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THE
MISCELLANEOUS WORKS
SIR JAMES MACKINTOSH.
VOL. I.
London :
A. and G. A. Spottiswoode,
N ew-street-Square.
im
t
THE
MISCELLANEOUS WORKS
OF
THE RIGHT HONOURABLE
SIR JAMES MACKINTOSH.
NEW EDITION.
IX THREE VOLUMES.
VOL. L^
485X2/
4- "I 4-9
LONDON:
LONGMAN, BROWN, GREEN, AND LONGMANS.
1854.
PR
v.i
ADVERTISEMENT
BY THE EDITOR.
These Volumes contain whatever (with the ex-
ception of his History of England) is believed to
be of the most value in the writings of Sir James
Mackintosh. Something of method, it will be
observed, has been affected in their arrangement
by commencing with what is more purely Philo-
sophical, and proceeding through Literature to
Politics ; each of those heads being generally,
though not quite precisely, referable to each
volume respectively. With such selection would
naturally have terminated his responsibility ; but
in committing again to the press matter originally
for the most part hastily printed, the Editor has
assumed — as the lesser of two evils — a larger
exercise of discretion in the revision of the text
than he could have wished to have felt had been
imposed upon him. Instead, therefore, of con-
tinually arresting the eye of the reader by a noti-
fication of almost mechanical alterations, he has
VI ADVERTISEMENT.
to premise here that where inaccuracies and re-
dundancies of expression were obvious, these have
been throughout corrected and retrenched. A
few transpositions of the text have also been
made; — as where, by the detachment of the
eleventh chapter of what the present Editor on
its original publication allowed to be called, per-
haps too largely, the ** History of the Revolution
of 1688," a stricter chronological order has been
observed, at the same time that the residue —
losing thereby much of its fragmentary character
— may now, it is hoped, fairly claim to be all that
is assumed in its new designation. Of the con-
tributions to periodical publications, such portibns
only find place here as partake most largely of
the character of completeness. Some extended
quotations, appearing for the most part as notes
on former occasions, have been omitted, with a
view to brevity, on the present ; while, in ad-
dition to a general verification of the Author's
references, a few explanatory notes have been
appended, wherever apparently needful, by the
Editor.
R. J, MACKINTOSH.
CONTENTS
THE FIRST VOLUME
Page
Dissertation on the Progress of Ethical Philosophy,
chiefly during the Seventeenth and Eighteenth Cen-
turies -------1
On the PhOosophical Genius of Lord Bacon and Mr.
Locke - - - - - - -315
A Discourse on the Law of Nature and Nations - - 345
Life of Sir Thomas More - - - - 393
A Kefutation of the Claim on behalf of King Charles L
to the Authorship of the EIKriN BA2IAIKH - - 508
Memoir of the Affairs of Holland, 1667— 1G86 - - 543
DISSERTATION
ON THE PROGRESS OP
ETHICAL PHILOSOPHY,
CBIEPLY DURING THE
SEVENTEENTH AND EIGHTEENTH CENTURIES.
[Originally prefixed to the Seyenth Edition of the Encyclopaedia Britannica.]
VOL. L
CONTENTS.
Page
Introduction ..-.-- 5
Section I. Preliminary Observations - - - 1 1
II. Retrospect of Ancient Ethics - - 19
III. Ketrospect of Scholastic Ethics - - 36
IV. MoDEKN Ethics - - - - 54
Grotius - - - - - 54
Hobbes - - - - - 57
Remarks - - - - - 64
V. Controversies concernhng the Moral Fa-
CLXTIES AND THE SOCIAL AFFECTIONS - 72
Cumberland - - - - - 72
Cudworth - - - - - 75
Clarke .----- 81
Remarks - - - - - 84
Shaftesbury - - - - - 91
Fenclon — Bossuet - - - - 98
Leibnitz - - - - - 103
Remarks - - - - - 105
Malebranche - - - - - 108
Edwards - - - - - 110
Buffier - - - - - 113
VX Foundations of a more just Theory of
Ethics - - - - - 114
Butler - - - - - - 115
Remarks - - - - - 120
Hutcheson - - - - - 126
Berkeley - - - - - 131
Hume - - - - - - 136
Smith - - - - - - 149
Remarks - - - - - 153
Price - - - - - - 158
Hartley - - - - - 159
Tucker - - - - - 177
Palcy - - - - - - 182
Bentham - - - - - 190
Stewart - - - - - 213
Brown - - - - - 231
VII. General Remarks . - - - 244
Notes and Illustrations - - - 282
E 2
INTEODUCTION.
The inadequacy of the words of ordinary language
for the purposes of Philosophy, is an ancient and fre-
quent complaint ; of which the justness will be felt
by all who consider the state to which some of the
most important arts would be reduced, if the coarse
tools of the common labourer were the only instru-
ments to be employed in the most delicate operations
of manual expertness. The watchmaker, the optician,
and the surgeon, are provided with instruments which
are fitted, by careful ingenuity, to second their skill ;
the philosopher alone is doomed to use the rudest tools
for the most refined purposes. He must reason in
words of which the looseness and vagueness are suit-
able, and even agreeable, in the usual intercourse of life,
but which are almost as remote from the extreme
exactness and precision required, not only in the con-
veyance, but in the search of truth, as the hanmier
and the axe would be unfit for the finest exertions of
skilful handiwork : for it is not to be forgotten, that
he must himself think in these gross words as un-
avoidably as he uses them in speaking to others. He
is in this respect in a worse condition than an astro-
nomer who looked at the heavens only with the naked
eye, whose limited and partial observation, however
it might lead to error, might not directly, and would
not necessarily, deceive. He might be more justly
compared to an arithmetician compelled to employ
numerals not only cumbrous, but used so irregularly
to denote different quantities, that they not only often
deceive others, but himself.
The natural philosopher and mathematician have
in some degree the privilege of framing their own
B 3
b DISSERTATION ON THE PROGRESS
terms of art; though that liberty is daily narrowed
by the happy diffusion of these great branches of
knowledge, which daily mixes their language with the
general vocabulary of educated men. The cultivator
of mental and moral philosophy can seldom do more
than mend the faults of his words by definition; — a
necessary, but very inadequate expedient, and one in
a great measure defeated in practice by the unavoid-
ably more frequent recurrence of the terms in their
vague, than in their definite acceptation. The mind, to
which such definition is faintly, and but occasionally,
present, naturally suffers, in the ordinary state of
attention, the scientific meaning to disappear from
remembrance, and insensibly ascribes to the word a
great part, if not the whole, of that popular sense
which is so very much more familiar even to the most
veteran speculator. The obstacles which stood in the
way of Lucretius and Cicero, when they began to
translate the subtile philosophy of Greece into their
narrow and barren tongue, are always felt by the phi-
losopher when he struggles to express, with the neces-
sary discrimination, his abstruse reasonings in words
which, though those of his own language, he must
take from the mouths of those to whom his distinc-
tions would be without meaning.
The moral philosopher is in this respect subject to
peculiar difficulties. His statements and reasonings
often call for nicer discriminations of language than
those which are necessary in describing or discussing
the purely intellectual part of human nature ; but his
freedom in the choice of words is more circumscribed.
As he treats of matters on which all men are disposed
to form a judgment, he can as rarely hazard glaring
innovations in diction, — at least in an adult and ma-
ture language like ours, — as the orator or the poet.
If he deviates from common use, he must atone for
his deviation by hiding it, and can only give a new
sense to an old word by so skilful a position of it as
to render the new meaning so quickly understood that
OF ETHICAL PHILOSOPHY. 7
its novelty is scarcely perceived. Add to this, that in
those most difficult inquiries for which the utmost
coolness is not more than sufficient, he is often forced
to use terms commonly connected with warm feeling,
with high praise, with severe reproach; — which ex-
cite the passions of his readers when he most needs
their cairn attention and the undisturbed exercise of
their impartial judgment. There is scarcely a neutral
term left in Ethics ; so quickly are such expressions
enlisted on the side of Praise or Blame, by the ad-
dress of contending passions. A true philosopher
must not even desire that men should less love Virtue,
or hate Vice, in order to fit them for a more unpre-
judiced judgment on his speculations.
There are, perhaps, not many occasions where the
penury and laxity of language are more felt than in
entering on the history of sciences where the hrst
measure must be to mark out the boundary of the
whole subject with some distinctness. But no exact-
ness in these important operations can be approached
without a new division of human knowledge adapted
to the present stage of its progress, and a reforma-
tion of all those barbarous, pedantic, unmeaning, and
(what is worse) wrong-meaning names which continue
to be applied to the greater part of its branches. In-
stances are needless where nearly all the appellations
are faulty. The term " Metaphysics " affi)rds a spe-
cimen of all the faults which the name of a science
can combine. To those who know only their own
language, it must, at their entrance on the study, con-
vey no meaning : it points their attention to nothing.
If they examine the language in which its parts are
significant, they will be misled into the pernicious error
of believing that it seeks something more than the in-
terpretation of nature. It is only by examining the
history of ancient philosophy that the probable origin
of this name will be found, in its application, as the
running title of several essays of Aristotle, placed in
a collection of the manuscripts of that great philo-
B 4
8 DISSERTATION ON THE PROGRESS
sopher, after his treatise on Physics. It has the greater
fault of an unsteady and fluctuating signification ; —
denoting one class of objects in the seventeenth cen-
tury, and another in the eighteenth; — even in the
nineteenth not quite of the same import in the mouth
of a German, as in that of a French or English phi-
losopher ; to say nothing of the farther objection that
it continues to be a badge of undue pretension among
some of the followers of the science, while it has be-
come a name of reproach and derision among those
who altogether decry it. The modern name of the
very modern science called " Political Economy,"
though deliberately bestowed on it by its most eminent
teachers, is perhaps a still more notable sample of the
like faults. It might lead the ignorant to confine it to
retrenchment in national expenditure ; and a consi-
deration of its etymology alone would lead us into the
more mischievous error of believing it to teach, that
national wealth is best promoted by the contrivance
and interference of lawgivers, in opposition to its
surest doctrine, and the one which it most justly boasts
of having discovered and enforced.
' It is easy to conceive an exhaustive analysis of
human knowledge, and a consequent division of it into
parts corresponding to all the classes of objects to
which it relates; — a representation of that vast edi-
fice, containing a picture of what is finished, a sketch
of what is building, and even a conjectural outline of
what, though required by completeness and conveni-
ence, as well as symmetry, is yet altogether untouched.
A system of names might also be imagined derived
from a few roots, indicating the objects of each part,
and showing the relation of the parts to each other.
An order and a language somewhat resembling those
by which the objects of the sciences of Botany and
Chemistry have, in the eighteenth century, been ar-
ranged and denoted, are doubtless capable of applica-
tion to the sciences generally, when considered as
parts of the system of knowledge. The attempts,
OF ETHICAL PHILOSOPHY. 9
however, which have hitherto been made to accom-
plish that analytical division of knowledge which must
necessarily precede a new nomenclature of, the sciences,
have required so prodigious a superiority of genius in
the single instance of approach to success by Bacon,
as to discourage rivalship nearly as much as the fre-
quent examples of failure in subsequent times could
do. The nomenclature itself is attended with great
difficulties, not indeed in its conception, but in its
adoption and usefulness. In the Continental languages
to the south of the Rhine, the practice of deriving the
names of science from the Greek must be continued ;
which w^ould render the new names for a while unin-
telligible to the majority of men. Even if successful
in Germany, where a flexible and fertile language
affi3rds unbounded liberty of derivation and composi-
tion from native roots or elements, and where the
newly-derived and compounded words would thus be
as clear to the mind, and almost as little startling to
the ear of every man, as the oldest terms in the lan-
guage, yet the whole nomenclature would be unintel-
ligible to other nations. But, the intercommunity of
the technical terms of science in Europe having been
so far broken down by the Germans, the influence of
their literature and philosophy is so rapidly increasing
in the greater part of the Continent, that though a
revolution in scientific nomenclature be probably yet
far distant, the foundation of it may be considered as
already prepared.
Although so great an undertaking must be reserved
for a second Bacon and a future generation, it is ne-
cessary for the historian of any branch of knowledge
to introduce his work by some account of the limits
and contents of the sciences of which he is about to
trace the progress ; and though it will be found im-
possible to trace throughout this treatise a distinct
line of demarcation, yet a general and imperfect
sketch of the boundaries of the whole, and of the
parts, of our present subject, may be a considerable
10 DISSERTATION ON THE PROGRESS
help to the reader, as it has been a useful guide to the
writer.
There is no distribution of the parts of knowledge
more ancient than that of them into the physical and
moral sciences, which seems liable to no other ob-
jection than that it does not exhaust the subject.
Even this division, however, cannot be safely em-
ployed, without warning the reader that no science is
entirely insulated, and that the principles of one are
often only the conclusions and results of another.
Every branch of knowledge has its root in the theory
of the Understanding, from which even the mathema-
tician must learn what can be known of his magnitude
and his numbers ; moral science is founded on that
other — hitherto unnamed — part of the philosophy of
human nature (to be constantly and vigilantly distin-
guished from intellectual philosophy), which contem-
plates the laws of sensibility, of emotion, of desire and
aversion, of pleasure and pain, of happiness and
misery ; and on which arise the august and sacred
landmarks that stand conspicuous along the frontier
between Right and Wrong.
But however multiplied the connections of the
moral and physical sciences are, it is not difficult to
draw a general distinction between them. The pur-
pose of the physical sciences throughout all their
provinces, is to answer the question What is ? They
consist only of facts arranged according to their
likeness, and expressed by general names given to
every class of similar facts. The purpose of the
moral sciences is to answer the question What ought
to be .? They aim at ascertaining the rules which ought
to govern voluntary action, and to which those ha-
bitual dispositions of mind which are the source of
voluntary actions ought to be adapted.
It is obvious that " will," " action," " habit," " dis-
position," are terms denoting facts in human nature,
and that an explanation of them must be sought in
mental philosophy, which, if knowledge be divided into
OF ETHICAL PHILOSOPHY. 11
physical and moral, must be placed ' among physical
sciences, though it essentially differs from them all in
having for its chief object those laws of thought which
alone render any other sort of knowledge possible. But
it is equally certain that the word "ought" introduces
the mind into a new region, to which nothing physical
corresponds. However philosophers may deal with
this most important of words, it is instantly under-
stood by all who do not attempt to define it. No
civilised speech, perhaps no human language, is with-
out correspondent terms. It would be as reasonable
to deny that " space" and " greenness" are significant
words, as to affirm that " ought," " right," " duty,"
" virtue," are sounds without meaning. It would
be fatal to an ethical theory that it did not explain
them, and that it did not comprehend all the concep-
tions and emotions which they call up. There never
yet was a theory which did not attempt such an ex-
planation.
SECTION I.
PRELIillNARY OBSERVATIONS.
There is no man who, in a case where he was a calm
bystander, would not look with more satisfaction on
acts of kindness than on acts of cruelty. No man,
after the first excitement of his mind has subsided,
ever whispered to himself with self-approbation and
secret joy that he had been guilty of cruelty or
baseness. Every criminal is strongly impelled to hide
these qualities of his actions from himself, as he would
do from others, by clothing his conduct in some
disguise of duty, or of necessity. There is no tribe
so rude as to be without a ftiint perception of a differ-
ence between Right and Wrong. There is no sub-
ject on which men of all ages and nations coincide in
12 DISSERTATION ON THE PKOGRESS
SO many points as in the general rules of conduct,
and in the qualities of the human character which
deserve esteem. Even the grossest deviations from
the general consent will appear, on close examination,
to be not so much corruptions of moral feeling, as
ignorance of facts ; or errors with respect to the con-
sequences of action ; or cases in which the dissentient
party is inconsistent with other parts of his own
principles, which destroys the value of his dissent ;
or where each dissident is condemned by all the other
dissidents, which immeasurably augments the ma-
jority against him. In the first three cases he may
be convinced by argument that his moral judgment
should be changed on principles which he recognises
as just ; and he can seldom, if ever, be condemned at
the same time by the body of mankind who agree in
their moral systems, and by those who on some other
points dissent from that general code, without being
also convicted of error by inconsistency with himself.
The tribes who expose new-born infants, condemn
those who abandon their decrepit parents to destruc-
tion : those who betray and murder strangers, are
condemned by the rules of faith and humanity which
they acknowledge in their intercourse with their
countrymen. Mr. Hume, in a dialogue in which he
ingeniously magnifies the moral heresies of two nations
so polished as the Athenians and the French, has very
satisfactorily resolved his own difficulties : — "In how
many circumstances would an Athenian and a French-
man of merit certainly resemble each other! — Hu-
manity, fidelity, truth, justice, courage, temperance,
constancy, dignity of mind." " The principles upon
which men reason in Morals are always the same
though the conclusions which they draw are often
very different."* He might have added, that almost
every deviation which he imputes to each nation is at
variance with some of the virtues justly esteemed by
* Philosophical Works (Edinb. 1826), vol. iv. pp. 420. 422.
OF ETHICAL PHILOSOPHY. 13
both, and that the reciprocal condemnation of each
other's errors which appears in his statement entitles
us, on these points, to strike out the suffrages of both
when collecting the general judgment of mankind. If
we bear in mind that the question relates to the coin-
cidence of all men in considering the same qualities as
virtues, and not to the preference of one class of
virtues by some, and of a different class by others, the
exceptions from the agreement of mankind, in their
system of practical morality, will be reduced to abso-
lute insignificance ; and we shall learn to vieAv them
as no more affecting the harmony of our moral faculties,
than the resemblance of our limbs and features is
affected by monstrous conformations, or by the unfor-
tunate effects of accident and disease in a very few
individuals.*
It is very remarkable, however, that though all
men agree that there are acts which ought to be done,
and acts which ought not to be done ; though the far
greater part of mankind agree in their list of virtues
and - duties, of vices and crimes ; and though the
whole race, as it advances in other improvements, is
as evidently tending towards the moral system of the
most civilised nations, as children in their growth
* " On convicnt le plus souvent de ces instincts de la con-
science. La plus grande et la plus saine partic du genre humain
leur rend temoignage. Les Orientaux, et les Grecs, et les Ro-
mains convicnnent en cela ; et il faudroit etre aussi abruti que les
sauvages Americains pour approuver Icurs coutumcs, pleines d'une
cruaute qui passe meme celJe des betes. Cepenclant ces memes
sauvages sentent bien ce que c'est que la justice en d'autres occasions ;
et quoique il n'y ait point de mauvaise pratique pcut-etrc qui ne
soit autorisee quelque part, il y en a pcu pourtant qui ne soient
condamnees le plus souvent, et par la plus grande partie des
hommes." — Leibnitz, CEu\Tes Philosophiques (Amst. et Leipz.
1765, 4to.), p. 49. There are some admirable observations on
this subject in Hartley, especially in the development of the 49th
Proposition: — "The rule of life dra^^^l from the practice and
opinions of mankind corrects and improves itself perpetually, till
at last it determines entirely for virtue, and excludes all kinds and
degrees of vice." — Observations on Man, vol. ii. p. 214.
14 DISSERTATION ON THE PROGRESS
tend to the opinions, as much as to the experience
and strength, of adults ; yet there are no questions
in the circle of inquiry to which answers more various
have been given than — How men have thus come to
agree in the ' Rule of Life ? ' Whence arises their ge-
neral reverence for it ? and What is meant by affirm-
ing that it ought to be inviolably observed? It is
singular, that where we are most nearly agreed re-
specting rules, we should perhaps most widely differ as
to the causes of our agreement, and as to the reasons
which justify us for adhering to it. The discussion
of these subjects composes what is usually called the
" Theory of Morals," in a sense not in all respects
coincident with what is usually considered as theory
in other sciences. When we investigate the causes of
our moral agreement, the term "theory" retains its
ordinary scientific sense ; but when we endeavour to
ascertain the reasons of it, we rather employ the term
as importing the theory of the rules of an art. In the
first case, " theory " denotes, as usual, the most general
laws to which certain facts can be reduced ; whereas,
in the second, it points out the efficacy of the observ-
ance, in practice, of certain rules, for producing the
effects intended to be produced in the art. These
reasons also may be reduced under the general sense
by stating the question relating to them thus : — What
are the causes why the observance of certain rules
enables us to execute certain purposes ? An account
of the various answers attempted to be made to these
inquiries, properly forms the history of Ethics.
The attentive reader may already perceive, that
these momentous inquiries relate to at least two per-
fectly distinct subjects : — 1. The nature of the distinc-
tion between Right and Wrong in human conduct, and
2. The nature of those feelings with which Right
and Wrong are contemplated by human beings. The
latter constitutes what has been called the " Theory of
Moral Sentiments;'''' the former consists in an investi-
gation into the criterion of MoraVity in action. Other
OF ETHICAL rniLOSOPHY. 15
most important questions arise in this province : but
the two problems which have been just stated, and
the essential distinction between them, must be clearly
apprehended by all who are desirous of understanding
the controversies which have prevailed on ethical
subjects. The discrimination has seldom been made
by moral philosophers ; the diiFerence between the
two problems has never been uniformly observed by
any of them : and it will appear, in the sequel, that
they have been not rarely altogether confounded by
very eminent men, to the destruction of all just con-
ception and of all correct reasoning in this most im-
portant, and, perhaps, most difficult, of sciences.
It may therefore be allowable to deviate so far from
historical order, as to illustrate the nature, and to
prove the importance, of the distinction, by an ex-
ample of the effects of neglecting it, taken from the
recent works of justly-celebrated writers ; in which
they discuss questions much agitated in the present
age, and therefore probably now familiar to most
readers of this Dissertation.
Dr. Paley represents the principle of a ISIoral Sense
as being opposed to that of Utility.* Now, it is evi-
dent that this representation is founded on a confusion
of the two questions which have been stated above.
