Scaife ATLAS

CTS Library / The Disinherited

The Disinherited (6-10)

urn:cts:greekLit:tlg0062.tlg052.perseus-eng4:6-10
Refs {'start': {'reference': '6', 'human_reference': 'None 6'}, 'end': {'reference': '10', 'human_reference': 'None 10'}}
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Quite a short time after, my step-mothers disorder commenced a very terrible and unaccountable one, gentlemen of the jury. I observed it from its very beginning; it was no slight superficial case, this; it was a long-established but hitherto latent mental disease, which now burst out and forced its way into

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notice. There are many signs by which we know that madness is incurableamong them a strange one which I noticed in this case. Ordinary society has a soothing, alleviating effect; the patient forgets to be mad; but if he sees a doctor, or even hears one mentioned, he at once displays acute irritationan infallible sign that he is far gone, incurable in fact. I was distressed to notice this symptom; my step-mother was a worthy person who deserved a better fate, and I was all compassion for her.

But my father in his simplicity, knowing neither when nor how the trouble began, and quite unable to gauge its gravity, bade me cure her by the drugs that had cured him. His idea was that madness was to be nothing else but mad; the disease was the same, its effects the same, and it must admit of the same treatment. When I told him, as was perfectly true, that his wife was incurable, and confessed that the case was beyond me, he thought it an outrage, said I was refusing because I chose to, and treating the poor woman shamefullyin short, visited upon me the limitations of my art. Such ebullitions are common enough in distress; we all lose our tempers then with the people who tell us the truth. I must nevertheless defend myself and my profession, as well as I can, against his strictures.

I will begin with some remarks upon the law under which I am to be disinherited; my father will please to observe that it is not quite so much now as before a matter for his absolute discretion. You will find, sir, that the author of the law has not conferred the right of disherison upon any father against any son upon any pretext. It is true he has armed fathers with this weapon; but he has also protected sons against its illegitimate use. That is the meaning of his insisting that the procedure shall not be irresponsible and uncontrolled, but come under the legal cognizance of inspectors whose decision will be uninfluenced by passion or misrepresentation. He knew how

v.2.p.188
often irritation is unreasonable, and what can be effected by a lying tale, a trusted slave, or a spiteful woman. He would not have the deed done without form of law; sons were not to be condemned unheard and out of hand; they are to have the ear of the court for so long by the clock, and there is to be adequate inquiry into the facts.

My fathers competence, then, being confined to preferring his complaints, and the decision whether they are reasonable or not resting with you, I shall be within my rights in requesting you to defer consideration of the grievance on which he bases the present suit, until you have determined whether a second disinheritance is admissible in the abstract. He has cast me off, has exercised his legal rights, enforced his parental powers to the full, and then restored me to my position as hisson. Now it is iniquitous, I maintain, that fathers should have these unlimited penal powers, that disgrace should be multiplied, apprehension made perpetual, the law now chastize, now relent, now resume its severity, and justice be the shuttlecock of our fathers caprices. It is quite proper for the law to humour, encourage, give effect to, one punitive impulse on the part of him who has begotten us; but if, after shooting his bolt, insisting on his right, indulging his wrath, he discovers our merits and takes us back, then he should be held to his decision, and not allowed to oscillate, waver, do and undo any more. Originally, he had no means of knowing whether his offspring would turn out well or ill; that is why parents who have decided to bring up children before they knew their nature are permitted to reject such as are found unworthy of their family.

But when a man has taken his son back, not upon compulsion, but of his own motion and after inquiry, how can further chopping and changing be justified? What further occasion for the law? Its author might fairly say to you, sir: I} your son was vicious and deserved to be disinherited, what were you about

v.2.p.189
to recall him? Why have him home again? Why suspend the laws operation? You were a free agent; you need not have done it. The laws are not your play-ground; you are not to put the courts in motion every time your mood varies; the laws are not to be suspended to-day and enforced to-morrow, with juries to look on at the proceedings, or rather to be the ministers of your whims, executioners or peace-makers according to your taste and fancy. The boy cost you one begetting, and one rearing; in return for which you may disinherit him, once, always provided you have reason to show for it. Disinheriting as a regular habit, a promiscuous pastime, is not included in the patria potestas.

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