CHAP. XI.: In what Manner the Institutions changed at Rome together with the Government.

AS manners were supposed by the domestic tribunal, they were also supposed by the public accusation: and hence it is that these two things fell together with the public manners, and ended with the republic Judicio de moribus (quod antea quidem in antiquis legibus pofitum erat, non autem frequentabatur) penitus abolito, leg. 11. Cod. de repud. ^†227.

The establishing of perpetual questions, that is, the division of jurisdiction among the prætors, and the custom, gradually introduced, of the prætors determining all causes themselves Judicia extraordinaria. ^†228, weakened the use of the domestic tribunal. This appears by the surprize of historians, who look upon the decisions, which Tiberius caused to be given by this tribunal, as singular facts, and as a renewal of the ancient course of pleading.

The establishment of monarchy and the change of manners put, likewise, an end to public accusations. It might be apprehended, lest a dishonest man, affronted at the slight shewn him by a woman, vexed at her refusal, and irritated even by her virtue, should form a design to destroy her. The Julian law ordained, that a woman should not be accused of adultery till after her husband had been charged with favouring her irregularities; which limited greatly, and annihilated, as it were, this sort of accusation It was entirely abolished by Constantine. “It is a shame, said be, that settled marriages should be disturbed by the presumption of strangers.” ^†229.

Sixtus Quintus seemed to have been desirous of reviving the public accusation Sixtus Quintus ordained, that, if a husband did not come and make his complaint to him of his wife’s infidelity, he should be put to death. See Leti. ^†230. But there needs very little reflection to see that this law would be more improper in such a monarchy as his than in any other.