That we are endued with a Moral Sense, or, in other
words, a faculty which immediately approves what is
right, and condemns what is wrong, is only a state-
ment of the feelings with which we contemplate
actions. But to affirm that right actions are those
which conduce to the well-being of mankind, is a
proposition concerning the outward effiicts by which
right actions themselves may be recognised. As
these affirmations relate to diffi:?rent subjects, they
cannot be opposed to each other, any more than the
solidity of earth is inconsistent with the fluidity of
* Principles of Moral and Political Philosophy. Compare
book i. clxap. v. with book ii. chap. vi.
16 DISSERTATION ON THE PROGRESS
water ; and a very little reflection will show it to be
easily conceivable that they may be both true. Man
may be so constituted as instantaneously to approve
certain actions without any reference to their conse-
quences ; and yet Reason may nevertheless discover,
that a tendency to produce general happiness is the
essential characteristic of such actions. Mr. Bentham
also contrasts the principle of Utility with that of
Sympathy, of which he considers the Moral Sense as
being one of the forms.* It is needless to repeat,
that propositions which affirm, or deny, anything of
different subjects, cannot contradict each other. As
these celebrated persons have thus inferred or implied
the non-existence of a Moral Sense, from their opinion
that the morality of actions depends upon their use-
fulness, so other philosophers of equal name have
concluded, that the utility of actions cannot be the
criterion of their morality, because a perception of
that utility appears to them to form a faint and in-
considerable part of our Moral Sentiments, — if indeed
it be at all discoverable in them-l These errors are
the more remarkable, because the like confusion of
perceptions with their objects, of emotions with their
causes, or even the omission to mark the distinctions,
would in every other subject be felt to be a most
serious fault in philosophising. If, for instance, an
element were discovered to be common to all bodies
which our taste perceives to be sweet, and to be
found in no other bodies, it is apparent that this dis-
covery, perhaps important in other respects, would
neither affect our perception of sweetness, nor the
pleasure which attends it : both would continue to
* Infroduction to the Principles of Morality and Legislation,
chap. ii.
f Smith, Theory of Moral Sentiments, part iv. Even Hume,
in the third book of his Treatise of Human Nature, the most
precise, perhaps, of his philosophical writings, uses the following
as the title of one of the sections : " Moral Distinctions, derived
from. PI, Moral SevsP "
OF ETHICAL PHILOSOPHY. 17
be what they have been since the existence of man-
kind. Every proposition concerning that element
■would relate to sweet bodies, and belong to the
science of Chemistry ; while every proposition re-
specting the perception or pleasure of sweetness would
relate either to the body or mind of man, and accord-
ingly belong either to the science of Physiology, or
to that of mental philosophy. During the many ages
which passed before the analysis of the sun's beams
had proved them to be compounded of different
colours, white objects were seen, and their whiteness
was sometimes felt to be beautiful, in the very same
manner as since that discovery. The qualities of
light are the object of Optics ; the nature of beauty
can be ascertained only by each man's observation
of his own mind ; the changes in the living frame
which succeed the refraction of light in the eye, and
jjrecede mental operation, will, if they are ever to be
known by man, constitute a part of Physiology. But
no proposition relating to one of these orders of phe-
nomena can contradict or support a proposition con-
cerning another order.
The analogy of this latter case will justify another
preliminary observation. In the case of the pleasure
derived from beauty, the question whether that plea-
sure be original, or derived, is of secondary import-
ance. It has been often observed that the same pro-
perties which are admired as beautiful in the horse,
contribute also to his safety and speed ; and they who
infer that the admiration of beauty was originally
founded on the convenience of fleetness and firmness,
if they at the same time hold that the idea of useful-
ness is gradually effaced, and that the admiration of a
certain shape at length rises instantaneously without
reference to any purpose, may, with perfect consistency,
regard a sense of beauty as an independent and uni-
versal principle of human nature. The laws of such
a feeling of beauty are discoverable only by self-
observation : those of the qualities which call it forth
VOL. L C
IS DISSERTATION ON THE PROGRESS
are ascertained by examination of the outward things
which are called beautiful. But it is of the utmost
importance to bear in mind, that he who contemplates
the beautiful proportions of a horse, as the signs and
proofs of security or quickness, and has in view these
convenient qualities, is properly said to prefer the
horse for his usefulness, not for his beauty ; though he
may choose him from the same outward appearance
which pleases the admirer of the beautiful animal. He
alone who derives immediate pleasure from the appear-
ance itself, without reflection on any advantages which
it may promise, is truly said to feel the beauty. The
distinction, however, manifestly depends, not on the
origin of the emotion, but on its object and nature
when completely formed. Many of our most im-
portant perceptions through the eye are universally
acknowledged to be acquired : but they are as general
as the original perceptions of that organ ; they arise
as independently of our will, and human nature would
be quite as imperfect without them. The case of an
adult who did not immediately see the different dis-
tances of objects from his eye, would be thought by
every one to be as great a deviation from the ordinary
state of man, as if he were incapable of distinguishing
the brightest sunshine from the darkest midnight.
Acquired perceptions and sentiments may therefore
be termed natural, as much as those which are more
commonly so called, if they be as rarely found want-
ing. Ethical theories can never be satisfactorily dis-
cussed by those who do not constantly bear in mind,
that the question concerning the existence of a moral
faculty in man which immediately approves or disap-
proves without reference to any farther object, is
perfectly distinct, on the one hand, from that which
inquires into the qualities of actions, thus approved or
disapproved; and, on the other, from an inquiry whether
that faculty be derived from other parts of our mental
frame, or be itself one of the ultimate constituent
principles of human nature.
OF ETHICAL PHILOSOPHY. 19
SECTION n.
RETROSPECT OF AJsXIENT ETHICS.
IxQuiRiES concerning the nature of Mind, the first
principles of Knowledge, the origin and government
of the world, appear to have been among the earliest
objects which employed the understanding of civilised
men. Fragments of such speculation are handed
down from the legendary age of Greek philosophy.
In the remaining monuments of that more ancient
form of civilisation which sprung up in Asia, we see
clearly that the Brahminical philosophers, in times
perhaps before the dawn of \Yestern history, had run
round that dark and little circle of systems which an
unquenchable thirst of knowledge has since urged
both the speculators of ancient Greece and those of
Christendom to retrace. The wall of adamant which
bounds human inquiry in that direction has scarcely
ever been discovered by any adventurer, until he has
been roused by the shock which drove him back. It is
otherwise with the theory of Morals. No controversy
seems to have arisen regarding it in Greece, till the
rise and conflict of the Stoical and Epicurean schools;
and the ethical disputes of the modern world origi-
nated with the writings of Hobbes about the middle
of the seventeenth century. Perhaps the longer ab-
stinence from debate on this subject may have sprung
from reverence for Morality. Perhaps, also, where
the world were unanimous in their practical opinions,
little need was felt of exact theory. The teachers of
Morals were content with partial or secondary prin-
ciples,— with the combination of principles not always
reconcileable, — even with vague but specious phrases
which ill any degree explained or seemed to explain
the Rules of the Art of Life, appearing, as these last
did, at once too evident to need investigation, and too
venerable to be approached by controversy.
c 2
2d
DISSERTATION ON THE PROGRESS
Perhaps the subtile genius of Greece was in part
withheld from indulging itself in ethical controversy
by the influence of Socrates, who was much more a
teacher of virtue than even a searcher after Truth —
Whom, well inspired, the oracle pronounced
Wisest of men.
It was doubtless because he chose that better part
that he was thus spoken of by the man whose com-
mendation is glory, and who, from the loftiest emi-
nence of moral genius ever reached by a mortal, was
perhaps alone worthy to place a new crown on the
brow of the martyr of Virtue.
Aristippus indeed, a wit and a worldling, borrowed
nothing from the conversations of Socrates but a few
maxims for husbanding the enjoyments of sense.
Antisthenes also, a hearer but not a follower, founded
a school of parade and exaggeration, which caused
his master to disown him by the ingenious rebuke, —
"I see your vanity through your threadbare cloak."*
The modest doubts of the most sober of moralists,
and his indisposition to fruitless abstractions, Avere in
process of time employed as the foundation of sys-
tematic scepticism; — the most presumptuous, inap-
plicable, and inconsistent of all the results of human
meditation. But though his lessons were thus dis-
torted by the perverse ingenuity of some who heard
him, the authority of his practical sense may be traced
in the moral writings of those most celebrated philo-
sophers who were directly or indirectly his disciples.
Plato, the most famous of his scholars, the most
eloquent of Grecian writers, and the earliest moral
philosopher whose writings have come down to us,
employed his genius in the composition of dialogues,
in which his master performed the principal part.
These beautiful conversations would have lost their
charm of verisimilitude, of dramatic vivacity, and of
* Diog. Laert. Jib. vi. iElian, lib. ix. cap. 35.
OF ETHICAL PHILOSOPHY. 21
picturesque representation of character, if they had
been subjected to the constraint of method. Thej
necessarily presuppose much oral instruction. They
frequently quote, and doubtless oftener allude to, the
opinions of predecessors and contemporaries whose
works have perished, and of whose doctrines only some
fragments are preserved. In these circumstances, it
must be difficult for the most learned and philosophical
of his commentators to give a just representation of
his doctrines, even if he really framed or adopted a
system. The moral part of his works is more acces-
sible.* The vein of thought which runs through
them is always visible. The object is to inspire the
love of Truth, of Wisdom, of Beauty, especially of
Goodness — the highest Beauty, and of that Supreme
and Eternal Mind, which contains all Truth and Wis-
dom, all Beauty and Goodness. By the love or delight-
ful contemplation and pursuit of these transcendant
aims for their own sake only, he represented the mind
of man as raised from low and perishable objects, and
prepared for those high destinies which are appointed
for all those who are capable of enjoying them. The
application to moral qualities of terms which denote
outward beauty, though by him perhaps carried to ex-
cess, is an illustrative metaphor, as well warranted by
the poverty of language as any other employed to
signify the acts or attributes of Mind.f The " beau-
* Hejse, Init. Phil, Plat. 1827 ; — a hitherto incomplete work
of great perspicuity and elegance, in which we must excuse the
partiality which belongs to a labour of love.
f The most probable etymology of " Ka\6s " seems to be from
Kdiu, to bum. What burns commonly shines. *' Schon," in
German, which means beautiful, is derived from " scheinen," to
shine. The wt)rd Ka\6s Avas used for right, so early as the
Homeric Poems. lA. xvii. 19. In the philosophical age it became
a technical term, with little other remains of the metaphorical
sense than what the genius and art of a fine Avriter might some-
times rekindle. " Honestum," the term by which Cicero translates
C 3
22 DISSERTATION ON THE PROGRESS
tiful," in his language, denoted all that of which the
mere contemplation is in itself delightful, without any
admixture of organic pleasure, and without being re-
garded as the means of attaining any farther end. The
feeling which belongs to it he called " love ; " a word
which, as comprehending complacency, benevolence,
and affection, and reaching from the neighbourhood
of the senses to the most sublime of human thoughts,
is foreign to the colder and more exact language of
our philosophy ; but which, perhaps, then happily
served to lure both the lovers of Poetry, and the
votaries of Superstition, to the school of Truth and
Goodness in the groves of the Academy. He enforced
these lessons by an inexhaustible variety of just and
beautiful illustrations, — sometimes striking from their
familiarity, sometimes subduing by their grandeur ;
and his works are the storehouse from which moralists
have from age to age borrowed the means of rendering
moral instruction easier and more delightful. Virtue
he represented as the harmony of the whole soul ; —
as a peace between all its principles and desires, as-
signing to each as much space as they can occupy,
without encroaching on each other ; — as a state of
perfect health, in which every function was performed
with ease, pleasure, and vigour ; — as a well-ordered
commonwealth, where the obedient passions executed
with energy the laws and commands of Reason. The
vicious mind presented the odious character, some-
times of discord, of war; — sometimes of disease; —
always of passions warring with each other in eternal
anarchy. Consistent with himself, and at peace with
his fellows, the good man felt in the quiet of his con-
science a foretaste of the approbation of God. " Oh,
what ardent love would virtue inspire if she could be
seen." " If the heart of a tyrant could be laid bare,
the " KaXSv,''* being derived from outward honours, is a less
happy metaphor. In our language, the terms, being from foreign
roots, contribute nothing to illustrate the progress of thought.
I
OF ETHICAL PHILOSOPHY. 23
'we should see how it was cut and torn by its own evil
passions and by an avenging conscience."*
Perhaps in every one of these ilkistrations, an eye
trained in the history of Ethics may discover the germ
of the whole or of a part of some subsequent theory.
But to examine it thus would not be to look at it with
the eye of Plato. His aim was as practical as that of
Socrates. He employed every topic, without regard
to its place in a system, or even always to its argu-
mentative force, Avhich could attract the small portion
of the community then accessible to cultivation ; who,
it should not be forgotten, had no moral instructor
]^ut the Philosopher, unaided, if not thwarted, by the
reigning superstition : for Religion had not then, be-
sides her own discoveries, brought down the most awful
and the most beautiful forms of Moral Truth to the
humblest station in human society.f
Ethics retained her sober spirit in the hands of his
great scholar and rival Aristotle, who, though he cer-
tainly surpassed all men in acute distinction, in subtile
argument, in severe method, in the power of analysing
* Let it not be forgotten, that for this ten*ible description,
Socrates, to whom it is ascribed by Plato (HoA. I.), is called
" Prajstantissimus sapiential." by a writer of the most masculine
understanding, the least subject to be transported by enthusiasm.
— Tac. Ann. lib. vi. cap. 6. " Qure vulnera ! " says Cicero, in
alluding to the same passage. — De Oft", lib. iii. cap. 21.
f There can hardly be a finer example of Plato's practical
morals than his observations on the treatment of slaves. " Genuine
humanity and real probity," says he, " are brought to the test, by
the behaviour of a man to slaves, whom he may Avrong with
impunity." AidSrjXos yap 6 (pvaei Koi ixr) irKaffTus a(€wu t^v S'lK-qv,
fiiawv 0€ ovTuis rh &SiKOU 4v rovroii roiv avOpwirwu ev oils outoJ paSiov
a5iKf7v. — NoyLi. lib. vi. cap. 19. That Plato was considered as the
fountain of ancient morals, would be sufficiently evident from
Cicero alone : " Ex hoc igitur Platonis, quasi quodam sancto
augustoque fonte, nostra omnis manabit oratio." — Tusc. Quaest.
lib. V. cap. 12. Perhaps the sober Quintilian meant to mingle
some censure with the highest praise: " Plato, qui eloquendi
facultate divina quadam et Homerica, multura supra j)rosam
oratiouem surgit." — De Inst. Orat. lib. x. cap. 1.
C 4
24 DISSERTATION ON THE PROGRESS
what is most compounded, and of reducing to simple
principles the most various and unlike appearances,
yet appears to be still more raised above his fellows
by the prodigious faculty of laying aside these extra-
ordinary endowments whenever his present purpose
required it ; — as in his History of Animals, in his
treatises on philosophical criticism, and in his prac-
tical writings, political as well as moral. Contrasted
as his genius was to that of Plato, not only by its
logical and metaphysical attributes, but by the regard
to experience and observation of Nature which, in him
perhaps alone, accompanied them ; (though the two
may be considered as the original representatives of
the two antagonist tendencies of philosophy — that
which would ennoble man, and that which seeks
rather to explain nature ;) yet opposite as they are in
other respects, the master and the scholar combine to
guard the Rule of Life against the licentious irruptions
of the Sophists.
In Ethics alone their systems differed more in
words than in things.* That happiness consisted in
virtuous pleasure, chiefly dependent on the state of
mind, but not unaffected by outward agents, was the
doctrine of both. Both would with Socrates have
called happiness " unrepented pleasure." Neither dis-
tinguished the two elements which they represented
as constituting the Supreme Good from each other ;
partly, perhaps, from a fear of appearing to separate
them. Plato more habitually considered happiness as
the natural fruit of Virtue ; Aristotle oftener viewed
Virtue as the means of attaining happiness. The
celebrated doctrine of the Peripatetics, which placed
* *' Una et consentlens duobus vocabulis philosophise forma
instituta est, Academicorum et Peripateticorum ; qui rebus con-
gruentes nominibus ditferebant." — Cic. Acad. Quaest. lib. i.
cap. 4. Bov\eTai (ApjtrroTeATjs) BlttIu flvai rhu kutol cpiXocrocplav
Xoyov Thv fxev izpaKTiKou, rhv 5e ^ewprjTiKSv. kul tov TrpaKTiKov, rov
T6 riQiKhv KoX TToXiTiKov TOV 5e ^i(i)pif]TiKov, TOV Te (pvaiKhu, ical
KoyiKhv. — Diog. Laert. lib. v. § 28.
OF ETHICAX PHILOSOPHY. 25
all virtues in a medium between opposite vices, was
probably suggested bj the Platonic representation of
its necessity to keep up harmony between the different
parts of our nature. The perfection of a compound
machine is attained where all its parts have the fullest
scope for action. Where one is so far exerted as to
repress others, there is a vice of excess : where any
one has less activity than it might exert without dis-
turbing others, there is a vice of defect. The point
which all reach without collision with each other,
is the mediocrity in which the Peripatetics placed
Virtue.
It was not till near a century after the death of
Plato that Ethics became the scene of philosophical
contest between the adverse schools of Epicurus and
Zeno ; whose errors afford an instructive example,
that in the formation of a theory, partial truth is equi-
valent to absolute falsehood. As the astronomer who
left either the centripetal or the centrifugal force of
the planets out of his view, would err as completely as
he who excluded both, so the Epicureans and Stoics,
who each confined themselves to real but not exclusive
principles in Morals, departed as widely from the
truth as if they had adopted no part of it. Every
partial theory is indeed directly false, inasmuch as it
ascribes to one or few causes what is produced by
more. As the extreme opinions of one, if not of both,
of these schools have been often revived with varia-
tions and refinements in modern times, and are still
not without influence on ethical systems, it may be
allowable to make some observations on this earliest
of moral controversies.
"All other virtues," said Epicurus, "grow from
prudence, which teaches that Ave cannot live plea-
surably without living justly and virtuously, nor live
justly and virtuously without living pleasurably." *
The illustration of this sentence formed the whole
* Diog. Lacrt. Ub. x. § 132.
26 DISSERTATION ON THE PROGRESS
moral discipline of Epicurus. To him we owe the
general concurrence of reflecting men in succeeding
times, in the important truth that men cannot be
happy without a virtuous frame of mind and course
of life ; a truth of inestimable value, not peculiar to
the Epicureans, but placed by their exaggerations in
a stronger light ; — a truth, it must be added, of less
importance as a motive to right conduct than as com-
pleting Moral Theory, which, however, it is very far
from solely constituting. With that truth the Epi-
cureans blended another position, which indeed is
contained in the first words of the above statement ;
namely, that because Virtue promotes happiness,
every act of virtue must be done in order to promote
the happiness of the agent. They and their modern
followers tacitly assume, that the latter position is
the consequence of the former ; as if it were an in-
ference from the necessity of food to life, that the
fear of death should be substituted for the appetite of
hunger as a motive for eating. " Friendship," says
Epicurus, "is to be pursued by the wise man only
for its usefulness, but he will begin ; as he sows the
field in order to reap." * It is obvious, that if these
words be confined to outward benefits, they may be
sometimes true, but never can be pertinent ; for out-
ward acts sometimes show kindness, but never com-
pose it. If they be applied to kind feeling, they
would indeed be pertinent, but they would be evidently
and totally false ; for it is most certain that no man
acquires an affection merely from his belief that it
would be agreeable or advantageous to feel it. Kind-
ness cannot indeed be pursued on account of the
pleasure which belongs to it ; for man can no more
know the pleasure till he has felt the affection, than
* TV tpiXiav Bioi TTjs xP^'ot^- — I>iog. Laert. lib. x. § 120. "Hie
est locus," Gassendi confesses, " ob quern Epicurus non parum
vexatur, quando nemo non repreliendit, parari amicitiam non sui,
sed utilitatis gratia."
OF ETHICAL PHILOSOPHY. 27
he can form an idea of colour without the sense of
sight. The moral character of Epicurus was excel-
lent; no man more enjoyed the pleasure, or better
performed the duties, of friendship. The letter of his
system was no more indulgent to vice than that of
any other moralist.* Although, therefore, he has the
merit of having more strongly inculcated the con-
nection of Virtue with happiness, perhaps by the
faulty excess of treating it as an exclusive principle ;
yet his doctrine was justly charged with indisposing
the mind to those exalted and generous sentiments,
without which no pure, elevated, bold, generous, or
tender virtues can exist.|
As Epicurus represented the tendency of Virtue,
which is a most important truth in ethical theory, as
the sole inducement to virtuous practice ; so Zeno, in
his disposition towards the opposite extreme, was in-
clined to consider the moral sentiments, which are the
motives of right conduct, as being the sole principles
of moral science. The confusion was equally great
in a philosophical view, but that of Epicurus was
more fatal to interests of higher importance than
those of Philosophy. Had the Stoics been content
with affirming that Virtue is the source of all that part
of our happiness which depends on ourselves, they
would have taken a position from which it would have
been impossible to drive them ; they would have laid
down a principle of as great comprehension in practice
as their wider pretensions ; a simple and incontrover-
tible truth, beyond which everything is an object of
* It is due to him to observe, that he treated humanity towards
slaves as one of the characteristics of a wise man. "Ovn KoXdrreiv
oiKeVas, €\€7Jcrejv jueV toi, koI airfyvwix-qv rivX e^eiv tuu (rirovSaiuv.
— Diog. Laert. lib. x. § 118. It is not unworthy of remark, that
neither Plato nor Epicurus thought it necessary to abstain from
these topics in a city full of slares, many of whom were men not
destitute of knowledge.
f " Nil generosum, nil magnificura sapit." — De Fin. lib. i,
cap. 7.
