The following quaint observations possess peculiar interest at the present
moment:
"Among the ancient Druids," says Mr. Owen Feltham, "it was absolutely
forbidden to register their laws in writing. And Caesar, in his Gallique
Wars, gives us two reasons for it. One, that their mysteries might not
come to be profaned and encommoned by the vulgar: another, that not being
written, they might be more careful ever to carry them in their thoughts
and memory. Though doubtless it was as well to preserve their own
authority, to keep the people to a recourse to them, and to a reverence
and esteem of their judgments. Besides, it oft falls out that what is
written, though it were a good law when made, yet by the emergency of
affairs, and the condition of men and times, it happens to be bad and
alterable. And we find it to be evidently true, that, as where there are
many physicians, there are many diseases; so where there are many laws,
there are likewise many enormities. That nation that swarms with law and
lawyers, certainly abounds with vice and corruption. Where you find much
fowl resort, you may be sure there is no want of either water, mud, or
weeds.
"In the beginning of thriving states, when they are more industrious and
innocent, they have then the fewest laws. Rome itself had at first but
twelve tables. But after, how infinitely did their number of laws increase!
Old states, like old bodies will be sure to contract diseases. And where
the law-makers are many, the laws will never be few. That nation is in
best estate that hath the fewest laws, and those good. Variety does but
multiply snares. If every bush be limed, there is no bird can escape with
all his feathers free. And many times when the law did not intend it, men
are made guilty by the pleader's oratory; either to express his eloquence,
to advance his practice, or out of mastery to carry his cause: like a
garment pounced with dust, the business is so smeared and tangled that
without a Galilaeus his glass, you can never come to discern the spots of
this changeable moon. Sometimes to gratify a powerful party, justice is
made blind through corruption, as well as out of impartiality. That indeed,
by reason of the non-integrity of men. To go to law, is, for two to
contrive the kindling of a fire at their own cost, to warm others, and
singe themselves to cinders. Because they cannot agree to what is truth
and equity, they will both agree to plume themselves, that others may be
stuck with their feathers."