But that which appears opposed at once to reason, policy, and nature, is
the law which ordains that a woman, separated from her husband both in
person and estate, cannot take another husband, nor the husband another
wife. It is evident that a race is thereby lost; and if the separated
parties are both of a certain temperament, they are necessarily exposed
and rendered liable to sins for which the legislators ought to be
responsible to God, if--
The decretals of the popes have not always had in view what was suitable
to the good of estates, and of individuals. This same decretal of Pope
Gregory II., which permits bigamy in certain cases, denies conjugal
rights forever to the boys and girls, whom their parents have devoted to
the Church in their infancy. This law seems as barbarous as it is
unjust; at once annihilating posterity, and forcing the will of men
before they even possess a will. It is rendering the children the slaves
of a vow which they never made; it is to destroy natural liberty, and to
offend God and mankind.
The polygamy of Philip, landgrave of Hesse, in the Lutheran community,
in 1539, is well known. I knew a sovereign in Germany, who, after having
married a Lutheran, had permission from the pope to marry a Catholic,
and retained both his wives.
It is well known in England, that the chancellor Cowper married two
wives, who lived together in the same house in a state of concord which
did honor to all three. Many of the curious still possess the little
book which he composed in favor of polygamy.
We must distrust authors who relate, that in certain countries women are
allowed several husbands. Those who make laws everywhere are born with
too much self-love, are too jealous of their authority, and generally
possess a temperament too ardent in comparison with that of women, to
have instituted a jurisprudence of this nature. That which is opposed to
the general course of nature is very rarely true; but it is very common
for the more early travellers to mistake an abuse for a law.
The author of the "Spirit of Laws" asserts, that in the caste of Nairs,
on the coast of Malabar, a man can have only one wife, while a woman may
have several husbands. He cites doubtful authors, and above all Picard;
but it is impossible to speak of strange customs without having long
witnessed them; and if they are mentioned, it ought to be doubtingly;
but what lively spirit knows how to doubt?
"The lubricity of women," he observes, "is so great at Patan, the men
are constrained to adopt certain garniture, in order to be safe against
their amorous enterprises."
The president Montesquieu was never at Patan. Is not the remark of M.
Linguet judicious, who observes, that this story has been told by
travellers who were either deceived themselves, or who wished to laugh
at their readers? Let us be just, love truth, and judge by facts, not by
names.
_End of the Reflections on Polygamy._
Public-domain text, read in full here on John Shaqi.
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