28 DISSERTATION ON THE PROGRESS
mere curiosity to man. Our information, however,
about the opinions of the more celebrated Stoics is
very scanty. None of their own writings are pre-
served. We know little of them but from Cicero,
the translator of Grecian philosophy, and from the
Greek compilers of a later age ; authorities which
would be imperfect in the history of facts, but which
are of far less value in the history of opinions, where
a right conception often depends upon the minutest
distinctions between words. We know that Zeno was
more simple, and that Chrysippus, who was accounted
the prop of the Stoic Porch, abounded more in subtile
distinction and systematic spirit.* His power was
attested as much by the antagonists whom he called
forth, as by the scholars whom he formed. "Had
there been no Chrysippus, there would have been no
Carneades," was the saying of the latter philosopher
himself; as it might have been said in the eighteenth
century, "Had there been no Hume, there would
have been no Kant and no Reid." Cleanthes, when
one of his followers would pay court to him by laying
vices to the charge of his most formidable opponent,
Arcesilaus the academic, answered with a justice and
candour unhappily too rare, " Silence, — do not ma-
lign him ; — though he attacks Virtue by his argu-
ments, he confirms its authority by his life." Arce-
silaus, whether modestly or churlishly, replied, "I
do not choose to be flattered." Cleanthes, with a
superiority of repartee, as well as charity, replied,
"Is it flattery to say that you speak one thing and
do another ? " It would be vain to expect that the
fragments of the professors who lectured in the Stoic
School for five hundred years, should be capable of
being moulded into one consistent system ; and we
* " Chrysippus, qui fulcire putatur porticum Stoicorum." —
Acad. Qii^est. lib. ii. cap. 24. Elsewhere (De Orat. lib. i. cap. 12. —
De Fin. lib. iv. cap. 3.), " Acutissimus, sed in scribendo exilis
et jejunus, scripsit rhetoricam seu potius obmutesceudi artem ; "
— nearly as we should speak of a Schoolman.
OF ETHICAL PHILOSOPHT. 29
see that, in Epictetus at least, the exajrgeration of the
sect -was lowered to the level of Reason, by confining
the sufficiency of Virtue to those cases only where
happiness is attainable by our voluntary acts. It
ought to be added, in extenuation of a noble error,
that the power of habit and character to struggle
against outward evils has been proved by experience
to be in some instances so prodigious, that no man
can presume to fix the utmost limit of its possible
increase.
The attempt, however, of the Stoics to stretch the
bounds of their system beyond the limits of Nature,
doomed them to fluctuate between a wild fanaticism
on the one hand, and, on the other, concessions which
left their differences from other philosophers purely
verbal. Many of their doctrines appear to be modi-
fications of their original opinions, introduced as op-
position became more formidable. In this manner
they were driven to the necessity of admitting that
the objects of our desires and appetites are worthy of
preference, though they are denied to be constituents
of happiness. It was thus that they were obliged to
invent a double morality ; one for mankind at large,
from whom was expected no more than the Kadiii:oi;
— which seems principally to have denoted acts of
duty done from inferior or mixed motives ; and the
other (which they appear to have hoped from their
ideal wise man) KaTopdujfxa, or perfect observance of
rectitude, — which consisted only in moral acts done
from mere reverence for Morality, unaided by any
feelings ; all which (without the exception of pity)
they classed among the enemies of Reason and the
disturbers of the human soul. Thus did they shrink
from their proudest paradoxes into verbal evasions.
It is remarkable that men so acute did not perceive
and acknowledge, that if pain were not an evil, cruelty
would not be a vice ; and that, if patience were of
power to render torture indifferent. Virtue must
expire in the moment of victory. There can bo
30 DISSERTATION ON THE PROGRESS
no more triumph, when there is no enemy left to
conquer.*
The influence of men's opinions on the conduct of
their lives is checked and modified by so many causes ;
it so much depends on the strength of conviction, on
its habitual combination with feelings, on the concur-
rence or resistance of interest, passion, example, and
sympathy, — that a wise man is not the most forward
in attempting to determine the power of its single
operation over human actions. In the case of an in-
dividual it becomes altogether uncertain. But when
the experiment is made on a large scale, when it is
long continued and varied in its circumstances, and
especially when great bodies of men are for ages the
subject of it, we cannot reasonably reject the con-
sideration of the inferences to which it appears to
lead. The Roman Patriciate, trained in the conquest
and government of the civilised world, in spite of the
tyrannical vices which sprung from that training,
were raised by the greatness of their objects to an
elevation of genius and character unmatched by any
other aristocracy, ere the period when, after pre-
serving their power by a long course of wise compro-
mise with the people, they were betrayed by the army
and the populace into the hands of a single tyrant of
their own order — the most accomplished of usurpers,
and, if Humanity and Justice could for a moment be
silenced, one of the most illustrious of men. There is
no scene in history so memorable as that in which
Caesar mastered a nobility of which LucuUus and
Hortensius, Sulpicius and Catulus, Pompey and Cicero,
Brutus and Cato, were members. This renowned body
had, from the time of Scipio, sought the Greek philo-
sophy as an amusement or an ornament. Some few,
" in thought more elevate," caught the love of Truth,
* " Patience, sovereign o'er transmuted ill." But as soon as
the ill was really " transmuted " into good, it is evident that there
was no longer any scope left for the exercise of patience.
OF ETHICAL PHILOSOPHY. 31
and were ambitious of discovering a solid foundation
for the Rule of Life. The influence of the Grecian
systems was tried, during the five centuries between
Carneades and Constantine, by their effect on a body
of men of the utmost originality, energy, and variety
of character, in their successive positions of rulers of
the world, and of slaves under the best and under the
worst of uncontrolled masters. If we had found this
influence perfectly uniform, we should have justly
suspected our own love of system of having in part
bestowed that appearance on it. Had there been no
trace of such an influence discoverable in so great an
experiment, we must have acquiesced in the paradox,
that opinion does not at all affect conduct. The result
is the more satisfactory, because it appears to illustrate
general tendency without excluding very remarkable
exceptions. Though Cassius was an Epicurean, the
true representative of that school was the accomplished,
prudent, friendly, good-natured time-server Atticus,
the pliant slave of every tyrant, who could kiss the
hand of Antonv, imbrued as it was in the blood of
Cicero. The pure school of Plato sent forth Marcus
Brutus, the sijjnal humanitv of whose life was both
necessary and sufficient to prove that his daring
breach of venerable rules flovred only from that dire
necessity which left no other means of upholding the
most sacred principles. The Roman orator, though
in speculative questions he embraced that mitigated
doubt which allowed most ease and freedom to his
genius, yet, in those moral writings where his heart
was most deeply interested, followed the severest sect
of Philosophy, and became almost a Stoic. If any
conclusion may be hazarded from this trial of systems,
— the greatest which History has recorded, — we must
not refuse our decided, though not undistinguishing,
preference to that noble school which preserved great
souls untainted at the court of dissolute and ferocious
tyrants ; which exalted the slave of one of Nero's
courtiers to be a moral teacher of aftertimes ; — which
32 DISSERTATION ON THE PROGRESS
for the first, and hitherto for tlie only time, breathed
philosophy and justice into those rules of law which
govern the ordinary concerns of every man ; and
which, above all, has contributed, by the examples
of Marcus Fortius Cato and of Marcus Aurelius An-
toninus, to raise the dignity of our species, to keep
alive a more ardent love of Virtue, and a more awful
sense of duty throughout all generations.*
The result of this short review of the practical
philosophy of Greece seems to be, that though it was
rich in rules for the conduct of life, and in exhibitions
of the beauty of Virtue, and though it contains glimpses
of just theory and fragments of perhaps every moral
truth, yet it did not leave behind any precise and
coherent system ; unless we except that of Epicurus,
who purchased consistency, method, and perspicuity
too dearly, by sacrificing Truth, and by narrowing and
lowering his views of human nature, so as to enfeeble,
if not extinguish, all the vigorous motives to arduous
virtue. It is remarkable, that while of the eight
professors who taught in the Porch, from Zeno to
Posidonius, every one either softened or exaggerated
the doctrines of his predecessor ; and while the beau-
tiful and reverend philosophy of Plato had, in his own
Academy, degenerated into a scepticism which did not
spare Morality itself, the system of Epicurus remained
without change ; and his disciples continued for ages
to show personal honours to his memory, in a manner
which may seem unaccountable among those who were
taught to measure propriety by a calculation of pal-
pable and outward usefulness. This steady adherence
is in part doubtless attributable to the portion of
* Of all testimonies to the character of the Stoics, perhaps the
most decisive is the speech of the vile sycophant Capito, in the
mock impeachment of Thrasea Pectus, before a senate of slaves :
" Ut quondam C. Ca^sarem et M. Catonem, ita nunc te, Nero, et
Thraseam, avida discordiarum civitas loquitur .... Ista secta
Tubcrones et Favonios, vcteri quoque reipublicee ingrata nomina,
genuit." — Tacit. Ann. lib. xvi. cap. 22. See Appendix, Note A.
OF ETHICAL PHILOSOPHY. 33
truth which the doctrine contains ; in some degree
perhaps to the amiable and unboastful character of
Kpicurus ; not a little, it may be, to the dishonour of
deserting an unpopular cause ; but probably most of
all to that mental indolence which disposes the mind
to rest in a simple system, comprehended at a glance,
and easily falling in, both with ordinary maxims of
discretion, and with the vulgar commonplaces of satire
on human nature.* WHien all instruction Avas con-
veyed by lectures, and when one master taught the
whole circle of the sciences in one school, it was
natural that the attachment of pupils to a professor
should be more devoted than when, as in our times,
he can teach only a small portion of a Knowledge
spreading towards infinity, and even in his own little
province finds a rival in every good writer who has
treated the same subject. The superior attachment
of the Epicureans to their master is not without some
parallel among the followers of similar principles in
our own age, who have also revived some part of that
indifference to eloquence and poetry which may be
imputed to the habit of contemplating all things in
relation to happiness, and to (what seems its uniform
effect) the egregious miscalculation which leaves a
multitude of mental pleasures out of the account. It
may be said, indeed, that the Epicurean doctrine has
continued with little change to the present day ; at
least it is certain that no other ancient doctrine has
proved so capable of being restored in the same form
among the moderns : and it may be added, that Ilobbes
and Gassendi, as well as some of our own contempo-
raries, are as confident in their opinions, and as in-
* The progress of commonplace satire on sexes or professions,
and (he might have added) on nations, has been exquisitely
touched by Gray in liis Remarks on Lvdgate ; a fragment con-
taining passages as finely thought and Avrittcn as any in English
prose. General satire on mankind is still more absurd ; for no
invective can be so unreasonable as that which is founded on
falling short of an ideal standard.
VOL. L D
34 DISSERTATION ON THE PROGRESS
tolerant of scepticism, as the old Epicureans. The
resemblance of modern to ancient opinions, concerning
some of those questions upon which ethical contro-
versy must always hinge, may be a sufficient excuse
for a retrospect of the Greek morals, which, it is
hoped, will simplify and shorten subsequent observa-
tion on those more recent disputes which form the
proper subject of this discourse.
The genius of Greece fell with Liberty. The Grecian
philosophy received its mortal wound in the contests
between scepticism and dogmatism which occupied the
Schools in the age of Cicero. The Sceptics could only
perplex, and confute, and destroy. Their occupation
was gone as soon as they succeeded. They had nothing
to substitute for what they overthrew ; and they ren-
dered their own art of no further use. They were no
more than venomous animals, who stung their victims
to death, but also breathed their last into the wound.
A third age of Grecian literature indeed arose at
Alexandria, under the Macedonian kings of Egypt ;
laudably distinguished by exposition, criticism, and
imitation (sometimes abused for the purposes of literary
forgery), and still more honoured by some learned
and highly-cultivated poets, as well as by diligent cul-
tivators of History and Science ; among whom a few
began, about the first preaching of Christianity, to
turn their minds once more to that high Philosophy
which seeks for the fundamental principles of human
knowledge. Philo, a learned and philosophical He-
brew, one of the flourishing colony of his nation
established in that city, endeavoured to reconcile the
Platonic philosophy with the Mosaic Law and the
Sacred Books of the Old Testament. About the end
of the second century, when the Christians, Hebrews,
Pagans, and various other sects of semi- or pseudo-
Christian Gnostics appear to have studied in the same
schools, the almost inevitable tendency of doctrines,
however discordant, in such circumstances to amalga-
mate, produced its full effect under Ammonius Saccas,
OF ETHICAL PHILOSOPHY. 35
a celebrated professor, who, bj selection from the Greek
systems, the HebreAv books, and the Oriental religions,
and by some concession to the rising spirit of Chris-
tianity, of which the Gnostics had set the example,
composed a very mixed system, commonly designated
as the Eclectic philosophy. The controversies be-
tween his contemporaries and followers, especially
those of Clement and Origen, the victorious cham-
pions of Christianity, with Plotinus and Porphyry,
who endeavoured to preserve Paganism by clothing
it in a disguise of philosophical Theism, are, from the
effects towards which they contributed, the most
memorable in the history of human opinion.* But
their connection with modern Ethics is too faint to
warrant any observation in this place, on the imper-
fect and partial memorials of them which have reached
us. The death of Boethius in the West, and the
closing of the Athenian Schools by Justinian, may be
considered as the last events in the history of ancient
philosophy.f
* The change attempted by Julian, Porphyry, and their friends,
by which Theism would have become the popular Religion, may
be estimated by the memorable passage of Tacitus on the Theism
of the Jews. In the midst of all the obloquy and opprobrium
with which he loads that people, his tone suddenly rises, when he
comes to contemplate them as the only nation who paid religious
honours to the Supreme and Eternal Mind alone, and his style
swells at the sight of so sublime and wonderful a scene. " Summum
illud et ceternum, neque mutabile, neque interiturum." Hist,
hb. V, cap. 5.
f The punishment of death was inflicted on Pagans by a law
of Constantius. " Volumus cunctos sacrificiis abstinere : si aliquid
hujusniodi pei'pctraverint, gladio ultore stemantur." Cod. Just,
lib. i. tit. xi. ' de Paganis.' From the authorities cited by Gibbon
(note. chap, xi.), as well as from some research, it should seem
that the edict for the suppression of the Athenian schools was not
admitted into the vast collection of laws enacted or systcmatised
by Justinian.
D 2
36 DISSERTATION ON THE PROGRESS
SECTION in.
RETROSPECT OF SCHOLASTIC ETHICS.
An interval of a thousand years elapsed between the
close of ancient and the rise of modern philosophy ;
the most unexplored, yet not the least instructive
portion of the history of European opinion. In that
period the sources of the institutions, the manners, and
the characteristic distinctions of modern nations, have
been traced by a series of philosophical inquirers from
Montesquieu to Hallam ; and there also, it may be
added, more than among the Ancients, are the well-
springs of our speculative doctrines and controversies.
Far from being inactive, the human mind, during
that period of exaggerated darkness, produced dis-
coveries in Science, inventions in Art, and contri-
vances in Government, some of which, perhaps, were
rather favoured than hindered by the disorders of
society, and by the twilight in Avhich men and things
were seen. Had Boethius, the last of the ancients,
foreseen, that within four centuries of his death, in
the province of Britain, then a prey to all the horrors
of barbaric invasion, a chief of one of the fiercest
tribes of barbarians * should translate into the jargon
of his freebooters the work on The Consolations of
Philosophy, of which the composition had soothed the
cruel imprisonment of the philosophic Roman himself,
he must, even amidst his sufferings, have derived
some gratification from such an assurance of the re-
covery of mankind from ferocity and ignorance. But
had he been allowed to revisit the earth in the middle
of the sixteenth century, with what wonder and
delight might he have contemplated the new and
fairer order which was beginning to disclose its
beauty, and to promise more than it revealed. He
* King Alfred.
OF ETHICAL nilLOSOPHY. 37
would have seen personal slavery nearly extin-
guished, and •women, first released from Oriental im-
prisonment by the Greeks, and raised to a higher
dignity among the Romans *, at length fast approach-
ing to due equality ; — two revolutions the most signal
and beneficial since the dawn of civilisation. He
would have seen the discovery of gunpowder, which
for ever guarded civilised society against barbarians,
while it transferred military strength from the few to
the many ; of paper and printing, which rendered a
second destruction of the repositories of knowledge
impossible, as well as opened a way by which it was
to be finally accessible to all mankind ; of the com-
pass, by means of which navigation had ascertained
the form of the planet, and laid open a new continent,
more extensive than his world. If he had turned to
civil institutions, he might have learned that some
nations had preserved an ancient, simple, and seem-
ingly rude mode of legal proceeding, which threw
into the hands of the majority of men a far larger
share of judicial power, than was enjoyed by them in
any ancient democracy. He would have seen every-
where the remains of that principle of representation,
the glory of the Teutonic race, by which popular
government, anciently imprisoned in cities, became
capable of being strengthened by its extension over
vast countries, to which experience cannot even now
assign any limits ; and which, in times still distant,
was to exhibit, in the newly-discovered Continent, a
republican confederacy, likely to surpass the Mace-
* The steps of this important progress, as far as relates to
Athens and Eome, are well remarked upon by one of the finest
of the Roman writers. " Quern enim Romanoi-um pudet uxorem
ducere in convivium ? aut cujus materfamilias non primum locum
tenet aedium, atque in celebritate A-ersatur ? quod multo fit aliter
in Grajcia : nam neque in convivium adhibetur, nisi propin-
quorum ; neque sedct nisi in interiore parte redium, qure GijncB-
conitis appcUatur, quo nemo accedit, nisi propinqua cognationo
conjunctus." Corn. Nep. in Prajfat.
D 3
38 DISSERTATION ON THE PROGRESS
donian and Roman empires in extent, greatness, and
duration, but gloriously founded on the equal rights,
not like them on the universal subjection, of mankind.
In one respect, indeed, he might have lamented that
the race of man had made a really retrograde move-
ment ; that they had lost the liberty of philosophising ;
that the open exercise of their highest faculties was
interdicted. But he might also have perceived that
this giant evil had received a mortal wound from
Luther, who in his warfare against Rome had struck
a blow against all human authority, and unconsciously
disclosed to mankind that they were entitled, or rather
bound, to form and utter their own opinions, and that
most certainly on whatever subjects are the most
deeply interesting ; for although this most fruitful
of moral truths was not yet so released from its com-
bination with the wars and passions of the age as to
assume a distinct and visible form, its action was
already discoverable in the divisions among the Re-
formers, and in the fears and struggles of civil and
ecclesiastical oppressors. The Council of Trent, and
the Courts of Paris, Madrid, and Rome, had before
that time foreboded the emancipation of Reason.
Though the middle age be chiefly memorable as
that in which the foundations of a new order of
society were laid, uniting the stability of the Oriental
system, without its inflexibility, to the activity of the
Hellenic civilisation, without its disorder and incon-
stancy ; yet it is not unworthy of notice by us here,
on account of the subterranean current which flows
through it, from the speculations of ancient to those
of modern times. That dark stream must be un-
covered before the history of the European Under-
standing can be thoroughly comprehended. It was
lawful for the emancipators of Reason in their first
struggles to carry on mortal war against the School-
men. The necessity has long ceased ; they are no
longer dangerous ; and it is now felt by philosophers
that it is time to explore and estimate that vast por-
OF ETHICAL PHILOSOPHY. 39
tion of the history of Philosophy from which we have
scornfully turned our eyes.* A few sentences only
can be allotted to the subject in this place. In the
very depths of the Middle Age, the darkness of Chris-
tendom was faintly broken by a few thinly-scattered
lights. Even then, Moses Ben Maimon taught phi-
losophy among the persecuted Hebrews, whose an-
cient schools had never perhaps been wholly inter-
rupted ; and a series of distinguished Mahometans,
among whom two are known to us by the names of
Avicenna and Averroes, translated the Peripatetic
writings into their own language, expounded their
doctrines in no servile spirit to their followers, and
enabled the European Christians to make those ver-
sions of them from Ai'abic into Latin, which in the
eleventh and twelfth centuries gave birth to the
scholastic philosophy.
The Schoolmen were properly theologians, who em-
ployed philosophy only to define and support that
system of Christian belief which they and their con-
temporaries had embraced. The founder of that
theological system was Aurelius Augustinusf (called
by us Augustin), Bishop of Hippo, in the province of
Africa ; a man of great genius and ardent character,
who adopted, at difterent periods of his life, the most
* Tcnnemann, Geschichte der Philosophie. Cousin, Cours de
Philosophic, Pax-is, 1828. My esteem for this last admirable writer
encourages me to say, that the beauty of his diction has some-
times the same effect on his thouglits that a sunny haze produces
on outward objects ; and to submit to his serious consideration,
whether the allurements of ^ichelling's system have not betrayed
him into a too frequent forgetfulncss that principles, equally
adapted to all phenomena, furnish in speculation no possible test
of their truth, and lead, in practice, to total indifference and
inactivity respecting human affairs. I quote with pleasure an
excellent observation from this work : " Le moyen age n'est pas
autre chose que la formation peniblc, lente et sanglante, de tous
les elemens de la civilisation moderne ; je dis la formation, et non
leur developpement." (2nd Lecture, p. 27.)
t See Note B.
D 4
40 DISSERTATION ON THE PROGRESS
various, but at all times the most decisive and sys-
tematic, as well as daring and extreme opinions.
