The Spirit of the Laws :: :: University of Virginia Library

That effect which in certain countries of the East springs from physical causes was produced in Greece by the nature of the government. The Greeks were a great nation, composed of cities, each of which had a distinct government and separate laws. They had no more the spirit of conquest and ambition than those of Switzerland, Holland, and Germany have at this day. In every republic the legislator had in view the happiness of the citizens at home, and their power abroad, lest it should prove inferior to that of the neighbouring cities. [22] Thus, with the enjoyment of a small territory and great happiness, it was easy for the number of the citizens to increase to such a degree as to become burdensome. This obliged them incessantly to send out colonies, [23] and, as the Swiss do now, to let their men out to war. Nothing was neglected that could hinder the too great multiplication of children.

They had among them republics, whose constitution was very remarkable. The nations they had subdued were obliged to provide subsistence for the citizens. The Lacedmonians were fed by the Helotes, the Cretans by the Periecians, and the Thessalians by the Penestes. They were obliged to have only a certain number of freemen, that their slaves might be able to furnish them with subsistence. It is a received maxim in our days, that it is necessary to limit the number of regular troops: now the Lacedmonians were an army maintained by the peasants: it was proper, therefore, that this army should be limited; without this the freemen, who had all the advantages of society, would increase beyond number, and the labourers be overloaded.

The politics of the Greeks were particularly employed in regulating the number of citizens. Plato fixes them at five thousand and forty, [24] and he would have them stop or encourage propagation, as was most convenient, by honours, shame, and the advice of the old men; he would even regulate the number of marriages in such a manner that the republic might be recruited without being overcharged. [25]

If the laws of a country, says Aristotle, forbid the exposing of children, the number of those brought forth ought to be limited. [26] If they have more than the number prescribed by law, he advises to make the women miscarry before the foetus be formed. [27]

The same author mentions the infamous means made use of by the Cretans to prevent their having too great a number of children — a proceeding too indecent to repeat.

There are places, says Aristotle again [28] where the laws give the privilege of being citizens to strangers, or to bastards, or to those whose mothers only are citizens; but as soon as they have a sufficient number of people this privilege ceases. The savages of Canada burn their prisoners; but when they have empty cottages to give them, they receive them into their nation.

Sir William Petty, in his calculations, supposes that a man in England is worth what he would sell for at Algiers. [29] This can be true only with respect to England. There are countries where a man is worth nothing; there are others where he is worth less than nothing.

Footnotes

[22]

In valour, discipline, and military exercises.

[23]

The Gauls, who were in the same circumstances, acted in the same manner.

[24]

"Laws," lib. v.

[25]

"Republic," lib. v.

[26]

"Politics," lib. vii, cap. 16.

[27]

Ibid.

[28]

Ibid., iii. 5.

[29]

Sixty pounds sterling.