Gentes esse ferantur,
In quibus et nato genitrix, et nata parenti
Jungitur, et pietas geminato crescit amore;
“There are some nations in the world, ‘tis said,
Where fathers daughters, sons their mothers wed;
And their affections thereby higher rise,
More firm and constant by these double ties;”
the murder of infants, the murder of fathers, the community of wives, traffic of robberies, license in all sorts of voluptuousness; in short, there is nothing so extreme that is not allowed by the custom of some nation or other.
It is credible that there are natural laws for us, as we see them in other creatures; but they are lost in us, this fine human reason everywhere so insinuating itself to govern and command, as to shuffle and confound the face of things, according to its own vanity and inconstancy: Nihil itaque amplius nostrum est; quod nostrum dico, artis est: “Therefore nothing is any more truly ours; what we call ours belongs to art.” Subjects have divers lustres and divers considerations, and thence the diversity of opinions principally proceeds; one nation considers a subject in one aspect, and stops there: another takes it in a different point of view.
There is nothing of greater horror to be imagined than for a man to eat his father; and yet the people, whose ancient custom it was so to do, looked upon it as a testimony of piety and affection, seeking thereby to give their progenitors the most worthy and honourable sepulture; storing up in themselves, and as it were in their own marrow, the bodies and relics of their fathers; and in some sort regenerating them by transmutation into their living flesh, by means of nourishment and digestion. It is easy to consider what a cruelty and abomination it must have appeared to men possessed and imbued with this snperstition to throw their fathers’ remains to the corruption of the earth, and the nourishment of beasts and worms.
Lycurgus considered in theft the vivacity, diligence, boldness, and dexterity of purloining any thing from our neighbours, and the benefit that redounded to the public that every one should look more narrowly to the conservation of what was his own; and believed that, from this double institution of assaulting and defending, advantage was to be made for military discipline (which was the principal science and virtue to which he would inure that nation), of greater consideration than the disorder and injustice of taking another man’s goods.
Dionysius, the tyrant, offered Plato a robe of the Persian fashion, long, damasked, and perfumed; Plato refused it, saying, “That being born a man, he would not willingly dress himself in women’s clothes;” but Aristippus accepted it with this answer, “That no accoutrement could corrupt a chaste courage.” His friends reproaching him with meanness of spirit, for laying it no more to heart that Dionysius had spit in his face, “Fishermen,” said he, “suffer themselves to be drenched with the waves of the sea from head to foot to catch a gudgeon.” Diogenes was washing cabbages, and seeing him pass by, “If thou couldst live on cabbage,” said he, “thou wouldst not fawn upon a tyrant;” to whom Aristippus replied, “And if thou knewest how to live amongst men, thou wouldst not be washing cabbages.” Thus reason finds appearances for divers effects; ‘tis a pot with two ears that a man may take by the right or left:—
Bellum, o terra hospita, portas:
Bello armantur eqni; bellum hc armenta minantur.
Sed tamen idem olim curru succedere sueti
Quadrupedes, et frena jugo concordia ferre;
Spes est pacis.
“War, war is threatened from this foreign ground
(My father cried), where warlike steeds are found.
Yet, since reclaimed, to chariots they submit,
And bend to stubborn yokes, and champ the bit,
Peace may succeed to war.”
Solon, being lectured by his friends not to shed powerless and unprofitable tears for the death of his son, “It is for that reason that I the more justly shed them,” said he, “because they are powerless and unprofitable.” Socrates’s wife exasperated her grief by this circumstance: “Oh, how unjustly do these wicked judges put him to death!” “Why,” replied he, “hadst thou rather they should execute me justly?” We have our ears bored; the Greeks looked upon that as a mark of slavery. We retire in private to enjoy our wives; the Indians do it in public. The Scythians immolated strangers in their temples; elsewhere temples were a refuge:—
Inde furor vulgi, quod numina vicinorum
Odit quisque locus, cum solos credat habendos
Esse deos, quos ipse colit.
“Thus ‘tis the popular fury that creates
That all their neighbours’ gods each nation hates;
Each thinks its own the genuine; in a word,
The only deities to be adored.”
I have heard of a judge who, coming upon a sharp conflict betwixt Bartolus and Aldus, and some point controverted with many contrarieties, writ in the margin of his book, “a question for a friend;” that is to say, that truth was there so controverted and disputed that in a like cause he might favour which of the parties he thought fit ‘Twas only for want of wit that he did not write “a question for a friend” throughout. The advocates and judges of our times find bias enough in all causes to accommodate them to what they themselves think fit. In so infinite a science, depending upon the authority of so many opinions, and so arbitrary a subject, it cannot be but that of necessity an extreme confusion of judgments must arise; there is hardly any suit so clear wherein opinions do not very much differ; what one court has determined one way another determines quite contrary, and itself contrary to that at another time. Of which we see very frequent examples, owing to that practice admitted amongst us, and which is a marvellous blemish to the ceremonious authority and lustre of our justice, of not abiding by one sentence, but running from judge to judge, and court to court, to decide one and the same cause.