This extraordinary man became, after some struggles,
the chief Doctor, and for ages almost the sole oracle,
of the Latin Church. It happened by a singular acci-
dent, that the Schoolmen of the twelfth century, who
adopted his theology, instead of borrowing their defen-
sive weapons from Plato, the favourite of their master,
had recourse for the exposition and maintenance of
their doctrines to the writings of Aristotle, the least
pious of philosophical theists. The Augustinian doc-
trines of original sin, predestination, and grace, little
known to the earlier Christian writers, who appear
indeed to have adopted opposite and milder opinions,
were espoused by Augustin himself in his old age ;
when, by a violent swing from his youthful Mani-
cheism, which divided the sovereignty of the world
between two adverse beings, he did not shrink, in his
pious solicitude for tracing the power of God in all
events, from presenting the most mysterious parts of
the moral government of the Universe, in their darkest
colours and their sternest shape, as articles of faith,
the objects of the habitual meditation and practical
assent of mankind. The principles of his rigorous
system, though not with all their legitimate conse-
quences, were taught in the schools ; respectfully pro-
mulgated rather than much inculcated by the Western
Church (for in the East these opinions seem to have
been unknown) ; scarcely perhaps distinctly assented
to by the majority of the clergy ; and seldom heard of
by laymen till the systematic genius and fervid elo-
quence of Calvin rendered them a popular creed in the
most devout and moral portion of the Christian world.
Anselm*, the Piedmontese Archbishop of Canterbury,
was the earliest reviver of the Augustinian opinions.
Aquinas f was their most redoubted champion. To
* Born, 1033; died, 1109.
t Born, 1224 ; died, 1274. See Note C.
J
OF ETHICAL PHILOSOPHY. 41
them, however, the latter joined others of a different
spirit. Faith, according to him, was a virtue, not in
the sense in which it denotes the things believed, but
in that in which it signifies the state of mind which
leads to right Belief Goodness he regarded as the
moving principle of the Divine Government ; Justice,
as a modification of Goodness ; and, with all his zeal
to magnify the Sovereignty of God, he yet taught,
that though God always wills what is just, nothing
is just solely because He wills it. Scotus* the most
subtile of doctors, recoils from the Augustinian rigour,
though he rather intimates than avows his doubts.
He was assailed for his tendency towards the Pelagian
or Anti-Augustinian doctrines by many opponents, of
whom the most famous in his own time was Thomas
Bradwardinef, Archbishop of Canterbury, formerly
confessor of Edward HI., whose defence of Predesti-
nation was among the most noted works of that age.
He revived the principles of the ancient philosophers,
who, from Plato to Marcus Aurelius, taught that error
of judgment, being involuntary, is not the proper sub-
ject of moral disapprobation ; which indeed is implied
in Aquinas's account of Faith.l But he appears to
have been the first whose language inclined towards
* Born about 1265 ; died at Cologne (where his grave is stiU
shown) in 1308, "Whether he was a native of Dunston in North-
umberland, or of Dunse in Berwickshire, or of Down in Ireland,
was a question long and warmly contested, but which seems to
be settled by his biographer, Luke "Wad dins:, who quotes a pas-
sage of Scotus's Commentary on Aristotle's Metaphysics, Mherc
he illustrates his author thus : " As in the definition of St. Francis,
or St. Patrick, man is necessarily presupposed." Scot. Op. i. 3.
As Scotus was a Franciscan, the mention of St. Patrick seems to
show that he was an Irishman. See Note D.
f Bom about 1290 ; died in 1349 ; the contemporary of
Chaucer, and probably a fellow-student of Wicliffe and Roger
Bacon. His principal work was entitled, ' De Causa Dei contra
Pelagium, et de "Virtute Causarum, Libri tres.'
X See Note E.
42 DISSERTATION ON THE PROGRESS
that most pernicious of moral heresies, which repre-
sents Morality to be founded on Will.*
William of Ockham, the most justly celebrated of
English Schoolmen, went so far beyond this inclina-
tion of his master, as to affirm, that " if God had com-
manded his creatures to hate Himself, the hatred of
God would ever be the duty of man ;" — a monstrous
hyperbole, into which he was perhaps betrayed by his
denial of the doctrine of general ideas, the pre-exist-
ence of which in the Eternal Intellect was commonly
regarded as the foundation of the immutable nature
of Morality. This doctrine of Ockham, which by
necessary implication refuses moral attributes to the
Deity, and contradicts the existence of a moral go-
vernment, is practically equivalent to atheism. f As
all devotional feelings have moral qualities for their
sole object ; as no being can inspire love or reverence
otherwise than by those qualities which are naturally
amiable or venerable, this doctrine would, if men were
consistent, extinguish piety, or, in other words, anni-
hilate Religion. Yet so astonishing are the contra-
dictions of human nature, that this most impious of
all opinions probably originated in a pious solicitude
to magnify the Sovereignty of God, and to exalt His
authority even above His own goodness. Hence we
may understand its adoption by John Gerson, the
oracle of the Council of Constance, and the great op-
ponent of the spiritual monarchy of the Pope, — a
pious mystic, who placed religion in devout feeling.ij:
In further explanation, it may be added, that Gerson
was of the sect of the Nominalists, of which Ockham
was the founder, and that he was the more ready to
* See Note F.
t A passage to this effect, from Ockham, with nearly the same
remark, has, since the text was written, been discovered on a re-
perusal of Cudworth's Immutable Morality, p. 10,
X " Remitto ad quod Occam de hac materia in Lib. Sentent.
dicit, in qua explicatione si rudis judicetur, nescio quid appella-
bitur subtilitas." De Vita Spirit. Op. iii. 14.
OP ETHICAL PHILOSOPHY. 43
follow his master, because they both courageously
maintained the independence of the State on the
Church, and the authority of the Church over the
Pope. The general opinion of the schools was, how-
ever, that of Aquinas, who, from the native soundness
of his own understanding, as well as from the excellent
example of Aristotle, was averse from all rash and
extreme dogmas on questions which had any relation,
however distant, to the duties of life.
It is very remarkable, though hitherto unobserved,
that Aquinas anticipated those controversies respect-
ing perfect disinterestedness in the religious affections
which occupied the most illustrious members of his
communion* four hundred years after his death; and
that he discussed the like question respecting the
other affections of human nature with a fulness and
clearness, an exactness of distinction, and a justness of
determination, scarcely surpassed by the most acute of
modern philosophers.f It ought to be added that,
according to the most natural and reasonable con-
struction of his words, he allowed to the Church a
control only over spiritual concerns, and recognised
the supremacy of the civil powers in all temporal
affairs.^
It has already been stated that the scholastic system
was a collection of dialectical subtilties, contrived for
the support of the corrupted Christianity of that age,
by a succession of divines, whose extraordinary powers
of distinction and reasoning were morbidly enlarged
in the long meditation of the Cloister, by the exclusion
of every other pursuit, and the consequent palsy of
* Bossuct and Fenelon.
f See Aquinas. — " Utrum Dens sit super omnia diligendus ex
caritate." — " Utrum in dilectione Dei possit haberi respectus ad
aliquam mercedem." Opera, ix. 322, 325. Some illustrations of
tliis memorable anticipation, whicli has escaped the research even
of the industrious Tennemann, will be found in the Note G.
t See Note H.
44 DISSERTATION ON THE PROGRESS
every other faculty ; — who were cut off from all the
materials on which the mind can operate, and doomed
for ever to toil in defence of what they must never
dare to examine ; — to whom their age and their con-
dition denied the means of acquiring literature, of
observing Nature, or of studying mankind. The few
in whom any portion of imagination and sensibility
survived this discipline, retired from the noise of
debate, to the contemplation of pure and beautiful
visions. They were called Mystics. The greater
part, driven back on themselves, had no better em-
ployment than to weave cobwebs out of the terms of
art which they had vainly, though ingeniously, mul-
tiplied. The institution of clerical celibacy, originat-
ing in an enthusiastic pursuit of Purity, promoted by
a mistake in moral prudence, which aimed at raising
religious teachers in the esteem of their fellows, and
at concentrating their whole minds on professional
duties, at last encouraged by the ambitious policy of
the See of Rome, which was desirous of detaching
them from all ties but her own, had the effect of
shutting up all the avenues which Providence has
opened for the entrance of social affection and vir-
tuous feeling into the human heart. Though this
institution perhaps prevented Knowledge from be-
coming once more the exclusive inheritance of a
sacerdotal caste ; though the rise of innumerable lay-
men, of the lowest condition, to the highest dignities
of the Church, was the grand democratical principle
of the Middle Age, and one of the most powerful agents
in impelling mankind towards a better order ; yet
celibacy must be considered as one of the peculiar
infelicities of these secluded philosophers ; not only
as it abridged their happiness, nor even solely, though
chiefly, as it excluded them from the school in which
the heart is humanised, but also (an inferior con-
sideration, but more pertinent to our present purpose)
because the extinction of these moral feelings was as
much a subtraction from the moralist's store of facts
OP ETHICAL PHILOSOPHY. 45
and means of knowledge, as the loss of sight or of
touch could prove to those of the naturalist.
Neither let it be thought that to have been destitute
of Letters was to them no more than a want of an
ornament and a curtailment of gratification. Every
poem, every history, every oration, every picture, every
statue, is an experiment on human feeling, — the grand
object of investigation by the moralist. Every work
of genius in every department of ingenious Art and
polite Literature, in proportion to the extent and
duration of its sway over the Spirits of men, is a re-
pository of ethical facts, of which the moral philoso-
pher cannot be deprived by his own insensibility, or
by the iniquity of the times, without being robbed of
the most precious instruments and invaluable materials
of his science. Moreover, Letters, which are closer to
human feeling than Science can ever be, have another
influence on the sentiments with which the sciences
are viewed, on the activity with which they are pur-
sued, on the safety with which they are preserved,
and even on the mode and spirit in which they are
cultivated : they are the channels by which ethical
science has a constant intercourse with general feeling.
As the arts called useful maintain the popular honour
of physical knowledge, so polite Letters allure the
world into the neighbourhood of the sciences of Mind
and of Morals. Whenever the agreeable vehicles of
Literature do not convey their doctrines to the public,
they are liable to be interrupted by the dispersion of
a handful of recluse doctors, and the overthrow of
their barren and unlamented seminaries. Nor is this
all : these sciences themselves suffer as much when
they are thus released from the curb of common sense
and natural feeling, as the public loses by the want
of those aids to right practice which moral knowledge
in its sound state is qualified to afford. The necessity
of being intelligible, at least to all persons who join
superior understanding to habits of reflection, and
who are themselves in constant communication with
46 DISSERTATION ON THE PROGRESS
the far wider circle of intelligent and judicious men,
which slowly but surely forms general opinion, is the
only effectual check on the natural proneness of meta-
physical speculations to degenerate into gaudy dreams
or a mere war of words. The disputants who are set
free from the wholesome check of sense and feeling,
generally carry their dogmatism so far as to rouse the
sceptic, who from time to time is provoked to look
into the flimsiness of their cobwebs, and rushes in
with his besom to sweep them, and their systems, into
oblivion. It is true that Literature, which thus
draws forth Moral Science from the schools into the
world, and recals her from thorny distinctions to her
natural alliance with the intellect and sentiments of
mankind, may, in ages and nations otherwise situated,
produce the contrary evil of rendering Ethics shallow,
declamatory, and inconsistent. Europe at this moment
affords, in different countries, specimens of these op-
posite and alike mischievous extremes. But we are
now concerned only with the temptations and errors
of the scholastic age.
We ought not so much to wonder at the mistakes
of men so situated, as that they, without the restraints
of the general understanding, and with the clogs of
system and establishment, should in so many instances
have opened questions untouched by the more unfet-
tered Ancients, and veins of speculation since mis-
takenly supposed to have been first explored in more
modern times. Scarcely any metaphysical controversy
agitated among recent philosophers was unknown to
the Schoolmen, unless we except that which relates to
Liberty and Necessity, and this would be an exception
of doubtful propriety; for the disposition to it is
clearly discoverable in the disputes of the Thomists
and Scotists respecting the Augustinian and Pelagian
doctrines *, although they were restrained from the
avowal of legitimate consequences on either side by the
* See Note I.
OF ETHICAL PHILOSOPHY. 47
theological authority which both parties acknowledged.
The Scotists steadily affirmed the blamelessness of
erroneous opinion ; a principle which is the only ef-
fectual security for conscientious inquiry, for mutual
kindness, and for public quiet. The controversy be-
tween the Nominalists and Realists, treated by some
modern writers as an example of barbarous wrangling,
was in truth an anticipation of that modern dispute
which still divides metaphysicians, — AVhether the
human mind can form general ideas, or Whether the
words which are supposed to convey such ideas be
not terms, representing only a number of particular
perceptions ? — questions so far from frivolous, that
they deeply concern both the nature of reasoning and
the structure of language ; on which Hobbes, Berkeley,
Hume, Stewart, and Tooke, have followed the Nomi-
nalists ; and Descartes, Locke, Reid, and Kant, have,
with various modifications and some inconsistencies,
adopted the doctrine of the Realists.* With the
Schoolmen appears to have originated the form,
though not the substance, of the celebrated maxim,
which, whether true or false, is pregnant with systems,
— "There is nothing in the Understanding which was
not before in the Senses." Ockham f the Nominalist
first denied the Peripatetic doctrine of the existence
of certain species (since the time of Descartes called
" ideas ") as the direct objects of perception and
thought, interposed between the mind and outward
* Locke speaks on this subject inconsistently ; Reid calls him-
self a conceptualist ; Kant uses terms so different, that he ought
perhaps to be considered as of neither party. Leibnitz, var}-ing
in some measure from the general spirit of his speculations,
warmly panegyrises the Nominalists : " Secta Nominalium,
omnium inter scholasticos profundissima, et hodiernai reformataj
philosophandi rationi congruentissima." Op. iv. 59.
t " Maximi vir ingenii, et cruditionis pro illo jevo summae,
Wilhelmus Occam, Anglus." lb. 60. The writings of Ockham,
which are ver}- rare, I have never seen. I OTve my knowledge of
them to Tennemann, who however quotes the words of Ockham,
and of his disciple BieL
48 DISSERTATION ON THE PEOGRESS
objects ; the modern opposition to whicli by Dr. Reid
has been supposed to justify the allotment of so high
a station to that respectable philosopher. He taught
also that we know nothing of Mind but its acts, of
which we are conscious. More inclination towards
an independent philosophy is to be traced among the
Schoolmen than might be expected from their cir-
cumstances. Those who follow two guides will some-
times choose for themselves, and may prefer the
subordinate one on some occasions. Aristotle rivalled
the Church ; and the Church herself safely allowed
considerable latitude to the philosophical reasonings
of those who were only heard or read in colleges or
cloisters, on condition that they neither impugned
her authority, nor dissented from her worship, nor
departed from the language of her creeds. The
Nominalists were a free-thinking sect, who, notwith-
standing their defence of kings against the Court
of Rome, were persecuted by the civil power. It
should not be forgotten that Luther was a Nomi-
nalist.*
If not more remarkable, it is more pertinent to our
purpose, that the ethical system of the Schoolmen,
or, to speak more properly, of Aquinas, as the Moral
Master of Christendom for three centuries, was in its
practical part so excellent as to leave little need of
extensive change, with the inevitable exception of the
connection of his religious opinions with his precepts
and counsels. His Rule of Life is neither lax nor
impracticable. His grounds of duty are solely laid
in the nature of man, and in the wellbeing of society.
Such an intruder as Subtilty seldom strays into his
moral instructions. With a most imperfect knowledge
of the Peripatetic writings, he came near the Great
Master, by abstaining, in practical philosophy, from
* " In Martini Lutberi scriptis prioribus amor Nominalium
satis elucet, donee proeedente tempore erga omnes monachos
SDCiualiter affeetus esse coepit." lb.
OF ETHICAL PHILOSOPHY. 49
the unsuitable exercise of that faculty of distinction,
in which he would probably have shown that he was
little inferior to Ai'istotle, if he had been equally
unrestrained. His very frequent coincidence with
modern moralists is doubtless to be ascribed chiefly
to the nature of the subject ; but in part also to that
unbroken succession of teachers and writers, which
preserved the observations contained in what had been
long the text-book of the European Schools, after the
books themselves had been for ages banished and for-
gotten. The praises bestowed on Aquinas by every
one of the few great men who appear to have examined
his writings since the downfal of his power, among
whom may be mentioned Erasmus, Grotius, and
Leibnitz, are chiefly, though not solely, referable to
his ethical works.*
Though the Schoolmen had thus anticipated many
modern controversies of a properly metaphysical sort,
they left untouched most of those questions of ethical
theory which were unknown to, or neglected by, the
Ancients They do not appear to have discriminated
between the nature of moral sentiments, and the cri-
terion of moral acts; to have considered to what
faculty of our mind moral approbation is referable ;
or to have inquired whether our Moral Faculty, what-
ever it may be, is implanted or acquired. Those who
measure only by palpable results, have very consist-
ently regarded the metaphysical and theological con-
troversies of the Schools as a mere waste of intellectual
power. But the contemplation of the athletic vigour
and versatile skill manifested by the European under-
standing, at the moment when it emerged from this
tedious and rugged discipline, leads, if not to appro-
bation, yet to more qualified censure. What might
have been the result of a different combination of
circumstances, is an inquiry which, on a large scale,
* See especially the excellent Preface of licibnitz to Nizolius,
t§ 37. lb 59.
r ■
50 DISSERTATION ON THE PROGRESS
is beyond human power. We may, however, venture
to say that no abstract science, unconnected with
Religion, was likely to be respected in a barbarous
age ; and we may be allowed to doubt whether any
knowledge dependent directly on experience and ap-
plicable to immediate practice, would have so trained
the European mind as to qualify it for that series of
inventions, and discoveries, and institutions which
begins with the sixteenth century, and of which no
end can now be foreseen but the extinction of the race
of man.
The fifteenth century was occupied by the disputes
of the Realists with the Nominalists, in which the
scholastic doctrine expired. After its close no School-
man of note appeared. The sixteenth may be con-
sidered as the age of transition from the scholastic to
the modern philosophy. The former, indeed, retained
possession of the Universities, and was long after dis-
tinguished by all the ensigns of authority. But
the mines were already prepared ; the revolution in
Opinion had commenced. The moral writings of the
preceding times had generally been commentaries on
that part of the Summa Theologiae of Aquinas which
relates to Ethics. Though these still continued to be
published, yet the most remarkable moralists of the
sixteenth century indicated the approach of other
modes of thinking, by the adoption of the more inde-
pendent titles of "Treatises on Justice" and "Law."
These titles were suggested, and the spirit, contents,
and style of the writings themselves were materially
affected by the improved cultivation of the Roman
law, by the renewed study of ancient literature, and
by the revival of various systems of Greek philosophy,
now studied in the original, which at once mitigated
and rivalled the scholastic doctors, and while they ren-
dered Philosophy more free, re-opened its communi-
cations with society and affairs. The speculative
theology which had arisen under the French govern-
ments of Paris and London in the twelfth century,
k
OF ETHICAL PHILOSOPHY. 51
which flourished in the thirteenth in Italy in the
hands of Aquinas, which was advanced in the British
Islands by Scotus and Ockhara in the fourteenth, was
in the sixteenth, with unabated acuteness, but with a
clearness and elegance unknown before the restoration
of Letters, cultivated by Spain, in that age the most
powerful and magnificent of the European nations.
]\Iany of these writers treated the law of war and
the practice of hostilities in a juridical form.* Francis
Victoria, who began to teach at Valladolid in 1525,
is said to have first expounded the doctrines of the
Schools in the lano-uaore of the ajje of Leo the Tenth.
Dominic Soto f , a Dominican, the confessor of Charles
v., and the oracle of the Council of Trent, to whom
that assembly were indebted for much of the precision
and even elegance for which their doctrinal decrees
are not unjustly commended, dedicated his Treatise
on Justice and Law to Don Carlos, in terms of praise
which, used by a writer who is said to have declined
the high dignities of the Church, lead us to hope that
he was unacquainted with the brutish vices of that
wretched prince. It is a concise and not inelegant
compound of the Scholastic Ethics, which continued
* Many of the separate dissertations, on points of this nature,
are contained in the immense collection entitled " Tractatus Trac-
tatuum," published at Venice in 1584, under the patronage of
the Romaii see. There are three De Bello ; one by Lupus of
Segovia when Francis I. was prisoner in Spain ; another, more
celebrated, by Francis Aria^, who, on the llth June 1532, dis-
cussed before the CoUeiiC of Cardinals the legitimacy of a war
by the Emperor against the Pope. There are two De Pace ; and
otiiers De Potestate Rcgia, ]5e Poena Mortis, &c. The most
ancient and scholastic is that of J. de Lignano of Milan De BeUo.
The above writers are mentioned in the prolegomena to Grotius,
De Jure Belli. Pietro Belloni, Counsellor of the Duke of Savoy
(De Re Militari), treats his subject with the minuteness of a
Judge- Advocate, and has more modern examples, chiefly Italian,
than Grotius.
t Born, 1494; died, 1560. Antonii Bib, Ilisp. Nov. The
opinion of the extent of Soto's knowledge entertahied by his con-
temporaries is expressed in a jingle, Qui scit Solum scit totunu
£ 2
52 DISSERTATION ON THE PEOGRESS
to be of considerable authority for more than a cen-
tury.* Both he and his master Victoria deserve to
be had in everlasting remembrance, for the part which
they took on behalf of the natives of America and of
Africa, against the rapacity and cruelty of the Spa-
niards. Victoria pronounced war against the Ame-
ricans for their vices, or for their paganism, to be
unjust.j" Soto was the authority chiefly consulted
by Charles V., on occasion of the conference held
before him at Valladolid, in 1542, between Sepulveda,
an advocate of the Spanish colonists, and Las Casas,
the champion of the unhappy Americans, of which
the result was a very imperfect edict of reformation
in 1543. This, though it contained little more than a
recognition of the principle of justice, almost excited
a rebellion in Mexico. Sepulveda, a scholar and a
reasoner, advanced many maxims which were specious
and in themselves reasonable, but which practically
tended to defeat even the scanty and almost illusive
reform which ensued. Las Casas was a passionate
missionary, whose zeal, kindled by the long and near
contemplation of cruelty, prompted him to exag-
gerations of fact and argument | ; yet, with all its
errors, it afforded the only hope of preserving the
natives of America from extirpation. The opinion of
Soto could not fail to be conformable to his excellent
principle, that "there can be no difference between
Christians and pagans, for the law of nations is equal
to all nations." § To Soto belongs the signal honour
of beino; the first writer who condemned the African
slave-trade. " It is affirmed," says he, " that the
unhappy Ethiopians are by fraud or force carried
* See Note K.
f " Indis non debere auferri imperium, ideo quia sunt pecca-
tores, vel ideo quia non sunt Christiani," were the words of
Victoria.
