[5] Ovid, Metamorphoses xi, 127.
Both rich and poor, shocked at their new-found ills,
Would fly from wealth, and lose what they had sought.
[6] Tacitus, Hist. iv, 17. The most wretched slavery they call peace.
[7] Of the Rights of the Most Christian Queen over various States of the Monarchy of Spain, 1667.
[8] Distributive justice would oppose this rigorous equality of the state of nature, even were it practicable in civil society; as all the members of the State owe it their services in proportion to their talents and abilities, they ought, on their side, to be distinguished and favoured in proportion to the services they have actually rendered. It is in this sense we must understand that passage of Isocrates, in which he extols the primitive Athenians, for having determined which of the two kinds of equality was the most useful, viz. that which consists in dividing the same advantages indiscriminately among all the citizens, or that which consists in distributing them to each according to his deserts. These able politicians, adds the orator, banishing that unjust inequality which makes no distinction between good and bad men, adhered inviolably to that which rewards and punishes every man according to his deserts.
But in the first place, there never existed a society, however corrupt some may have become, where no difference was made between the good and the bad; and with regard to morality, where no measures can be prescribed by law exact enough to serve as a practical rule for a magistrate, it is with great prudence that, in order not to leave the fortune or quality of the citizens to his discretion, it prohibits him from passing judgment on persons and confines his judgment to actions. Only morals such as those of the ancient Romans can bear censors, and such a tribunal among us would throw everything into confusion. The difference between good and bad men is determined by public esteem; the magistrate being strictly a judge of right alone; whereas the public is the truest judge of morals, and is of such integrity and penetration on this head, that although it may be sometimes deceived, it can never be corrupted. The rank of citizens ought, therefore, to be regulated, not according to their personal merit—for this would put it in the power of the magistrate to apply the law almost arbitrarily—but according to the actual services done to the State, which are capable of being more exactly estimated.
APPENDIX[1]
A famous author, reckoning up the good and evil of human life, and comparing the aggregates, finds that our pains greatly exceed our pleasures: so that, all things considered, human life is not at all a valuable gift. This conclusion does not surprise me; for the writer drew all his arguments from man in civilisation. Had he gone back to the state of nature, his inquiries would clearly have had a different result, and man would have been seen to be subject to very few evils not of his own creation. It has indeed cost us not a little trouble to make ourselves as wretched as we are. When we consider, on the one hand, the immense labours of mankind, the many sciences brought to perfection, the arts invented, the powers employed, the deeps filled up, the mountains levelled, the rocks shattered, the rivers made navigable, the tracts of land cleared, the lakes emptied, the marshes drained, the enormous structures erected on land, and the teeming vessels that cover the sea; and, on the other hand, estimate with ever so little thought, the real advantages that have accrued from all these works to mankind, we cannot help being amazed at the vast disproportion there is between these things, and deploring the infatuation of man, which, to gratify his silly pride and vain self-admiration, induces him eagerly to pursue all the miseries he is capable of feeling, though beneficent nature had kindly placed them out of his way.
[1] See the "[faculty of self-improvement]".