Page:Montesquieu - The spirit of laws.djvu/424

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
372
THE SPIRIT

Book XVI.
Chap. 15.
When wives are confined in a seraglio, the husband ought not to repudiate on account of an opposition of manners; it is the husband's fault if their manners are incompatible.

Repudiation because of the barrenness of the woman, ought never to take place but where there is only one wife; when there are many, this is of no importance to the husband.

A law of the Maldivians[1] permitted them to take again a wife whom they had repudiated. A law O f Mexico[2] forbad their being reunited under pain of death. The law of Mexico was more rational than that of the Maldivians: at the time even s of the dissolution, it attended to the perpetuity of marriage; instead of this, the law of the Maldivians seemed equally to sport with marriage and repudiation.

The law of Mexico admitted only of divorce. This was a particular reason for their not permitting those who were voluntarily separated, to be ever reunited. Repudiation seems chiefly to proceed from a hastiness of temper, and from the dictates of some of the passions; while divorce appears to be an affair of deliberation.

Divorces are frequently of great political use; but as to the civil utility they are established only for the advantage of the husband and wife, and are not always favourable to their children.

  1. They took them again preferably to any other, because, in this case, there was less expence, Pirard's Travels.
  2. Hist. of the conquest of Mexico by Solis, p. 499.
CHAP.