THE COMPLETE ESSAYS OF MONTAIGNE (Annotated Edition). Michel de Montaigne
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them to their own manners, do only very ignorantly and unprofitably commit them to memory. But let us return to the empire of custom.
Such people as have been bred up to liberty, and subject to no other dominion but the authority of their own will, look upon all other form of government as monstrous and contrary to nature. Those who are inured to monarchy do the same; and what opportunity soever fortune presents them with to change, even then, when with the greatest difficulties they have disengaged themselves from one master, that was troublesome and grievous to them, they presently run, with the same difficulties, to create another; being unable to take into hatred subjection itself.
’Tis by the mediation of custom, that every one is content with the place where he is planted by nature; and the Highlanders of Scotland no more pant after Touraine; than the Scythians after Thessaly. Darius asking certain Greeks what they would take to assume the custom of the Indians, of eating the dead bodies of their fathers (for that was their use, believing they could not give them a better nor more noble sepulture than to bury them in their own bodies), they made answer, that nothing in the world should hire them to do it; but having also tried to persuade the Indians to leave their custom, and, after the Greek manner, to burn the bodies of their fathers, they conceived a still greater horror at the motion. [Herodotus, iii. 38.] Every one does the same, for use veils from us the true aspect of things.
“Nil adeo magnum, nec tam mirabile quidquam
Principio, quod non minuant mirarier omnes Paullatim.”
[“There is nothing at first so grand, so admirable, which by degrees
people do not regard with less admiration.”—Lucretius, ii. 1027]
Taking upon me once to justify something in use amongst us, and that was received with absolute authority for a great many leagues round about us, and not content, as men commonly do, to establish it only by force of law and example, but inquiring still further into its origin, I found the foundation so weak, that I who made it my business to confirm others, was very near being dissatisfied myself. ’Tis by this receipt that Plato [Laws, viii. 6.] undertakes to cure the unnatural and preposterous loves of his time, as one which he esteems of sovereign virtue, namely, that the public opinion condemns them; that the poets, and all other sorts of writers, relate horrible stories of them; a recipe, by virtue of which the most beautiful daughters no more allure their fathers’ lust; nor brothers, of the finest shape and fashion, their sisters’ desire; the very fables of Thyestes, OEdipus, and Macareus, having with the harmony of their song, infused this wholesome opinion and belief into the tender brains of children. Chastity is, in truth, a great and shining virtue, and of which the utility is sufficiently known; but to treat of it, and to set it off in its true value, according to nature, is as hard as ’tis easy to do so according to custom, laws, and precepts. The fundamental and universal reasons are of very obscure and difficult research, and our masters either lightly pass them over, or not daring so much as to touch them, precipitate themselves into the liberty and protection of custom, there puffing themselves out and triumphing to their heart’s content: such as will not suffer themselves to be withdrawn from this original source, do yet commit a greater error, and subject themselves to wild opinions; witness Chrysippus, [Sextus Empiricus, Pyyrhon. Hypotyp., i. 14.] who, in so many of his writings, has strewed the little account he made of incestuous conjunctions, committed with how near relations soever.
Whoever would disengage himself from this violent prejudice of custom, would find several things received with absolute and undoubting opinion, that have no other support than the hoary head and rivelled face of ancient usage. But the mask taken off, and things being referred to the decision of truth and reason, he will find his judgment as it were altogether overthrown, and yet restored to a much more sure estate. For example, I shall ask him, what can be more strange than to see a people obliged to obey laws they never understood; bound in all their domestic affairs, as marriages, donations, wills, sales, and purchases, to rules they cannot possibly know, being neither written nor published in their 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