ttle 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 i
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