Front Page Titles (by Subject) CHAP. XXVI.: The same Subject continued. - Complete Works, vol. 1 The Spirit of Laws
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CHAP. XXVI.: The same Subject continued. - Charles Louis de Secondat, Baron de Montesquieu, Complete Works, vol. 1 The Spirit of Laws 
The Complete Works of M. de Montesquieu (London: T. Evans, 1777), 4 vols. Vol. 1.
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The same Subject continued.
THE law∥ of Theodosius and Valentinian drew the causes of repudiation from the ancient manners§ and customs of the Romans. It placed in the number of these causes the behaviour of the husband¶ who beat his wife in a manner that disgraced the character of a freeborn woman. This cause was omitted in the following laws* ; for their manners, in this respect, had undergone a change; the eastern customs having banished those of Europe. The first eunuch of the empress, wife to Justinian II. threatened her, says the historian, to chastise her in the same manner as children are punished at school. Nothing but established manners, or those which they were seeking to establish, could raise even an idea of this kind.
We have seen how the laws follow the manners of a people; let us now observe how the manners follow the laws.
[∥ ]Leg. 8. cod. de repudiis.
[§ ]And the law of the 12 tables. See Cicero’s 2d Philippic.
[¶ ]Si verberibus, quæ ingenuis aliena sunt, afficientens probaverit.
[* ]In Nov. 117. c. 14.