Chapter 186

There is little relation betwixt our actions, which are in perpetual mutation, and fixed and immutable laws; the most to be desired are those that are the most rare, the most simple and general; and I am even of opinion that we had better have none at all than to have them in so prodigious a number as we have. Nature always gives them better and happier than those we make ourselves; witness the picture of the Golden Age of the Poets and the state wherein we see nations live who have no other. Some there are, who for their only judge take the first passer-by that travels along their mountains, to determine their cause; and others who, on their market day, choose out some one amongst them upon the spot to decide their controversies. What danger would there be that the wisest amongst us should so determine ours, according to occurrences and at sight, without obligation of example and consequence? For every foot its own shoe. King Ferdinand, sending colonies to the Indies, wisely provided that they should not carry along with them any students of jurisprudence, for fear lest suits should get footing in that new world, as being a science in its own nature, breeder of altercation and division; judging with Plato, “that lawyers and physicians are bad institutions of a country.” Whence does it come to pass that our common language, so easy for all other uses, becomes obscure and unintelligible in wills and contracts? and that he who so clearly expresses himself in whatever else he speaks or writes, cannot find in these any way of declaring himself that does not fall into doubt and contradiction? if it be not that the princes of that art, applying themselves with a peculiar attention to cull out portentous words and to contrive artificial sentences, have so weighed every syllable, and so thoroughly sifted every sort of quirking connection that they are now confounded and entangled in the infinity of figures and minute divisions, and can no more fall within any rule or prescription, nor any certain intelligence: “Confusum est, quidquid usque in pulverem sectum est.” [“Whatever is beaten into powder is undistinguishable (confused).” --Seneca, Ep., 89.] As you see children trying to bring a mass of quicksilver to a certain number of parts, the more they press and work it and endeavour to reduce it to their own will, the more they irritate the liberty of this generous metal; it evades their endeavour and sprinkles itself into so many separate bodies as frustrate all reckoning; so is it here, for in subdividing these subtilties we teach men to increase their doubts; they put us into a way of extending and diversifying difficulties, and lengthen and disperse them. In sowing and retailing questions they make the world fructify and increase in uncertainties and disputes, as the earth is made fertile by being crumbled and dug deep. “Difficultatem facit doctrina.” [“Learning (Doctrine) begets difficulty.” --Quintilian, Insat. Orat., x. 3.] We doubted of Ulpian, and are still now more perplexed with Bartolus and Baldus. We should efface the trace of this innumerable diversity of opinions; not adorn ourselves with it, and fill posterity with crotchets. I know not what to say to it; but experience makes it manifest, that so many interpretations dissipate truth and break it. Aristotle wrote to be understood; if he could not do this, much less will another that is not so good at it; and a third than he, who expressed his own thoughts. We open the matter, and spill it in pouring out: of one subject we make a thousand, and in multiplying and subdividing them, fall again into the infinity of atoms of Epicurus. Never did two men make the same judgment of the same thing; and ‘tis impossible to find two opinions exactly alike, not only in several men, but in the same man, at diverse hours. I often find matter of doubt in things of which the commentary has disdained to take notice; I am most apt to stumble in an even country, like some horses that I have known, that make most trips in the smoothest way. Who will not say that glosses augment doubts and ignorance, since there’s no book to be found, either human or divine, which the world busies itself about, whereof the difficulties are cleared by interpretation. The hundredth commentator passes it on to the next, still more knotty and perplexed than he found it. When were we ever agreed amongst ourselves: “This book has enough; there is now no more to be said about it”? This is most apparent in the law; we give the authority of law to infinite doctors, infinite decrees, and as many interpretations; yet do we find any end of the need of interpretating? is there, for all that, any progress or advancement towards peace, or do we stand in need of any fewer advocates and judges than when this great mass of law was yet in its first infancy? On the contrary, we darken and bury intelligence; we can no longer discover it, but at the mercy of so many fences and barriers. Men do not know the natural disease of the mind; it does nothing but ferret and inquire, and is eternally wheeling, juggling, and perplexing itself like silkworms, and then suffocates itself in its work; “Mus in pice.”--[“A mouse in a pitch barrel.”]--It thinks it discovers at a great distance, I know not what glimpses of light and imaginary truth: but whilst running to it, so many difficulties, hindrances, and new inquisitions cross it, that it loses its way, and is made drunk with the motion: not much unlike AEsop’s dogs, that seeing something like a dead body floating in the sea, and not being able to approach it, set to work to drink the water and lay the passage dry, and so choked themselves. To which what one Crates’ said of the writings of Heraclitus falls pat enough, “that they required a reader who could swim well,” so that the depth and weight of his learning might not overwhelm and stifle him. ‘Tis nothing but particular weakness that makes us content with what others or ourselves have found out in this chase after knowledge: one of better understanding will not rest so content; there is always room for one to follow, nay, even for ourselves; and another road; there is no end of our inquisitions; our end is in the other world. ‘Tis a sign either that the mind has grown shortsighted when it is satisfied, or that it has got weary. No generous mind can stop in itself; it will still tend further and beyond its power; it has sallies beyond its effects; if it do not advance and press forward, and retire, and rush and wheel about, ‘tis but half alive; its pursuits are without bound or method; its aliment is admiration, the chase, ambiguity, which Apollo sufficiently declared in always speaking to us in a double, obscure, and oblique sense: not feeding, but amusing and puzzling us. ‘Tis an irregular and perpetual motion, without model and without aim; its inventions heat, pursue, and interproduce one another: Estienne de la Boetie; thus translated by Cotton: “So in a running stream one wave we see After another roll incessantly, And as they glide, each does successively Pursue the other, each the other fly By this that’s evermore pushed on, and this By