The law which gives the whole fee to the eldest son is very good in times of anarchy and pillage. Then the eldest son is the captain of the castle which the brigands will attack sooner or later; the younger sons will be his chief officers, the husbandmen his soldiers. All that is to be feared is that the younger son may assassinate or poison the Salian lord his elder brother, in order to become in his turn the master of the hovel; but these cases are rare, because nature has so combined our instincts and our passions that we have more horror of assassinating our elder brother than we have of being envious of his position. But this law, suitable for the owners of dungeons in Chilperic's time is detestable when there is question of sharing stocks in a city.
To the shame of mankind, one knows that the laws of games are the only ones which everywhere are just, clear, inviolable and executed. Why is the Indian who gave us the rules of the game of chess willingly obeyed all over the world, and why are the popes' decretals, for example, to-day an object of horror and scorn? the reason is that the inventor of chess combined everything with precision for the satisfaction of the players, and that the popes, in their decretals, had nothing in view but their own interest. The Indian wished to exercise men's minds equally, and give them pleasure; the popes wished to besot men's minds. Also, the essence of the game of chess has remained the same for five thousand years, it is common to all the inhabitants of the earth; and the decretals are known only at Spoletto, Orvieto, Loretto, where the shallowest lawyer secretly hates and despises them.
But I delight in thinking that there is a natural law independent of all human conventions: the fruit of my work must belong to me; I must honour my father and my mother; I have no right over my fellow's life, and my fellow has none over mine, etc. But when I think that from Chedorlaomer to Mentzel,[12] colonel of hussars, everyone loyally kills and pillages his fellow with a licence in his pocket, I am very afflicted.
I am told that there are laws among thieves, and also laws of war. I ask what are these laws of war. I learn that they mean hanging a brave officer who has held fast in a bad post without cannon against a royal army; that they mean having a prisoner hanged, if the enemy has hanged one of yours; that they mean putting to the fire and the sword villages which have not brought their sustenance on the appointed day, according to the orders of the gracious sovereign of the district. "Good," say I, "that is the 'Spirit of the Laws.'"
It seems to me that most men have received from nature enough common sense to make laws, but that everyone is not just enough to make good laws.
FOOTNOTES:
[12] Chedorlaomer was king of the Elamites, and contemporary with Abraham. See Genesis ch. xiv.
Mentzel was a famous chief of Austrian partisans in the war of 1741. At the head of five thousand men, he made Munich capitulate on February 13th, 1742.