of adultery cannot thereby be proved, yet these tokens and prefumptions are fufficient to diffolve the marriage.

"VI. Marriage is likewife diffolved, when one of the married perfons maliciously forfakes the other.

"VII. Marriage may likewife be diffolved when one of the fpoufes conceives an irreconcileable enmity against the other, and when one of the parties gives occafion for the enmity by abufing the other in a violent manner, by contracting the venereal difeafe, by attempting the life of the other, by committing crimes for which fuch spouses may be condemned to the wheel-barrow, to whipping, to death, to banishment, or to be branded with infamy, &c.

"VIII. If one of the spouses becoming furious or fatuous, fhould continue in that ftate for feveral years, and for that reafon the other petitioned for a diffolution of the marriage; especially if it were a woman, who on account of her commerce, or the state of her affairs, might have an indifpenfable need of a husband's affiftance: but in this cafe, the judge fhall take care that provision be made, above all things, for the maintenance of the fatuous perfon, &c."

These regulations, with fome few exceptions, appear to be no lefs wife than liberal. We are perfuaded, that many of the crimes and diforders of this kingdom arife from the utter incapacity which all, except the rich, lie under, of diffolving a connexion, which is become infupportable to two perfons, who mutually abhor each other: and Laws, which are only calculated for the relief of the rich, are against the principles of a free government.

There is likewife an admirable provifion in this Code, in favour of natural Right, which ordains, that "When the father's effects are confifcated, the Exchequer fhall be bound to portion his daughter, in proportion to the fortune confifcated, and according to the ftation of the bridegroom. And this, becaufe the obligation of portioning the daughter is annexed to the father's effects, and paffes with them to the Exchequer."

How much more agreeable to the Law of Nature and Reafon is this principle, than that of our Law in cafes of Confifcation, which is equally repugnant to the natural claims of juftice and freedom! But this is not the only inftance in which this Code is much more juft and liberal than ours. In the article concerning the action which lies for the ftatute portion,

portion, that is, the furviving right to half the effects common to the married parties, we find the following provifions.

"This action ufually cannot be intented till after the diffolution of the marriage. Here, however, are fome cafes, in which the portion in queftion may be exacted even during the marriage.

1.) When the husband's effects happen to be confifcated on account of a crime, and that even though it were for the crime of high treason.

"2.) When one of the spouses demands this portion, or a part of it, for the maintenance of a father or mother who have fallen into poverty.

"3.) When one of the fpoufes fquanders their fortune, and when it is to be dreaded that there will remain nothing for this portion, in which case the other spouse has a right to require furety."

Here we find that the law watches over the economy of individuals, co-operates with the tender feelings of filial affection, and faves the rights of innocence, even in cases of high treafon. Nor is the Pruffian Code lefs attentive to the moral duties; for it ordains, that "When, after the diffolution of marriage, a widow is irregular in her conduct, and fuffers herself to be debauched, the hufband's heirs may redemand the portion regulated by the ftatutes."

But what, above all, merits commendation in this Code, is the great attention by which it endeavours to fecure the property, and provide for the education of Minors, &c. The father, both by virtue of the paternal power, and on account of the nearness of relation, is obliged to take upon himself the adminiftration of the fortune which has fallen to his children.

"In order to take upon himself this administration, the father needs not be confirmed by the judge. Nevertheless our will is, that, for greater fafety and exactnefs, he shall notify, within fix weeks after the fucceffion, &c. falls, that he has taken upon himself to administer it; and that, at the fame time, he deliver to the judge a particular account of all the effects fallen to his children, which must be upon oath. If he neglect to do fo, he fhall be condemned in a fine of ten to twenty rix-dollars, and he may even, according to the circumftances, be deprived of the adminiftration of the effects, as well as of the ufufruct. Neither is it our will that he be reftored

2

reftored to that right, nor have any other remedy whatever against fuch judgment.

"The father, when he marries again, does not lofe the adminiftration of the fortune of his children; but he shall be fupported in it, provided he have fettled with them before he marry again.

"If he marry again without fettling with his children, he fhall not only be deprived of the adminiftration and ufufruct of their effects, but he shall be condemned in fome penalty.

"In cafe the father, whether he marry again or not, happen to diminish or fquander the 'fortune of his children, or not to give them fuitable maintenance, he fhould be bound to give furety, both for the fecurity of their effects, and for that of their fuitable maintenance; about which both the relations and the judge fhall be attentively watchful, and, if it be neceffary, he fhall regulate the fum proper to be laid out on their maintenance. If the father cannot give furety, or if his behaviour be fo vifibly bad, that there is reason to fear he may fquander their effects, the adminiftration fhall be taken from him, and even the care of the education of his children; and both fhall be intrufted by the judge to their nearest relations, or, according to circumstances, to ftrangers, who fhall be thought capable of the charge. Neither is it our will that the remedy against fuch judgments fhould have any other effect than that of an appeal*, which does not hinder immediate execution of the sentence.

