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полная версияThe Uncollected Writings of Thomas de Quincey, Vol. 2

Томас де Квинси
The Uncollected Writings of Thomas de Quincey, Vol. 2

 
And every man I met or faced,
Methought he knew some ill of me.
 

Some notice, perhaps, the newspaper had taken of this new satirical journal, or some extracts might have been made from it; at all events, I had ascertained its character so well that, in this respect, I had nothing to learn. It now remained to get the number which professed to be seasoned with my particular case; and it may be supposed that I did not loiter over my breakfast after this discovery. Something which I saw or suspected amongst the significant hints of a paragraph or advertisement, made me fear that there might possibly be insinuations or downright assertion in the libel requiring instant public notice; and, therefore, on a motive of prudence, had I even otherwise felt that indifference for slander which now I do feel, but which, in those years, morbid irritability of temperament forbade me to affect, I should still have thought it right to look after the work; which now I did: and, by nine o'clock in the morning—an hour at which few people had seen me for years—I was on my road to Smithfield. Smithfield? Yes; even so. All known and respectable publishers having declined any connexion with the work, the writers had facetiously resorted to this aceldama, or slaughtering quarter of London—to these vast shambles, as typical, I suppose, of their own slaughtering spirit. On my road to Smithfield, I could not but pause for one moment to reflect on the pure defecated malice which must have prompted an attack upon myself. Retaliation or retort it could not pretend to be. To most literary men, scattering their written reviews, or their opinions, by word of mouth, to the right and the left with all possible carelessness, it never can be matter of surprise, or altogether of complaint, (unless as a question of degrees,) that angry notices, or malicious notices, should be taken of themselves. Few, indeed, of literary men can pretend to any absolute innocence from offence, and from such even as may have seemed deliberate. But I, for my part, could. Knowing the rapidity with which all remarks of literary men upon literary men are apt to circulate, I had studiously and resolutely forborne to say anything, whether of a writer or a book, unless where it happened that I could say something that would be felt as complimentary. And as to written reviews, so much did I dislike the assumption of judicial functions and authority over the works of my own brother authors and contemporaries, that I have, in my whole life, written only two; at that time only one; and that one, though a review of an English novel, was substantially a review of a German book, taking little notice, or none, of the English translator; for, although he, a good German scholar now, was a very imperfect one at that time, and was, therefore, every way open to criticism, I had evaded this invidious office applied to a novice in literature, and (after pointing out one or two slight blemishes of trivial importance) all that I said of a general nature was a compliment to him upon the felicity of his verses. Upon the German author I was, indeed, severe, but hardly as much as he deserved. The other review was a tissue of merriment and fun; and though, it is true, I did hear that the fair authoress was offended at one jest, I may safely leave it for any reader to judge between us. She, or her brother, amongst other Latin epigrams had one addressed to a young lady upon the loss of her keys. This, the substance of the lines showed to have been the intention; but (by a very venial error in one who was writing Latin from early remembrance of it, and not in the character of a professing scholar) the title was written De clavis instead of De clavibus amissis; upon which I observed that the writer had selected a singular topic for condolence with a young lady,—viz., 'on the loss of her cudgels;' (clavis, as an ablative, coming clearly from clava). This (but I can hardly believe it) was said to have offended Miss H.; and, at all events, this was the extent of my personalities. Many kind things I had said; much honour; much admiration, I had professed at that period of my life in occasional papers or private letters, towards many of my contemporaries, but never anything censorious or harsh; and simply on a principle of courteous forbearance which I have felt to be due towards those who are brothers of the same liberal profession with one's self. I could not feel, when reviewing my whole life, that in any one instance, by act, by word, or by intention, I had offered any unkindness, far less any wrong or insult, towards a brother author. I was at a loss, therefore, to decipher the impulse under which the malignant libeller could have written, in making (as I suspected already) my private history the subject of his calumnies. Jealousy, I have since understood, jealousy, was the foundation of the whole. A little book of mine had made its way into drawing-rooms where some book of his had not been heard of. On reaching Smithfield, I found the publisher to be a medical bookseller, and, to my surprise, having every appearance of being a grave, respectable man; notwithstanding this undeniable fact, that the libellous journal, to which he thought proper to affix his sanction, trespassed on decency, not only by its slander, but, in some instances, by downright obscenity; and, worse than that, by prurient solicitations to the libidinous imagination, through blanks, seasonably interspersed. I said nothing to him in the way of inquiry; for I easily guessed that the knot of writers who were here clubbing their virus, had not so ill combined their plans as to leave them open to detection by a question from any chance stranger. Having, therefore, purchased a set of the journal, then amounting to three or four numbers, I went out; and in the elegant promenades of Smithfield, I read the lucubrations of my libeller. Fit academy for such amenities of literature! Fourteen years have gone by since then; and, possibly, the unknown hound who yelled, on that occasion, among this kennel of curs, may, long since, have buried himself and his malice in the grave. Suffice it here to say, that, calm as I am now, and careless on recalling the remembrance of this brutal libel, at that time I was convulsed with wrath. As respected myself, there was a depth of malignity in the article which struck me as perfectly mysterious. How could any man have made an enemy so profound, and not even have suspected it? That puzzled me. For, with respect to the other objects of attack, such as Sir Humphrey Davy, &c., it was clear that the malice was assumed; that, at most, it was the gay impertinence of some man upon town, armed with triple Irish brass from original defect of feeling, and willing to raise an income by running amuck at any person just then occupying enough of public interest to make the abuse saleable. But, in my case, the man flew like a bull-dog at the throat, with a pertinacity and acharnement of malice that would have caused me to laugh immoderately, had it not been for one intolerable wound to my feelings. These mercenary libellers, whose stiletto is in the market, and at any man's service for a fixed price, callous and insensible as they are, yet retain enough of the principles common to human nature, under every modification, to know where to plant their wounds. Like savage hackney coachmen, they know where there is a raw. And the instincts of human nature teach them that every man is vulnerable through his female connexions. There lies his honour; there his strength; there his weakness. In their keeping is the heaven of his happiness; in them and through them the earthy of its fragility. Many there are who do not feel the maternal relation to be one in which any excessive freight of honour or sensibility is embarked. Neither is the name of sister, though tender in early years, and impressive to the fireside sensibilities, universally and through life the same magical sound. A sister is a creature whose very property and tendency (qua sister) is to alienate herself, not to gather round your centre. But the names of wife and daughter these are the supreme and starry charities of life: and he who, under a mask, fighting in darkness, attacks you there, that coward has you at disadvantage. I stood in those hideous shambles of Smithfield: upwards I looked to the clouds, downwards to the earth, for vengeance. I trembled with excessive wrath—such was my infirmity of feeling at that time, and in that condition of health; and had I possessed forty thousand lives, all, and every one individually, I would have sacrificed in vindication of her that was thus cruelly libelled. Shall I give currency to his malice, shall I aid and promote it by repeating it? No. And yet why not? Why should I scruple, as if afraid to challenge his falsehoods?—why should I scruple to cite them? He, this libeller, asserted—But faugh!

