友情提示:如果本网页打开太慢或显示不完整,请尝试鼠标右键“刷新”本网页!阅读过程发现任何错误请告诉我们,谢谢!! 报告错误
九色书籍 返回本书目录 我的书架 我的书签 TXT全本下载 进入书吧 加入书签

the spirit of laws-第107章

按键盘上方向键 ← 或 → 可快速上下翻页,按键盘上的 Enter 键可回到本书目录页,按键盘上方向键 ↑ 可回到本页顶部!
————未阅读完?加入书签已便下次继续阅读!



eived of its perfection。 From the first proceeded those laws which gave such authority to bishops; and which have been the foundation of the ecclesiastical jurisdiction; hence those laws which weakened paternal authority'102' by depriving the father of his property in the possessions of his children。 To extend a new religion; they were obliged to take away the dependence of children; who are always least attached to what is already established。

The laws made with a view to Christian perfection were more particularly those by which the penalties of the Papian laws were abolished; the unmarried were equally exempted from them; with those who; being married; had no children。

〃These laws were established;〃 says an ecclesiastical historian;'103' 〃as if the multiplication of human species was an effect of our care; instead of being sensible that the number is increased or diminished according to the order of Providence。〃

Principles of religion have had an extraordinary influence on the propagation of the human species。 Sometimes they have promoted it; as among the Jews; the Mahometans; the Gaurs; and the Chinese; at others they have put a damp to it; as was the case of the Romans upon their conversion to Christianity。

They everywhere incessantly preached continency; a virtue the more perfect because in its own nature it can be practised but by very few。

Constantine had not taken away the decimal laws which granted a greater extent to the donations between man and wife; in proportion to the number of their children。 Theodosius; the younger; abrogated even these laws。'104'

Justinian declared all those marriages valid which had been prohibited by the Papian laws。'105' These laws required people to marry again: Justinian granted privileges to those who did not marry again。'106'

By the ancient institutions; the natural right which every one had to marry and beget children could not be taken away。 Thus when they received a legacy;'107' on condition of not marrying; or when a patron made his freedman swear'108' that he would neither marry nor beget children; the Papian law annulled both the condition and the oath。'109' The clauses on continuing in widowhood established among us contradict the ancient law; and descend from the constitutions of the emperors; founded on ideas of perfection。

There is no law that contains an express abrogation of the privileges and honours which the Romans had granted to marriages; and to a number of children。 But where celibacy had the pre…eminence; marriage could not be held in honour; and since they could oblige the officers of the public revenue to renounce so many advantages by the abolition of the penalties; it is easy to perceive that with yet greater ease they might put a stop to the rewards。

The same spiritual reason which had permitted celibacy soon imposed it even as necessary。 God forbid that I should here speak against celibacy as adopted by religion; but who can be silent when it is built on libertinism; when the two sexes; corrupting each other even by the natural sensations themselves; fly from a union which ought to make them better; to live in that which always renders them worse?

It is a rule drawn from nature; that the more the number of marriages is diminished; the more corrupt are those who have entered into that state; the fewer married men; the less fidelity is there in marriage; as when there are more thieves; more thefts are committed。

22。 Of the Exposing of Children。 The Roman policy was very good in respect to the exposing of children。 Romulus; says Dionysius Halicarnassus;'110' laid the citizens under an obligation to educate all their male children; and the eldest of their daughters。 If the infants were deformed and monstrous; he permitted the exposing them; after having shown them to five of their nearest neighbours。

Romulus did not suffer them to kill any infants under three years old:'111' by which means he reconciled the law that gave to fathers the right over their children of life and death with that which prohibited their being exposed。

We find also in Dionysius Halicarnassus'112' that the law which obliged the citizens to marry; and to educate all their children; was in force in the 277th year of Rome; we see that custom had restrained the law of Romulus which permitted them to expose their younger daughters。

