whence it comes to pass, that there are double laws, those of honour and those of justice, in many things altogether opposite one to another; the nobles as rigorously condemning a lie taken, as the other do a lie revenged: by the law of arms, he shall be degraded from all nobility and honour who puts up with an affront; and by the civil law, he who vindicates his reputation by revenge incurs a capital punishment: he who applies himself to the law for reparation of an offence done to his honour, disgraces himself; and he who does not, is censured and punished by the law. Yet of these two so different things, both of them referring to one head, the one has the charge of peace, the other of war; those have the profit, these the honour; those the wisdom, these the virtue; those the word, these the action; those justice, these valour; those reason, these force; those the long robe, these the short;—divided betwixt them.
For what concerns indifferent things, as clothes, who is there seeking to bring them back to their true use, which is the body’s service and convenience, and upon which their original grace and fitness depend; for the most fantastic, in my opinion, that can be imagined, I will instance amongst others, our flat caps, that long tail of velvet that hangs down from our women’s heads, with its party-coloured trappings; and that vain and futile model of a member we cannot in modesty so much as name, which, nevertheless, we make show and parade of in public. These considerations, notwithstanding, will not prevail upon any understanding man to decline the common mode; but, on the contrary, methinks, all singular and particular fashions are rather marks of folly and vain affectation than of sound reason, and that a wise man, within, ought to withdraw and retire his soul from the crowd, and there keep it at liberty and in power to judge freely of things; but as to externals, absolutely to follow and conform himself to the fashion of the time. Public society has nothing to do with our thoughts, but the rest, as our actions, our labours, our fortunes, and our lives, we are to lend and abandon them to its service and to the common opinion, as did that good and great Socrates who refused to preserve his life by a disobedience to the magistrate, though a very wicked and unjust one for it is the rule of rules, the general law of laws, that every one observe those of the place wherein he lives.
[“It is good to obey the laws of one’s country.”
—Excerpta ex Trag. Gyaecis, Grotio interp., 1626, p. 937.]
And now to another point. It is a very great doubt, whether any so manifest benefit can accrue from the alteration of a law received, let it be what it will, as there is danger and inconvenience in altering it; forasmuch as government is a structure composed of divers parts and members joined and united together, with so strict connection, that it is impossible to stir so much as one brick or stone, but the whole body will be sensible of it. The legislator of the Thurians [Charondas; Diod. Sic., xii. 24.] ordained, that whosoever would go about either to abolish an old law, or to establish a new, should present himself with a halter about his neck to the people, to the end, that if the innovation he would introduce should not be approved by every one, he might immediately be hanged; and he of the Lacedaemonians employed his life to obtain from his citizens a faithful promise that none of his laws should be violated. [Lycurgus; Plutarch, in Vita, c. 22.] The Ephoros who so rudely cut the two strings that Phrynis had added to music never stood to examine whether that addition made better harmony, or that by its means the instrument was more full and complete; it was enough for him to condemn the invention, that it was a novelty, and an alteration of the old fashion. Which also is the meaning of the old rusty sword carried before the magistracy of Marseilles.
For my own part, I have a great aversion from a novelty, what face or what pretence soever it may carry along with it, and have reason, having been an eyewitness of the great evils it has produced. For those which for so many years have lain so heavy upon us, it is not wholly accountable; but one may say, with colour enough, that it has accidentally produced and begotten the mischiefs and ruin that have since happened, both without and against it; it, principally, we are to accuse for these disorders:
“Heu! patior telis vulnera facta meis.”
[“Alas! The wounds were made by my own weapons.”
—Ovid, Ep. Phyll. Demophoonti, vers. 48.]
They who give the first shock to a state, are almost naturally the first overwhelmed in its ruin the fruits of public commotion are seldom enjoyed by him who was the first motor; he beats and disturbs the water for another’s net. The unity and contexture of this monarchy, of this grand edifice, having been ripped and torn in her old age, by this thing called innovation, has since laid open a rent, and given sufficient admittance to such injuries: the royal majesty with greater difficulty declines from the summit to the middle, then it falls and tumbles headlong from the middle to the bottom. But if the inventors do the greater mischief, the imitators are more vicious to follow examples of which they have felt and punished both the horror and the offence. And if there can be any degree of honour in ill-doing, these last must yield to the others the glory of contriving, and the courage of making the first attempt. All sorts of new disorders easily draw, from this primitive and ever-flowing fountain, examples and precedents to trouble and discompose our government: we read in our very laws, made for the remedy of this first evil, the beginning and pretences of all sorts of wicked enterprises; and that befalls us, which Thucydides said of the civil wars of his time, that, in favour of public vices, they gave them new and more plausible names for their excuse, sweetening and disguising their true titles; which must be done, forsooth, to reform our conscience and belief:
“Honesta oratio est;”
[“Fine words truly.”—Ter. And., i. I, 114.]
but the best pretence for innovation is of very dangerous consequence:
“Aden nihil motum ex antiquo probabile est.”
[“We are ever wrong in changing ancient ways.”—Livy, xxxiv. 54]
And freely to speak my thoughts, it argues a strange self-love and great presumption to be so fond of one’s own opinions, that a public peace must be overthrown to establish them, and to introduce so many inevitable mischiefs, and so dreadful a corruption of manners, as a civil war and the mutations of state consequent to it, always bring in their train, and to introduce them, in a thing of so high concern, into the bowels of one’s own country. Can there be worse husbandry than to set up so many certain and knowing vices against errors that are only contested and disputable? And are there any worse sorts of vices than those committed against a man’s own conscience, and the natural light of his own reason? The Senate, upon the dispute betwixt it and the people about the administration of their religion, was bold enough to return this evasion for current pay:
“Ad deos id magis, quam ad se, pertinere: ipsos visuros,
ne sacra sua polluantur;”
[“Those things belong to the gods to determine than to them; let the
gods, therefore, take care that their sacred mysteries were not
profaned.”—Livy, x. 6.]
according to what the oracle answered to those of Delphos who, fearing to be invaded by the Persians in the Median war, inquired of Apollo, how they should dispose of the holy treasure of his temple; whether they should hide, or remove it to some other place? He returned them answer, that they should stir nothing from thence, and only take care of themselves, for he was sufficient to look to what belonged to him. [Herodotus, viii. 36.].—
The Christian religion has all the marks of the utmost utility and justice: but none more manifest than the severe injunction it lays indifferently upon all to yield absolute obedience to the civil magistrate, and to maintain and defend the laws. Of which, what a wonderful example has the divine wisdom left us, that, to establish the salvation of mankind, and to conduct His glorious victory over death and sin, would do it after no other way, but at the mercy of our ordinary forms
