youth naked, and of the maiden naked down to the
waist. If the maiden has no relations within the degree of third cousin,
she may choose whom she likes, with the consent of her guardians; or she
may even select some one who has gone to a colony, and he, if he be a
kinsman, will take the lot by law; if not, he must have her guardians'
consent, as well as hers. When a man dies without children and without
a will, let a young man and a young woman go forth from the family and
take up their abode in the desolate house. The woman shall be selected
from the kindred in the following order of succession:--first, a
sister of the deceased; second, a brother's daughter; third, a sister's
daughter; fourth, a father's sister; fifth, a daughter of a father's
brother; sixth, a daughter of a father's sister. For the man the
same order shall be observed as in the preceding case. The legislator
foresees that laws of this kind will sometimes press heavily, and that
his intention cannot always be fulfilled; as for example, when there are
mental and bodily defects in the persons who are enjoined to marry. But
he must be excused for not being always able to reconcile the general
principles of public interest with the particular circumstances of
individuals; and he is willing to allow, in like manner, that the
individual cannot always do what the lawgiver wishes. And then arbiters
must be chosen, who will determine equitably the cases which may arise
under the law: e.g. a rich cousin may sometimes desire a grander match,
or the requirements of the law can only be fulfilled by marrying a
madwoman. To meet such cases let the following law be enacted:--If any
one comes forward and says that the lawgiver, had he been alive, would
not have required the carrying out of the law in a particular case, let
him go to the fifteen eldest guardians of the law who have the care of
orphans; but if he thinks that too much power is thus given to them, he
may bring the case before the court of select judges.

Thus will orphans have a second birth. In order to make their sad
condition as light as possible, the guardians of the law shall be
their parents, and shall be admonished to take care of them. And what
admonition can be more appropriate than the assurance which we formerly
gave, that the souls of the dead watch over mortal affairs? About this
there are many ancient traditions, which may be taken on trust from the
legislator. Let men fear, in the first place