This slander seemed to have been built upon some special knowledge of me; for I had often spoken with horror of those who could marry persons in a condition which obliged them to obedience—a case which had happened repeatedly within my own knowledge; and I had spoken on this ground, that the authority of a master might be supposed to have been interposed, whether it really were so or not in favour of his designs; and thus a presumption, however false it might be, always remained that his wooing had been, perhaps, not the wooing of perfect freedom, so essential to the dignity of woman, and, therefore, essential to his own dignity; but that perhaps, it had been favoured by circumstances, and by opportunities created, if it had not even been favoured, by express exertions of authority. The libeller, therefore, did seem to have some knowledge of my peculiar opinions: yet, in other points, either from sincere ignorance or from affectation, and by way of turning aside suspicion, he certainly manifested a non-acquaintance with facts relating to me that must have been familiar enough to all within my circle.

 

Let me pursue the case to its last stage. The reader will say, perhaps, why complain of a paltry journal that assuredly never made any noise; for I, the reader, never heard of it till now. No, that is very possible; for the truth is, and odd enough it seems, this malicious journal prospered so little, that, positively, at the seventh No. it stopped. Laugh I did, and laugh I could not help but do, at this picture of baffled malice: writers willing and ready to fire with poisoned bullets, and yet perfectly unable to get an effective aim, from sheer want of co-operation on the part of the public.

