The Essays of Montaigne [259]
The pleasant dialogue betwixt Plato's legislator and his citizens will be an ornament to this place, "What," said they, feeling themselves about to die, "may we not dispose of our own to whom we please? God! what cruelty that it shall not be lawful for us, according as we have been served and attended in our sickness, in our old age, in our affairs, to give more or less to those whom we have found most diligent about us, at our own fancy and discretion!" To which the legislator answers thus:
"My friends, who are now, without question, very soon to die, it is hard for you in the condition you are, either to know yourselves, or what is yours, according to the delphic inscription. I, who make the laws, am of opinion, that you neither are yourselves your own, nor is that yours of which you are possessed. Both your goods and you belong to your families, as well those past as those to come; but, further, both your family and goods much more appertain to the public. Wherefore, lest any flatterer in your old age or in your sickness, or any passion of your own, should unseasonably prevail with you to make an unjust will, I shall take care to prevent that inconvenience; but, having respect both to the universal interests of the city and that of your particular family, I shall establish laws, and make it by good reasons appear, that private convenience ought to give place to the common benefit. Go then cheerfully where human necessity calls you. It is for me, who regard no more the one thing than the other, and who, as much as in me lies, am provident of the public interest, to have a care as to what you leave behind you."
To return to my subject: it appears to me that women are very rarely born, to whom the prerogative over men, the maternal and natural excepted, is in any sort due, unless it be for the punishment of such, as in some amorous fever have voluntarily submitted themselves to them: but that in no way concerns the old ones, of whom we are now speaking. This consideration it is which has made us so willingly to enact and give force to that law, which was never yet seen by any one, by which women are excluded the succession to our crown: and there is hardly a government in the world where it is not pleaded, as it is here, by the probability of reason that authorises it, though fortune has given it more credit in some places than in others. 'Tis dangerous to leave the disposal of our succession to their judgment, according to the choice they shall make of children, which is often fantastic and unjust; for the irregular appetites and depraved tastes they have during the time of their being with child, they have at all other times in the mind. We commonly see them fond of the most weak, ricketty, and deformed children; or of those, if they have such, as are still hanging at the breast. For, not having sufficient force of reason to choose and embrace that which is most worthy, they the more willingly