X See Note L.
§ " Neque discrepantia (ut reor) est inter Christianos et in- ,
fideles, quoniam jus gentium cunctis gentibus sequale est."
I
OF ETHICAL PHILOSOPHY. 53
away and sold as slaves. If this is true, neither those
who have taken them, nor those who purchased them,
nor those who hold them in bondage, can ever have a
quiet conscience till they emancipate them, even if no
compensation should be obtained." * As the work
which contains this memorable condemnation of man-
stealing and slavery was the substance of lectures for
many years delivered at Salamanca, Philosophy and
Religion appear, by the hand of their faithful minister,
to have thus smitten the monsters in their earliest
infancy. It is hard for any man of the present age
to conceive the praise which is due to the excellent
monks who courageously asserted the rights of those
whom they never saw, against the prejudices of their
order, the supposed interest of their religion, the
ambition of their government, the avarice and pride
of their countrymen, and the prevalent opinions cf
their time.
Francis Suarez f, a Jesuit, whose voluminous works
amount to twenty-four volumes in folio, closes the list
of writers of his class. His work on Laws and on
God the Lawgiver, may be added to the above treatise
of Soto, as exhibiting the most accessible and perspi-
cuous abridgment of the theological philosophy in its
latest form. Grotius, who, though he was the most
upright and candid of men, could not have praised a
Spanish Jesuit beyond his deserts, calls Suarez the
most acute of philosophers and divines.| On a prac-
tical matter, which may be naturally mentioned here,
though in strict method it belongs to another subject,
the merit of Suarez is conspicuous. He first saw that
international law was composed not only of the simple
principles of justice applied to the intercourse be-
tween states, but of those usages, long observed in
* De Just, et Jure, lib. iv. quaest. ii. art 2.
t Born, 1538 ; died, 1617.
j " Tantie suhtilitutis philosophum et theologum, ut vix quem-
quarn habeat parcm." Grotii Epist. apud Anton. Bib. Hisp. Nov.
£ 3
54 DISSERTATION ON THE PROGRESS
that intercourse by the European race, which have
since been more exactly distinguished as the consue-
tudinary law acknowledged by the Christian nations
of Europe and America.* On this important point
his views are more clear than those of his contempo-
rary Alberico Gentili."|' It must even be owned, that
the succeeding intimation of the same general doctrine
by Grotius is somewhat more dark, — perhaps from
his excessive pursuit of concise diction.^
SECTION lY.
MODERN ETHICS.
GROTIUS — HOBBES.
The introduction to the great work of Grotius §, com-
posed in the first years of his exile, and published at
Paris in 1625, contains the most clear and authentic
statement of the general principles of Morals prevalent
in Christendom after the close of the Schools, and be-
fore the writings of Hobbes had given rise to those
ethical controversies which more peculiarly belong to
modern times. That he may lay down the funda-
* " Nunquam enim civitates sunt sibi tam sufficientes quin in-
digeant mutuo juvamine et societate, interdum ad majorem utili-
tatem, interdum ob necessitatem inoralem. Hac igitur ratione
indigent aliqno jure quo dirigantur et recte ordinentur in hoc
genere societatis. Et quamvis magna ex parte hoc fiat per
rationem naturalem, non tamen sufficienter et immediate quoad
omnia, ideoque specialia jura poterant usu earundem gentium intro-
duci." De Leg. lib. ii. cap. ii.
f Born in the March of Ancona, 1550 ; died at London, 1608,
X De Jur. Bell. lib. i. cap. i. § 14.
§ Prolegomena. His letter to Vossius, of 1st August 1625,
determines the exact period of the publication of this famous
work. Epist. 74.
OF ETHICAL PHILOSOPHY. 5o
mental principles of Ethics, he introduces Carneades
on the stage as denying altogether the reality of moral
distinctions ; teaching that law and morality are con-
trived by powerful men for their own interest ; that
they vary in different countries, and change in suc-
cessive ages ; that there can be no natural law, since
Nature leads men as well as other animals to prefer
their own interest to every other object ; that, there-
fore, there is either no justice, or if there be, it is
another name for the height of folly, inasmuch as it
is a fond attempt to persuade a human being to injure
himself for the unnatural purpose of benefiting his
fellow-men.* To this Grotius answered, that even
inferior animals, under the powerful, though transient,
impulse of parental love, prefer their young to their
own safety or life ; that gleams of compassion, and,
he might have added, of gratitude and indignation,
appear in the human infant long before the age of
moral discipline ; that man at the period of maturity
is a social animal, who delights in the society of his
fellow-creatures for its own sake, independently of the
help and accommodation which it yields ; that he is a
reasonable being, capable of framing and pursuing
general rules of conduct, of which he discerns that
the observance contributes to a regular, quiet, and
happy intercourse between all the members of the
community ; and that from these considerations all
the precepts of Morality, and all the commands and
prohibitions of just Law, may be derived by impartial
Reason. " And these principles," says the pious phi-
losopher, " would have their weight, even if it were
to be granted (which could not be conceded without
the highest impiety) that there is no God, or that He
* The same commoni)lace paradoxes were retailed by tlie So-
phists, whom Socrates is introduced as chastising in the Dialogues
of Plato. They were common enough to be put by the Historian
into the mouth of an ambassador in a public speech. ^AvSpl Se
TvpoLvvw ^ TToAet o-px^^ e'xoutf'j? ovhfv 6.\oyov o ti ^vjx(p4pov. Thucyd.
lib. vi. cap. 85.
£ 4
56 DISSERTATION ON THE PROGRESS
exercises no moral government over human affairs." *
"Natural law is the dictate of right Reason, pro-
nouncing that there is in some actions a moral obli-
gation, and in other actions a moral deformity, arising
from their respective suitableness or repugnance to
the reasonable and social nature ; and that conse-
quently such acts are either forbidden or enjoined
by God, the Author of Nature. Actions which are
the subject of this exertion of Reason, are in them-
selves lawful or unlawful, and are therefore, as such,
necessarily commanded or prohibited by God."
Such was the state of opinion respecting the first
principles of the moral sciences, when, after an im-
prisonment of a thousand years in the Cloister, they
began once more to hold intercourse with the general
understanding of mankind. It will be seen in the
laxity and confusion, as well as in the prudence and
purity of this exposition, that some part of the method
and precision of the Schools was lost with their end-
less subtilties and their barbarous language. It is
manifest that the latter paragraph is a proposition, —
not, what it affects to be, a definition ; that as a pro-
position it contains too many terms very necessary to
be defined ; that the purpose of the excellent writer
is not so much to lay down a first principle of Morals,
as to exert his unmatched power of saying much in
few words, in order to assemble within the smallest
compass the most weighty inducements, and the most
effectual persuasions to well-doing.
* " Et hsec quidem locum aliquem haberent, etiamsi daretur
(quod sine summo scelere dari nequit) non esse Deum, aut non
curari ab eo negotia humana." Proleg. 11. And in another
place, " Jus naturale est dictatum rectie rationis, indicans actui
alicui, ex ejus convenientia aut disconvenientia cum ipsa natura
rationali et sociali, inesse moralem turpitudinem aut necessitatem
moralem, ac consequenter ab auctore naturce Deo talem actum
aut vetari aut prsecipi." " Actus de quibus rale exstat dictatum,
debiti sunt aut illicit! per se, atque ideo a Deo necessario prae-
cepti aut vetiti intelliguntur." — De Jur. Bell. lib. i. cap. i. § 10.
OF ETHICAL PHILOSOPHY. 57
This "was the condition in which ethical theory was
found bj Hobbes, with whom the present Dissertation
should have commenced, if it had been possible to
state modern controversies in a satisfactory manner,
without a retrospect of the revolutions in Opinion
from which they in some measure flowed.
HOBBES.*
Thomas Hobbes of Malmesbury may be numbered
among those eminent persons born in the latter half
of the sixteenth century, who gave a new character
to European philosophy in the succeeding age. f He
was one of the late writers and late learners. It was
not till he was nearly thirty that he supplied the
defects of his early education, by classical studies so
successfully prosecuted, that he wrote well in the
Latin then used by his scientific contemporaries ; and
made such proficiency in Greek as, in his earliest
work, the Translation of Thucydides, published when
he was forty, to afford a specimen of a version still
valued for its remarkable fidelity, though written with
a stiffness and constraint very opposite to the masterly
facility of his original compositions. It was after
forty that he learned the first rudiments of Geometry
(so miserably defective was his education) ; but yield-
ing to the paradoxical disposition apt to infect those
who beofin to learn after the natural afje of commence-
ment, he exposed himself, by absurd controversies
with the masters of a Science which looks down with
* Bom, 1588 ; (lied, 1679.
f Bacon, Descartes, Hobbes, and Grotiiis. The writings of the
first are still as delightful and wonderful as they ever were, and
his authority will have no end. Descartes forms an era in the
history of Metaphysics, of Physics, of Mathematics. The con-
troversies excited by Grotius have long ceased, but the powerful
influence of his works will be doubted by those only who are un-
acquainted with the disputes of the seventeenth century.
58 DISSERTATION ON THE PROGRESS
scorn on the sophist. A considerable portion of his
mature age was passed on the Continent, where he
travelled as tutor to two successive Earls of Devon-
shire,— a family with whom he seems to have passed
near half a century of his long life. In France his
reputation, founded at that time solely on personal
intercourse, became so great, that his observations on
the meditations of Descartes were published in the
works of that philosopher, together with those of
Gassendi and Arnauld.* It was about his sixtieth
year that he began to publish those philosophical
writings which contain his peculiar opinions; — which
set the understanding of Europe into general motion,
and stirred up controversies among metaphysicians
and moralists, not even yet determined. At the age
of eighty-seven he had the boldness to publish metrical
versions of the Iliad and Odyssey, which the greatness
of his name, and the singularity of the undertaking,
still render objects of curiosity, if not of criticism.
He owed his influence to various causes ; at the
head of which may be placed that genius for system,
which, though it cramps the growth of Knowledge "f,
perhaps finally atones for that mischief, by the zeal
and activity which it rouses among followers and
opponents, who discover truth by accident, when in
pursuit of weapons for their warfare. A system which
attempts a task so hard as that of subjecting vast pro-
vinces of human knowledge to one or two principles,
* The prevalence of freethinking under Louis XIII., to a far
greater degree than it was avowed, appears not only from the
complaints of Mersenne and of Grotius, but from the disclosures
of Guy Patin ; who, in his Letters, describes his own conver-
sations with Gassendi and Naude, so as to leave uo doubt of
their opinions.
f " Another error," says the Master of Wisdom, " is the over-
early and peremptory reduction of knowledge into arts and
methods, from which time commonly receives small augmenta-
tion." Advancement of Learning, book i. " Method," says he,
*' carrying a show of total and perfect knowledge, has a tendency
to generate acquiescence." What pregnant words !
OF ETHICAL PHILOSOPHY. 59
if it presents some striking instances of conformity to
superficial appearances, is sure to delight the framer,
and, for a time, to subdue and captivate the student
too entirely for sober reflection and rigorous examin-
ation. The evil does not, indeed, very frequently
recur. Perhaps Aristotle, Hobbes, and Kant, are the
only persons who united in the highest degree the
great faculties of comprehension and discrimination
which compose the Genius of System. Of the three,
Aristotle alone could throw it off where it was glar-
ingly unsuitable ; and it is deserving of observation,
that the reign of system seems, from these examples,
progressively to shorten in proportion as Reason is
cultivated and Knowledge advances. But, in the first
instance, consistency passes for Truth. When prin-
ciples in some instances have proved sufficient to give
an unexpected explanation of facts, the delighted
reader is content to accept as true all other deductions
from the principles. Specious premises being assumed
to be true, nothing more can be required than logical
inference. Mathematical forms pass current as the
equivalent of mathematical certainty. Tlie unwary
admirer is satisfied with the completeness and sym-
metry of the plan of his house, — unmindful of the
need of examining the firmness of the foundation and
the soundness of the materials. The system-maker,
like the conqueror, long dazzles and overawes the
world ; but when their sway is past, the vulgar herd,
unable to measure their astonishing faculties, take re-
venge by trampling on fallen greatness.
The dogmatism of Hobbes was, however unjustly,
one of the sources of his fame. The founders of sys-
tems deliver their novelties with the undoubting spirit
of discoverers ; and their followers are apt to be dog-
matical, because they can see nothing beyond their
own ground. It might seem incredible, if it were not
established by the experience of all ages, that those
who differ most from the opinions of their fellow-men
are most confident of the truth of their own. But it
60 DISSERTATION ON THE PROGRESS
commonly requires an overweening conceit of the
superiority of a man's own judgment, to make him
espouse very singular notions ; and when he has once
embraced them, they are endeared to him by the hos-
tility of those whom he contemns as the prejudiced
vulgar. The temper of Hobbes must have been
originally haughty. The advanced age at which he
published his obnoxious opinions, rendered him more
impatient of the acrimonious opposition which they
necessarily provoked ; until at length a strong sense
of the injustice of the punishment impending over
his head for the publication of what he believed to be
truth, co-operated with the peevishness and timidity
of his years, to render him the most imperious and
morose of dogmatists. His dogmatism has indeed one
quality more offensive than that of most others. Pro-
positions the most adverse to the opinions of mankind,
and the most abhorrent from their feelings, are intro-
duced into the course of his argument with mathe-
matical coldness. He presents them as demonstrated
conclusions, without deigning to explain to his fellow-
creatures how they all happened to believe the opposite
absurdities, and without even the compliment of once
observing how widely his discoveries were at vari-
ance with the most ancient and universal judgments
of the human understanding. The same quality in
Spinoza indicates a recluse's ignorance of the world.
In Hobbes it is the arrogance of a man who knows
mankind and despises them.
A permanent foundation of his fame remains in his
admirable style, which seems to be the very perfection
of didactic language. Short, clear, precise, pithy, his
language never has more than one meaning, which it
never requires a second thought to find. By the help
of his exact method, it takes so firm a hold on the
mind, that it will not allow attention to slacken. His
little tract on Human Nature has scarcely an am-
biguous or a needless word. He has so great a power
of always choosing the most significant term, that he
OF ETHICAL PHILOSOPHY. 61
never is reduced to the poor expedient of using many
in its stead. He had so thoroughly studied the genius
of the language, and knew so well how to steer be-
tween pedantry and vulgarity, that two centuries have
not superannuated probably more than a dozen of his
words. His expressions are so luminous, that he is
clear without the help of illustration. Perhaps no
■writer of any age or nation, on subjects so abstruse,
has manifested an equal i>ower of engraving his
thoughts on the mind of his readers. He seems never
to have taken a word for ornament or pleasure ; and
he deals with eloquence and poetry as the natural
philosopher who explains the mechanism of children's
toys, or deigns to contrive them. Yet his style so
stimulates attention, that it never tires ; and, to those
who are acquainted with the subject, appears to have
as much spirit as can be safely blended with Reason.
He compresses his thoughts so unaffectedly, and yet
so tersely, as to produce occasionally maxims which
excite the same agreeable surprise with wit, and have
become a sort of philosophical proverbs ; — the suc-
cess of which he partly owed to the suitableness of
such forms of expression to his dictatorial nature. His
words have such an appearance of springing from his
thoughts, as to impress on the reader a strong opinion
of his originality, and indeed to prove that he was
not conscious of borrowinsr : thoujjh conversation with
Gassendi must have influenced his mind ; and it is
hard to believe that his coincidence with Ockham
should have been purely accidental on points so im-
portant as the denial of general ideas, the reference of
moral distinctions to superior power, and the absolute
thraldom of Religion under the civil power, which he
seems to have thought necessary, to maintain that
independence of the State on the Church, with which
Ockham had been contented.
His philosophical writings might be read without
reminding any one that the author was more than an
intellectual machine. They never betray a feeling
62 DISSERTATION ON THE PROGRESS
except tliat insupportable arrogance which looks down
on his fellow-men as a lower species of beings ; whose
almost unanimous hostility is so far from shaking the
firmness of his conviction, or even ruffling the calm-
ness of his contempt, that it appears too petty a cir-
cumstance to require explanation, or even to merit
notice. Let it not be forgotten, that part of his re-
nown depends on the application of his admirable
powers to expound Truth when he meets it. This
great merit is conspicuous in that part of his treatise
of Human Nature which relates to the percipient and
reasoning faculties. It is also very remarkable in
many of his secondary principles on the subject of
Government and Law, which, while the first principles
are false and dangerous, are as admirable for truth as
for his accustomed and unrivalled propriety of ex-
pression.* Li many of these observations he even
shows a disposition to soften his paradoxes, and to
conform to the common sense of mankind.f
It was with perfect truth observed by my excellent
friend Mr. Stewart, that "the ethical principles of
Hobbes are completely interwoven with his political
system." \ He might have said, that the whole of
Hobbes's system, moral, religious, and in part philo-
* See De Corpore Politico, Part i. chap. ii. iii. iv. and Levia-
than, Part i. chap. xiv. xv. for remarks of this sort, full of
sagacity.
f " The laws of Nature are immutable and eternal; for in-
justice, ingratitude, arrogance, pride, iniquity, acception of per-
sons, and the rest, can never be made lawful. For it can never
be that war shall preserve life, and peace destroy it." Leviathan,
Part i. chap. xv. See also Part ii. chap. xxvi. xxviii. on Laws,
and on Punishments.
X See Encyc. Brit. i. 42. The political state of England is
indeed said by himself to have occasioned his first philosophical
publication.
Nascitur interea scelus execrabile belli.
Horreo spectans,
Meque ad dilectam confero Lutetiam,
Postquc duos annos edo De Give LibeUum.
OF ETHICAL PHILOSOPHY. 63
sophical, depended on his political scheme ; not indeed
logically, as conclusions depend upon premises, but
(if the word may be excused) 'psychologically^ as the
formation of one opinion may be influenced by a dis-
position to adapt it to others previously cherished.
The Translation of Thucydides, as he himself boasts,
was published to show the evils of popular govern-
ment* Men he represented as being originally equal,
and having an equal right to all things, but as being
taught by Reason to sacrifice this right for the ad-
vantages of peace, and to submit to a common author-
ity, which can preserve quiet, only by being the sole
depositary of force, and must therefore be absolute
and unlimited. The supreme authority cannot be
sufficient for its purpose, unless it be wielded by a
single hand ; nor even then, unless his absolute power
extends over Religion, which may prompt men to dis-
cord by the fear of an evil greater than death. The
perfect state of a community, according to him, is
where Law prescribes the religion and morality of the
people, and where the will of an absolute sovereign is
the sole fountain of Law. Hooker had inculcated the
simple truth, that " to live by one man's will is the
cause of many men's misery : " — Hobbes embraced
the daring paradox, that to live by one man's will is
the only means of all men's happiness. Having thus
rendered Religion the slave of every human tyrant, it
was an unavoidable consequence, that he should be
disposed to lower her character, and lessen her power
over men ; that he should regard atheism as the most
effectual instrument of preventing rebellion, — at least
that species of rebellion which prevailed in his time,
and had excited his alarms. The formidable alliance
* The conference between the ministers from Athens and the
Mclean chiefs, in the 5th book, and the speech of Euphemus in
the 6th book of that historian, exhibit an undisguised Hobbiunt,
which was very dramatically put into the mouth of Athenian
statesmen at a time when, as we learn from Plato and Aristophanes,
it was preached by the Sophists.
64 DISSERTATION ON THE PROGRESS
of Religion with Liberty haunted his mind, and urged
him to the bold attempt of rooting out both these
mighty principles ; which, when combined with in-
terests and passions, when debased by impure support,
and provoked by unjust resistance, have indeed the
power of fearfully agitating society ; but which are,
nevertheless, in their own nature, and as far as they
are unmixed and undisturbed, the parents of Justice,
of Order, of Peace, as well as the sources of those
hopes, and of those glorious aspirations after higher
excellence, which encourage and exalt the Soul in its
passage through misery and depravity. A Hobbist is
the only consistent persecutor ; for he alone considers
himself as bound, by whatever conscience he has
remaining, to conform to the religion of the sovereign.
He claims from others no more than he is himself
ready to yield to any master*; while the religionist
who persecutes a member of another communion,
exacts the sacrifice of conscience and sincerity, though
professing that rather than* make it himself, he is pre-
pared to die.
REMARKS.
The fundamental errors on which the ethical system
of Hobbes is built are not peculiar to him ; though
* Spinoza adopted precisely the same first principle with Hobbes,
that all men have a natural right to all things. Tract. Theol.
Pol. cap. ii. § 3. He even avows the absurd and detestable
maxim, that states are not bound to observe their treaties longer
than the interest or danger which first formed the treaties con-
tinues. But on the internal constitution of states he embraces
opposite opinions. Servitutis enim, non pads, interest omnem
potestatem ad unum transferre. (Ibid. cap. vi. § 4.) Limited
monarchy he considers as the only tolerable example of that
species of government. An aristocracy nearly approaching to
the Dutch system during the suspension of the Stadtholdership,
he seems to prefer. He speaks favourably of democracy, but the
chapter on that subject is left unfinished. " Nulla plane templa
urbium sumptibus jedificanda, nee jura de opinionibus statuenda."
He was the first republican atheist of modern times, and probably
the earliest irreligious opponent of an ecclesiastical establishment.
