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the spirit of laws-第133章

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ege of being citizens; that they might possess a greater share of the corn sent them by the King of Egypt。 In fine; Aristotle informs us that in many cities where there was not a sufficient number of citizens; their bastards succeeded to their possessions; and that when there was a proper number; they did not inherit。'9'

7。 Of the Father's Consent to Marriage。 The consent of fathers is founded on their authority; that is; on the right of property。 It is also founded on their love; on their reason; and on the uncertainty of that of their children; whom youth confines in a state of ignorance and passion in a state of ebriety。

In the small republics; or singular institutions already mentioned; they might have laws which gave to magistrates that right of inspection over the marriages of the children of citizens which nature had already given to fathers。 The love of the public might there equal or surpass all other love。 Thus Plato would have marriages regulated by the magistrates: this the Laced?monian magistrates performed。

But in common institutions; fathers have the disposal of their children in marriage: their prudence in this respect is always supposed to be superior to that of a stranger。 Nature gives to fathers a desire of procuring successors to their children; when they have almost lost the desire of enjoyment themselves。 In the several degrees of progeniture; they see themselves insensibly advancing to a kind of immortality。 But what must be done; if oppression and avarice arise to such a height as to usurp all the authority of fathers? Let us hear what Thomas Gage says in regard to the conduct of the Spaniards in the West Indies。'10'

〃According to the number of the sons and daughters that are marriageable; the father's tribute is raised and increased; until they provide husbands and wives for their sons and daughters; who; as soon as they are married; are charged with tribute; which; that it may increase; they will suffer none above fifteen years of age to live unmarried。 Nay; the set time of marriage appointed for the Indians is at fourteen years for the man; and thirteen for the woman; alleging that they are sooner ripe for the fruit of wedlock; and sooner ripe in knowledge and malice; and strength for work and service; than any other people。 Nay; sometimes they force those to marry who are scarcely twelve and thirteen years of age; if they find them well…limbed and strong in body; explaining a point of one of the canons; which alloweth fourteen and fifteen years。 Nisi malitia suppleat ?tatem。〃

He saw a list of these taken。 It was; says he; a most shameful affair。 Thus in an action which ought to be the most free; the Indians are the greatest slaves。

8。 The same Subject continued。 In England the law is frequently abused by the daughters marrying according to their own fancy without consulting their parents。 This custom is; I am apt to imagine; more tolerated there than anywhere else from a consideration that as the laws have not established a monastic celibacy; the daughters have no other state to choose but that of marriage; and this they cannot refuse。 In France; on the contrary; young women have always the resource of celibacy; and therefore the law which ordains that they shall wait for the consent of their fathers may be more agreeable。 In this light the custom of Italy and Spain must be less rational; convents are there established; and yet they may marry without the consent of their fathers。

9。 Of young Women。 Young women who are conducted by marriage alone to liberty and pleasure; who have a mind which dares not think; a heart which dares not feel; eyes which dare not see; ears which dare not hear; who appear only to show themselves silly; condemned without intermission to trifles and precepts; have sufficient inducements to lead them on to marriage: it is the young men that want to be encouraged。

10。 What it is that determines Marriage。 Wherever a place is found in which two persons can live commodiously; there they enter into marriage。 Nature has a sufficient propensity to it; when unrestrained by the difficulty of subsistence。

A rising people increase and multiply extremely。 This is; because with them it would be a great inconvenience to live in celibacy; and none to have many children。 The contrary of which is the case when a nation is formed。

11。 Of the Severity of Government。 Men who have absolutely nothing; such as beggars; have many children。 This proceeds from their being in the case of a rising people: it costs the father nothing to give his heart to his offspring; who even in their infancy are the instruments of this art。 These people multiply in a rich or superstitious country; because they do not support the burden of society; but are themselves the burden。 But men who are poor; only because they live under a severe government; who regard their fields less as the source of their subsistence than as a cause of vexation; these men; I say; have few children: they have not even subsistence for themselves。 How then can they think of dividing it? They are unable to take care of their own persons when they are sick。 How then can they attend to the wants of creatures whose infancy is a continual sickness?

It is pretended by some who are apt to talk of things which they have never examined that the greater the poverty of the subjects; the more numerous their families: that the more they are loaded with taxes; the more industriously they endeavour to put themselves in a station in which they will be able to pay them: two sophisms; which have always destroyed and will for ever be the destruction of monarchies。

The severity of government may be carried to such an extreme as to make the natural sentiments destructive of the natural sentiments themselves。 Would the women of America have refused to bear children had their masters been less cruel?'11'

12。 Of the Number of Males and Females in different Countries。 I have already observed that there are born in Europe rather more boys than girls。'12' It has been remarked that in Japan there are born rather more girls than boys:'13' all things compared; there must be more fruitful women in Japan than in Europe; and consequently it must be more populous。

We are informed that at Bantam there are ten girls to one boy。'14' A disproportion like this must cause the number of families there to be to the number of those of other climates as 1 to 5 1/2 which is a prodigious difference。 Their families may be much larger indeed; but there must be few men in circumstances sufficient to provide for so large a family。

13。 Of Seaport Towns。 In seaport towns; where men expose themselves to a thousand dangers; and go abroad to live or die in distant climates; there are fewer men than women: and yet we see more children there than in other places。 This proceeds from the greater ease with which they procure the means of subsistence。 Perhaps even the oily parts of fish are more proper to furnish that matter which contributes to generation。 This may be one of the causes of the infinite number of people in Japan'15' and China;'16' where they live almost wholly on fish。'17' If this be the case; certain monastic rules; which oblige the monks to live
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