his natural liberty had lived in entire peace and harmony with all others. What need of positive laws where natural justice is, of itself, a sufficient restraint? Why create magistrates where there never arises any disorder or iniquity? Why abridge our native freedom when, in every instance, the utmost exertion of it is found innocent and beneficial?
It is evident that if government were totally useless it never could have place, and that the sole foundation of the duty of allegiance is the advantage which it procures to society by preserving peace and order among mankind.
When a number of political societies are erected, and maintain a great intercourse together, a new set of rules are immediately discovered to be useful in that particular situation, and accordingly take place under the title of “Laws of Nations.” Of this kind are the sacredness of the persons of ambassadors, abstaining from poisoned arms, quarter in war, with others of that kind, which are plainly calculated for the advantage of states and kingdoms in their intercourse with each other.
The rules of justice, such as prevail among individuals, are not entirely suspended among political societies. All princes pretend a regard to the rights of others; and some, no doubt, without hypocrisy.
Alliances and treaties are every day made between independent states, which would only be so much waste of parchment if they were not found, by experience, to have some influence and authority. But here is the difference between kingdoms and individuals. Human nature cannot by any means subsist without the association of individuals; and that association never could have place were no regard paid to the laws of equity and justice. Disorder, confusion, the war of all against all, are the necessary consequences of such a licentious conduct.
But nations can subsist without intercourse. They may even subsist, in some degree, under a general war. The observance of justice, though useful among them, is not guarded by so strong a necessity as among individuals; and the moral obligation holds proportion with the usefulness. All politicians will allow, and most philosophers, that reasons of state may, in particular emergencies, dispense with the rules of justice, and invalidate any treaty or alliance where the strict observance of it would be prejudicial in a considerable degree to either of the contracting parties. But nothing less than the extremest necessity, it is confessed, can justify individuals in a breach of promise, Or an invasion of the properties of others.
In a confederated commonwealth, such as the Achæan Republic of old, or the Swiss Cantons and United Provinces in modern times; as the league has here a peculiar utility, the conditions of union have a peculiar sacredness and authority, and a violation of them would be equally criminal, Or even more criminal than any private injury or injustice.
The long and helpless infancy of man requires the combination of parents for the subsistence of their young, and that combination requires the virtue of chastity or fidelity to the marriage-bed.
Without such a utility, it will readily be owned that such a virtue would never have been thought of.
An infidelity of this nature is much more pernicious in women than in men; hence the laws of chastity are much stricter over the one sex than over the other.
These rules have all a reference to generation, and yet women past child-bearing are no more supposed to be exempted from them than those in the flower of their youth and beauty. General rules are often extended beyond the principle whence they first arise, and this holds in all matters of taste and sentiment. It is a vulgar story at Paris that during the rage of the Mississippi a hump-backed fellow went every day into the Rue de Quincempoix, where the stock-jobbers met in great crowds, and was well paid for allowing them to make use of his hump as a desk in order to sign their contracts upon it. Would the fortune which he raised by this invention make him a handsome fellow, though it be confessed that personal beauty arises very much from ideas of utility? The imagination is influenced by association of ideas, which, though they arise at first from the judgment, are not easily altered by every particular exception that occurs to us. To which we may add, in the present case of chastity, that the example of the old would be pernicious to the young, and that women, continually thinking that a certain time would bring them the liberty of indulgence, would naturally advance that period and think more lightly of this whole duty so requisite to society.
Those who live in the same family have such frequent opportunities of licence of this kind that nothing could preserve purity of manners were marriage allowed among the nearest relations, or were any intercourse of love between them ratified by law and custom. Incest, therefore, being pernicious in a superior degree, has also a superior turpitude and moral deformity annexed to it.
What is the reason why, by the Athenian laws, one might marry a half-sister by the father but not by the mother? Plainly this:—The manners of the Athenians were so reserved that a man was never permitted to approach the women’s apartment, even in the same family, unless where he visited his own mother. His step-mother and her children were as much shut up from him as the women of any other family, and there was as little danger of any criminal correspondence between them. Uncles and nieces, for a like reason, might marry at Athens, but neither these nor half-brothers and sisters could contract that alliance at Rome, where the intercourse was more open between the sexes. Public utility is the cause of all these variations.
To repeat to a man’s prejudice anything that escaped him in private conversation, or to make any such use of his private letters, is highly blamed. The free and social intercourse of minds must be extremely checked where no such rules of fidelity are established.
Even in repeating stories, whence we can see no ill consequences to result, the giving one’s authors is regarded as a piece of indiscretion, if not of immorality. These stories, in passing from hand to hand and receiving all the usual variations, frequently come about to the persons concerned and produce animosities and quarrels among people whose intentions are the most innocent and inoffensive.