However, the case as it respected me, went farther than it did with respect to the public. Would it be believed that human malice, with respect to a man not even known by sight to his assailants, as was clear from one part of their personalities, finally—that is to say, months afterwards—adopted the following course:—The journal had sunk under public scorn and neglect; neglect at first, but, perhaps, scorn at the last; for, when the writers found that mere malice availed not to draw public attention, they adopted the plan of baiting their hooks with obscenity; and they published a paper, professing to be written by Lord Byron, called, 'My Wedding Night;' and very possible, from internal evidence, to have been really written by him; and yet the combined forces of Byron and obscenity failed to save them,—which is rather remarkable. Having sunk, one might suppose the journal was at an end, for good and evil; and, especially, that all, who had been molested by it, or held up to ridicule, might now calculate on rest. By no means: First of all they made inquiries about the localities of my residence, and the town nearest to my own family. Nothing was effected unless they carried the insult, addressed to my family, into the knowledge of that family and its circle. My cottage in Grasmere was just 280 miles from London, and eighteen miles from any town whatsoever. The nearest was Kendal; a place of perhaps 16,000 inhabitants; and the nearest therefore, at which there were any newspapers printed. There were two: one denominated The Gazette; the other The Chronicle. The first was Tory and Conservative; had been so from its foundation; and was, besides, generous in its treatment of private character. My own contributions to it I will mention hereafter. The Chronicle, on the other hand, was a violent reforming journal, and conducted in a partisan spirit. To this newspaper the article was addressed; by this newspaper it was published; and by this it was carried into my own 'next-door' neighbourhood. Next-door neighbourhood? But that surely must be the very best direction these libellers could give to their malice; for there, at least, the falsehood of their malice must be notorious. Why, yes: and in that which was my neighbourhood, according to the most literal interpretation of the term, a greater favour could not have been done me, nor a more laughable humiliation for my unprovoked enemies. Commentary or refutation there needed none; the utter falsehood of the main allegations were so obvious to every man, woman, and child, that, of necessity, it discredited even those parts which might, for any thing known to my neighbours, have been true. Nay, it was the means of procuring for me a generous expression of sympathy, that would else have been wanting; for some gentlemen of the neighbourhood, who were but slightly known to me, put the malignant journal into the fire at a public reading-room. So far was well; but, on the other hand, in Kendal, a town nearly twenty miles distant, of necessity I was but imperfectly known; and though there was a pretty general expression of disgust at the character of the publication, and the wanton malignity which it bore upon its front, since, true or not true, no shadow of a reason was pleaded for thus bringing forward statements expressly to injure me, or to make me unhappy; yet there must have been many, in so large a place, who had too little interest in the question, or too limited means of inquiry, for ever ascertaining the truth. Consequently, in their minds, to this hour, my name, as one previously known to them, and repeatedly before the town in connexion with political or literary articles in their Conservative journal, must have suffered.

