[258-8] In Bavaria, in 1808, the decision reserved to the royal boards of police.
[258-9] Those callings in which a certain esprit de corps prevails such as that, for instance, of officials and officers, submit willingly to restrictions on marriage authoritatively imposed. The Catholic clergy submit even to a full prohibition of marriage. Such measures uniformly strengthen the isolation of the class from the nation as a whole. It is well known that, during the middle ages, theological views on the meritoriousness of all self-denial made voluntary celibacy very common. The Franciscan order counted at one time 150,000 monks and 28,000 nuns, the so-called members of the third order, or penitents, not included. (Helyot, Gesch. der Kloster und Ritterorden, V, 33.) The severity of the laws relating to fasting might also, according to Villermé, be regarded as a "preventive check." Compare supra, § 240, note I.
[258-10] The Prussian law authorizing parents and guardians to put an interdict on marriages, because of a want of the necessary means, of vicious habits, disease, etc., may constitute a check in very good families and families of the middle class, but scarcely so in proletarian circles.
[258-11] Besides Württemberg, Baden also prescribed 25 years; in Saxony and Hessen-Darmstadt, 21 sufficed; in Prussia even 18. Schäffle advocates a minimum age of 25 years for males and 22 years for women (loc. cit.). Similarly, Mohl, loc. cit.
[258-12] Why, hitherto, in Sweden, by way of exception, military service promoted early marriage, see Wappäus, Bevölkerungsstatistik, II, 357. In France, on the other hand, the increase of population since 1815 has been almost exactly in the inverse ratio of the strength of the military levy. Acad. des Sc. Morales et Polit., 1867, II, 159.
[258-13] Malthus, Principle of Population, 10, ch. 13.
[258-14] Malthus, Principle of Population, IV, ch. 4, 5. It is a great error to suppose that the number of immoral acts increases and decreases with the frequency of temptation. In Ireland, farmers very frequently keep their men servants and maid servants even after the latter have married. But the very facility with which a fall is legalized, increases very largely the number of reckless marriages. (Meidinger, Reise, II, 187 seq.) In the country about Göttingen also, where the people marry much earlier on an average than in that about Calenberg, illegitimate births are much more frequent.
[258-15] Even no other legal obstacle which could make marriage more difficult occurred to Malthus, except that which consists in the refusal of public assistance after the expiration of a fixed period of time. (Principle of Population, IV, ch. 8; V, ch. 2.)
[258-16] See the tables in the Tübinger Zeitschrift, 1868, 624 ff. Thus, formerly, in Rhenish Bavaria, where there was complete liberty allowed in this matter, the poor rates compared with the population, were only 34.6 per cent. of the average in the rest of Bavaria; and the number of illegitimate births was not so unfavorable by one-half. (Rivet, in the Archiv der polit. Oekonomie, N. F., I, 39.) The Bavarian law of the 16th of April, 1868, which provides that the community or parish can object to a person's marriage only on account of unpaid parish taxes or poor rates (art. 36) largely increased the number of marriages and diminished the illegitimate births; in the first year to 22.2 per cent., in the second to 17, and in 1873 to 13.2 per cent. (Allg. luth Kirchenztg., 12 März, 1875.) According to official statement, this law did more to improve the condition of workmen in the towns than any other cause. Compare Thudichum, Ueber unzulässige Beschränkungen des Rechts der Verehelichung, 1868. Per contra, E. Schübler, Ueber Niederlassung und Verehelichung in den verschiedenen deutschen Staaten, 1855.
[258-17] Reinhold has recommended the direct limitation of the procreation of children by the process of infibulation practiced on boys fourteen years of age and continued until they arrive at a marriageable age or are able to support illegitimate children. An[TN 113] der Uebervolkerung in Mitteleuropa,[TN 114] 1827. Ueber die Population und Industrié, oder Beweis dass die Bevölkerung in hoch kultivieren[TN 115] Landern stets den Gewerbfleiss übereile, 1828. Ueber das menschliche Elend, welches durch Missbrauch der Zeugung herbeigeführt wird, 1828. Das Gleichgewicht der Bevölkerung als Grundlage der Wohlfahrt, 1829. The ancients proceeded sometimes in a similar way in the case of slave actors: Juvenal, VI, 73. Compare Winckelmann, Antichi inediti, Tav. 188.