village (a). In Japan, where the people are remarkably fierce, female adultery is always punished with death. In Tonquin, a woman guilty of adultery is thrown to an elephant to be destroyed. By the law of Mofes, an adulterefs is punished with death, as also the adulterer (6). Margaret of Burgundy, Queen to Lewis Hutin King of France, was hanged for adultery; and her lovers were fleaed alive. Such were the favage manners of those times. There is an old law in Wales, that, for defiling the Prince's bed, the offender must pay a rod of pure gold, of the thickness of the finger of a ploughman who has ploughed nine years, and in length from the ground to the Prince's mouth when fitting.

Matrimony between a single pair, for mutual comfort, and for procreating children, implies the strictest mutual fidelity. Adultery, however, is a deeper crime in the wife than in the hufband : in him it may happen occafionally, with little or no alienation of affection; but the superior modefty of the female fex is fuch, that a

(a) Tacitus, De moribus Germanorum, Cap. 19. (b) Leviticus, xx. 10.

wife does not yield, till unlawful love prevails, not only over modefty, but over duty to her husband. Adultery, therefore, in the wife, is a breach of the matrimonial engagement in a double respect : it is an alienation of affection from the hufband, which unqualifies her to be his friend and companion; and it tends to bring a spurious iffue into the family, betraying the husband to maintain and educate children who are not his own.

The gradual advance of the female fex to an equality with the male fex, is visible in the laws of female fucceffion that have been established at different times, and in different countries. It is not probable that, in any country, women were early admitted to inherit land: they are too much defpifed among favages, for fo valuable a privilege. The fierceness and brutality of the ancient Romans in particular unqualified the women to be their companions : it never entered their thoughts that women should inherit land, which they cannot defend by the fword. But women came to be regarded in proportion as the national manners refined. The law prohibiting female fucceffion in land, efta

blished

blished in days of rufticity, was held to be rigorous and unjuft when the Romans were more polished. Proprietors of land, fuch of them as had no fons, were difpofed to evade the law, by ample provisions to their daughters, which rendered the land of little value to the collateral heirmale. To reform that abufe, as termed by those who adhered to ancient cuftoms, the lex Voconia was made, confining fuch provifions within moderate bounds and this regulation continued in force, till regard for the female fex broke through every legal restraint, and established female fucceffion in land, as formerly in moveables. The barbarous nations who crush

ed

* Juftinian, or more properly the lawyers employed by him upon that abfurd compilation the Pandects, is guilty of a grofs error, in teaching that, by the Twelve Tables, males and females of the fame degree fucceeded equally to land. The lex Voconia (explained in Alexandri ab Alexandro geniales dies, lib. 6. cap. 15.) vouches the contrary. And one cannot fee, without pain, Juftinian's error, not only adopted by an illustrious modern, but a caufe affigned for it fo refined and fubtile, as to go quite out of fight, L'efprit de loix, liv. 27: chap. 1. I venture to affirm, that fubtile reasoning never had any influence upon a rough and illiterate people;

ed the Roman power, were not late in adopting the mild manners of the conquered they admitted women to inherit land, and they exacted a double compofition for injuries done to them. By the Salic law among the Franks, women were exprefsly prohibited to inherit land but we learn from the forms of Marculfus, that this prohibition was in time eluded by the following folemnity. The man who wanted to put his daughter upon a footing with his fons, carried her before the commiffary, faying, "My dear child, an ancient "and impious cuftom bars a young woman from fucceeding to her father: but, as all my children are equally gi

66

ven me by God, I ought to love them

equally; therefore, my dear child, my "will is, that my effects fhall divide eyou and "qually between your brethren.” In polished states, women are not excluded from fucceeding even to the crown. Ruffia and Britain afford examples of wo

people; and therefore, at the time of the Decemvirs, who compofed the Twelve Tables of law, the fubtile caufe affigned by our author could not have been the motive, had the Decemvirs introduced female fuccef fion in land, which they certainly did not.

men

men capable to govern, in an absolute as well as in a limited monarchy *.

I

What I have faid regards those nations only where polygamy is prohibited. take it for granted, that women are not admitted to inherit land where polygamy is lawful they are not in fuch estimation as to be entitled to a privilege fo illuftri

ous.

The kingdom of Gurrah in Hindóftan was governed by Queen Dargoutté, eminent for fpirit and beauty. Small as that kingdom is, it contained about 70,000 towns and villages, the effect of long peace and profperity. Being invaded by Afaph Can, not many years ago, the Queen, mounted on an elephant, led her troops to battle. Her fon, Rajah Bier Shaw, being wounded in the heat of action, was by her orders carried from the field. That accident having occafioned a general panic, the Queen was left with but 300 horfemen. Adhar, who conducted her elephant, exhorted her to retire while it could be done with fafety. The heroine rejected the advice. "It is true," said fhe, we are overcome in battle; but not in honour. "Shall I, for a lingering ignominious life, lofe a re"putation that has been my chief study! Let your

gratitude repay now the obligations you owe me : "pull out your dagger, and fave me from flavery, by "putting an end to my life." The kingdom of Agonna in Guinea was governed by a Queen when Bof

man wrote.

Among