But the main purpose, for which I have reported the circumstances of these two cases, relates to the casuistry of duelling. Casuistry, as I have already said, is the moral philosophy of cases—that is, of anomalous combinations of circumstances—that, for any reason whatsoever, do not fall, or do not seem to fall, under the general rules of morality. As a general rule, it must, doubtless, be unlawful to attempt another man's life, or to hazard your own. Very special circumstances must concur to make out any case of exception; and even then it is evident, that one of the parties must always be deeply in the wrong. But it does strike me, that the present casuistry of society upon the question of duelling, is profoundly wrong, and wrong by manifest injustice. Very little distinction is ever made, in practice, by those who apply their judgments to such cases, between the man who, upon principle, practises the most cautious self-restraint and moderation in his daily demeanour, never under any circumstance offering an insult, or any just occasion of quarrel, and resorting to duel only under the most insufferable provocation, between this man, on the one side, and the most wanton ruffian, on the other, who makes a common practice of playing upon other men's feelings, whether in reliance upon superior bodily strength, or upon the pacific disposition of conscientious men, and fathers of families. Yet, surely, the difference between them goes the whole extent of the interval between wrong and right. Even the question, 'Who gave the challenge?' which is sometimes put, often merges virtually in the transcendant question, 'Who gave the provocation?' For it is important to observe, in both the cases which I have reported, that the onus of offering the challenge was thrown upon the unoffending party; and thus, in a legal sense, that party is made to give the provocation who, in a moral sense, received it. But surely, if even the law makes allowances for human infirmity, when provoked beyond what it can endure,—we, in our brotherly judgments upon each other, ought, a fortiori, to take into the equity of our considerations the amount and quality of the offence. It will be objected that the law, so far from allowing for, expressly refuses to allow for, sudden sallies of anger or explosions of vindictive fury, unless in so far as they are extempore, and before the reflecting judgment has had time to recover itself. Any indication that the party had leisure for calm review, or for a cool selection of means and contrivances in executing his vindictive purposes, will be fatal to a claim of that nature. This is true; but the nature of a printed libel is, continually to renew itself as an insult. The subject of it reads this libel, perhaps, in solitude; and, by a great exertion of self-command, resolves to bear it with fortitude and in silence. Some days after, in a public room, he sees strangers reading it also: he hears them scoffing and laughing loudly: in the midst of all this, he sees himself pointed out to their notice by some one of the party who happens to be acquainted with his person; and, possibly, if the libel take that particular shape which excessive malice is most likely to select, he will hear the name of some female relative, dearer, it may be to him, and more sacred in his ears, than all this world beside, bandied about with scorn and mockery by those who have not the poor excuse of the original libellers, but are, in fact, adopting the second-hand malignity of others. Such cases, with respect to libels that are quickened into popularity by interesting circumstances, or by a personal interest attached to any of the parties, or by wit, or by extraordinary malice, or by scenical circumstances, or by circumstances unusually ludicrous, are but too likely to occur; and, with every fresh repetition, the keenness of the original provocation is renewed, and in an accelerated ratio. Again, with reference to my own case, or to any case resembling that, let it be granted that I was immoderately and unreasonably transported by anger at the moment;—I thought so myself, after a time, when the journal which published the libel sank under the public neglect; but this was an after consideration; and, at the moment, how heavy an aggravation was given to the stings of the malice, by the deep dejection, from embarrassed circumstances and from disordered health, which then possessed me; aggravations, perhaps, known to the libellers as encouragements for proceeding at the time, and often enough likely to exist in other men's cases. Now, in the case as it actually occurred, it so happened that the malicious writers had, by the libel, dishonoured themselves too deeply in the public opinion, to venture upon coming forward, in their own persons, to avow their own work; but suppose them to have done so (as, in fact, even in this case, they might have done, had they not published their intention of driving a regular trade in libel and in slander); suppose them insolently to beard you in public haunts; to cross your path continually when in company with the very female relative upon whom they had done their best to point the finger of public scorn; and suppose them further, by the whole artillery of contemptuous looks, words, gestures, and unrepressed laughter, to republish, as it were, ratify, and publicly to apply, personally, their own original libel, as often as chance or as opportunity (eagerly improved) should throw you together in places of general resort; and suppose, finally, that the central figure—nay, in their account, the very butt throughout this entire drama of malice—should chance to be an innocent, gentle-hearted, dejected, suffering woman, utterly unknown to her persecutors, and selected as their martyr merely for her relationship to yourself—suppose her, in short, to be your wife—a lovely young woman sustained by womanly dignity, or else ready to sink into the earth with shame, under the cruel and unmanly insults heaped upon her, and having no protector upon earth but yourself: lay all this together, and then say whether, in such a case, the most philosophic or the most Christian patience might not excusably give way; whether flesh and blood could do otherwise than give way, and seek redress for the past, but, at all events, security for the future, in what, perhaps, might be the sole course open to you—an appeal to arms. Let it not be said that the case here proposed, by way of hypothesis, is an extreme one: for the very argument has contemplated extreme cases: since, whilst conceding that duelling is an unlawful and useless remedy for cases of ordinary wrong, where there is no malice to resist a more conciliatory mode of settlement, and where it is difficult to imagine any deliberate insult except such as is palliated by intoxication—conceding this, I have yet supposed it possible that cases may arise, with circumstances of contumely and outrage, growing out of deep inexorable malice, which cannot be redressed, as things now are, without an appeal to the voye de fait. 'But this is so barbarous an expedient in days of high civilisation.' Why, yes, it labours with the semi-barbarism of chivalry: yet, on the other hand, this mention of chivalry reminds me to say, that if this practice of duelling share the blame of chivalry, one memorable praise there is, which also it may claim as common to them both. It is a praise which I have often insisted on; and the very sublime of prejudice I would challenge to deny it. Burke, in his well-known apology for chivalry, thus expresses his sense of the immeasurable benefits which it conferred upon society, as a supplementary code of law, reaching those cases which the weakness of municipal law was then unavailing to meet, and at a price so trivial in bloodshed or violence—he calls it 'the cheap defence of nations.' Yes, undoubtedly; and surely the same praise belongs incontestably to the law of duelling. For one duel in esse, there are ten thousand, every day of our lives, amid populous cities, in posse: one challenge is given, a myriad are feared: one life (and usually the most worthless, by any actual good rendered to society) is sacrificed, suppose triennially, from a nation; every life is endangered by certain modes of behaviour. Hence, then, and at a cost inconceivably trifling, the peace of society is maintained in cases which no law, no severity of police, ever could effectually reach. Brutal strength would reign paramount in the walks of public life; brutal intoxication would follow out its lawless impulses, were it not for the fear which now is always in the rear—the fear of being summoned to a strict summary account, liable to the most perilous consequences. This is not open to denial: the actual basis upon which reposes the security of us all, the peace of our wives and our daughters, and our own immunity from the vilest degradations under their eyes, is the necessity, known to every gentleman, of answering for his outrages in a way which strips him of all unfair advantages, except one (which is not often possessed), which places the weak upon a level with the strong, and the quiet citizen upon a level with the military adventurer, or the ruffian of the gambling-house. The fact, I say, cannot be denied; neither can the low price be denied at which this vast result is obtained. And it is evident that, on the principle of expediency, adopted as the basis of morality by Paley, the justification of duelling is complete: for the greatest sum of immediate happiness is produced at the least possible sacrifice.15 But there are many men of high moral principle, and yet not professing to rest upon Christianity, who reject this prudential basis of ethics as the death of all morality. And these men hold, that the social recognition of any one out of the three following dangerous and immoral principles, viz.—1st, That a man may lawfully sport with his own life; 2dly, That he may lawfully sport with the life of another; 3dly, That he may lawfully seek his redress for a social wrong, by any other channel than the law tribunals of the land: that the recognition of these, or any of them, by the jurisprudence of a nation, is a mortal wound to the very key-stone upon which the whole vast arch of morality reposes. Well, in candour, I must admit that, by justifying, in courts of judicature, through the verdicts of juries, that mode of personal redress and self-vindication, to heal and prevent which was one of the original motives for gathering into social communities, and setting up an empire of public law as paramount to all private exercise of power, a fatal wound is given to the sanctity of moral right, of the public conscience, and of law in its elementary field. So much I admit; but I say also, that the case arises out of a great dilemma, with difficulties on both sides; and that, in all practical applications of philosophy, amongst materials so imperfect as men, just as in all attempts to realize the rigour of mathematical laws amongst earthly mechanics, inevitably there will arise such dilemmas and cases of opprobrium to the reflecting intellect. However, in conclusion, I shall say four things, which I request my opponent, whoever he may be, to consider; for they are things which certainly ought to have weight; and some important errors have arisen by neglecting them.