OF ETHICAL PHILOSOPHY. 65
he has stated them with a bokler precision, and phaced
them in a more conspicuous station in the van of his
main force, than any other of those who have either
frankly avowed, or tacitly assumed, them, from the
beginning of speculation to the present moment. They
may be shortly stated as follows.
1. The first and most inveterate of these errors is,
that he does not distinguish thought from feeling, or
rather that he in express words confounds them. The
mere perceptioji of an object, according to him, differs
from the pleasure or pain which that perception may
occasion, no otherwise than as they affect different
organs of the bodily frame. The action of the mind
in perceiving or conceiving an object is precisely the
same with that of feeling the agreeable or disagree-
able.* The necessary result of this original confusion
is, to extend the laws of the intellectual part of our
nature over that other part of it (hitherto without
any adequate name), which feels, and desires, and
loves, and hopes, and wills. In consequence of this
long confusion, or want of distinction, it has happened
that, while the simplest act of the merely intellectual
part has many names (such as " sensation," " per-
ception," " impression," &c.), the correspondent act of
the other not less important portion of man is not
* This doctrine is explained in his tract on Human Nature,
c. vii. " Conception is a motion in some internal substance of
the head, which proceeding to the heart, when it helpeth the
motion there, is called pleasure; when it weakeneth or hindereth
the motion, it is called pain." The same matter is handled more
cursorily, agreeably to the practical purpose of the work, in
Leviathan, part i. chap. vi. These passages are here referred to
as proofs of the statement in the text. With the materialism of
it we have here no concern. If the multiplied suppositions were
granted, we should not advance one step towards understanding
what they profess to explain. The first four words are as un-
meaning as if one were to say that greenness is very loud. It is
obvious that many motions which promote the motion of the heart
are extremely painful.
VOL. I. P
G6 DISSERTATION ON THE PROGRESS
denoted by a technical term in philosophical systems ;
nor by a convenient word in common language. " Sen-
sation " has another more common sense ; " Emotion "
is too warm for a generic term ; " Feeling " has some
degree of the same fault, besides its liability to con-
fusion with the sense of touch ; " Pleasure " and
" Pain " represent only two properties of this act,
which render its repetition the object of desire or
aversion ; — which last states of mind presuppose the
act. Of these words, " Emotion " seems to be the least
objectionable, since it has no absolute double meaning,
and does not require so much vigilance in the choice
of the accompanying words as would be necessary if
we were to prefer " Feeling ; " which, however, being
a more familiar word, may, with due caution, be also
sometimes employed. Every man who attends to the
state of his own mind will acknowledge, that these
words, " Emotion " and " Feeling," thus used, are per-
fectly simple, and as incapable of further explanation
by words as sight or hearing ; which may, indeed, be
rendered into synonymous words, but never can be
defined by any more simple or more clear. Reflection
will in like manner teach that perception, reasoning,
and judgment may be conceived to exist without being
followed by emotion. Some men hear music without
gratification : one may distinguish a taste without
being pleased or displeased by it ; or at least the relish
or disrelish is often so slight, without lessening the
distinctness of the sapid qualities, that the distinction
of it from the perception cannot be doubted.
The multiplicity of errors which have flowed into
moral science from this original confusion is very
great. They have spread over many schools of phi-
losophy ; and many of them are prevalent to this day.
Hence the laws of the Understanding have been ap-
plied to the Affections ; virtuous feelings have been
considered as just reasonings ; evil passions have been
represented as mistaken judgments ; and it has been
OF ETHICAL PHILOSOPHY. 67
laid down as a principle, tliat tlie Will always follows
the last decision of the Practical Intellect.*
2. By this great error, Hobbes was led to represent
all the variety of the desires of men, as being only so
many instances of objects deliberately and solely pur-
sued ; because they were the means, and at the time
perceived to be so, of directly or indirectly procuring
organic gratification to the individual.f The human
passions are described as if they reasoned accurately,
deliberated coolly, and calculated exactly. It is as-
sumed that, in performing these operations, there is
and can be no act of life in which a man does not
bring distinctly before his eyes the pleasure which is
to accrue to himself from the act. From this single
and simple principle, all human conduct may, accord-
ing to him, be explained and even foretold. The
true laws of this part of our nature (so totally dif-
ferent from those of the percipient part) were, by
this grand mistake, entirely withdrawn from notice.
Simple as the observation is, it seems to have escaped
not only Hobbes, but many, perhaps most, philoso-
phers, tliat our desires seek a great diversity of
objects ; that the attainment of these objects is indeed
followed by, or rather called " Pleasure ;" but that it
could not be so, if the objects had not been previously
desired. Many besides him have really represented
self as the ultimate object of every action ; but none
ever so hardily thrust forward the selfish system in
its harshest and coarsest shape. The mastery which
he shows over other metaphysical subjects, forsakes
him on this. He does not scruple, for the sake of
this system, to distort facts of which all men are con-
scious, and to do violence to the language in which
the result of their uniform experience is conveyed.
* " Volnntas semper scquitur iiltimum judicium intcllcctus
practici." [See Spi^07,a^ Cog. Met. pars ii. cap. 12. Ed.]
\ See the passages before quoted.
F 2
68 DISSERTATION ON THE PROGRESS
"Acknowledgment of power is called Honour."* His
explanations are frequently sufficient confutations of
the doctrine which required them. " Pity is the
imagination of future calamity to ourselves, proceed-
ing from the sense (observation) of another man's
calamity." " Laughter is occasioned by sudden glory
in our eminence, or in comparison with the infirmity
of others." Every man who ever wept or laughed,
may determine whether this be a true account of the
state of his mind on either occasion. " Love is a
conception of his need of the one person desired ; " —
a definition of Love, which, as it excludes kindness,
might perfectly well comprehend the hunger of a
cannibal, provided that it were not too ravenous to
exclude choice. " Good-will, or charity, which con-
taineth the natural affection of parents to their chil-
dren,- consists in a man's conception that he is able
not only to accomi^lish his own desires, but to assist
other men in theirs : " from which it follows, as the
pride of power is felt in destroying as well as in
saving men, that cruelty and kindness are the same
passion."}" Such were the expedients to which a man
of the highest class of understanding was driven, in
order to evade the admission of the simple and evident
truth, that there are in our nature perfectly disin-
terested passions, which seek the well-being of others
as their object and end, without looking beyond it to
self, or pleasure, or happiness. A proposition, from
which such a man could attempt to escape only by
such means, may be strongly presumed to be true.
* Human IsTature, cliap. viii. The ridiculous explanation of
the admiration of personal beauty, " us a sign of power genera-
tive," shows the difficulties to which this extraordinary man was
reduced by a false system.
f Ibid. chap. ix. I forbear to quote the passage on Platonic
love, which immediately follows: but, considering Hobbes's blame-
less and honourable character, that passage is perhaps the most
remarkable instance of the shifts to which his selfish system re-
duced him.
OF ETHICAL PHILOSOPHY. 69
3. Hobbes having thus struck the affections out of
his map of human nature, and having totally mis-
understood (as will appear in a succeeding part' of
this Dissertation) the nature even of the appetites, it
is no wonder that we should find in it not a trace of
the moral sentiments. Moral Good* he considers
merely as consisting in the signs of a power to produce
pleasure ; and repentance is no more than regret at
having missed the way : so that, according to this
system, a disinterested approbation of, and reverence
for Virtue, are no more possible than disinterested
affections towards our fellow-creatures. There is no
sense of duty, no compunction for our own offences,
no indignation against the crimes of others, — unless
they affect our own safety ; — no secret cheerfulness
shed over the heart by the practice of well-doing. From
his philosophical writings it would be impossible to
conclude that there are in man a set of emotions, de-
sires, and aversions, of which the sole and final objects
are the voluntary actions and habitual dispositions of
himself and of all other voluntary agents ; which are
properly called " moral sentiments ;" and which, though
they vary more in degree, and depend more on cultiva-
tion, than some other parts of human nature, are as
seldom as most of them found to be entirely wanting.
4. A theory of Man which comprehends in its ex-
planations neither the social affections, nor the moral
sentiments, must be owned to be sufficiently defective.
It is a consequence, or rather a modification of it, that
Hobbes should constantly represent the deliberate
regard to personal advantage, as the only possible
motive of human action ; and that he should altogether
disdain to avail himself of those refinements of the self-
ish scheme which allow the pleasures of benevolence
and of morality, themselves, to be a most important
part of that interest which reasonable beings pursue.
* Which he calls the " pulchnim,"' for want, as he says, of an
English word to express it. Leviathan, part i. c. vi.
F 3
70 DISSERTATION ON THE PEOGRESS
5. Lastly, tlioiigh Hobbes does in effect acknow-
ledge the necessity of Morals to society, and the
general coincidence of individual with public interest,
— truths so palpable that they never have been ex-
cluded from any ethical system, he betrays his utter
want of moral sensibility by the coarse and odious
form in which he has presented the first of these great
principles ; and his view of both leads him most
strongly to support that common and pernicious error
of moral reasoners, that a perception of the tendency
of good actions to preserve the being and promote the
well-being of the community, and a sense of the de-
pendence of our own happiness upon the general
security, either are essential constituents of our moral
feelings, or are ordinarily mingled with the most
effectual motives to right conduct.
The court of Charles II. were equally pleased with
Hobbes's poignant brevity, and his low estimate of
human motives. His ethical epigrams became the
current coin of profligate wits. Sheffield, Duke of
Buckinghamshire, who represented the class still more
perfectly in his morals than in his faculties, has ex-
pressed their opinion in verses, of which one line is
good enough to be quoted :
" Fame bears no fruit till the vain planter dies."
Dryden speaks of " the philosopher and poet (for such
is the condescending term employed) of Malmesbury,"
as resembling Lucretius in haughtiness. But Lucre-
tius, though he held many of the opinions of Hobbes,
had the sensibility as well as genius of a poet. His
dogmatism is full of enthusiasm ; and his philosophical
theory of society discovers occasionally as much ten-
derness as can be shown without reference to indi-
viduals. He was a Hobbist in only half his nature.
The moral and political system of Hobbes was a
palace of ice, transparent, exactly proportioned, ma-
jestic, admired by the unwary as a delightful dwell-
ing ; but gradually undermined by the central warmth
OF ETHICAL PHILOSOPHY. 71
of human feeling, before it was thawed into muddy
water by the sunshine of true Philosophy.
When Leibnitz, in the beginning of the eighteenth
century, reviewed the moral writers of modern times,
his penetrating eye saw only two who were capable
of reducing Morals and Jurisprudence to a science.
" So great an enterprise," says he, " might have been
executed by the deep-searching genius of Hobbes, if
he had not set out from evil princij)les ; or by the
judgment and learning of the incom.parable Grotius,
if his powers had not been scattered over many sub-
jects, and his mind distracted by the cares of an agi-
tated life."* Perhaps in this estimate, admiration of
the various and excellent qualities of Grotius may
have overrated his purely philosophical powers, great
as they unquestionably were. Certainly the failure
of Hobbes was owing to no inferiority in strength of
intellect. Probably his fundamental errors may be
imputed, in part, to the faintness of his moral sensi-
bilities, insufficient to make him familiar with those
sentiments and aifections which can be known only
by being felt ; — a faintness perfectly compatible with
his irreproachable life, but which obstructed, and at
last obliterated, the only channel through which the
most important materials of ethical science enter into
the mind.
Against Hobbes, says Warburton, the whole Church
militant took up arms. The answers to the Leviathan
would form a library. But the far greater part have
followed the fate of all controversial pamphlets. Sir
Robert Filmer was jealous of any rival theory of
servitude : Harrington defended liberty, and Cla-
rendon the Church, against a common enemy. His
philosophical antagonists were Cumberland, Cud-
* " Et talc aliquid potuissct, vol ab incomparabilis Grotii
judicio et dottrina, vel ii profundo Hobbii ingcnio proestari ; nisi
ilium niulta distraxissciit ; hie vero prava constituisset priucipia."
Lcib. Op. iv. pars iii. 276.
F 4
72 DISSERTATION ON THE PROGRESS
worth, Shaftesbury, Clarke, Butler, and Hutcheson.
Though the last four writers cannot be considered as
properly polemics, their labours were excited, and
their doctrines modified, by the stroke from a vigour-
ous arm which seemed to shake Ethics to its founda-
tion. They lead us far into the eighteenth century ;
and their works, occasioned by the doctrines of
Hobbes, sowed the seed of the ethical writings of
Hume, Smith, Price, Kant, and Stewart ; in a less
degree, also, of those of Tucker and Paley: — not to
mention Mandeville, the buffoon and sophister of the
alehouse, or Helvetius, an ingenious but flimsy writer,
the low and loose Moralist of the vain, the selfish, and
the sensual.
SECTION y.
CONTROVERSIES CONCERNING THE MORAL FACULTIES
AND THE SOCIAL AFFECTIONS.
CUMBERLAND CUDWORTH — CLARKE — SHAFTESBURY — BOSSUET
FENELON — LEIBNITZ — MALEBRANCHE EDWARDS — BUFFIER.
Dr. Richard Cumberland *, raised to the see of
Peterborough after the Revolution of 1688, was the
only professed answerer of Hobbes. His work On the
Laws of Nature still retains a place on the shelf,
though not often on the desk. The philosophical
epigrams of Hobbes form a contrast to the verbose,
prolix, and languid diction of his answerer. The
forms of scholastic argument serve more to encumber
his style, than to insure his exactness. But he has
substantial merits. He justly observes, that all men
can only be said to have had originally a right to all
things, in a sense in which "right" has the same
meaning with "power." He shows that Hobbes is
* Born, 1632; died, 1718.
OF ETHICAL PHILOSOPHY. lO
at variance with himself, inasmuch as the dictates
of Right Reason, which, by his own statement, teach
men for their .own safety to forego the exercise of
that right, and which he calls " laws of Nature," are
coeval with it ; and that mankind perceive the moral
limits of their power as clearly and as soon as they
are conscious of its existence. He enlarges the inti-
mations of Grotius on the social feelings, which prompt
men to the pleasures of pacific intercourse, as certainly
as the apprehension of danger and of destruction urges
them to avoid hostility. The fundamental principle
of his system of Ethics is, that " the greatest benevo-
lence of every rational agent to all others is the hap-
piest state of each individual, as well as of the whole."*
The happiness accruing to each man from the observ-
ance and cultivation of benevolence, he considers as
appended to it by the Supreme Ruler ; through which
he sanctions it as His law, and reveals it to the mind
of every reasonable creature. From this principle he
deduces the rales of Morality, which he calls the
"laws of Nature." The surest, or rather the only
mark that they are the commandments of God, is,
that their observance promotes the happiness of man :
for that reason alone could they be imposed by that
Being whose essence is Love. As our moral faculties
must to us be the measure of all moral excellence, he
infers that the moral attributes of the Divinity must
in their nature be only a transcendent degree of those
qualities which we most approve, love, and revere, in
those moral agents with whom we are familiar.f He
had a momentary glimpse of the possibility that some
human actions might be performed with a view to the
happiness of others, without any consideration of the
pleasure reflected back on ourselves.J But it is too
faint and transient to be worthy of observation, other-
* De Leg. Nat. cap. i, § 12. first publi-hcd in London, 1672,
and then so popular as to be reprinted at Luhcck in 1 683.
t Ibid. cap. V. § 19. J Ibid. cap. ii. § 20.
74 DISSERTATION ON THE PROGRESS
wise than as a new proof how often great truths must
flit before the Understanding, before they can be
firmly and finally held in its grasp. His only at-
tempt to explain the nature of the Moral Faculty, is
the substitution of Practical Reason (a phrase of the
Schoolmen, since become celebrated from its renewal
by Kant) for Right Reason * ; and his definition of the
first, as that which points out the ends and means of
action. Throughout his whole reasoning, he adheres
to the accustomed confusion of the quality which
renders actions virtuous, with the sentiments excited
in us by the contemplation of them. His language
on the identity of general and individual interest is
extremely vague ; though it be, as he says, the found-
ation-stone of the Temple of Concord among men.
It is little wonderful that Cumberland should not
have disembroiled this ancient and established con-
fusion, since Leibnitz himself, in a passage where he
reviews the theories of Morals which had gone before
him, has done his utmost to perpetuate it. " It is a
question," says the latter, "whether the preservation
of human society be the first principle of the law of
Nature. This our author denies, in opposition to
Grotius, who laid down sociability to be so ; — to
Hobbes, who ascribed that character to mutual fear ;
and to Cumberland, who held that it was mutual
benevolence ; which are all three only different names
for the safety and welfare of society."! Here the
* " Whoever determines his Judgment and his Will by Right
Reason, must agree with all others who judge according to Right
Reason in the same matter." Ibid, cap, ii. § 8. This is in one
sense only a particular instance of the identical proposition, that
two things which agree with a third thing must agree with each
other in that, in which they agree with tlie third. But the diffi-
culty entirely consists in the particular third thing here introduced,
namely, " Right Reason," the nature of which not one step is
made "to explain. The position is curious, as coinciding with
" the universal categorical imperative," adopted as a first prin-
ciple by Tvant.
f Lcib. Op. pars iii. 271. The imnamed work which occa-
OF ETHICAL PHILOSOPHY. 75
great philosopher considered benevolence or fear, two
feelings of the human mind, to be the first principles
of the lavr of Nature, in the same sense in which the
tendency of certain actions to the well-being of the
community may be so regarded. The confusion,
however, was then common to him with many, as it
even now is with most. The comprehensive view
was his own. He perceived the close resemblance of
these various, and even conflicting opinions, in that
important point of view in which they relate to the
effects of moral and immoral actions on the general
interest. The tendency of Virtue to preserve ami-
cable intercourse was enforced by Grotius ; its ten-
dency to prevent injury was dwelt on by Hobbes ;
its tendency to promote an interchange of benefits
was inculcated by Cumberland.
CUDWORTH.*
Cudworth, one of the eminent men educated or pro-
moted in the Enj^lish Universities durlncr the Puritan
rule, was one of the most distinguished of the Lati-
tudinarian, or Arminian, party who came forth at the
Restoration, with a love of Liberty imbibed from their
Calvinistic masters, as well as from the writings of
antiquity, yet tempered by the experience of their own
agitated age ; and with a spirit of religious toleration
more impartial and mature, though less systematic
and professedly comprehensive, than that of the In-
dependents, the first sect who preached that doctrine.
Taught by the errors of their time, they considered
Religion as consisting, not in vain efforts to explain
unsearchable mysteries, but in purity of heart exalted
by pious feelings, and manifested by virtuous con-
sioned these remarks (perhaps one of Thomasius) appeared in
1599. How long after this Leibnitz's Dissertation was written,
does not appear.
* Born, 1G17 ; died, 16SS.
76 DISSERTATION ON THE PROGRESS
duct.* The government of the Church was placed in
their hands by the Revolution, and their influence was
long felt among its rulers and luminaries. The first
generation of their scholars turned their attention too
much from the cultivation of the heart to the mere
government of outward action : and in succeeding
times the tolerant spirit, not natural to an establish-
ment, was with difficulty kept up by a government
whose existence depended on discouraging intolerant
pretensions. No sooner had the first sketch of the
Hobbian philosophy "j* been privately circulated at
Paris, than Cudworth seized the earliest opportunity
of sounding the alarm against the most justly odious
of the modes of thinking which it cultivates, or forms
of expression which it would introduce |; — the pre-
lude to a war which occupied the remaining forty
years of his life. The Intellectual System, his great
production, is directed against the atheistical opinions
of Plobbes : it touches ethical questions but occasion-
ally and incidentally. It is a work of stupendous
erudition, of much more acuteness than at first ap-
pears, of frequent mastery over diction and illustra-
* See the beautiful account of them by Burnet (Hist, of His
Own Time, i. 321. Oxford, 1823), who was himself one of the
most distinguished of this excellent body ; with whom may be
classed, notwithstanding some shades of doctrinal difference, his
early master, Leighton, Bishop of Dunblane, a beautiful writer,
and one of the best of men. The earhest account of them is in a
curious contemporary pamphlet, entitled, " An Account of the
new Sect of Latitude-men at Cambridge." republished in the
collection of tracts, entitled " Phoenix Britannicus." Jeremy
Taylor deserves the highest, and perhaps the earliest place among
them : but Cudworth's excellent sermon before the House of
Commons (31st March, 1647) in the year of the publication of
Taylor's Liberty of Prophesying, may be compared even to Taylor
in charity, piety, and the most liberal toleration.
t De Give, 1642.
j " Dantur boni et mali rationes aeternae et indispensabiles : "
Thesis for the degree of B.D. at Cambridge in 1644. Birch's
Life of Cudworth, prefixed to his edition of the Intellectual
System (Lond. 1743), i. 7.
OF ETHICAL PHILOSOPHY 77
tion on subjects where it is most rare ; and it is dis-
tinguished, perhaps beyond any other vokime of con-
troversy, by that best proof of the deepest conviction
of the truth of a man's principles, a fearless statement
of the most formidable objections to them; — a fjiir-
ness rarely practised but by him who is conscious of
his power to answer them. In all his writings, it
must be owned, that his learning obscures his reason-
ings, and seems even to oppress his powerful intellect.
It is an unfortunate effect of the redundant fulness of
his mind, that it overflows in endless digressions,
which break the chain of argument, and turn aside the
thoughts of the reader from the main object. He was
educated before usage had limited the naturalisation
of new words from the learned languages ; before the
failure of those great men, from Bacon to Milton, who
laboured to follow a Latin order in their sentences,
and the success of those men of inferior powers, from
Cowley to Addison, who were content with the order,
as well as the words, of pure and elegant conversation,
had, as it were, by a double series of experiments,
ascertained that the involutions and inversions of the
ancient lansjuajj-es are seldom reconcileable with the
genius of ours ; and that they are, unless skilfully, as
well as sparingly introduced, at variance with the
natural beauties of our prose composition. His mind
was more that of an ancient than of a modern philo-
sopher. He often indulged in that sort of amalgama-
tion of fancy with speculation, the delight of the
Alexandrian doctors, with whom he was most fami-
liarly conversant ; and the Intellectual System, both
in thought and expression, has an old and foreign air,
not unlike a translation from the work of a later
Platonist. Large ethical works of this eminent writer
are extant in manuscript in the British Museum.*
One posthumous volume on Morals was published by
* A curious account of the history of these MSS. by Dr. Ivippis,
is to be found in the Biographia Britannica, iv. 549.
