will be ready to do it, the Moment he believes he has every thing to fear in this World, and nothing to hope for after his Death. Don't we fee that Mankind are not deterred from the Pursuit of fenfual Pleasures by the Dread of the Pox, one of the most dangerous and loathfome Diseases, whereby they rifque the Lofs of Life, or elfe linger in Pain and Misery' the Rest of their Days? In fome Corners of the World one may find Men who clap a Pistol to their Ear, that they may not languish under that filthy Disease, nay, sometimes only because they are paft getting it. If fuch detestable Examples are not very common among Mankind, even in the most barbarous Nations, 'tis owing to the Difficulty of obliterating all the Traces of Religion and Humanity, which are infeparable.

AND now I ask M. de Montefquiou, whether the Law can ever have any Influence over Men that deliberately kill themselves, because they imagine they have nothing to hope nor fear after Death? To which let me add, that according to the Sentiment he has explained in his Book, the Penalties for the greatest Villains should be only Imprifonment and

Banish

Banishment. Is it only the Fear of this, that would give any Strength to his Laws? Yet the fame Author fays, that none but fuch as believe a future State efcape the Legislature. This is very harsh indeed.

WE fay

CHA P. XI.

E fay the Law has more or lefs Strength, when it may promise itself an Obedience more or lefs extenfive and infallible: In this Light it is generally taken; but this falls very short of the right Senfe. No human Law, nor even the divine Law, has ever been strong enough to overcome effectually the Weakness of Man: We must always prefuppofe an almoft general Violation of it; and on this very Account there was need of a Law fuperior to all others, which admits of Excufes, and grants a general Pardon to Tranfgreffors; otherwife every Law would have no other Effect than destroying Mankind. All that the Law can expect, is to be accepted, and practised as often as poffible, and to make itself known and generally beloved; so that

even

even when we are impelled to violate it, we ftill allow the Fitnefs of it, and make Repentance immediately follow the Tranfgreffion. More than this cannot be defired, çonfidering the frequent Changes in Man, and how he fometimes degrades himself to the Condition of a Brute; and, therefore, it would be a great Mistake to pretend, that the fame Man should always think, will, and act uniformly. This Metamorphofis is the fatal Rock on which the Laws fplit; and 'tis what every Legislator must never lofe Sight of, if he would not be the Dupe of his good Intentions.

THOUGH human Nature is uniform in the Main, Individuals greatly differ, as is manifest in the human Body. The human Figure, and the Organs of the Body, are indeed, as to the effential Part, the fame in all: But Features, Tempers, Habits, an hundred other Things, and even Distempers, make fuch Differences in Men, that what fuits fome, is not at all fit for others. The Medicines that cure the former, are rank Poifon to the latter: The Things that please the Taste of fome, are shocking to others; and nothing would be more difficult than to make those forfake what

they

they like, and bring these to relish what they have an Averfion to. Besides which, I must obferve, that Inclinations and Taftes change in the fame individual Man, who now abhors what he formerly was most passionately addicted to. What Stress, then, can we lay on the permanent Strength of Laws, which floats on the tempeftuous Sea of Man's Whims and Paffions?

I AM very fenfible, that there is always fomething common to every Clafs; that Neceffity is felt by all, and fometimes forces them to act against their Inclination: But even this Ground is not firm enough to rest the Law upon; for who can be ignorant how Neceffities in fick Bodies? And moreover, this vary Neceffity, in order to be active, must be clearly understood, and very precisely and sensibly felt; for while Men are infenfible of the Disease, they don't think of taking Physic, and submitting to a proper Regimen for a Cure. Is there any thing more common in our Days, than to hear Men, at least human Figures, maintain, that Irregularity and Licentiousness are agreeable to Nature? How will you perfuade fuch Men to fubmit to the

Law

7

Law that inhibits thofe Disorders. If you threaten them with a Penalty, they will endeavour to elude it, by concealing themselves from the Inspection of the Magistrate; and, as often as they think they may safely do it, they will laugh at a Law which they already condemn in their Heart, nay, fometimes openly with their Lips. Begin by perfuading Men, fix their main Characteristick, fet them on a folid Foundation, where they cannot be fhaken; and then impofe Laws on them: But if this Preparation be not previously made, expect no great Succefs from any Laws you I can give them.

I AM furprized that M. de Montefquiou, who cannot help acknowledging, that it is nevertheless necessary there should be something in Society of a fixed Nature, and that this fixed Thing is Religion, fhould at the fame Time make fo great a Difference between divine and human Laws, and reprefent them to us as incombinable: Thefe two Laws, fays he, differ in their Origin, in their Effect, and in their Nature. Now what Means are left to reconcile this total Difference? Yet, in his OpiSnion, there is nothing fixed in Society but L Religion;