“The little official of a moment ago, who had such a feeling for justice, suspected me of taking the side of thieves and assassins. On the contrary, I disapprove so strongly of theft and murder that I cannot endure even the authorised copy of them by the law, and it is painful to me to observe that judges have found no better way to punish rogues and homicides than by imitating them; for in truth, Tournebroche my son, what is fine or execution, save theft and murder, perpetrated with majestic punctiliousness? And do you not see that, notwithstanding all its splendour, our justice only attains to the shameful revenge of evil for evil, misery for misery; and to the doubling of crimes and sins for the sake of equilibrium and symmetry? It is possible, in the carrying out of this duty, to exercise a certain probity and disinterestedness. One may show oneself a l’Hospital as well as a Jeffreys, and for my part I know a magistrate who is an honest fellow enough. But to return to the principle of the thing, I have wanted to show the true character of an institution which the pride of the judges and the terror of the people, vying with each other, have clothed in borrowed majesty. I have wanted to show the humble origin of these codes they wish to make august, and which are in reality but an odd heap of expedients. “Alas! laws emanate from man; a poor and miserable origin. They are mostly born of occasion. Ignorance, superstition, the pride of princes, the interests of the legislator, caprice, fantasy—these are the sources of the great body of the law, which becomes worthy of veneration when it is no longer intelligible. This obscurity that envelops it, thickened by the commentators, gives it the majesty of the oracles of old. I hear on all sides, and I read in every paper, that nowadays we make laws fitting for the circumstance and the occasion. That is the view of the short-sighted, who fail to see that it is but following an immemorial custom, and that in all times laws have resulted from some chance thing. We complain also of the obscurity and contradiction into which legislators continually fall. And we fail to note that their predecessors were equally dense and confused. “In actual fact, Tournebroche my son, laws are good or bad less by their nature than in the way we use them, and such and such a provision, extremely wicked though it be, does no harm if the judge does not put it into force. Custom is stronger than law. Refinement of manners, gentleness of mind, are the only remedies one can reasonably bring for legal barbarity. For to correct laws by laws is to take a lengthy and uncertain road. Centuries alone undo the work of centuries. There is little hope that a French Numa will meet one day in the forest of Compiègne, or among the rocks of Fontainebleau, with another nymph Egeria, who shall dictate wise laws to him.”