第125章 BOOK XI(9)

Greater differences than there ought to be sometimes arise between fathers and sons,on the part either of fathers who will be of opinion that the legislator should enact that they may,if they wish,lawfully renounce their son by the proclamation of a herald in the face of the world,or of sons who think that they should be allowed to indict their fathers on the charge of imbecility when they are disabled by disease or old age.These things only happen,as a matter of fact,where the natures of men are utterly bad;for where only half is bad,as,for example,if the father be not bad,but the son be bad,or conversely,no great calamity is the result of such an amount of hatred as this.In another state,a son disowned by his father would not of necessity cease to be a citizen,but in our state,of which these are to be the laws,the disinherited must necessarily emigrate into another country,for no addition can be made even of a single family to the 5040households;and,therefore,he who deserves to suffer these things must be renounced not only by his father,who is a single person,but by the whole family,and what is done in these cases must be regulated by some such law as the following:-He who in the sad disorder of his soul has a mind,justly or unjustly,to expel from his family a son whom he has begotten and brought up,shall not lightly or at once execute his purpose;but first of all he shall collect together his own kinsmen extending to cousins,and in like manner his son's kinsmen by the mother's side,and in their presence he shall accuse his son,setting forth that he deserves at the hands of them all to be dismissed from the family;and the son shall be allowed to address them in a similar manner,and show that he does not deserve to suffer any of these things.And if the father persuades them,and obtains the suffrages of more than half of his kindred,exclusive of the father and mother and the offender himself-I say,if he obtains more than half the suffrages of all the other grown-up members of the family,of both sexes,the father shall be permitted to put away his son,but not otherwise.And if any other citizen is willing to adopt the son who is put away,no law shall hinder him;for the characters of young men are subject to many changes in the course of their lives.And if he has been put away,and in a period of ten years no one is willing to adopt him,let those who have the care of the superabundant population which is sent out into colonies,see to him,in order that he may be suitably provided for in the colony.And if disease or age or harshness of temper,or all these together,makes a man to be more out of his mind than the rest of the world are-but this is not observable,except to those who live with him-and he,being master of his property,is the ruin of the house,and his son doubts and hesitates about indicting his father for insanity,let the law in that case or,that he shall first of all go to the eldest guardians of the law and tell them of his father's misfortune,and they shall duly look into the matter,and take counsel as to whether he shall indict him or not.And if they advise him to proceed,they shall be both his witnesses and his advocates;and if the father is cast,he shall henceforth be incapable of ordering the least particular of his life;let him be as a child dwelling in the house for the remainder of his days.And if a man and his wife have an unfortunate incompatibility of temper,ten of the guardians of the law,who are impartial,and ten of the women who regulate marriages,shall look to the matter,and if they are able to reconcile them they shall be formally reconciled;but if their souls are too much tossed with passion,they shall endeavour to find other partners.Now they are not likely to have very gentle tempers;and,therefore,we must endeavour to associate with them deeper and softer natures.Those who have no children,or only a few,at the time of their separation,should choose their new partners with a view to the procreation of children;but those who have a sufficient number of children should separate and marry again in order that they may have some one to grow old with and that the pair may take care of one another in age.If a woman dies,leaving children,male or female,the law will advise rather than compel the husband to bring up the children without introducing into the house a stepmother.But if he have no children,then he shall be compelled to marry until he has begotten a sufficient number of sons to his family and to the state.And if a man dies leaving a sufficient number of children,the mother of his children shall remain with them and bring,them up.But if she appears to be too young to live virtuously without a husband,let her relations communicate with the women who superintend marriage,and let both together do what they think best in these matters;if there is a lack of children,let the choice be made with a view to having them;two children,one of either sex,shall be deemed sufficient in the eye of the law.When a child is admitted to be the offspring of certain parents and is acknowledged by them,but there is need of a decision as to which parent the child is to follow-in case a female slave have intercourse with a male slave,or with a freeman or freedman,the offspring shall always belong to the master of the female slave.Again,if a free woman have intercourse with a male slave,the offspring shall belong to the master of the slave;but if a child be born either of a slave by her master,or of his mistress by a slave-and this be provence offspring of the woman and its father shall be sent away by the women who superintend marriage into another country,and the guardians of the law shall send away the offspring of the man and its mother.