To pry into secrets, to open or even read the letters of others, to play the spy upon their words and looks and actions—what habits more inconvenient in society? what habits, of consequence, more blameable?
This principle is also the foundation of most of the laws of good manners, a kind of lesser morality calculated for the ease of company and conversation. Too much or too little ceremony are both blamed, and everything which promotes ease without an indecent familiarity is useful and laudable.
Constancy in friendships, attachments, and intimacies is commonly very commendable, and is requisite to support trust and good correspondence in society. But in places of general though casual concourse, where the pursuit of health and pleasure brings people promiscuously together, public conveniency has dispensed with this maxim, and custom there promotes an unreserved conversation for the time by indulging the privilege of dropping afterwards every indifferent acquaintance without breach of civility or good manners.
Even in societies which are established on principles the most immoral and the most destructive to the interests of the general society there are required certain rules which a species of false honour as well as private interest engages the members to observe. Robbers and pirates, it has often been remarked, could not maintain their pernicious confederacy did they not establish a new distributive justice among themselves and recall those laws of equity which they have violated with the rest of mankind.
“I hate a drinking companion,” says the Greek proverb, “who never forgets.” The follies of the last debauch should be buried in eternal oblivion, in order to give full scope to the follies of the next.
Among nations where an immoral gallantry, if covered with a thin veil of mystery, is in some degree authorized by custom, there immediately arise a set of rules calculated for the conveniency of that attachment.
The famous court or parliament of love in Provence decided formerly all difficult cases of this nature.
In societies for play there are laws required for the conduct of the game, and these laws are different in each game. The foundation, I own, of such societies is frivolous, and the laws are in a great measure, though not altogether, capricious and arbitrary. So far is there a material difference between them and the rules of justice, fidelity and loyalty. The general societies of men are absolutely requisite for the subsistence of the species, and the public conveniency, which regulates morals, is inviolably established in the nature of man and of the world in which he lives. The comparison, therefore, in these respects is very imperfect. We may only learn from it the necessity of rules wherever men have any intercourse with each other.
They cannot even pass each other on the road without rules. Waggoners, coachmen, and postilions have principles by which they give way, and these are chiefly founded on mutual ease and convenience. Sometimes also they are arbitrary, at least dependent on a kind of capricious analogy, like many of the reasonings of lawyers.[117] To carry the matter further, we may observe that it is impossible for men so much as to murder each other without statutes and maxims and an idea of justice and honour. War has its laws as well as peace, and even that sportive kind of war carried on among wrestlers, boxers, cudgel-players, gladiators, is regulated by fixed principles. Common interest and utility beget infallibly a standard of right and wrong among the parties concerned.
NOTE, OF POLITICAL SOCIETY.
[117] That the lighter machine yields to the heavier, and in machines of the same kind, that the empty yields to the loaded—this rule is founded on convenience. That those who are going to the capital take place of those who are coming from it—this seems to be founded on some idea of the dignity of the great city, and of the preference of the future to the past. From like reasons, among foot-walkers, the right-hand entitles a man to the wall and prevents jostling, which peaceable people find very disagreeable and inconvenient.
ALPHABETICAL ARRANGEMENT OF AUTHORITIES CITED BY HUME.
ÆMILIUS, PAULUS, Roman general, B.C. 230–157. Defeated Perseus of Macedonia.
AGATHOCLES, tyrant of Syracuse, born _circa_ B.C. 361, died 289.
ALCIBIADES, Athenian general and statesman, born B.C. 450, died B.C.
404. A disciple of Socrates, and noted for dissoluteness.
ALEXANDER the Great, born B.C. 356, died 323.
ANACHARSIS, Scythian philosopher, B.C. 600. Much esteemed by Solon.
ANTHONY, MARK, Triumvir, born _circa_ B.C. 85, died B.C. 30. Best known through his association with Cleopatra.
ANTIGONUS, one of the greatest generals of Alexander the Great. Slain in 301 at Ipsus.
ANTIPATER, minister of Philip of Macedon and Alexander the Great, died B.C. 319.
APPIANUS (Appian), belonged to the time of Trajan, and wrote the history of Rome in Greek.
ARATUS, general of the Achæan League, born B.C. 271, died 213.
ARBUTHNOT, JOHN, physician, born 1675, died 1735. Associate of Pope and Swift, and wrote on ancient measures, weights, and coins.
ARISTOTLE, philosopher, the Stagirite, born B.C. 384, died 332. Tutor of Alexander the Great.
ARRIANUS, Greek historian, resided at Rome in the second century, a disciple of Epictetus, died _circa_ A.D. 160.
ATHENÆUS, grammarian, born in Egypt in the third century.