"Moreover, the near relations, as well as the judge, fhall be intitled to take care that the father shall give a suitable maintenance to his children; and, in any cafe, the judge may determine a certain fum for that maintenance."

The Frederician Law does not only provide for the benefit of the Rich, but extends its views to the guardianship of the Poor. "If it happen that pupils be without parents, and without effects, they fhall not for that reafon be without guardians; but the judge shall take care, of his own accord, to appoint for them, and that within the space of four weeks at fartheft, reckoning from the death of the father and mother, a guardian, who fhall be charged with the care of their education, and to do all that is in his power to procure them a fettlement; but he fhall not be obliged to procure them

Quoad effectum devolutivum.

maintenance

maintenance out of his own money, the judge who has named him being to provide means for maintaining them."

"If the pupils be poor, and have not effects fufficient to afford them education, the guardians fhall not be obliged to afford it of their own; but they shall be bound to inform the judge of it, and to ask his advice concerning the method of providing for it and in this case our will is, that the judge endeavour to get them received into hofpitals, orphan-houses, &c. and that he bestow on them the care and attention which their fituation demands, fo as he can be anfwerable for it before God, and before us.

"Guardians fhall early fend their pupils to fchool, and shall take care that they go thither conftantly, and do not leave it of their own accord; they fhall take care that they be exercised and inftructed at home in piety, in prayer, in the catechifm, and especially in the frequent reading of the holy fcriptures: they fhall alfo take care that their pupils, when they fhall arrive at the years of difcretion, be received at the communion, and inftructed to communicate worthily; and they fhall further take care, that fuch as have been admitted to the communion do not neglect opportunities of receiving it.

"When among the pupils there are found excellent geniufes, and when, in the examination of the fchools, they fhall give ground to hope that they will fome time make confiderable progrefs in learning, our will is, that the guardians do not in any way diffuade them from applying to it, but that, on the contrary, they encourage them, and furnish the expence, if their fortune be fufficient: but if it be not fufficient, they shall apply to the magiftrate to get his advice and orders what they are to do.

"When these orphans have attained to the proper age for going to the univerfities, they shall be fent to fuch as are fettled in our dominions, and recommended to the profeffors, whom we ordain by thefe prefents, to take particular care of their behaviour. Guardians alfo fhall be obliged, as much as poffible, to take care, that, under pretext of study, they do not give up themselves to idleness, and accuftom themselves to an irregular courfe of life."-If our Laws were equally attentive to provide for the guardianfhip and education of infant poor, fo many would not live to perifh by the hands of

the executioner.

The

The remainder of this volume contains the Law with refpect to matters of property, which alfo makes the subject of the fecond, and is of too dry a nature to afford entertainment to our Readers in general. We must, however, take notice of the following regulations in regard to making Wills.

"We require, in the third place, in order to the validity of a folemn will, that it be made judicially, or presented in court. For, on account of the reafons alleged in the introduction to this fecond part, we have entirely abolished, by these presents, all private wills, which, till this time, were made before feven witneffes, moftly by ignorant notaries, or by minifters, by procurators, and by vagabonds unfkilled in the law.

"It is not neceffary that the will be made before the teftator's ordinary judge: all judges, who have a voluntary jurif diction, (voluntariam jurifdictionem), having a right to receive teftamentary fettlements from any perfon whatever.

"There must be three members of court, at least, prefent at the making or prefenting of wills.

"In places where there are regencies, our will is, that two counsellors be prefent at this act, with the protonotary, or fecretary.

"And, in great towns, two members of the magiftracy, who underftand law, fhall be prefent at this act, together with the fecretary, recorder, or clerk.

With regard to little towns, where there are none but the burgomafter who understand law, they fhall admit to this act a fenator of learning, if there be any, together with the fecretary of the town, or the recorder. But if the burgomafter do not understand the law, and there be no judge thereabouts, the burgomafter fhall admit a notary jointly with the fecretary of the town."

Thefe provifions are extremely well calculated to prevent hafty and unjuft difpofitions, which are often extorted by importunity, or gained by craft; and are likewife a fecurity against the fuppreffing of wills, by thofe who have an intereft in deftroying them.

But however we may applaud inftitutions, which ascertain private rights between fubject and fubject, and enforce the duties of morality, yet, when we confider how much is left to the difcretion of the judges, how much more ultimately depends