Page:Montesquieu - The spirit of laws.djvu/123

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OF LAWS.
71

Book V.
Chap. 7.
them. But at Athens a rich man would be highly displeased, to be thought dependent on the magistrate.

Paternal authority is likewise of great use to wards the preservation of morals. We have already observed, that in a republic there is not so coercive a force as in other governments. The laws must therefore endeavour to supply this deficiency by some means or other; and this is done by paternal authority.

Fathers at Rome had the power of life and death over their children[1]. At Sparta every father had a right to correct another man's child.

Paternal authority ended at Rome together with the republic. In monarchies where such a purity of morals is not required, they are controlled by no other authority than that of the magistrates.

The Roman laws which accustomed young people to dependance, established a long minority. Perhaps we are mistaken in conforming to this custom; there is no necessity for so much constraint in monarchies.

This very subordination in a republic might make it necessary for the father to continue in the possession of his children's fortune during life, as was the custom at Rome. But this is not agreeable to the spirit of monarchy.

  1. We may see in the Roman history, how useful this power was to the republic. I shall give an instance even in the time of its greatest corruption. Aulus Fulvius was set out on his journey in order to join Catiline; his father called him back, and put him to death. Sallust de bello Catil.
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