feudal laws—that type of government which was unknown to all of antiquity, which will perhaps be unknown forever to future ages, and which did so much good and so much harm. He especially discusses these laws in their relationship to the establishment and the revolutions of the French monarchy. He proves, against Abbé Du Bos,42 that the Franks truly entered as conquerors into Gaul, and that it is not true, as that author claims, that they had been called by the people to succeed to the rights of the Roman emperors who were oppressing them. He does so in detail that is profound, exact, and remarkable, though it is impossible for us to follow it here, and in any case, its principal points will be found scattered throughout different parts of this dictionary, in related articles.
Such is a general analysis—though very imperfect and ill-formed—of the work of M. de Montesquieu; we have separated it from the rest of his eulogy in order not to interrupt the order of our account too much.
[D’Alembert completes his obituary, emphasizing the criticisms of The Spirit of the Laws and Montesquieu’s response; along the way, he cites a brief notice that occurred in the English newspaper the Evening Post, which it seemed appropriate to include here as it appears in d’Alembert’s text, in English. It is at 5:xvi.]
On the 10th of this month, died at Paris, universally and sincerely regretted, Charles Secondat, Baron of Montesquieu, and President a mortier of the Parliament of Bourdeaux. His virtues did honour to human nature, his writings justice. A friend to mankind, he asserted their undoubted and inalienable rights with freedom, even in his own country, whose prejudices in matters of religion and government [it must be remembered that it is an Englishman who is speaking]43 he had long lamented, and endeavoured (not without some success) to remove. He well knew, and justly admired the happy constitution of this country, where fix’d and known Laws equally restrain monarchy from Tyranny, and liberty from licentiousness. His Works will illustrate his name, and
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survive him, as long as right reason, moral obligation, and the true spirit of laws, shall be understood, respected and maintained.
[D’Alembert finishes the eulogy in the following way.]
Death prevented him from giving us any further benefits. And combining our own regrets with those of all Europe, we might write on his tomb: Finis vitae ejus nobis luctuosus, Patriae tristis, extraneis etiam ignotisque non sine curâ fuit.44
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Child †
Contemporary political criticism of the Encyclopédie included the claim that its authors were undermining paternal authority. See especially Jaucourt’s article GOVERNMENT, below. The present article was also criticized for its political implications.1
CHILD, son or daughter (Natural Law, Morality): Relation of a son or daughter to his or her father and mother. Roman Law extends the word “child” to grandchildren as well, be they of male or female descent.
Children, because of their close relationship to those who beget, feed, and educate them, have certain indispensable obligations toward their father and mother, such as deference, obedience, honor, and respect. They should also always be of service and give aid commensurate with their situation and gratitude.
Due to the state of weakness and ignorance into which children are born, they find themselves naturally subject to their father and mother, to whom nature gives all the necessary power to govern those for whom they must procure every advantage.
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As a result, children, for their part, must honor their mother and father in word and in deed. They owe them obedience, not a limitless obedience but one as extensive as this relationship demands and one as great as possible, given the dependency either party may have on mutual superiors. Children must feel affection, esteem, and respect for their father and mother and must testify to these sentiments in all their conduct. They must render their parents all services of which they are capable, advise them in business matters, console them in their misfortunes, patiently tolerate their bad moods and their defects. There is neither age, nor rank, nor position that can exempt a child from these sorts of duties. Finally, a child must aid, assist, and feed his mother and father, should the latter become needy or indigent. Solon was praised for having taxed with infamy all those who fail in this last duty, though it be infrequent in comparison with the need of fathers and mothers to nourish and raise their children.
However, to better understand the nature and the appropriate limits of the duties we have just discussed, we must carefully distinguish the three estates [états] of children, in accordance with the three phases of their lives.
In the first, their judgment is imperfect, and they lack discernment, as Aristotle says.
At the second, when their judgment is mature, they are still members of the paternal family; or, put another way and according to the same philosophy, they are not yet on their own.
The third and last occurs when they have left the family through marriage at an appropriate age.
All the actions of children of the first estate are subject to direction by their father and mother, for it is right that those not capable of managing themselves be governed by others, and only those who gave birth to a child are naturally responsible for governing him.
In the second phase, that is to say when children have attained the age where their judgment is fully developed, only matters important to the welfare of the paternal or maternal family depend on the will of the father and mother, and for the following reason: it is right that the interest of one party conform to the interests of all. With regard to all other actions, children have the moral power to do what they deem appropriate. Nevertheless, they should always strive to conduct themselves in a manner agreeable to their parents.
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Still, since this obligation is not founded on a right that the parents can exert to its full effect, but rather on what is demanded by natural affection, respect, and gratitude toward those who bestow life and education, then if a child fails in these duties, what he does against his parents’ wishes is no more null and void than a donation by a legitimate property owner made in violation of the rules of frugality becomes invalid solely for that reason.
In the third and last phase, the child is absolute master of himself in all respects, but he does not cease, for the rest of his life, to be obliged to have sentiments of affection, honor, and respect, whose foundations subsist forever. It follows from this principle that the acts of a king cannot be annulled simply because his father or mother has not authorized them.
If a child never acquires a sufficient degree of reason to govern himself, as happens with idiots and those born insane, he will always depend on the will of his father and mother. But these examples are rare and outside the ordinary course of nature. The bonds of children’s subjection thus resemble their swaddling clothes: they are necessary only because of the frailty of childhood. Age, which brings reason, places them outside paternal power and makes them masters of themselves. They have as much liberty vis-à-vis their father or mother as does a charge who, once his legally determined minority reaches its term, becomes the equal of his guardian.
The liberty of children arrived at the age of complete men, and the obedience they owe
