an effect, to the blindness and injustice of our customs and observances; sacrificing the innocent blood of so many of His elect, and so long a loss of so many years, to the maturing of this inestimable fruit? There is a vast difference between the case of one who follows the forms and laws of his country, and of another who will undertake to regulate and change them; of whom the first pleads simplicity, obedience, and example for his excuse, who, whatever he shall do, it cannot be imputed to malice; it is at the worst but misfortune:
Quisnest enim, quem non moveat clarissimis monumentis
testata consignataque antiquitas?
[For who is there that antiquity, attested and confirmed by the fairest monuments, cannot move?
—Cicero, De Divinatione, i. 40.]
besides what Isocrates says, that defect is nearer allied to moderation than excess: the other is a much more ruffling gamester; for whosoever shall take upon him to choose and alter, usurps the authority of judging, and should look well about him, and make it his business to discern clearly the defect of what he would abolish, and the virtue of what he is about to introduce.
This so vulgar consideration is that which settled me in my station, and kept even my most extravagant and ungoverned youth under the rein, so as not to burden my shoulders with so great a weight, as to render myself responsible for a science of that importance, and in this to dare, what in my better and more mature judgment, I durst not do in the most easy and indifferent things I had been instructed in, and wherein the temerity of judging is of no consequence at all; it seeming to me very unjust to go about to subject public and established customs and institutions, to the weakness and instability of a private and particular fancy (for private reason has but a private jurisdiction), and to attempt that upon the divine, which no government will endure a man should do, upon the civil laws; with which, though human reason has much more commerce than with the other, yet are they sovereignly judged by their own proper judges, and the extreme sufficiency serves only to expound and set forth the law and custom received, and neither to wrest it, nor to introduce anything, of innovation. If, sometimes, the divine providence has gone beyond the rules to which it has necessarily bound and obliged us men, it is not to give us any dispensation to do the same; those are masterstrokes of the divine hand, which we are not to imitate, but to admire, and extraordinary examples, marks of express and particular purposes, of the nature of miracles, presented before us for manifestations of its almightiness, equally above both our rules and force, which it would be folly and impiety to attempt to represent and imitate; and that we ought not to follow, but to contemplate with the greatest reverence: acts of His personage, and not for us. Cotta very opportunely declares:
Quum de religione agitur, Ti. Coruncanium, P. Scipionem,
P. Scaevolam, pontifices maximos, non Zenonem, autCleanthem,
Aut Chrysippum, sequor.
[When matter of religion is in question, I follow the high priests T. Coruncanius, P. Scipio, P. Scaevola, and not Zeno, Cleanthes, or Chrysippus.
—Cicero, De Natura Deorum, iii. 2.]
God knows, in the present quarrel of our civil war, where there are a hundred articles to dash out and to put in, great and very considerable, how many there are who can truly boast, they have exactly and perfectly weighed and understood the grounds and reasons of the one and the other party; it is a number, if they make any number, that would be able to give us very little disturbance. But what becomes of all the rest, under what ensigns do they march, in what quarter do they lie? Theirs have the same effect with other weak and ill-applied medicines; they have only set the humours they would purge more violently in work, stirred and exasperated by the conflict, and left them still behind. The potion was too weak to purge, but strong enough to weaken us; so that it does not work, but we keep it still in our bodies, and reap nothing from the operation but intestine gripes and dolours.
So it is, nevertheless, that Fortune still reserving her authority in defiance of whatever we are able to do or say, sometimes presents us with a necessity so urgent, that it is requisite the laws should a little yield and give way; and when one opposes the increase of an innovation that thus intrudes itself by violence, to keep a man's self in so doing, in all places and in all things within bounds and rules against those who have the power, and to whom all things are lawful that may in any way serve to advance their design, who have no other law nor rule but what serves best to their own purpose, it is a dangerous obligation and an intolerable inequality:
Aditum nocendi perfido praestat fides,
[Putting faith in a treacherous person, opens the door to harm.
—Seneca, Oedipus, act iii., verse 686.]
forasmuch as the ordinary discipline of a healthful state does not provide against these extraordinary accidents; it presupposes a body that supports itself in its principal members and offices, and a common consent to its obedience and observation. A legitimate proceeding is cold, heavy, and constrained, and not fit to make head against a headstrong and unbridled proceeding. It is known to be to this day cast in the dish of those two great men, Octavius and Cato, in the two civil wars of Sylla and Caesar, that they would rather suffer their country to undergo the last extremities, than relieve their fellow-citizens at the expense of its laws, or be guilty of any innovation; for in truth, in these last necessities, where there is no other remedy, it would, peradventure, be more discreetly done, to stoop and yield a little to receive the blow, than, by opposing without possibility of doing good, to give occasion to violence to trample all under foot; and better to make the laws do what they can, when they cannot do what they would. After this manner did he [Agesilaus] who suspended them for four-and-twenty hours, and he who, for once shifted a day in the calendar, and that other [Alexander the Great] who of the month of June made a second of May. The Lacedaemonians themselves, who were so religious observers of the laws of their country, being straitened by one of their own edicts, by which it was expressly forbidden to choose the same man twice to be admiral; and on the other side, their affairs necessarily requiring, that Lysander should again take upon him that command, they made one Aratus admiral; it is true, but withal, Lysander went general of the navy; and, by the same subtlety, one of their ambassadors being sent to the Athenians to obtain the revocation of some decree, and Pericles remonstrating to him, that it was forbidden to take away the tablet wherein a law had once been engrossed, he advised him to turn it only, that being not forbidden; and Plutarch commends Philopoemen, that being born to command, he knew how to do it, not only according to the laws, but also to overrule even the laws themselves, when the public necessity so required.
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