The Essays, vol 19 | Page 4

ought not to disdain any mediation that will guide us to it. Reason has so many forms that we know not to which to take; experience has no fewer; the consequence we would draw from the comparison of events is unsure, by reason they are always unlike. There is no quality so universal in this image of things as diversity and variety. Both the Greeks and the Latins and we, for the most express example of similitude, employ that of eggs; and yet there have been men, particularly one at Delphos, who could distinguish marks of difference amongst eggs so well that he never mistook one for another, and having many hens, could tell which had laid it.
Dissimilitude intrudes itself of itself in our works; no art can arrive at perfect similitude: neither Perrozet nor any other can so carefully polish and blanch the backs of his cards that some gamesters will not distinguish them by seeing them only shuffled by another. Resemblance does not so much make one as difference makes another. Nature has obliged herself to make nothing other that was not unlike.
And yet I am not much pleased with his opinion, who thought by the multitude of laws to curb the authority of judges in cutting out for them their several parcels; he was not aware that there is as much liberty and latitude in the interpretation of laws as in their form; and they but fool themselves, who think to lessen and stop our disputes by recalling us to the express words of the Bible: forasmuch as our mind does not find the field less spacious wherein to controvert the sense of another than to deliver his own; and as if there were less animosity and tartness in commentary than in invention. We see how much he was mistaken, for we have more laws in France than all the rest of the world put together, and more than would be necessary for the government of all the worlds of Epicurus:
"Ut olim flagitiis, sic nunc legibus, laboramus."
["As we were formerly by crimes, so we are now overburdened by laws."--Tacitus, Annal., iii. 25.]
and yet we have left so much to the opinions and decisions of our judges that there never was so full a liberty or so full a license. What have our legislators gained by culling out a hundred thousand particular cases, and by applying to these a hundred thousand laws? This number holds no manner of proportion with the infinite diversity of human actions; the multiplication of our inventions will never arrive at the variety of examples; add to these a hundred times as many more, it will still not happen that, of events to come, there shall one be found that, in this vast number of millions of events so chosen and recorded, shall so tally with any other one, and be so exactly coupled and matched with it that there will not remain some circumstance and diversity which will require a diverse judgment. There is little relation betwixt our actions, which are in perpetual mutation, and fixed and immutable laws; the most to be desired are those that are the most rare, the most simple and general; and I am even of opinion that we had better have none at all than to have them in so prodigious a number as we have.
Nature always gives them better and happier than those we make ourselves; witness the picture of the Golden Age of the Poets and the state wherein we see nations live who have no other. Some there are, who for their only judge take the first passer-by that travels along their mountains, to determine their cause; and others who, on their market day, choose out some one amongst them upon the spot to decide their controversies. What danger would there be that the wisest amongst us should so determine ours, according to occurrences and at sight, without obligation of example and consequence? For every foot its own shoe. King Ferdinand, sending colonies to the Indies, wisely provided that they should not carry along with them any students of jurisprudence, for fear lest suits should get footing in that new world, as being a science in its own nature, breeder of altercation and division; judging with Plato, "that lawyers and physicians are bad institutions of a country."
Whence does it come to pass that our common language, so easy for all other uses, becomes obscure and unintelligible in wills and contracts? and that he who so clearly expresses himself in whatever else he speaks or writes, cannot find in these any way of declaring himself that does not fall into doubt and contradiction? if it be not that the princes of that art, applying themselves with a peculiar attention to cull out portentous words and