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other： so do the laws serve； and are fitted to every one of our affairs；
by some wrested； biassed； and forced interpretation。
Since the ethic laws； that concern the particular duty of every one in
himself； are so hard to be framed； as we see they are； 'tis no wonder if
those which govern so many particulars are much more so。 Do but consider
the form of this justice that governs us； 'tis a true testimony of human
weakness； so full is it of error and contradiction。 What we find to be
favour and severity in justiceand we find so much of them both； that I
know not whether the medium is as often met with are sickly and unjust
members of the very body and essence of justice。 Some country people
have just brought me news in great haste； that they presently left in a
forest of mine a man with a hundred wounds upon him； who was yet
breathing； and begged of them water for pity's sake； and help to carry
him to some place of relief； they tell me they durst not go near him； but
have run away； lest the officers of justice should catch them there； and
as happens to those who are found near a murdered person； they should be
called in question about this accident； to their utter ruin； having
neither money nor friends to defend their innocence。 What could I have
said to these people？ 'Tis certain that this office of humanity would
have brought them into trouble。
How many innocent people have we known that have been punished； and this
without the judge's fault； and how many that have not arrived at our
knowledge？ This happened in my time： certain men were condemned to die
for a murder committed； their sentence； if not pronounced； at least
determined and concluded on。 The judges； just in the nick； are informed
by the officers of an inferior court hard by； that they have some men in
custody； who have directly confessed the murder； and made an indubitable
discovery of all the particulars of the fact。 Yet it was gravely
deliberated whether or not they ought to suspend the execution of the
sentence already passed upon the first accused： they considered the
novelty of the example judicially； and the consequence of reversing
judgments； that the sentence was passed； and the judges deprived of
repentance； and in the result； these poor devils were sacrificed by the
forms of justice。 Philip； or some other； provided against a like
inconvenience after this manner。 He had condemned a man in a great fine
towards another by an absolute judgment。 The truth some time after being
discovered； he found that he had passed an unjust sentence。 On one side
was the reason of the cause； on the other side； the reason of the
judicial forms： he in some sort satisfied both； leaving the sentence in
the state it was； and out of his own purse recompensing the condemned
party。 But he had to do with a reparable affair； my men were irreparably
hanged。 How many condemnations have I seen more criminal than the crimes
themselves？
All which makes me remember the ancient opinions； 〃That 'tis of necessity
a man must do wrong by retail who will do right in gross； and injustice
in little things； who would come to do justice in great： that human
justice is formed after the model of physic； according to which； all that
is useful is also just and honest： and of what is held by the Stoics；
that Nature herself proceeds contrary to justice in most of her works：
and of what is received by the Cyrenaics； that there is nothing just of
itself； but that customs and laws make justice： and what the Theodorians
held that theft； sacrilege； and all sorts of uncleanness； are just in a
sage； if he knows them to be profitable to him。〃 There is no remedy： I
am in the same case that Alcibiades was； that I will never； if I can help
it； put myself into the hands of a man who may determine as to my head；
where my life and honour shall more depend upon the skill and diligence
of my attorney than on my own innocence。 I would venture myself with
such justice as would take notice of my good deeds； as well as my ill；
where I had as much to hope as to fear： indemnity is not sufficient pay
to a man who does better than not to do amiss。 Our justice presents to
us but one hand； and that the left hand； too； let him be who he may； he
shall be sure to come off with loss。
In China； of which kingdom the government and arts； without commerce with
or knowledge of ours； surpass our examples in several excellent features；
and of which the history teaches me how much greater and more various the
world is than either the ancients or we have been able to penetrate； the
officers deputed by the prince to visit the state of his provinces； as
they punish those who behave themselves ill in their charge； so do they
liberally reward those who have conducted themselves better than the
common sort； and beyond the necessity of their duty； these there present
themselves； not only to be approved but to get； not simply to be paid；
but to have a present made to them。
No judge； thank God； has ever yet spoken to me in the quality of a judge；
upon any account whatever； whether my own or that of a third party；
whether criminal or civil； nor no prison has ever received me； not even
to walk there。 Imagination renders the very outside of a jail
displeasing to me； I am so enamoured of liberty； that should I be
interdicted the access to some corner of the Indies； I should live a
little less at my ease； and whilst I can find earth or air open
elsewhere； I shall never lurk in any place where I must hide myself。
My God！ how ill should I endure the condition wherein I see so many
people； nailed to a corner of the kingdom； deprived of the right to enter
the principal cities and courts； and the liberty of the public roads；
for having quarrelled with our laws。 If those under which I live should
shake a finger at me by way of menace； I would immediately go seek out
others； let them be where they would。 All my little prudence in the
civil wars wherein we are now engaged is employed that they may not
hinder my liberty of going and coming。
Now； the laws keep up their credit； not for being just； but because they
are laws； 'tis the mystic foundation of their authority； they have no
other； and it well answers their purpose。 They are often made by fools；
still oftener by men who； out of hatred to equality； fail in equity； but
always by men； vain and irresolute authors。 There is nothing so much；
nor so grossly； nor so ordinarily faulty； as the laws。 Whoever obeys
them because they are just； does not justly obey them as he ought。 Our
French laws； by their irregularity and deformity； lend； in some sort； a
helping hand to the disorder and corruption that all manifest in their
dispensation and execution： the command is so perplexed and inconstant；
that it in some sort excuses alike disobedience and defect in the
interpretation； the administration and the observation of it。 What fruit
then soever we may extract from experience； that will little advantage
our institution； which we draw from foreign examples； if we make so
little profit of that we have of our own； which is more familiar to us；
and； doubtless； sufficient to instruct us in that