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y。
3。 The influence of religion proceeds from its being believed； that of human laws from their being feared。 Antiquity accords with religion； because we have frequently a firmer belief in things in proportion to their distance； for we have no ideas annexed to them drawn from those times which can contradict them。 Human laws； on the contrary； receive advantage from their novelty； which implies the actual and particular attention of the legislator to put them in execution。
3。 Of civil Laws contrary to the Law of Nature。 If a slave； says Plato； defends himself； and kills a freeman； he ought to be treated as a parricide。＇1＇ This is a civil law which punishes self…defence； though dictated by nature。
The law of Henry VIII which condemned a man without being confronted by witnesses was contrary to self…defence。 In order to pass sentence of condemnation； it is necessary that the witnesses should know whether the man against whom they make their deposition is he whom they accuse； and that this man be at liberty to say； 〃I am not the person you mean。〃
The law passed during the same reign； which condemned every woman； who； having carried on a criminal commerce did not declare it to the king before she married him； violated the regard due to natural modesty。 It is as unreasonable to oblige a woman to make this declaration； as to oblige a man not to attempt the defence of his own life。
The law of Henry II which condemned the woman to death who lost her child； in case she did not make known her pregnancy to the magistrate； was not less contrary to self…defence。 It would have been sufficient to oblige her to inform one of her nearest relatives； who might watch over the preservation of the infant。
What other information could she give in this situation； so torturing to natural modesty？ Education has heightened the notion of preserving that modesty； and in those critical moments scarcely has she any idea remaining of the loss of life。
There has been much talk of a law in England which permitted girls seven years old to choose a husband。＇2＇ This law was shocking in two ways； it had no regard to the time when nature gives maturity to the understanding； nor to that in which she gives maturity to the body。
Among the Romans； a father might oblige his daughter to repudiate her husband； though he himself had consented to the marriage。＇3＇ But it is contrary to nature for a divorce to be in the power of a third person。
A divorce can be agreeable to nature only when it is by consent of the two parties； or at least of one of them； but when neither consents it is a monstrous separation。 In short； the power of divorce can be given only to those who feel the inconveniences of marriage； and who are sensible of the moment when it is for their interest to make them cease。
4。 The same Subject continued。 Gundebald； King of Burgundy； decreed that if the wife or son of a person guilty of robbery did not reveal the crime； they were to become slaves。＇4＇ This was contrary to nature： a wife to inform against her husband！ a son to accuse his father！ To avenge one criminal action； they ordained another still more criminal。
The law of Recessuinthus permits the children of the adulteress； or those of her husband； to accuse her； and to put the slaves of the house to the torture。＇5＇ How iniquitous the law which； to preserve a purity of morals overturns nature； the origin； the source of all morality！
With pleasure we behold in our theatres a young hero express as much horror against the discovery of his mother…in…law's guilt； as against the guilt itself。 In his surprise； though accused； judged； condemned； proscribed； and covered with infamy； he scarcely dares to reflect on the abominable blood whence Ph？dra sprang； he abandons the most tender object； all that is most dear； all that lies nearest his heart； all that can fill him with rage； to deliver himself up to the unmerited vengeance of the gods。 It is nature's voice； the sweetest of all sounds； that inspires us with this pleasure。
5。 Cases in which we may judge by the Principles of the civil Law in limiting the Principles of the Law of Nature。 An Athenian law obliged children to provide for their fathers when fallen into poverty；＇6＇ it excepted those who were born of a courtesan；＇7＇ those whose chastity had been infamously prostituted by their father； and those to whom he had not given any means of gaining a livelihood。＇8＇
The law considered that； in the first case； the father being uncertain； he had rendered the natural obligation precarious； that in the second； he had sullied the life he had given； and done the greatest injury he could do to his children in depriving them of their reputation； that in the third； he had rendered insupportable a life which had no means of subsistence。 The law suspended the natural obligation of children because the father had violated his； it looked upon the father and the son as no more than two citizens； and determined in respect to them only from civil and political views； ever considering that a good republic ought to have a particular regard to manners。 I am apt to think that Solon's law was a wise regulation in the first two cases； whether that in which nature has left the son in ignorance with regard to his father； or that in which she even seems to ordain he should not own him； but it cannot be approved with respect to the third； where the father had only violated a civil institution。
6。 That the Order of succession or Inheritance depends on the Principles of political or civil Law； and not on those of the Law of Nature。 The Voconian law ordained that no woman should be left heiress to an estate； not even if she had an only child。 Never was there a law； says St。 Augustine； more unjust。＇9＇ A formula of Marculfus treats that custom as impious which deprives daughters of the right of succeeding to the estate of their fathers。＇10＇ Justinian gives the appellation of barbarous to the right which the males had formerly of succeeding in prejudice to the daughters。＇11＇ These notions proceeded from their having considered the right of children to succeed to their father's possessions as a consequence of the law of nature； which it is not。
The law of nature ordains that fathers shall provide for their children； but it does not oblige them to make them their heirs。 The division of property； the laws of this division； and the succession after the death of the person who has had this division can be regulated only by the community； and consequently by political or civil laws。
True it is that a political or civil order frequently demands that children should succeed to their father's estate； but it does not always make this necessary。
There may be some reasons given why the laws of our fiefs appoint that the eldest of the males； or the nearest relatives of the male side； should have all； and the females nothing； and why； by the laws of the Lombards；＇12＇ the sisters； the natural children； the other relatives； and； in their default； the treasury might share the inheritance with the daughters。
It was regulated in some of the dynasties of China that the brothers of the emperor should succeed to the throne； and that the children should not。 If they were willing that the prince should have a certain degree of experience； if they feared his being too young； and if it had become necessary to prevent eunuchs from placing children successively on the throne； they might very justly establish a like order of succession； and when some writers have treated these brothers as usurpers； they have judged only by ideas received from the laws of their own countries。＇13＇
According to the custom of Numidia；＇14＇ Desalces； brother of Gala； succeeded to the kingdom； not Massinissa； his son。 And even to this day； among the Arabs in Barbary； where each village has its chief； they adhere to this ancient custom； by choosing the uncle； or some other relative to succeed。＇15＇
There are monarchies merely elective； and since it is evident that the order of succession ought to be derived from the political or civil laws； it is for these to decide in what cases it is agreeable to reason that the succession be granted to children； and in what cases it ought to be given to others。
In countries where polygamy is established； the prince has many children； and the number of them is much greater in some of these countries than in others。 There are states＇16＇ where it is impossible for the people to maintain the children of the king； they might therefore make it a law that the crown shall devolve； not on the king's children； but on those of his sister。
A prodigious number of children would expose the state to the most dreadful civil wars。 The order of succession which gives the crown to the children of the sister； the number of whom is not larger than those of a prince who has only one wife； must prevent these inconveniences。
There are people among whom reasons of state； or some maxims of religion； have made it necessary that the crown should be always fixed in a certain family： hence； in India； proceeds the jealousy of their tribes；＇17＇ and the fear of losing the descent； they have there conceived that never to want princes of the blood royal； they ought to take the children of