’Tis a ground and principle in the law, said _Triptolemus_, that things
do not ascend, but descend in it; and I make no doubt ’tis for this
cause, that however true it is, that the child may be of the blood and
seed of its parents----that the parents, nevertheless, are not of the
blood and seed of it; inasmuch as the parents are not begot by the
child, but the child by the parents --For so they write, _Liberi sunt de
sanguine patris & matris, sed pater & mater non sunt de sanguine
liberorum_.
----But this, _Triptolemus_, cried _Didius_, proves too much--for from
this authority cited it would follow, not only what indeed is granted on
all sides, that the mother is not of kin to her child--but the father
likewise. ----It is held, said _Triptolemus_, the better opinion;
because the father, the mother, and the child, though they be three
persons, yet are they but (_una caro_[4.13]) one flesh; and consequently
no degree of kindred----or any method of acquiring one _in nature_.
----There you push the argument again too far, cried _Didius_----for
there is no prohibition _in nature_, though there is in the Levitical
law----but that a man may beget a child upon his grandmother----in which
case, supposing the issue a daughter, she would stand in relation both
of ----But who ever thought, cried _Kysarcius_, of lying with his
grandmother? ------The young gentleman, replied _Yorick_, whom _Selden_
speaks of----who not only thought of it, but justified his intention to
his father by the argument drawn from the law of retaliation. --“You
lay, Sir, with my mother,” said the lad-- “why may not I lie with
yours?” ----’Tis the _Argumentum commune_, added _Yorick_. ----’Tis as
good, replied _Eugenius_, taking down his hat, as they deserve.
The company broke up.
[Footnote 4.10: Vide Swinburn on Testaments, Part 7, §8.]
[Footnote 4.11: Vide Brook, Abridg. Tit. Administr. N. 47.]
[Footnote 4.12: Mater non numeratur inter consanguineos, Bald.
in ult. C. de Verb. signific.]
[Footnote 4.13: Vide Brook, Abridg. tit. Administr. N. 47.]
CHAPTER XXX
--And pray, said my uncle _Toby_, leaning upon _Yorick_, as he and my
father were helping him leisurely down the stairs----don’t be terrified,
madam, this stair-case conversation is not so long as the last ----And
pray, _Yorick_, said my uncle _Toby_, which way is this said affair of
_Tristram_ at length settled by these learned men? Very satisfactorily,
replied _Yorick_; no mortal, Sir, has any concern with it----for Mrs.
_Shandy_ the mother is nothing at all a-kin to him----and as the
mother’s is the surest side ----Mr. _Shandy_, in course, is still less
than nothing ------In short, he is not as much a-kin to him, Sir, as I
am.----
----That may well be, said my father, shaking his head.
----Let the learned say what they will, there must certainly, quoth my
uncle _Toby_, have been some sort of consanguinity betwixt the duchess
of _Suffolk_ and her son.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account