The Essays of Montaigne — Volume 19 eBook

This eBook from the Gutenberg Project consists of approximately 95 pages of information about The Essays of Montaigne — Volume 19.

The Essays of Montaigne — Volume 19 eBook

This eBook from the Gutenberg Project consists of approximately 95 pages of information about The Essays of Montaigne — Volume 19.

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 to contrive artificial sentences, have so weighed every syllable, and so thoroughly sifted every sort of quirking connection that they are now confounded and entangled in the infinity of figures and minute divisions, and can no more fall within any rule or prescription, nor any certain intelligence: 

          “Confusum est, quidquid usque in pulverem sectum est.”

     ["Whatever is beaten into powder is undistinguishable (confused).” 
     —­Seneca, Ep., 89.]

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The Essays of Montaigne — Volume 19 from Project Gutenberg. Public domain.