 

First, then, let him remember that it is the principle at stake—viz., the recognition by a legal tribunal, as lawful or innocent of any attempt to violate the laws, or to take the law into our own hands: this it is and the mortal taint which is thus introduced into the public morality of a Christian land, thus authentically introduced; thus sealed and countersigned by judicial authority; the majesty of law actually interfering to justify, with the solemnities of trial, a flagrant violation of law; this it is, this only, and not the amount of injury sustained by society, which gives value to the question. For, as to the injury, I have already remarked, that a very trivial annual loss—one life, perhaps, upon ten millions, and that life often as little practically valuable as any amongst us—that pays our fine or ransom in that account. And, in reality, there is one popular error made upon this subject, when the question is raised about the institution of some Court of Honour, or Court of Appeal in cases of injury to the feelings, under the sanction of parliament, which satisfactorily demonstrates the trivial amount of injury sustained: it is said on such occasions that de minimis non curat lex—that the mischief, in fact, is too narrow and limited for the regard of the legislature. And we may be assured that, if the evil were ever to become an extensive one, the notice of Parliament soon would be attracted to the subject; and hence we may derive a hint for an amended view of the policy adopted in past ages. Princes not distinguished for their religious scruples, made it, in different ages and places, a capital offence to engage in a duel: whence it is inferred, falsely, that, in former times, a more public homage was paid to Christian principle. But the fact is, that not the anti-Christian character of the offence so much as its greater frequency, and the consequent extension of a civil mischief was the ruling consideration with the lawgiver. Among other causes for this greater prevalence of duels, was the composition of armies, more often brought together upon mercenary principles from a large variety of different nations, whose peculiar usages, points of traditional honour, and even the oddness of their several languages to the ear, formed a perpetual occasion of insult and quarrel. Fluellen's affair with Pistol, we may be sure, was no rare but a representative case.

