the essays of montaigne, v4-第4节
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own language; and of which they are of necessity to purchase both the
interpretation and the use? Not according to the ingenious opinion of
Isocrates; 'Discourse to Nicocles。' who counselled his king to make
the traffics and negotiations of his subjects; free; frank; and of profit
to them; and their quarrels and disputes burdensome; and laden with heavy
impositions and penalties; but; by a prodigious opinion; to make sale of
reason itself; and to give to laws a course of merchandise。 I think
myself obliged to fortune that; as our historians report; it was a Gascon
gentleman; a countryman of mine; who first opposed Charlemagne; when he
attempted to impose upon us Latin and imperial laws。
What can be more savage; than to see a nation where; by lawful custom;
the office of a judge is bought and sold; where judgments are paid for
with ready money; and where justice may legitimately be denied to him
that has not wherewithal to pay; a merchandise in so great repute; as in
a government to create a fourth estate of wrangling lawyers; to add to
the three ancient ones of the church; nobility; and people; which fourth
estate; having the laws in their own hands; and sovereign power over
men's lives and fortunes; makes another body separate from nobility:
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 o