the essays of montaigne, v19-第3章
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sentence already passed upon the first accused： they considered the
novelty of the example judicially； and the consequence of reversing
judgments； that the sentence was passed； and the judges deprived of
repentance； and in the result； these poor devils were sacrificed by the
forms of justice。 Philip； or some other； provided against a like
inconvenience after this manner。 He had condemned a man in a great fine
towards another by an absolute judgment。 The truth some time after being
discovered； he found that he had passed an unjust sentence。 On one side
was the reason of the cause； on the other side； the reason of the
judicial forms： he in some sort satisfied both； leaving the sentence in
the state it was； and out of his own purse recompensing the condemned
party。 But he had to do with a reparable affair； my men were irreparably
hanged。 How many condemnations have I seen more criminal than the crimes
themselves？
All which makes me remember the ancient opinions； 〃That 'tis of necessity
a man must do wrong by retail who will do right in gross； and injustice
in little things； who would come to do justice in great： that human
justice is formed after the model of physic； according to which； all that
is useful is also just and honest： and of what is held by the Stoics；
that Nature herself proceeds contrary to justice in most of her works：
and of what is received by the Cyrenaics； that there is nothing just of
itself； but that customs and laws make justice： and what the Theodorians
held that theft； sacrilege； and all sorts of uncleanness； are just in a
sage； if he knows them to be profitable to him。〃 There is no remedy： I
am in the same case that Alcibiades was； that I will never； if I can help
it； put myself into the hands of a man who may determine as to my head；
where my life and honour shall more depend upon the skill and diligence
of my attorney than on my own innocence。 I would venture myself with
such justice as would take notice of my good deeds； as well as my ill；
where I had as much to hope as to fear： indemnity is not sufficient pay
to a man who does better than not to do amiss。 Our justice presents to
us but one hand； and that the left hand； too； let him be who he may； he
shall be sure to come off with loss。
In China； of which kingdom the government and arts； without commerce with
or knowledge of ours； surpass our examples in several excellent features；
and of which the history teaches me how much greater and more various the
world is than either the ancients or we have been able to penetrate； the
officers deputed by the prince to visit the state of his provinces； as
they punish those who behave themselves ill in their charge； so do they
liberally reward those who have conducted themselves better than the
common sort； and beyond the necessity of their duty； these there present
themselves； not only to be approved but to get； not simply to be paid；
but to have a present made to them。
No judge； thank God； has ever yet spoken to me in the quality of a judge；
upon any account whatever； whether my own or that of a third party；
whether criminal or civil； nor no prison has ever received me； not even
to walk there。 Imagination renders the very outside of a jail
displeasing to me； I am so enamoured of liberty； that should I be
interdicted the access to some corner of the Indies； I should live a
little less at my ease； and whilst I can find earth or air open
elsewhere； I shall never lurk in any place where I must hide myself。
My God！ how ill should I endure the condition wherein I see so many
people； nailed to a corner of the kingdom； deprived of the right to enter
the principal cities and courts； and the liberty of the public roads；
for having quarrelled with our laws。 If those under which I live should
shake a finger at me by way of menace； I would immediately go seek out
others； let them be where they would。 All my little prudence in the
civil wars wherein we are now engaged is employed that they may not
hinder my liberty of going and coming。
Now； the laws keep up their credit； not for being just； but because they
are laws； 'tis the mystic foundation of their authority； they have no
other； and it well answers their purpose。 They are often made by fools；
still oftener by men who； out of hatred to equality； fail in equity； but
always by men； vain and irresolute authors。 There is nothing so much；
nor so grossly； nor so ordinarily faulty； as the laws。 Whoever obeys
them because they are just； does not justly obey them as he ought。 Our
French laws； by their irregularity and deformity； lend； in some sort； a
helping hand to the disorder and corruption that all manifest in their
dispensation and execution： the command is so perplexed and inconstant；
that it in some sort excuses alike disobedience and defect in the
interpretation； the administration and the observation of it。 What fruit
then soever we may extract from experience； that will little advantage
our institution； which we draw from foreign examples； if we make so
little profit of that we have of our own； which is more familiar to us；
and； doubtless； sufficient to instruct us in that whereof we have need。
I study myself more than any other subject； 'tis my metaphysic； my
physic：
〃Quis deus hanc mundi temperet arte domum：
Qua venit exoriens； qua deficit： unde coactis
Cornibus in plenum menstrua luna redit
Unde salo superant venti； quid flamine captet
Eurus； et in nubes unde perennis aqua；
Sit ventura dies mundi quae subruat arces。。。。〃
＇〃What god may govern with skill this dwelling of the world？ whence
rises the monthly moon； whither wanes she？ how is it that her horns
are contracted and reopen？ whence do winds prevail on the main？
what does the east wind court with its blasts？ and whence are the
clouds perpetually supplied with water？ is a day to come which may
undermine the world？〃Propertius； iii。 5； 26。＇
〃Quaerite； quos agitat mundi labor。〃
＇〃Ask whom the cares of the world trouble〃Lucan； i。 417。＇
In this universality； I suffer myself to be ignorantly and negligently
led by the general law of the world： I shall know it well enough when I
feel it； my learning cannot make it alter its course； it will not change
itself for me； 'tis folly to hope it； and a greater folly to concern
one's self about it； seeing it is necessarily alike public and common。
The goodness and capacity of the governor ought absolutely to discharge
us of all care of the government： philosophical inquisitions and
contemplations serve for no other use but to increase our curiosity。
The philosophers； with great reason； send us back to the rules of nature；
but they have nothing to do with so sublime a knowledge； they falsify
them； and present us her face painted with too high and too adulterate a
complexion； whence spring so many different pictures of so uniform a
subject。 As she has given us feet to walk with； so has she given us
prudence to guide us in life： not so ingenious； robust； and pompous a
prudence as that of their invention； but yet one that is easy； quiet； and
salutary； and that very well performs what the other promises； in him who
has the good luck to know how to employ it sincerely and regularly； that
is to say； according to nature。 The most simply to commit one's self to
nature is to do it most wisely。 Oh； what a soft； easy； and wholesome
pillow is ignorance and incuriosity； whereon to repose a well…ordered
head！
I had rather understand myself well in myself； than in Cicero。 Of the
experience I have of myself； I find enough to make me wise； if I were but
a good scholar： whoever will call to mind the excess of his past anger；
and to what a degree that fever transported him； will see the deformity
of this passion better than in Aristotle； and conceive a more just hatred
against it； whoever will remember the ills he has undergone； those that
have threatened him； and the light occasions that have removed him from
one state to another； will by that prepare himself for future changes；
and the knowledge of his c