ATTALUS, King of Pergamus, died B.C. 197.
AUGUSTUS, first Roman Emperor, born B.C. 63, grandnephew of Julius Cæsar, died A.D. 14.
CÆSAR, CAIUS JULIUS, B.C. 100–44, Roman warrior and administrator, known to every schoolboy from his _Commentaries_.
CAMILLUS, MARCUS FURIUS, died B.C. 365, Roman warrior, six times military tribune and five times dictator.
CARACALLA, brother of Geta, whom he murdered A.D. 212.
CATALINA, LUCIUS SERGIUS (Catiline), died B.C. 62, noted for his depraved habits and his conspiracy that drew from Cicero his famous orations.
CATO, MARCUS PORCIUS, surnamed from Utica, his birthplace, Uticensis, died B.C. 46.
CATO, the elder, born B.C. 234, died 149, noted for his courage and temperance.
CICERO, MARCUS TULLIUS, Roman orator, born B.C. 106, died 43.
CLAUDIUS, Roman Emperor, born B.C. 9, died A.D. 54. Visited Britain A.D. 43.
CLEOMENES, King of Sparta, died B.C. 220.
CLODIUS, enemy of Cicero, died B.C. 52. Used to go about Rome with an intimidating band of gladiators.
COLUMELLA, native of Spain, resided at Rome in the reign of Claudius, A.D. 41–54.
COMMODUS, Roman Emperor, son of Marcus Aurelius, born A.D. 161, died 192.
CTESIPHON. In his defence Demosthenes delivered his famous oration “On DEMETRIUS PHALEREUS, Greek orator and statesman, born B.C. 345, died _circa_ 283.
DEMOSTHENES, Greek orator, B.C. 385–322, whose speeches against the encroachments of Philip of Macedon have given the general term “philippics” to powerful invective.
DION CASSIUS, _circa_ 200–250, wrote history of Rome in Greek.
DIONYSIUS HALICARNASSÆUS, Greek rhetorician and historian, born B.C.
DIONYSIUS, the elder, tyrant of Syracuse, B.C. 430–367; besides being a warrior, was a patron of literary men and artists. Built Lautumiæ, the famous prison, called also the “Ear of Dionysius.”
DIODORUS SICULUS, wrote a universal history, flourished _circa_ B.C.
50.
DRUSUS, Roman consul, born B.C. 38.
EPAMINONDAS, Theban statesman and general, died B.C. 362.
FLORUS, Roman historian, lived in the reigns of Trajan and Hadrian.
FOLARD, JEAN CHARLES, military tactician, born at Avignon 1669, died 1752, published an edition of _Polybius_.
GARCILASSO DE LA VEGA, called the Inca because descended from the royal family of Peru (1530–1620), wrote _History of Peru_ and _History of Florida_.
GEE, JOSHUA, eighteenth-century London merchant, wrote _Trade and Navigation of Great Britain_ (1730).
GERMANICUS, son of Nero, died A.D. 19, aged 34.
GETA, second son of Emperor Severus, born A.D. 189, died 212.
GUICCIARDINI, FRANCISCO, Italian historian (1482–1540).
HANNIBAL, great Carthaginian general, born B.C. 247, died 183.
HELIOGABALUS, Roman emperor, born _circa_ A.D. 205, died 222.
HERODIAN, flourished in the third century, wrote in Greek a history of the period from the death of Marcus Aurelius to 238.
HESIOD, one of the earliest Greek poets, supposed to have flourished in the eighth century B.C. “Works and Days” is his best known poem.
HIERO II., King of Syracuse, died B.C. 215, aged 92. Archimedes lived in his reign.
HIRTIUS, Roman consul, contemporary with Cæsar and Cicero; is said to be the author of the eighth book of Cæsar’s _Commentaries_.
HYPERIDES, Athenian orator, died B.C. 322, disciple of Plato.
ISOCRATES, Greek orator, born B.C. 436, died 338.
JUSTIN, a Latin historian, lived in second or third century, epitomized _Historiæ Philippicæ of Trogus Pompeius, a native of Gaul_.
LIVIUS, TITUS (Livy), historian of Rome (B.C. 59–17). Of his 142 books, only 35 have been preserved.
LONGINUS, DIONYSIUS, Greek philosopher, died B.C. 273. His extensive knowledge earned him the title of “The living library.”
LUCIAN, Greek writer, lived in the time of Marcus Aurelius.
LYCURGUS, Spartan lawgiver, whose severe regulations made the Spartans a race of warriors, is said to have flourished in the ninth century B.C.
LYSIAS, Greek orator, born B.C. 458, died 373, wrote 230 orations, of which only 35 remain.
