery of fifty thousand medals.

30 See "Savote," ibid.

31 Ibid.

32 Chap. 16.

33 Elizabeth, daughter of Peter I.Ed.

34 The mistake here is apparent, bankers and money-changers being by no means identical.-Ed.

35 England.

36 We do not speak here of gold and silver considered as a merchandise.

37 Cicero a.s.sures us that in his day money was lent at Rome at thirty-four per cent., and forty-eight per cent. in the country.-Ed.

38 Tacit. "Annal." lib. VI.

39 Usury and interest among the Romans signified the same thing.

40 See Dionysius Halicarna.s.sus, who has described it so well.

41 "Usurae semisses, trientes, quadrantes." See the several t.i.tles of the digests and codes on usury, and especially the I7th law, with the note ff. "de Usuris."

42 See Appius's speech on this subject, in Dionysius Halicarna.s.sus.

43 "Annal." lib. VI.

44 In the year of Rome 379.-t.i.t. Liv. lib. VI.

45 "Unciaria usura."-t.i.t. Liv. lib. VII. See the "Defence of the Spirit of Laws," article" Usury."

46 "Annal." lib. VI.

47 Under the consulate of L. Manlius Torquatus and C. Plautius, according to T. Liv. lib. VII. This is the law mentioned by Tacitus, "Annal." lib. VI.

48 "Semiunciaria usura."

49 As Tacitus says, "Annal." lib. VI.

50 This law was pa.s.sed at the instance of M. Genucius, Tribune of the people.-t.i.t. Liv. lib. VII., towards the end.

51 "Verteri jam more fnus receptum erat."-Appian "on the Civil War," lib. I.

52 "Permisit eos legibus agere."-Appian "on the Civil War," lib. I.; and the "Epitome" of Livy, lib. LXIV.

53 In the year of Rome 663.

54 Book XI. chap. 19.

55 "Letters to Atticus," lib. V. ep. 21.

56 Livy.

57 Ibid.

58 In the year 559 of Rome. See Livy.

59 "Annal." lib. VI.

60 In the year 615 of Rome.

61 See "Cicero to Atticus," lib. IV. ep. 15 and 16.

62 "Cicero to Atticus," lib. VI. ep. 10.

63 Pompey having lent 600 talents to King Ariobarzanes, made that prince pay him thirty Attic talents every thirty days.-"Cic. ad Att." lib. III. ep. 21, lib. VI. ep. II.

64 "Ut neque Salaminiis, neque cui eis dedisset, fraudi esset."-Ibid.

65 Cicero's edict fixed it to one per cent. a month, with interest upon interest at the expiration of the year. With regard to the farmers of the republic, he engaged them to grant a respite to their debtors; if the latter did not pay at the time fixed, he awarded the interest mentioned in the bond.-"Cic. ad Att." lib. VI. ep. I.

66 See what Lucretius says, in the "21st letter to Atticus," lib. V. There was even a general senatus-consultum, to fix the rate of interest at one per cent. per month. See the same letter.

67 Leg. 12 ff. "de verb. signif."

Book XXIII

Of Laws in the Relation They Bear to the Number of Inhabitants 1.-Of Men and Animals with respect to the Multiplication of their Species "Delight of human kind,1 and G.o.ds above;

Parent of Rome, propitious Queen of Love;

For when the rising spring adorns the mead,

And a new scene of nature stands display'd;

When teeming buds, and cheerful greens appear,

And western gales unlock the lazy year;

The joyous birds thy welcome first express,

Whose native songs thy genial fire confess:

Then savage beasts bound o'er their slighted food,

Struck with thy darts, and tempt the raging flood:






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