We have no knowledge of what the law of the Twelve Tables (made in the year of Rome 301) appointed with respect to the exposing of children; except from a passage of Cicero;'113' who; speaking of the office of tribune of the people; says that soon after its birth; like the monstrous infant of the law of the Twelve Tables; it was stifled; the infant that was not monstrous was therefore preserved; and the law of the Twelve Tables made no alteration in the preceding institutions。

〃The Germans;〃 says Tacitus;'114' 〃never expose their children; among them the best manners have more force than in other places the best laws。〃 The Romans had therefore laws against this custom; and yet they did not follow them。 We find no Roman law that permitted the exposing of children;'115' this was; without doubt; an abuse introduced towards the decline of the republic; when luxury robbed them of their freedom; when wealth divided was called poverty; when the father believed that all was lost which he gave to his family; and when this family was distinct from his property。

23。 Of the State of the World after the Destruction of the Romans。 The regulations made by the Romans to increase the number of their citizens had their effect while the republic; in the full vigour of her constitution; had nothing to repair but the losses she sustained by her courage; by her intrepidity; by her firmness; her love of glory and of virtue。 But soon the wisest laws could not re…establish what a dying republic; what a general anarchy; what a military government; what a rigid empire; what a proud despotic power; what a feeble monarchy; what a stupid; weak; and superstitious court had successively pulled down。 It might; indeed; be said that they conquered the world only to weaken it; and to deliver it up defenceless to barbarians。 The Gothic nations; the Getes; the Saracens and Tartars by turns harassed them; and soon the barbarians had none to destroy but barbarians。 Thus; in fabulous times; after the inundations and the deluge; there arose out of the earth armed men; who exterminated one another。

24。 The Changes which happened in Europe with regard to the Number of the Inhabitants。 In the state Europe was in one would not imagine it possible for it to be retrieved; especially when under Charlemagne it formed only one vast empire。 But by the nature of government at that time it became divided into an infinite number of petty sovereignties; and as the lord or sovereign; who resided in his village or city; was neither great; rich; powerful; nor even safe but by the number of his subjects; every one employed himself with a singular attention to make his little country flourish。 This succeeded in such a manner that notwithstanding the irregularities of government; the want of that knowledge which has since been acquired in commerce; and the numerous wars and disorders incessantly arising; most countries of Europe were better peopled in those clays than they are even at present。

I have not time to treat fully of this subject; but I shall cite the prodigious armies engaged in the Crusades; composed of men of all countries。 Puffendorf says that in the reign of Charles IX there were in France twenty millions of men。

It is the perpetual reunion of many little states that has produced this diminution。 Formerly; every village of France was a capital; there is at present only one large one。 Every part of the state was a centre of power; at present all has a relation to one centre; and this centre is in some measure the state itself。

25。 The same Subject continued。 Europe; it is true; has for these two ages past greatly increased its navigation; this has both procured and deprived it of inhabitants。 Holland sends every year a great number of mariners to the Indies; of whom not above two…thirds return; the rest either perish or settle in the Indies。 The same thing must happen to every other nation concerned in that trade。

We must not judge of Europe as of a particular state engaged alone in an extensive navigation。 This state would increase in people; because all the neighbouring nations would endeavour to have ashare in this commerce; and mariners would arrive from all parts。 Europe; separated from the rest of the world by religion;'116' by vast seas and deserts; cannot be repaired in this manner。

26。 Consequences。 From all this we may conclude that Europe is at present in a condition to require laws to be made in favour of the propagation of the human species。 The politics of the ancient Greeks incessantly complain of the inconveniences attending a republic; from the excessive number of citizens; but the politics of this age call upon us to take proper means to increase ours。

27。 Of the Law made in France to encourage the Propagation of the Species。 Louis XIV appointed particular pensions to those who had ten children; and much larger to such as had twelve。'117' But
返回目录 上一页 下一页 回到顶部 0 0
未阅读完?加入书签已便下次继续阅读!
温馨提示: 温看小说的同时发表评论,说出自己的看法和其它小伙伴们分享也不错哦!发表书评还可以获得积分和经验奖励,认真写原创书评 被采纳为精评可以获得大量金币、积分和经验奖励哦!