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Objection 1: It would seem that children should follow the condition
of their father. Because dominion belongs to those of higher rank.
Now in generating the father ranks above the mother. Therefore,
etc.
Objection 2: Further, the being of a thing depends on the form more
than on the matter. Now in generation the father gives the form, and
the mother the matter (De Gener. Animal. ii, 4). Therefore
the child should follow the condition of the father rather than of the
mother.
Objection 3: Further, a thing should follow that chiefly to which
it is most like. Now the son is more like the father than the mother,
even as the daughter is more like the mother. Therefore at least the
son should follow the father in preference, and the daughter the
mother.
Objection 4: Further, in Holy Writ genealogies are not traced
through the women but through the men. Therefore the children follow
the father rather than the mother.
On the contrary, If a man sows on another's land, the produce
belongs to the owner of the land. Now the woman's womb in relation to
the seed of man is like the land in relation to the sower. Therefore,
etc.
Further, we observe that in animals born from different species the
offspring follows the mother rather that the father, wherefore mules
born of a mare and an ass are more like mares than those born of a
she-ass and a horse. Therefore it should be the same with men.
I answer that, According to civil law (XIX, ff. De statu hom.
vii, cap. De rei vendit.) the offspring follows the womb: and this
is reasonable since the offspring derives its formal complement from the
father, but the substance of the body from the mother. Now slavery is
a condition of the body, since a slave is to the master a kind of
instrument in working; wherefore children follow the mother in freedom
and bondage; whereas in matters pertaining to dignity as proceeding
from a thing's form, they follow the father, for instance in honors,
franchise, inheritance and so forth. The canons are in agreement with
this (cap. Liberi, 32, qu. iv, in gloss.: cap. Inducens,
De natis ex libero ventre) as also the law of Moses (Ex. 21).
In some countries, however, where the civil law does not hold, the
offspring follows the inferior condition, so that if the father be a
slave the children will be slaves although the mother be free; but not
if the father gave himself up as a slave after his marriage and without
his wife's consent; and the same applies if the case be reversed.
And if both be of servile condition and belong to different masters,
the children, if several, are divided among the latter, or if one
only, the one master will compensate the other in value and will take
the child thus born for his slave. However it is incredible that this
custom have as much reason in its favor as the decision of the
time-honored deliberations of many wise men. Moreover in natural
things it is the rule that what is received is in the recipient
according to the mode of the recipient and not according to the mode of
the giver; wherefore it is reasonable that the seed received by the
mother should be drawn to her condition.
Reply to Objection 1: Although the father is a more noble principle
than the mother, nevertheless the mother provides the substance of the
body, and it is to this that the condition of slavery attaches.
Reply to Objection 2: As regards things pertaining to the specific
nature the son is like the father rather than the mother, but in
material conditions should be like the mother rather than the father,
since a thing has its specific being from its form, but material
conditions from matter.
Reply to Objection 3: The son is like the father in respect of the
form which is his, and also the father's, complement. Hence the
argument is not to the point.
Reply to Objection 4: It is because the son derives honor from his
father rather than from his mother that in the genealogies of
Scripture, and according to common custom, children are named after
their father rather than from their mother. But in matters relating to
slavery they follow the mother by preference.
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