78 DISSERTATION ON THE PROGRESS
Dr. Chandler, Bishop of Durham, entitled " A Trea-
tise concerning Eternal and Immutable Morality."*
But there is the more reason to regret (as far as relates
to the history of Opinion) that the larger treatises are
still unpublished, because the above volume is not so
much an ethical treatise as an introduction to one.
Protagoras of old, and Hobbes then alive, having con-
cluded that Right and Wrong were unreal, because
they were not perceived by the senses, and because
all human knowledge consists only in such perception,
Cudworth endeavours to refute them by disproving
that part of their premises which forms the last-stated
proposition. The mind has many conceptions [yot]-
fjLaTo) which are not cognisable by the senses ; and
though they are occasioned by sensible objects, yet
they cannot be formed but by a faculty superior to
sense. The conceptions of Justice and Duty he places
among them. The distinction of Right from Wrong
is discerned by Reason ; and as soon as these words
are defined, it becomes evident that it would be a con-
tradiction in terms to affirm that any power, human
or Divine, could change their nature ; or, in other
words, make the same act to be just and unjust at the
same time. They have existed eternally, in the only
mode in which truths can be said to be eternal, in the
Eternal Mind ; and they are indestructible and un-
changeable like that Supreme Intelligence.! What-
* 8vo, Lond. 1731.
f " There are many objects of our mind which we can neither
see, hear, feel, smell, nor taste, and which did never enter into it
by any sense ; and therefore we can have no sensible pictures or
ideas of them, drawn by the pencil of that inward limner, or
painter, which borrows all his colours from sense, which we call
' Fancy:' and if we reflect on our own cogitations of these things,
we shall sensibly perceive that they are not phantastical but
noematical: as, for example, justice, equity, duty and obligation,
cogitation,- opinion, intellection, volition, memory, verity, falsity,
cause, etfect, genus, species, nullity, contingency, possibility, im-
possibility, and innumerable others." Ibid. 140. We have here
an anticipation of Kant.
OF ETHICAL PHILOSOPHY. 79
ever judgment may be formed of this reasoning, it is
manifest that it rehites merely to the philosophy of
the Understanding, and does not attempt any explana-
tion of what constitutes the very essence of Morality,
— its relation to the JVill. That we perceive a dis-
tinction between Eight and Wrong, as much as be-
tween a triangle and a square, is indeed true ; and
may possibly lead to an explanation of the reason why
men should adhere to the one and avoid the other.
But it is not that reason. A command or a precept
is not a proposition : it cannot be said that either is
true or false. Cudworth, as well as many who suc-
ceeded him, confounded the mere apprehension by the
Understanding that Right is different from Wrong,
with the practical authorify of these important con-
ceptions, exercised over voluntary actions, in a totally
distinct province of the human soul.
Though his life was devoted to the assertion of
Divine Providence, and though his philosophy was
imbued with the religious spirit of Platonism *, yet
he had placed Christianity too purely in the love of
God and Man to be considered as having much regard
for those controversies about rights and opinions with
which zealots disturb the world. They represented
him as having fillen into the same heresy with JNIilton
and with Clarkef ; and some of them even charged
him with atheism, for no other reason than that he
was not afraid to state the atheistic difficulties in
their fullest force. As blind anger heaps inconsistent
accusations on each other, they called him at least
* EvffeSei, w r(Kvov, h yap e'j(re§cov &xp(^s XpiCTTiavi^ei. (MottO
affixed to the sermon above mentioned.)
f The following" doctrine is ascribed to Cudworth by Nelson, a
man of good understanding and great worth: '* Dr. Cudworth
• maintained that the Father, absolutely speaking, is tlic only
supreme God : the Son and Spirit being God only by his con-
currence with them, and their subordination and subjection to
him." Life of Bull, 339.
80 DISSERTATION ON THE PEOGRESS
" an Arian, a Socinian, or a Deist." * The courtiers
of Charles IL, who were delighted with every part of
Hobbes but his integrity, did their utmost to decry
his antagonist. They turned the railing of the bigots
into a sarcasm against Religion ; as we learn from him
who represented themAvith unfortunate fidelity. "He
has raised," says Dryden, " such strong objections
against the being of God, that many think he has not
answered them ; " — " the common fate," as Lord
Shaftesbury tells us, "of those who dare to appear
fair authors." f He had, indeed, earned the hatred of
some theologians, better than they could know from
the writings published during his life ; for in his post-
humous work he classes with the ancient atheists
those of his contemporaries (whom he forbears to
name), who held " that God may command what is
contrary to moral rules ; that He has no inclination to
the good of His creatures ; that He may justly doom
an innocent being to eternal torments ; and that what-
ever God does will, for that reason is just, because He
wills it." t
It is an interesting incident in the life of a philoso-
pher, that Cudworth's daughter, Lady Masham, had
the honour to nurse the infirmities and to watch the
last breath of Mr. Locke, who was opposed to her
father in speculative philosophy, but who heartily
agreed with him in the love of Truth, Liberty, and
Virtue.
* Turner's Discourse on the Messiah, 335.
f Moralists, part ii. § 3.
j Etern. and Immut. Mor. 11. He quotes Ockham as having
formerly maintained the same monstrous positions. To many, if
not to most of these opinions or expressions, ancient and modern,
reservations are adjoined, which render them literally reconcilable
with practical Morals. But the dangerous abuse to which the in-
cautious language of ethical theories is liable, is well illustrated
by the anecdote related in Plutarch's Life of Alexander, of the
sycophant Anaxarchas consoling that monarch for the murder of
Clitus, by assuring him that every act of a ruler must be just.
Tlav TO irpax^^v viro tov Kparovuros dUaiov. Op. 1. 633.
OF ETHICAL PHILOSOPHY. 81
CLAKKE.*
Connected with Cudworth by principle, though
separated by some interval of time, was Dr. Samuel
Clarke, a man eminent at once as a divine, a mathe-
matician, a metaphysical philosopher, and a philo-
loger ; who, as the interpreter of Homer and Ccesar,
the scholar of Newton, and the antagonist of Leibnitz,
approved himself not unworthy of correspondence
with the highest order of human Spirits. Roused by
the prevalence of the doctrines of Spinoza and Hobbes,
he endeavoured to demonstrate the Being and Attri-
butes of God, from a few axioms and definitions, in
the manner of Geometry. In this attempt, with all
his powers of argument, it must be owned that he is
compelled sometimes tacitly to assume what the laws
of reasoning required him to prove ; and that, on the
whole, his failure may be regarded as a proof that
such a mode of argument is beyond the faculties of
man.f Justly considering the Moral Attributes of the
Deity as what alone render him the object of Religion,
and to us constitutes the difference between Theism
and atheism, he laboured with the utmost zeal to place
the distinctions of Right and Wrong on a more solid
foundation, and to explain the conformity of Morality
to Reason, in a manner calculated to give a precise
and scientific signification to that phraseology which
all philosophers had, for so many ages, been content
to employ, without thinking themselves obliged to
define.
• Bom, 1675; died, 1729.
f This admirable person had so much candour as in effect to
own his failure, and to recur to those other arguments in support
of this great truth, which have in all ages satisfied the most
elevated minds. In Proposition viii. (Being and Attributes of
God, 47.) which aflfirms that the first cause must be "intelligent"
(wherein, as he truly states, " lies the main question between us
and the atheists "), he owns, that the proposition cannot be de-
monstrated strictly and properly d priori. See Note M,
VOL. L G
82 DISSERTATION ON THE PROGRESS
It is one of the most rarely successful efforts of the
human mind, to place the understanding at the point
from which a philosopher takes the views that compose
his system, to recollect constantly his purposes, to
adopt for a moment his previous opinions and prepos-
sessions, to think in his words and to see with his
eyes; — especially when the writer widely dissents
from the system which he attempts to describe, and
after a general change in the modes of thinking and
in the use of terms. Every part of the present Dis-
sertation requires such an excuse ; but perhaps it may
be more necessary in a case like that of Clarke, where
the alterations in both respects have been so insensible,
and in some respects appear so limited, that they may
escape attention, than after those total revolutions in
doctrine, where the necessity of not measuring other
times by our own standard must be apparent to the
most undistinguishing.
The sum of his moral doctrine may be stated as
follows. Man can conceive nothing without at the
same time conceiving its relations to other things.
He must ascribe the same law of perception to every
being to whom he ascribes thought. He cannot there-
fore doubt that all the relations of all things to all
must have always been present to the Eternal Mind.
The relations in this sense are eternal, however recent
the things may be between whom they subsist. The
whole of these relations constitute Truth : the know-
ledge of them is Omniscience. These eternal different
relations of things involve a consequent QtQYindl fitness
or unfitness in the application of things, one to another ;
with a regard to which, the will of God always chooses,
and which ought likewise to determine the wills of all
subordinate rational beings. These eternal differences
make it fit and reasonable for the creatures so to act ;
they cause it to be their duty, or lay an obligation on
them so to do, separate from the will of God*, and
* " Those who found all moral obligation on the will of God
OF ETHICAL PHILOSOPHY. 83
antecedent to any prospect of advantage or reward.*
Nay, wilful wickedness is the same absurdity and in-
solence in Morals, as it would be in natural things to
pretend to alter the relations of numbers, or to take
away the properties of mathematical figures. j" "Mo-
rality," says one of his most ingenious scholars, "is
the practice of reason." ;{:
Clarke, like Cudworth, considered such a scheme
as the only security against Hobbism, and probably
also against the Calvinistic theology, from which they
were almost as averse. Not content, with Cumber-
land, to attack Hobbes on ground which was in part
his own, they thought it necessary to build on entirely
new foundations. Clarke more especially, instead of
substituting social and generous feeling for the selfish
appetites, endeavoured to bestow on Morality the
highest dignity, by thus deriving it from Reason. He
made it more than disinterested ; for he placed its seat
in a region where interest never enters, and passion
never disturbs. By ranking her principles with the
first truths of Science, he seemed to render them pure
and impartial, infallible and unchangeable. It might
be excusable to regret the failure of so noble an at-
tempt, if the indulgence of such regrets did not betray
an unworthy apprehension that the same excellent
ends could only be attained by such frail means ; and
that the dictates of the most severe reason would not
finally prove reconcilable with the majesty of Virtue.
must recur to the same thing, only they do not explain how the
nature and will of God is good and just." Being and Attributes
of God, Proposition xii.
* Evidence of Natural and Revealed Religion, p. 4. Lond.
1724.
t Ibid. p. 42.
j Lowman on the Unity and Perfections of God, p. 29. Lond.
1737.
G 2
84 DISSERTATION ON THE PROGRESS'
REMARKS.
The adoption of mathematical forms and terms was,
in England, a prevalent fashion among writers on
moral subjects during a large part of the eighteenth
century. The ambition of mathematical certainty, on
matters concerning which it is not given to man to
reach it, is a frailty from which the disciple of Newton
ought in reason to have been withheld, but to which
he was naturally tempted by the example of his master.
Nothing but the extreme difficulty of detaching assent
from forms of expression to which it has been long
wedded, can explain the fact, that the incautious ex-
pressions above cited, into which Clarke was hurried
by his moral sensibility, did not awaken him to a
sense of the error into which he had fallen. As soon
as he had said that " a wicked act was as absurd as
an attempt to take away the properties of a figure,"
he ought to have seen that principles which led
logically to such a conclusion were untrue. As it is
an impossibility to make three and three cease to be
six, it ought, on his principles, to be impossible to do
a wicked act. To act without regard to the relations
of things — as if a man were to choose fire for cooling,
;T ice for heating, — would be the part either of a
lunatic or an idiot. The murderer who poisons by
arsenic, acts agreeably to his knowledge of the power
of that substance to kill, which is a relation between
two things, as much as the physician who employs an
emetic after the poison, acts upon his belief of the
tendency of that remedy to preserve life, which is
another relation between two things. All men who
seek a good or bad end by good or bad means, must
alike conform their conduct to some relation between
their actions as means and their object as an end.
All the relations of inanimate things to each other
are undoubtedly observed as much by the criminal as
by the man of virtue.
It is therefore singular that Dr. Clarke suffered
OF ETHICAL PHILOSOPHY. 85
himself to be misled into the representation, that
Virtue is a conformity with the relations of things
universally, Vice a universal disregard of them, by
the certain, but here insufficient truth, that the former
necessarily implied a regard to certain particular
relations, which were always disregarded by those
who chose the latter. The distinction between Right
and Wrong can, therefore, no longer depend on rela-
tions as such, but on a particular class of relations.
And it seems evident that no relations are to be con-
sidered, except those in which a living, intelligent, and
voluntary agent is one of the beings related. His acts
may relate to a law, as either observing or infringing
it ; they may relate to his own moral sentiments and
those of his fellows, as they are the objects of appro-
bation or disapprobation ; they may relate to his own
welfare, by increasing or abating it ; they may relate
to the well-being of other sentient beings, by contri-
buting to promote or obstruct it : but in all these, and
in all supposable cases, the inquiry of the moral philo-
sopher must be, not whether there be a relation, but
what the relation is ; whether it be that of obedience
to law, or agreeableness to moral feeling, or suitable-
ness to prudence, or coincidence with benevolence.
The term "relation" itself, on which Dr. Clarke's
system rests, being common to Right and Wrong, must
be struck out of the reasoning. He himself incident-
ally drops intimations which are at variance with his
system. " The Deity," he tells " us, acts according to
the eternal relations of things, in order to the welfare
of the whole Universe ; " and subordinate moral agents
ought to be governed by the same rules, "for the
good of the public." * No one can fail to observe that
a new element is here introduced — the well-bein"; of
communities of men, and the general happiness of
the world, — which supersedes the consideration of
abstract relations and fitnesses.
* Evid. of Nat. and Rev. Rel. p. 4.
G 3
86 DISSERTATION ON THE PROGRESS
There are other views of this system, however, of
a more general nature, and of much more importance,
because they extend in a considerable degree to all
systems which found moral distinctions or sentiments,
solely or ultimately, upon Reason. A little reflection
will discover an extraordinary vacuity in this system.
Supposing it were allowed that it satisfactorily ac-
counts for moral judgments, there is still an important
part of our moral sentiments which it passes by with-
out an attempt to explain them. Whence, on this
scheme, the pleasure or pain with which we review
our own actions or survey those of others ? What is
the nature of remorse? Why do we feel shame?
Whence is indignation against injustice ? These are
surely no exercise of Reason, Nor is the assent of
Reason to any other class of propositions followed or
accompanied by emotions of this nature, by any ap-
proaching them, or indeed necessarily by any emotion
at all. It is a fatal objection to a moral theory that
it contains no means of explaining the most con-
spicuous, if not the most essential, parts of moral
approbation and disapprobation.
But to rise to a more general consideration : Per-
ception and Emotion are states of mind perfectly dis-
tinct, and an emotion of pleasure or pain differs much
more from a mere perception, than the perceptions of
one sense do from those of another. The perceptions
of all the senses have some qualities in common. But
an emotion has not necessarily anything in common
with a perception, but that they are both states of
mind. We perceive exactly the same qualities in the
taste of coffee when we may dislike it, as afterwards
when we come to like it. In other words, the per-
ception remains the same when the sensation of pain
is changed into the opposite sensation of pleasure.
The like change may occur in every case where plea-
sure or pain (in such instances called " sensations "),
. enter the mind with perceptions through the eye or
the ear. The prospect or the sound which was dis-
OF ETHICAL PHILOSOPHY. 87
agreeable may become agreeable, Tdthout any altera-
tion in our idea of the objects. We can easily imagine
a percipient and thinking being without a capacity of
receiving pleasure or pain. Such a being might per-
ceive what we do ; if we could conceive him to reason,
he might reason justly; and if he were to judge at all,
there seems no reason why he should not judge truly.
But what could induce such a bein^ to ivill or to act ?
It seems evident that his existence could only be a
state of passive contemplation. Reason, as Reason,
can never be a motive to action. It is only when we
superadd to such a being sensibility, or the capacity
of emotion or sentiment, or (what in corporeal cases
is called sensation) of desire and aversion, that we
introduce him into the world of action. We then
clearly discern that, when the conclusion of a process
of reasoning presents to his mind an object of desire,
or the means of obtaining it, a motive of action begins
to operate, and Reason may then, but not till then,
have a powerful though indirect influence on conduct.
Let any argument to dissuade a man from immorality
be employed, and the issue of it will always appear to
be an appeal to a feeling. You prove that drunken-
ness will probably ruin health : no position founded
on experience is more certain : most persons with
whom you reason must be as much convinced of it as
you are. But your hope of success depends on the
drunkard's fear of ill health ; and he may always
silence your argument by telling you that he loves
wine more than he dreads sickness. You speak in
vain of the infamy of an act to one who disregards
the opinions of others, or of its imprudence to a man
of little feeling for his own future condition. You
may truly, but vainly tell of the pleasures of friend-
ship to one who has little affection. If you display
the delights of liberality to a miser, he may always
shut your mouth by answering, " The spendthrift may
prefer such pleasures ; I love money more." If you
even appeal to a man's conscience, he may answer you
G 4
88 DISSERTATION ON THE PROGRESS
that you have clearly proved the immorality of the
act, and that he himself knew it before ; but that now
when you had renewed and freshened his conviction,
he was obliged to own that his love of Virtue, even
aided by the fear of dishonour, remorse, and punish-
ment, was not so powerful as the desire which hurried
him into vice.
Nor is it otherwise, however confusion of ideas may
cause it to be so deemed, with that calm regard to
the welfare of the agent, to which philosophers have
so grossly misapplied the hardly intelligible appellation
of " self-love." The general tendency of right con-
duct to permanent well-being is indeed one of the
most evident of all truths. But the success of per-
suasives or dissuasives addressed to it, must always be
directly proportioned, not to the clearness with which
the truth is discerned, but to the strength of the prin-
ciple addressed, in the mind of the individual, and to
the degree in which he is accustomed to keep an eye
on its dictates. A strange prejudice prevails, which
ascribes to what is called "self-love" an invariable
superiority over all the other motives of human ac-
tion. If it were to be called by a more fit name, such
as " foresight," " prudence," or, what seems most ex-
actly to describe its nature, " a sympathy with the
future feelings of the agent," it would appear to every
observer to be one very often too languid and inactive,
always of late appearance, and sometimes so faint as
to be scarcely perceptible. Almost every human
passion in its turn prevails over self-love.
It is thus apparent that the influence of Reason on
the Will is indirect, and arises only from its being one
of the channels by which the objects of desire or
aversion are brought near to these springs of volun-
tary action. It is only one of these channels. There
are many other modes of presenting to the mind the
proper objects of the emotions which it is intended to
excite, whether of a calmer or of a more active nature ;
so that they may influence conduct more powerfully
OF ETHICAL PHILOSOPHY. 89
than when they reach the Will through the channel
of conviction. The distinction between conviction
and persuasion would indeed be otherwise without a
meaning ; to teach the mind would be the same thing
as to move it ; and eloquence would be nothing but
logic, although the greater part of the power of the
former is displayed in the direct excitement of feel-
ing : — on condition, indeed (for reasons foreign to our
present purpose), that the orator shall never appear
to give counsel inconsistent with the duty or the last-
ing welfare of those whom he would persuade. In
like manner it is to be observed, that though reason-
ing be one of the instruments of education, yet educa-
tion is not a process of reasoning, but a wise disposal
of all the circumstances which influence character,
and of the means of producing those habitual dispo-
sitions which insure well-doing, of which reasoning is
but one. Very similar observations are applicable to
the great arts of legislation and government ; which
are here only alluded to as forming a strong illustra-
tion of the present argument.
The abused extension of the term " Reason " to the
moral faculties, one of the predominant errors of
ancient and modern times, has arisen from causes
which it is not difiicult to discover. Reason does in
truth perform a great part in every case of moral
sentiment. To Reason often belong the preliminaries
of the act ; to Reason altogether belongs the choice of
the means of execution. The operations of Reason,
in both cases, are comparatively slow and lasting ; they
are capable of being distinctly recalled by memory.
The emotion which intervenes between the previous
and the succeeding exertions of Reason is often ftiint,
generally transient, and scarcely ever capable of being
reproduced by an effort of the mind. Hence the name
of Reason is applied to this mixed state of mind ; more
especially when the feeling, being of a cold and gene-
ral nature, and scarcely ruffling the surface of the
soul, — such as that of prudence and of ordinary kind-
90 DISSERTATION ON THE PROGRESS
ness and propriety, — almost passes unnoticed, and is
irretrievably forgotten. Hence the mind is, in such
conditions, said by moralists to act from reason, in
contradistinction to its more excited and disturbed
state, when it is said to act from passion. The calm-
ness of Reason gives to the whole compound the ap-
pearance of unmixed reason. The illusion is further
promoted by a mode of expression used in most lan-
guages. A man is said to act reasonably, when his con-
duct is such as may be reasonably expected. Amidst
the disorders of a vicious mind, it is difficult to form
a reasonable conjecture concerning future conduct ;
but the quiet and well-ordered state of Virtue renders
the probable acts of her fortunate votaries the object
of very rational expectation.
