616 Retrofpedi of French 
cording to the rules of proportion, thofe 
who preceded him have not exhibited 
more virtues, and confequently have not 
enjoyed more happinefs, than himfelf.” 
M. Berriat now recurs to his authori- 
ties. The Prefident de Valbonnais, we 
are told, in his Treatife on Criminal Juf- 
tice during the time of the Dauphins, con- 
tained ia his third difcourfe on the hiitory 
ef Dauphiny, has contented himfelf with 
a bare recital of the text. The manu- 
fcript of Thomaflin alfo contains an au- 
thentic fummary of the ordonnances pub- 
lifhed at Vienne, during half a century, by 
the Dauphins and the Archbifhops, who 
were joint lords of that city. 
It is remarked that the moft common 
crime in our days is theft, or an attempt 
againft property, either dire&t or indire&t. 
It is alfo that {pecific offence which is moft 
commonly noticed during the time of the 
Dauphins ; but it generally had a different 
object. At prefent, according to M. 
Berriat, malefactors endeavour rather to 
enrich themfelves than to fatisty the wants 
ef a moment ; and the tribunals (a fubject 
on which he has confulted the magiftrates, ) 
are now le{s frequently called upon to pu- 
nifh thofe delinquencies calculated to fa- 
tisfy famine, or lefien the effects of the in- 
temperance of the elements, than to re. 
prefs delinquencies of another kind, and a 
higher import in refpeét to value. He 
deduces a number of very confolatory 
confequences from this circumftance, of 
which it may be fufficient merely to men- 
tion one; viz., That in addition to much 
greater enjoyments, the moderns alfo pof- - 
fefs far greater refources in refpect to fub- 
fiftence ; and as the article of fubfiftence 
is the firft and moft imperious of the 
wants of man, that which aboveall cthers 
he is called upon to fatisfy, it is evident 
that the moderns are mote happy than the 
men of the feudal ages. 
ARTICLE I. OF THE LAWS OF THE 
POLICE. 
The objec of the police is to prevent 
and punifh the offences which trench in a 
fmall degree on the furety of perfons and 
property. It is divided, in proportion to 
the lightnefs or the gravity of the delin- 
quencies, into the police fimpie and the 
‘police correétional, accerding to the claf- 
fificaticn of the legiflative aflembly. But 
the fame fpecies of offence may be conh-. 
dered as either correGtional or criminal, 
according to the gravity of the cafe. 
1. Of Simple Police. 
At the head of thofe off-nces againf the 
police of cities and great towns may be 
Literature.—Hiftory. 
placed thofe which refpe& the health of 
the community. It was accordingly pro- 
hibited by the ordonnances of Vienne, 
1. To exercife the proteffion of medi- 
cine or praétife furgery without the ap- 
probation of the Court of Accounts. 
2..To fell unhealthy animals ; and 
3. Meat that was tainted. 
In refpe& to perfonal fafety, there was 
a prohibition to carry arms, and an in- 
junction to every_one to fuccour his neigh- 
bour when attacked. Hogs were inter- 
dicted. from ftraying in the roads or 
ftreets ; the fale of candles made of bad 
wax was punifhed ; falfe weights and mea- 
fures produced the confifcation of the 
merchandife offered for fale, &c. 
2. Of Rural Police. 
‘It was prohibited, 
1. To allow any beafis to enter the 
property of another perfon, under the pe- 
nalty of a piece of money per head. 
‘2. To trouble any one in the enjoyment 
of his poffeffions ; if with arms, under 
the penalty of fix livres ; and if without 
arms, of fixty fous. 
3- Every individual was to repair the 
roads as far as his own property fhould 
extend. 
ARTICLE Il. OF CORRECTIONAL AND 
‘ CRIMINAL LEGISLATION, 
5. Of Concubinage. 
1. Women of bad lives were prohibit- 
ed from living ‘in or frequenting the pub- 
lic roads: ¢* Ut nulle meretrices et femings 
diffamate,’? &c. 
2. The judges were to prevent married 
women from openly frequenting the pab- 
lic Kews ; ‘* Non permittant neque fuftt- 
neant morari mulierem uxoratam in profti- 
bulo feu bordello,’ &c. 
2. Of Adultery. 
‘¢ The preceding ordonnances (fays the 
author,) fuppole faéts very contrary to 
. the opinion which allies wifdom with fim- 
plicity of manners. The records we are 
‘now about to quote prefuppofe others 
fill more deftruttive of this fentiment. 
Who would fuppofe that in thofe pure 
times it had become neceflary to enact 
a variety of laws for the purpofe of re- 
firaining not only adultery, but even rape ? 
and this too in places the population of 
which was comparatively very moderate, 
more efpecially when we confider too that 
in all ages the morals have been more re- 
ferved in the country than in cities. This 
multiplicity of adulteries infersa great de. 
gree of depravity at a period when debau- 
chery and concubdinage enjoyed fuch tole- 
ration. It is well known that an illegi- 
4: timate « 