Secondly, In confirmation of what I have said about duelling, as the great conductor for carrying off the excess of angry irritation in society, I will repeat what was said to me by a man of great ability and distinguished powers, as well as opportunities for observation, in reference to a provincial English town, and the cabals which prevailed there. These cabals—some political, arising out of past electioneering contests; some municipal, arising out of the corporation disputes; some personal, arising out of family rivalships, or old traditionary disputes—had led to various feuds that vexed the peace of the town in a degree very considerably beyond the common experience of towns reaching the same magnitude. How was this accounted for? The word tradesman is, more than even the term middle class, liable to great ambiguity of meaning; for it includes a range so large as to take in some who tread on the heels even of the highest aristocracy, and some at the other end, who rank not at all higher than day-labourers or handicraftsmen. Now, those who ranked with gentlemen, took the ordinary course of gentlemen in righting themselves under personal insults; and the result was, that, amongst them or their families, no feuds were subsisting of ancient standing. No ill blood was nursed; no calumnies or conspicuous want of charity prevailed. Not that they often fought duels: on the contrary, a duel was a very rare event amongst the indigenous gentry of the place; but it was sufficient to secure all the effects of duelling, that it was known, with respect to this class, that, in the last resort, they were ready to fight. Now, on the other hand, the lowest order of tradesmen had their method of terminating quarrels—the old English method of their fathers—viz., by pugilistic contests. And they also cherished no malice against each other or amongst their families. 'But,' said my informant, 'some of those who occupied the intermediate stations in this hierarchy of trade, found themselves most awkwardly situated. So far they shared in the refinements of modern society, that they disdained the coarse mode of settling quarrels by their fists. On the other hand, there was a special and peculiar reason pressing upon this class, which restrained them from aspiring to the more aristocratic modes of fighting. They were sensible of a ridicule, which everywhere attaches to many of the less elevated or liberal modes of exercising trade in going out to fight with sword and pistol. This ridicule was sharpened and made more effectual, in their case, from the circumstance of the Royal Family and the court making this particular town a frequent place of residence. Besides that apart from the ridicule, many of them depended for a livelihood upon the patronage of royalty or of the nobility, attached to their suite; and most of these patrons would have resented their intrusion upon the privileged ground of the aristocracy in conducting disputes of honour. What was the consequence? These persons, having no natural outlet for their wounded sensibilities, being absolutely debarred from any mode of settling their disputes, cherished inextinguishable feuds: their quarrels in fact had no natural terminations; and the result was, a spirit of malice and most unchristian want of charity, which could not hope for any final repose, except in death.' Such was the report of my observing friend: the particular town may be easily guessed at; and I have little doubt that its condition continues as of old.

15Neither would it be open to Paley to plead that the final or remotest consequences must be taken into the calculation; and that one of these would be the weakening of all moral sanctions, and thus, indirectly, an injury to morality, which might more than compensate the immediate benefit to social peace and security; for this mode of arguing the case would bring us back to the very principle which his own implicitly, or by involution, rejects: since it would tell us to obey the principle itself without reference to the apparent consequences. By the bye, Paley has an express section of his work against the law of honour as a valid rule of action; but, as Cicero says of Epicurus, it matters little what he says; the question for us is quam sibi convenienter, how far consistently with himself. Now, as Sir James Mackintosh justly remarks, all that Paley says in refutation of the principle of worldly honour is hollow and unmeaning. In fact, it is merely one of the commonplaces adopted by satire, and no philosophy at all. Honour, for instance, allows you, upon paying gambling debts, to neglect or evade all others: honour, again, allows you to seduce a married woman: and he would secretly insinuate that honour enjoins all this; but it is evident that honour simply forbears to forbid all this: in other words, it is a very limited rule of action, not applying to one case of conduct in fifty. It might as well be said, that Ecclesiastical Courts sanction murder, because that crime lies out of their jurisdiction.
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