'Among the Gauls,' says Caesar, 'there are subdivisions, not only in every nation, and in every district and village, but almost in every house, every one must fly to some patron for protection.'(36*) In this distribution of parties, not only the feuds of clans, but the quarrels of families, even the differences and competitions of individuals, are decided by force. The sovereign, when unassisted by superstition, endeavours in vain to employ his jurisdiction, or to procure a submission to the decisions of law. By a people who are accustomed to owe their possessions to violence, and who despise fortune itself without the reputation of courage, no umpire is admitted but the sword.
Scipio offered his arbitration to terminate the competition of two Spaniards in a disputed succession: 'That,' said they, 'we have already refused to our relations: we do not submit our difference to the judgement of men; and even among the gods, we appeal to Mars alone.'(37*)It is well known that the nations of Europe carried this mode of proceeding to a degree of formality unheard of in other parts of the world: the civil and criminal judge could, in most cases, do no more than appoint the lists, and leave the parties to decide their cause by the combat: they apprehended that the victor had a verdict of the gods in his favour: and when they dropped in any instance this extraordinary form of process, they substituted in its place some other more capricious appeal to chance; in which they likewise thought that the judgement of the gods was declared.
The fierce nations of Europe were even fond of the combat as an exercise and a sport. In the absence of real quarrels, companions challenged each other to a trial of skill, in which one of them frequently perished. When Scipio celebrated the funeral of his father and his uncle, the Spaniards came in pairs to fight, and, by a public exhibition of their duels, to increase the solemnity.(38*)In this wild and lawless state, where the effects of true religion would have been so desireable, and so salutary, superstition frequently disputes the ascendant even with the admiration of valour; and an order of men, like the Druids among the ancient Gauls and Britons,(39*) or some pretender to divination, as at the Cape of Good Hope, finds, in the credit which is paid to his sorcery, a way to the possession of power:
his magic wand comes in competition with the sword itself; and, in the manner of the Druids, gives the first rudiments of civil government to some, or, like the supposed descendent of the sun among the Natchez, and the Lama among the Tartars, to others, an early taste of despotism and absolute slavery.
We are generally at a loss to conceive how mankind can subsist under customs and manners extremely different from our own; and we are apt to exaggerate the misery of barbarous times, by an imagination of what we ourselves should suffer in a situation to which we are not accustomed. But every age hath its consolations, as well as its sufferings.(40*) In the interval of occasional outrages, the friendly intercourses of men, even in their rudest condition, is affectionate and. happy (41*) in rude ages, the persons and properties of individuals are secure;because each has a friend, as well as an enemy; and if the one is disposed to molest, the other is ready to protect; and the very admiration of valour, which in some instances tends to sanctify violence, inspires likewise certain maxims of generosity and honour, that tend to prevent the commission of wrongs.
