like a brave warrior; but you, bear, sit there and cry, and disgrace your tribe by your cowardly conduct.' 385. EQUITY in Law, is the same that the Spirit is in Religion, what every one pleases to make it; sometimes they go according to Conscience, sometimes according to Law, sometimes according to the Rule of Court. Equity is a Roguish thing, for Law we have a measure, know what to trust to, Equity is according to the Conscience of him that is Chancellor, and as that is larger or narrower, so is Equity. 'Tis all one as if they should make the Standard for the measure, we call [a Foot] a Chancellor's Foot, what an uncertain Measure would this be? One Chancellor has a long Foot, another a short Foot, a third an indifferent Foot: 'Tis the same thing in the Chancellor's Conscience. That saying, Do as you would be done to, is often misunderstood, for 'tis not thus meant, that I a private Man should do to you a private Man, as I would have you to me, but do, as we have agreed to do one to another by public Agreement. If the prisoner should ask the Judge, whether he would be content to be hanged, were he in his case, he would answer no. says the Prisoner, do as you would be done to; neither of them must do as private Men, but the Judge must do by him as they have publicly agreed, that is both Judge and Prisoner have consented to a Law, that if either of them steal, they shall be hanged. J. SELDEN Then 386. SOCRATES ON PLEASURE AND PAIN. In the account which Plato gives us of the conversation and behaviour of Socrates the morning he was to die, he tells the following circumstance: When Socrates his fetters were knocked off (as was usual to be done on the day that the condemned person was to be executed), being seated in the midst of his disciples, and laying one of his legs over the other, in a very unconcerned posture, he began to rub it where it had been galled by the iron; and whether it was to shew the indifference with which he entertained the thoughts of his approaching death, or (after his usual manner) to take every occasion of philosophizing upon some useful subject, he observed the pleasure of that sensation which now arose in those very parts of his leg, that just before had been so much pained by the fetter. Upon this he reflected on the nature of pleasure and pain in general, and how constantly they succeed one another. To this he added, That if a man of a good genius for a fable were to represent the nature of pleasure and pain in that way of writing, he would probably join them together after such a manner, that it would be impossible for the one to come into any place without being followed by the other. SPECTATOR 387. LETTER TO J. MONCK MASON CONCERNING W. G. HAMILTON. The way in which you take up my affairs binds me to you in a manner I cannot express; for, to tell you the truth, I never can (knowing as I do, the principles upon which I always endeavour to act) submit to any sort of compromise of my character; and I shall never, therefore, look upon those who, after hearing the whole story, do not think me perfectly in the right, and do not consider Hamilton as an infamous scoundrel, to be in the smallest degree my friends, or even to be persons for whom I am bound to have the slightest esteem as fair or just estimators of the characters and conduct of men. Situated as I am, and feeling as I do, I should be just as well pleased that they totally condemned me, as that they should say that there were faults on both sides, or that it was a disputable case, as I hear is (I cannot forbear saying) the affected language of some persons. If the absurdity of an accusation were a sufficient antidote against the poison of it, this would, I suppose, be the most innocent charge in the world; but if its absurdity weakens the force of it to the conviction of others, it adds to my feeling of it, when I reflect that there is any person, who has ever seen my face, that can listen to such calumny. E. BURKE 388. OUR CAPACITY FOR HAPPINESS. It is plain that there is a capacity in the nature of man, which neither riches, nor honours, nor sensual gratifications, nor anything in this world, can perfectly fill up, or satisfy; there is a deeper and more essential want than any of these things can be the supply of. Yet surely there is a possibility of somewhat, which may fill up all our capacities of happiness; somewhat, in which our souls may find rest; somewhat which may be to us that satisfactory good we are inquiring after. But it cannot be anything which is valuable, only as it tends to some further end. Those, therefore, who have got this world so much into their hearts, as not to be able to consider happiness as consisting in anything but property and possessions, which are only valuable as the means to somewhat else, cannot have the least glimpse of the subject before us; which is the end, not the means; the thing itself, not somewhat in order to it. But if you can lay aside that general, confused, undeterminate notion of happiness, as consisting in such possessions, and fix in your thoughts, that it really can consist in nothing but in a faculty's having its proper object; you will clearly see, that in the coolest way of consideration, without either the heat of fanciful enthusiasm, or the warmth of real devotion, nothing is more certain than that an infinite Being may himself be, if he pleases, the supply to all the capacities of our nature. All the common enjoyments of life are from the faculties he hath endued us with, and the objects he hath made suitable to them. He may himself be to us infinitely more than all these: he may be to us all that we want. J. BUTLER 389. THE RIGHTS OF THE PEOPLE. Gentlemen, I am neither vindicating, nor speaking, the language of inflammation or discontent: I shall speak nothing that can disturb the order