that continually preceded is: The water still does into water swill, Still the same brook, but different water still.” There is more ado to interpret interpretations than to interpret things, and more books upon books than upon any other subject; we do nothing but comment upon one another. Every place swarms with commentaries; of authors there is great scarcity. Is it not the principal and most reputed knowledge of our later ages to understand the learned? Is it not the common and final end of all studies? Our opinions are grafted upon one another; the first serves as a stock to the second, the second to the third, and so forth; thus step by step we climb the ladder; whence it comes to pass that he who is mounted highest has often more honour than merit, for he is got up but an inch upon the shoulders of the last, but one. How often, and, peradventure, how foolishly, have I extended my book to make it speak of itself; foolishly, if for no other reason but this, that it should remind me of what I say of others who do the same: that the frequent amorous glances they cast upon their work witness that their hearts pant with self-love, and that even the disdainful severity wherewith they scourge them are but the dandlings and caressings of maternal love; as Aristotle, whose valuing and undervaluing himself often spring from the same air of arrogance. My own excuse is, that I ought in this to have more liberty than others, forasmuch as I write specifically of myself and of my writings, as I do of my other actions; that my theme turns upon itself; but I know not whether others will accept this excuse. I observed in Germany that Luther has left as many divisions and disputes about the doubt of his opinions, and more, than he himself raised upon the Holy Scriptures. Our contest is verbal: I ask what nature is, what pleasure, circle, and substitution are? the question is about words, and is answered accordingly. A stone is a body; but if a man should further urge: “And what is a body?”--“Substance”; “And what is substance?” and so on, he would drive the respondent to the end of his Calepin. [Calepin (Ambrogio da Calepio), a famous lexicographer of the fifteenth century. His Polyglot Dictionary became so famous, that Calepin became a common appellation for a lexicon] We exchange one word for another, and often for one less understood. I better know what man is than I know what Animal is, or Mortal, or Rational. To satisfy one doubt, they give me three; ‘tis the Hydra’s head. Socrates asked Menon, “What virtue was.” “There is,” says Menon, “the virtue of a man and of a woman, of a magistrate and of a private person, of an old man and of a child.” “Very fine,” cried Socrates, “we were in quest of one virtue, and thou hast brought us a whole swarm.” We put one question, and they return us a whole hive. As no event, no face, entirely resembles another, so do they not entirely differ: an ingenious mixture of nature. If our faces were not alike, we could not distinguish man from beast; if they were not unlike, we could not distinguish one man from another; all things hold by some similitude; every example halts, and the relation which is drawn from experience is always faulty and imperfect. Comparisons are ever-coupled at one end or other: so do the laws serve, and are fitted to every one of our affairs, by some wrested, biassed, and forced interpretation. Since the ethic laws, that concern the particular duty of every one in himself, are so hard to be framed, as we see they are, ‘tis no wonder if those which govern so many particulars are much more so. Do but consider the form of this justice that governs us; ‘tis a true testimony of human weakness, so full is it of error and contradiction. What we find to be favour and severity in justice--and we find so much of them both, that I know not whether the medium is as often met with are sickly and unjust members of the very body and essence of justice. Some country people have just brought me news in great haste, that they presently left in a forest of mine a man with a hundred wounds upon him, who was yet breathing, and begged of them water for pity’s sake, and help to carry him to some place of relief; they tell me they durst not go near him, but have run away, lest the officers of justice should catch them there; and as happens to those who are found near a murdered person, they should be called in question about this accident, to their utter ruin, having neither money nor friends to defend their innocence. What could I have said to these people? ‘Tis certain that this office of humanity would have brought them into trouble. How many innocent people have we known that have been punished, and this without the judge’s fault; and how many that have not arrived at our knowledge? This happened in my time: certain men were condemned to die for a murder committed; their sentence, if not pronounced, at least determined and concluded on. The judges, just in the nick, are informed by the officers of an inferior court hard by, that they have some men in custody, who have directly confessed the murder, and made an indubitable discovery of all the particulars of the fact. Yet it was gravely deliberated whether or not they ought to suspend the execution of the sentence already passed upon the first accused: they considered the novelty of the example judicially, and the consequence of reversing judgments; that the sentence was passed, and the judges deprived of repentance; and in the result, these poor devils were sacrificed by the forms of justice. Philip, or some other, provided against a like inconvenience after this manner. He had condemned a man in a great fine towards another by an absolute judgment. The truth some time after being discovered, he found that he had passed an unjust sentence. On one side was the reason of the cause; on the other side, the reason of the judicial forms: he in some sort satisfied both, leaving the sentence in the state it was, and out of his own purse recompensing the condemned party. But he had to do with a reparable affair; my men were irreparably hanged. How many condemnations have I seen more criminal than the crimes themselves? All which makes me remember the ancient opinions, “That ‘tis of necessity a man must do wrong by retail who will do right in gross; and injustice in little things, who would come to do justice in great: that human justice is formed after the model of physic, according to which, all that is useful is also just and honest: and of what is held by the Stoics, that Nature herself proceeds contrary to justice in most of her works: and of what is received by the Cyrenaics, that there is nothing just of itself, but that customs and laws make justice: and what the Theodorians held that theft, sacrilege, and all sorts of uncleanness, are just in a sage, if he knows them to be profitable to him.” There is no remedy: I am in the same case that Alcibiades was, that I will never, if I can help it, put myself into the hands of a man who may determine as to my head, where my life and honour shall more depend upon the skill and diligence of my attorney than on my own innocence.