MACHIAVELLI, Florentine statesman and historian, born 1469, died 1527.
MAILLET, French writer, born 1656, died 1738, consul in Egypt and at Leghorn.
MARTIAL, Roman poet, born A.D. 43.
MASSINISSA, King of Numidia, born B.C. 238, died 148.
MAZARIN, JULES, cardinal, and first minister of Louis XIV. (1602–61).
NABIS, Spartan tyrant, died B.C. 192, noted for his cruelty.
NERO, Roman emperor, born A.D. 37, died 67.
OCTAVIUS, became Emperor Augustus.
OVIDIUS PUBLIUS NASO (Ovid), Roman poet, B.C. 43–A.D. 18, enjoyed the patronage of Augustus until banished A.D. 8. Chief works—_Amores_, _De PATERCULUS, Roman historian, born _circa_ B.C. 19, died A.D. 31.
PAUSANIAS, Greek writer, flourished _circa_ A.D. 120–140.
PERSEUS, or PERSES, last King of Macedonia. Ascended the throne B.C.
178.
PESCENIUS NIGER, became Roman Emperor in 193.
PETRONIUS, died A.D. 66, Roman author, lived at the court of Nero, and acquired celebrity for his licentiousness.
PHILIP of Macedon, born 382, assassinated 336.
PLATO, born B.C. 429, died 347.
PLAUTUS, Roman comedy writer, born _circa_ B.C. 255, died 184.
PLINY. There were two Plinys—one born A.D. 23, the other, nephew of the preceding, A.D. 62. The former was a naturalist; the latter a pleader and soldier, whose chief writings are his account of the Christians and _Epistles_.
PLUTARCH, celebrated biographer, died _circa_ B.C. 120.
POLYBIUS, Greek historian, B.C. 204–122. His history deals with Greece and Rome during the period 220–146, and is of great importance.
POMPEY the younger, born B.C. 75.
PRUSIAS, King of Bithynia, _circa_ B.C. 190.
PYRRHUS, King of Epirus, B.C. 318–272, one of the greatest warriors of ancient days.
SALLUSTIUS, CRISPUS CAIUS, Roman historian, B.C. 86–35, excluded from the Senate on account of his debauchery.
SENECA, LUCIUS ANNÆUS, Roman philosopher, A.D. 3–65, belonged to the Stoic school, and was believed to have been acquainted with St. Paul.
SERVIUS TULLIUS, sixth King of Rome, changed the constitution so that the plebs obtained political power.
SEVERUS, Roman Emperor, born A.D. 146, died at York 211. Wrote history of his own reign.
SOLON, celebrated Athenian legislator, died _circa_ B.C. 558, aged eighty. Established the principle that property, not birth, should entitle to state honours and offices.
STRABO, Greek historian and geographer, born _circa_ B.C. 50, died _circa_ A.D. 20. His chief work in seventeen books gives a description of different countries, manners and customs, particulars of their history, and eminent men.
SUETONIUS, Roman historian, born _circa_ A.D. 75, died _circa_ 160.
TACITUS, Roman historian, born _circa_ A.D. 54. His _Annales_ cover the period A.D. 14–68.
THEOCRITUS, Greek poet, lived third century B.C., considered the father of pastoral poetry. Visited the court of Ptolemæus Soter.
THRASYBULUS, Athenian naval commander, died B.C. 389.
THUCYDIDES, Greek historian, born B.C. 471, died _circa_ 401. His great work, the history of the Peloponnesian War, is the first example of philosophical history.
TIBERIUS, CLAUDIUS NERO, Roman Emperor, B.C. 42–A.D. 37, succeeded Augustus A.D. 14.
TIMOLEON, Greek general, born in Corinth _circa_ B.C. 400, died 337.
Resided at Syracuse.
TISSAPHERNES, Persian satrap, died B.C. 395. An intimate friend of Alcibiades.
TRAJANUS, MARCUS ULPIUS (Trajan), Roman Emperor, A.D. 52–117.
Succeeded to the throne in 98, and surnamed by the Senate “Optimus.”
VARRO, Roman writer, born B.C. 116, died 28. Reputed the most learned among the Romans, and wrote 490 books.
VAUBAN, SÉBASTIEN LE PRESTRE DE, Marshal of France and great military engineer, 1633–1707. Published works on sieges, frontiers, etc., and left twelve folio volumes of MS., and was pronounced the most upright, simple, true, and modest man of his age.
VESPASIAN, TITUS FLAVIUS, Roman Emperor, born A.D. 9, died 79.
VOPISCUS, Syracusan, flourished _circa_ A.D. 304. Wrote histories.
XENOPHON, Greek historian, born circa B.C. 450, a disciple and friend of Socrates.
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