of the state, I am full of devotion to its dignity and tranquillity, and would not for worlds let fall an expression in this or in any other place that could lead to disturbance or disorder: but for that very reason, I speak with firmness of the Rights of the People, and am anxious for the redress of their complaints; because I believe a system of attention to them to be a far better security and establishment of every part of government, than those that are employed to preserve them. The state and government of a country rest for their support on the great body of the people; and I hope never to hear it repeated, that peaceably to convene the people upon the subject of their own privileges, can lead to the destruction of the king. They are the king's worst enemies who hold this language. It is a most dangerous principle, that the crown is in jeopardy if the people are acquainted with their rights, and that the collecting them together to consider of them, leads inevitably to the destruction of the Sovereign. LORD ERSKINE 390. NIAL GOVERNOR. DESPOTISM NOT THE DUTY OF AN ENGLISH COLO- potism is the constitution of any country in Asia, that we are acquainted with. It is certainly not true of any Mahommedan constitution. But, if it were, do your Lordships really think, that the nation would bear, that any human creature would bear to hear an English Governour defend himself on such principles? or, if he can defend himself on such principles, is it possible to deny the conclusion, that no man in India has a security for anything, but by being totally independent of the British Government? Here he has declared his opinion, that he is a despotic prince, that he is to use arbitrary power, and of course all his acts are covered with that shield. 'I know,' says he, 'the constitution of Asia only from practice.' Will your lordships submit to hear the corrupt practices of mankind made the principles of government? No; it will be your pride and glory to teach men entrusted with power, that, in their use of it, they are to conform to principles, and not to draw their principles from the corrupt practice of any man whatever. Was there ever heard, or could it be conceived, that a governour would dare to heap up all the evil practices, all the cruelties, oppressions, extortions, corruptions, briberies, of all the ferocious usurpers, desperate robbers, thieves, cheats, and jugglers, that ever had office from one end of Asia to another, and consolidating all the mass of the crimes and absurdities of barbarous domination into one code, establish it as the whole duty of an English Governour? I believe that till this time so audacious a thing was never attempted by man. E. BURKE 391. FITNESS TO GOVERN. To say that the more capable, or the better deserver, hath such right to govern as he may compulsorily bring under the less worthy, is idle. Men will never agree upon it, who is the more worthy. For it is not only in order of nature for him to govern that is the more intelligent, as Aristotle would have it; but there is no less required for government, courage to protect; and above all, honesty and probity of the will, to abstain from injury. So fitness to govern is a perplexed business. Some men, some nations, excel in the one ability, some in the other. Therefore the position which I intend is not in the comparative, that the wiser or the stouter or the juster nation should govern; but in the privative, that where there is an heap of people (though we term it a kingdom or state) that is altogether unable or indign to govern, there it is a just cause of war for another nation, that is civil or policied, to subdue them: and this, though it were to be done by a Cyrus or a Cæsar, that were no Christian. LORD BACON 392. THE LAW OF SOLON is also justly commended, which forbids men to speak ill of the dead. For piety requires us to consider the deceased as sacred; justice calls upon us to spare those that are not in being; and a good policy to prevent the perpetuating of hatred. He forbade his people also to revile the living in a temple, in a court of justice, in the great assembly of the people or at the public games. He that offended in this respect was to pay three drachmas to the person injured, and two to the public. Never to restrain anger is indeed a proof of weakness or want of breeding; and always to guard against it is very difficult, and to some persons impossible. Now what is enjoined by law should be practicable, if the legislator desires to punish a few to some good purpose, and not many to no purpose. His law concerning wills has likewise its merit. For, before his time, the Athenians were not allowed to dispose of their estates by will; the houses and other substance of the deceased were to remain among his relations. But he permitted any one who had not children to leave his possessions to whom he pleased; thus preferring the tie of friendship to that of kindred, and choice to necessity; he gave every man the full and free disposal of his own; yet he allowed not all sorts of legacies, but those only which were not extorted by frenzy, the consequence of disease or poisons, by imprisonment or violence, or the persuasions of a wife. PLUTARCH 393. THE VICTORY OF FAITH. To think and believe ill of our brethren is the very way to make them what we believe them to be; to think and believe well of them encourages them and makes them better. Your despair of them drives them also to despondence. Your hope of them fills them with hope. The one dismays them almost as if they saw the spectre of their sins stalking abroad in the sight of the world. The other is like the angel of their better nature, cheering them and beckoning them forward. The most conspicuous examples of this are those which are of such frequent occurrence in war; when there is the most |