As far as it is not presumptuous to attempt a dis-
tinction between modes of thinking foreign to the
mind which makes the attempt, and modes of expres-
sion scarcely translatable into the only technical lan-
guage in which that mind is wont to think, it seems
that the systems of Cudworth and Clarke, though
they appear very similar, are in reality different in
some important points of view. The former, a Plato -
nist, sets out from those "Ideas" (a word, in this
acceptation of it, which has no corresponding term in
English), the eternal models of created things, which,
as the Athenian master taught, pre-existed in the
Everlasting Intellect, and, of right, rule the will of
every inferior mind. The illustrious scholar of New-
ton, with a manner of thinking more natural to his
age and school, considered primarily the very relations
of things themselves ; — conceived indeed by the
Eternal Mind, but which, if such inadequate language
may be pardoned, are the law of Its will, as well as
the model of Its works.*
* Mr. Wollaston's system, that morality consisted in acting ac-
cording to truth, seems to coincide with that of Dr. Clarke. The
murder of Cicero by Popilius Lenas, was, according to him, a
practical falsehood ; for Cicero had been his benefactor, and
OF ETHICAL PHILOSOPHY. 91
EAEL OF SHAFTESBURY.*
Lord Shaftesbury, the author of the Character-
istics, was the grandson of Sir Antony Ashley Cooper,
created Earl of Shaftesbury, one of the master spirits
of the English nation, whose vices, the bitter fruits
of the insecurity of a troublous time, succeeded by
the corrupting habits of an inconstant, venal, and pro-
fligate court, have led an ungrateful posterity to over-
look his wisdom and disinterested perseverance, in
obtaining for his country the unspeakable benefits of
the Habeas Corpus act. The fortune of the Charac-
teristics has been singular. For a time the work was
admired more undistinguishingly than its literary
character warrants. In the succeeding period it was
justly criticised, but too severely condemned. Of late,
more unjustly than in either of the former cases, it
has been generally neglected. It seemed to have the
power of changing the temper of its critics. It pro-
voked the amiable Berkeley to a harshness equally
unwonted and unwarranted! ; while it softened the
rugged Warburton so far as to dispose the fierce, yet
not altogether ungenerous, polemic to praise an enemy
in the very heat of conflict. J
Popilius acted as if that were untrue. If the truth spoken of be
that gratitude is due for benefits, the reasoning is evidently a
circle. If any truth be meant, inditferently, it is plain that the
assassin acted in perfect conformity to several certain truths ; —
such as the mahgnity of Antony, the ingratitude and venality of
Popilius, and the probable impunity of his crime, when law was
suspended, and good men without power.
* Bom, 1671 ; died, 1713.
t See Minute Philosopher, Dialogue iii. ; but especially his
Theory of Vision Vindicated, Lond. 1733 (not republished in
the quarto edition of his works), where this most excellent man
sinks for a moment to the level of a railing polemic.
X It is remarkable that the most impure passages of Warburton 's
composition are those in which he lets loose his controversial zeal,
and that he is a fine writer principally where he writes from
generous feeling. " Of all the virtues which were so much in this
noble writer's heart and in his writings, there Avas not one he
92 DISSERTATION ON THE PROGRESS
Leibnitz, the most celebrated of Continental philo-
sophers, warmly applauded the Characteristics, and,
(what was a more certain proof of admiration) though
at an advanced age, criticised that work minutely.*
Le Clerc, who had assisted the studies of the author,
contributed to spread its reputation by his Journal,
then the most popular in Europe. Locke is said to
have aided in his education, probably rather by coun-
sel than by tuition. The author had indeed been
driven from the regular studies of his country by the
insults with which he was loaded at Winchester
school, when he was only twelve years old, imme-
diately after the death of his grandfather!; — a choice
of time which seemed not so much to indicate anger
against the faults of a great man, as triumph over the
principles of liberty, which seemed at that time to have
fallen for ever. He gave a genuine proof of respect
for freedom of thought by preventing the expulsion,
from Holland, of Bayle, (from whom he differs in
every moral, political, and, it may be truly added, re-
ligious opinion) when, it must be owned, the right of
asylum was, in strict justice, forfeited by the secret
more revered than the love of public liberty ... The noble author
of the Characteristics had many excellent qualities, both as a man
and a writer: he was temperate, chaste, honest, and a lover ot
his country. In his writings he has shown how much he has
imbibed the deep sense, and how naturally he could copy the
gracious manner of Plato. (Dedication to the Freethinkers, pre-
fixed to the Divine Legation.) He, however, soon relapses, but
not without excuse ; for he thought himself vindicating the
memory of Locke.
♦ Op. iii. 39—56.
t [With regard to this story, authorised as it is, the Editor
cannot help, on behalf of his own " nursing mother," throwing
out some suspicion that the Chancellor s poHtics must have been
made use of somewhat as a scapegoat ; else the nature of boys
was at that time more excitable touching their schoolmates'
grandfathers than it is now. There is a rule traditionally ob-
served in College, " that no boy has a right to think till he has
forty juniors ; " upon which rock the cock-boat of the embryo
metaphysician might have foundered.]
OF ETHICAL PHILOSOPHY. 93
services wliicli the philosopher had rendered to the
enemy of Holland and of Europe. In the small part of
his short life which premature infirmities allowed him
to apply to public affairs, he co-operated zealously
with the friends of freedom ; but, as became a moral
philosopher, he supported, even against them, a law to
allow those who were accused of treason to make their
defence by counsel, although the parties first to benefit
from this act of imperfect justice were persons con-
spired together to assassinate King William, and to
re-enslave their country. On that occasion it is well
known with what admirable quickness he took advan-
tage of the embarrassment which seized him, when
he rose to address the House of Commons. "If I,"
said he, "who rise only to give my opinion on this
bill, am so confounded that I cannot say what I in-
tended, what must the condition of that man be, who,
without assistance, is pleading for his own life!"
Lord Shaftesbury was the friend of Lord Somers ;
and the tribute paid to his personal character by War-
burton, who knew many of his contemporaries and
some of his friends, may be considered as evidence of
its excellence.
His fine genius and generous spirit shine through
his writings ; but their lustre is often dimmed by pe-
culiarities, and, it must be said, by affectations, which,
originating in local, temporary, or even personal cir-
cumstances, are particularly fatal to the permanence
of fame. There is often a charm in the egotism of
an artless writer, or of an actor in great scenes : but
other laws are imposed on the literary artist. Lord
Shaftesbury, instead of hiding himself behind his
work, stands forward with too frequent marks of self-
complacency, as a nobleman of polished manners, with
a mind adorned by the fine arts, and instructed by an-
cient philosophy ; shrinking with a somewhat effemi-
nate fastidiousness from the clamour and prejudices of
the multitude, whom he neither deigns to conciliate,
nor puts forth his strength to subdue. The enmity of
94 DISSERTATION ON THE PROGEESS
the majority of cliurclimen to the government esta-
blished at the Revolution, was calculated to fill his
mind with angry feelings ; which overflowed too often,
if not upon Christianity itself, yet upon representa-
tions of it, closely intertwined with those religious
feelings to which, in other forms, his own philosophy
ascribes surpassing worth. His small, and occasional
writings, of which the main fault is the want of an
object or a plan, have many passages remarkable for
the utmost beauty and harmony of language. Had he
imbibed the simplicity, as well as copied the expres-
sion and cadence, of the greater ancients, he would
have done more justice to his genius ; and his works,
like theirs, would have been preserved by that first-
mentioned quality, without which, but a very few
writings, of whatever mental power, have long sur-
vived their writers. Grace belongs only to natural
movements ; and Lord Shaftesbury, notwithstanding
the frequent beauty of his thoughts and language, has
rarely attained it. He is unfortunately prone to plea-
santry, which is obstinately averse from constraint,
and which he had no interest in raising to be the test
of truth. His affectation of liveliness as a man of the
world, tempts him sometimes to overstep the indistinct
boundaries which separate familiarity from vulgarity.
Of his two more considerable writings. The Moralists,
on which he evidently most valued himself, and which
is spoken of by Leibnitz with enthusiasm, is by no
means the happiest. Yet perhaps there is scarcely
any composition in our language more lofty in its
moral and religious sentiments, and more exquisitely
elegant and musical in its diction, than the Platonic
representation of the scale of beauty and love, in the
speech to Palemon, near the close of the first part.*
Many passages might be quoted, which in some mea-
sure justify the enthusiasm of the septuagenarian geo-
meter. Yet it is not to be concealed that, as a whole,
* § 3.
OF ETHICAL PHILOSOPHY. 95
it is heavy and languid. It is a modern antique. The
dialogues of Plato are often very lively representa-
tions of conversations which might take place daily at
a great university, full, like Athens, of rival pro-
fessors and eager disciples, between men of various
character, and great fame as well as ability. Socrates
runs through them all. His great abilities, his still
more venerable virtues, his cruel fate, especially when
joined to his very characteristic peculiarities, — to his
grave humour, to his homely sense, to his assumed
humility, to the honest slyness with which he ensnared
the Sophists, and to the intrepidity with which he
dragged them to justice, gave unity and dramatic in-
terest to these dialogues as a whole. But Lord
Shaftesbury's dialogue is between fictitious personages,
and in a tone at utter variance with English conver-
sation. He had great power of thought and command
over words ; but he had no talent for inventing cha-
racter and bestowing life on it.
The Inquiry concerning Virtue* is nearly exempt
from the faulty peculiarities of the author ; the method
is perfect, the reasoning just, the style precise and
clear. The writer has no purpose but that of honestly
proving his principles ; he himself altogether disap-
pears ; and he is intent only on earnestly enforcing
what he truly, conscientiously, and reasonably believes.
Hence the charm of simplicity is revived in this
production, which is unquestionably entitled to a
place in the first rank of English tracts on moral
philosophy. The point in which it becomes especially
pertinent to the subject of this Dissertation is, that it
contains more intimations of an original and important
nature on the theory of Ethics than perhaps any pre-
ceding work of modern times.f It is true that they
* Characteristics, treatise iv.
t I am not without suspicion that I have overiooked the claims
of Dr. Henry More, who, notwithstanding some uncouthness of
language, seems to have given the first intimations of a distinct
moral faculty, which he calls " the Boniform Faculty ;" a phrase
96 DISSERTATION ON THE PROGRESS
are often but intimations, cursory, and appearing
almost to be casual; so that many of them have
escaped the notice of most readers, and even writers
on these subjects. That the consequences of some of
them are even yet not unfolded, must be owned to be
a proof that they are inadequately stated ; and may be
regarded as a presumption that the author did not
closely examine the bearings of his own positions.
Among the most important of these suggestions is,
the existence of dispositions in man, by which he
takes pleasure in the well-being of others, without any
further view ; — a doctrine, however, to all the con-
sequences of which he has not been faithful in his
other writings.* Another is, that goodness consists
in the prevalence of love for the system of which we
are a part, over the passions pointing to our indi-
vidual welfare ; — a proposition which somewhat con-
founds the motives of right acts with their tendency,
and seems to favour the melting of all particular affec-
tions into general benevolence, because the tendency
of these affections is to general good. The next, and
certainly the most original, as well as important, is,
that there are certain affections of the mind which,
being contemplated by the mind itself through what
he calls " a reflex sense," become the objects of love, or
the contrary, according to their nature. So approved
and loved, they constitute virtue or merit^ as distin-
guished from mere goodness, of which there are traces
in animals who do not appear to reflect on the state of
their own minds, and who seem, therefore, destitute
of what he elsewhere calls " a moral sense." These
against which an outcry would now be raised as GermaTi. Hap-
piness, according to hira, consists in a constant satisfaction, ev rep
ayadofJSei rr]s rpvxvs. Enchiridion Ethicum, lib. i. cap. ii.
* " It is the height of wisdom no doubt to be rightly selfish."
Charact. i. 121. The observation seems to be taken from what
Aristotle says of 4>iKavTia : Tou fxev ayaOov Set (jj'iAavTov elvai.
Ethics, lib. ix. c. viii. The chapter is admirable, and the asser-
tion of Aristotle is very capable of a good sense.
OF ETHICAL PHILOSOPHY. 97
statements are, it is true, far too short and vague. He
nowhere inquires into the origin of the reflex sense :
what is a much more material defect, he makes no
attempt to ascertain in what state of mind it consists.
We discover only by implication, and by the use of
the term " sense," that he searches for the fountain of
moral sentiments, not in mere reason, where Cudworth
and Clarke had vainly sought for it, but in the heart,
whence the main branch of them assuredly flows. It
should never be forgotten, that we owe to these hints
the reception, into ethical theory, of a moral sense ;
which, whatever may be thought of its origin, or in
whatever words it may be described, must always
retain its place in such theory as a main principle of
our moral nature.
His demonstration of the utility of Virtue to the
individual, far surpasses all other attempts of the same
nature ; being founded, not on a calculation of out-
ward advantages or inconveniences, alike uncertain,
precarious, and degrading, but on the unshaken foun-
dation of the delight, which is of the very essence of
social affection and virtuous sentiment ; on the dread-
ful agony inflicted by all malevolent passions upon
every soul that harbours the hellish inmates ; on the
all-important truth, that to love is to be happy, and
to hate is to be miserable, — that affection is its own
reward, and ill-will its ow^n punishment ; or, as it has
been more simply and more affectingly, as well as
with more sacred authority, taught, that " to give is
more blessed than to receive," and that to love one
another is the sum of all human virtue.
The relation of Religion to Morality, as far as it
can be discovered by human reason, was never more
justly or more beautifully stated. If he represents
the mere hope of reward and dread of punishment as
selfish, and therefore inferior motives to virtue and
piety, he distinctly owns their efficacy in reclaiming
from vice, in rousing from lethargy, and in guarding
a feeble penitence ; in all which he coincides with
VOL. L H
98 DISSERTATION ON THE PROGRESS
illustrious and zealous Christian writers. " If by the
hope of reward be understood the love and desire of
virtuous enjoyment, or of the very practice and exer-
cise of virtue in another life ; an expectation or hope
of this kind is so far from being derogatory from
virtue, that it is an evidence of our loving it the more
sincerely and ^br its oivn sakeJ^*
FENELON.f — BOSSUET.I
As the last question, though strictly speaking
theological, is yet in truth dependent on the more
general question, which relates to the reality of dis-
* Inquiry, book i. part iii. § 3. So Jeremy Taylor ; *' He
that is grown in grace pursues virtue purely and simply for
its own interest. When persons come to that height of grace,
and love God for himself, that is but heaven in another sense."
(Sermon on Growth in Grace.) So before him the once cele-
brated Mr. John Smith of Cambridge : " The happiness which
good men shall partake is not distinct from their godlike nature.
Happiness and holiness are but two several notions of one thing.
Hell is rather a nature than a place, and heaven cannot be so
well defined by anything without us, as by something within us."
(Select Discourses, 2d edit. Cambridge, 1673.) In accordance
with these old authorities is the recent language of a most in-
genious as well as benevolent and pious writer. " The holiness
of heaven is still more attractive to the Christian than its happiness.
The desire of doing that which is right for its own sake is a part
of his desire after heaven." (Unconditional Freeness of the
Gospel, by T. Erskine, Esq., Edinb. 1828, pp. 32, 33.) See also
the Appendix to Ward's Life of Henry More, Lond. 1710,
pp. 247 — 271. This account of that ingenious and amiable phi-
losopher contains an interesting view of his opinions, and many
beautiful passages of his writings, but unfortunately very few
particulars of the man. His letters on Disinterested Piety (see
the Appendix to Mr. Ward's work), his boundless charity, his
zeal for the utmost toleration, and his hope of general improve-
ment from '• a pacific and perspicacious posterity," place him
high in the small number of true philosophers who, in their
estimate of men, value dispositions more than opinions, and in
their search for good, more often look forward than backward.
t Born, 1651 ; died, 1715. J Bora, 1627 ; died, 1701
OF ETHICAL PniLOSOPHT. 99
interested affections in human nature, it seems not
foreign from the present purpose to give a short
account of a dispute on the subject in France, between
two of the most eminent persons of their time; namely,
the controversy between Fenelon and Bossuet, con-
cerning the possibility of men being influenced by the
pure and disinterested love of God. Never were two
great men more unlike. Fenelon in his writings
exhibits more of the qualities which predispose to
religious feelings, than any other equally conspicuous
person ; a mind so pure as steadily to contemplate
supreme excellence ; a heart capable of being touched
and affected by the contemplation ; a gentle and
modest spirit, not elated by the privilege, but seeing
clearer its own want of worth as it came nearer to such
brightness, and disposed to treat with compassionate
forbearance those errors in others, of which it felt an
humbling consciousness. Bossuet was rather a great
minister in the ecclesiastical commonwealth ; employ-
ing knowledge, eloquence, argument, the energy of
his character, the influence, and even the authority of
his station, to vanquish opponents, to extirpate re-
volters, and sometimes with a patrician firmness, to
withstand the dictatorial encroachment of the Roman
Pontiff on the spiritual aristocracy of France. Fe-
nelon had been appointed tutor to the Duke of Bur-
gundy. He had all the qualities which fit a man to
be the preceptor of a prince, and which most disable
him to get or to keep tlie office. Even birth, and
urbanity, and accomplishment, and vivacity, were an
insufficient atonement for his genius and virtue.
Louis XIV. distrusted so fine a spirit, and appears to
have early suspected, that a fancy moved by such be-
nevolence might imagine examples for his grandson
which the world would consider as a satire on his own
reign. Madame de Maintenon, indeed, favoured him;
but he was generally believed to have forfeited her
good graces by discouraging her projects for at least a
nearer approach to a seat on the throne. He offended
u 2
100 DISSERTATION ON THE PROGRESS
her too by obeying her commands, in laying before
her an account of her faults, and some of those of her
royal husband, which was probably the more painfully
felt for its mildness, justice, and refined observation.*
An opportunity for driving such an intruder from a
court presented itself somewhat strangely, in the form
of a subtile controversy on one of the most abstruse
questions of metaphysical theology. Molinos, a Spanish
priest, reviving and perhaps exaggerating the maxims
of the ancient Mystics, had recently taught, that Chris-
tian perfection consisted in the pure love of God,
without hope of reward or fear of punishment. This
offence he expiated by seven years' imprisonment in
the dungeons of the Roman Inquisition. His opinions
were embraced by Madame Guyon, a pious French
lady of strong feeling and active imagination, who
appears to have expressed them in a hyperbolical
language, not infrequent in devotional exercises, espe-
cially in those of otherwise amiable persons of her sex
and character. In the fervour of her zeal, she dis-
regarded the usages of the world and the decorum
imposed on females. She left her family, took a part
in public conferences, and assumed an independence
scarcely reconcilable with the more ordinary and more
pleasing virtues of women. Her pious effusions were
examined with the rigour which might be excusable
if exercised on theological propositions. She was
falsely charged by Harlay, the dissolute Archbishop
of Paris, with personal licentiousness. For these crimes
she was dragged from convent to convent, imprisoned
for years in the Bastile, and, as an act of mercy, con-
fined during the latter years of her life to a provincial
town, as a prison at large. A piety thus pure and
disinterested could not fail to please Fenelon. He
published a work in justification of Madame Guyon's
character, and in explanation of the degree in which
he agreed with her. Bossuet, the oracle and champion
* Bausset, Histoirc dc Fenelon, i. 252.
OF ETHICAL PHILOSOPHY. 101
of the Church, took up arms against him. It would
be painful to suppose that a man of such great powers
was actuated by mean jealousy ; and it is needless.
The union of zeal for opinion with the pride of au-
thority, is apt to give sternness to the administration
of controversial bishops; to say nothing of the haughty
and inflexible character of Bossuet himself. He could
not brook the independence of him who was hitherto
so docile a scholar and so gentle a friend. He was
jealous of novelties, and dreaded a fervour of piety
likely to be ungovernable, and productive of move-
ments of which no man could foresee the issue. It
must be allowed that he had reason to be displeased
with the indiscretion and turbulence of the innovators,
and might apprehend that, in preaching motives to
virtue and religion which he thought unattainable, the
coarser but surer foundations of common morality
might be loosened. A controversy ensued, in which
he employed the utmost violence of polemical or fac-
tious contest. Fenelon replied with brilliant success,
and submitted his book to the judgment of Rome.
After a long examination, the commission of ten Car-
dinals appointed to examine it were equally divided,
and he seemed in consequence about to be acquitted.
But Bossuet had in the mean time easily gained
Louis XIV. Madame de Maintenon betrayed Fenelon's
confidential correspondence ; and he was banished to
his diocese, and deprived of his pensions and official
apartments in the palace. Louis XIV. regarded the
slightest differences from the authorities of the French
church as rebellion against himself. Though endowed
with much natural good sense, he was too grossly
ignorant to be made to comprehend one of the terms
of the question in dispute. He did not, however,
scruple to urge the Pope to the condemnation of
Fenelon. Innocent XII. (Pignatelli) an aged and
pacific Pontiff, was desirous of avoiding such harsh
measures. He said that " the Archbishop of Cambray
might have erred from excess in the love of God,
H 3
102 DISSERTATION ON THE PROGRESS
but the Bishop of Meaux had sinned by a defect of the
love of his neighbour."* But he was compelled to
condemn a series of propositions, of which the first
was, " There is an habitual state of love to God, which
is pure from every motive of personal interest, and in
which neither the fear of punishment nor the hope of
reward has any part."! Fenelon read the bull which
condemned him in his own cathedral, and professed as
humble a submission as the lowest of his flock. In
some of the writings of his advanced years, which
have been recently published, we observe with regret
that, when wearied out by his exile, ambitious to
regain a place at court through the Jesuits, or pre-
judiced against the Calvinising doctrines of the Jan-
senists, the strongest anti-papal party among Catholics,
or somewhat detached from a cause of which his great
antagonist had been the victorious leader, he made
concessions to the absolute monarchy of Rome, which
did not become a luminary of the Gallican church.^
Bossuet, in his writings on this occasion, besides
tradition and authorities, relied mainly on the sup-
posed principle of philosophy, that man must desire his
own happiness, and cannot desire anything else, other-
wise than as a means towards it ; which renders the
controversy an incident in the history of Ethics. It is
immediately connected with the preceding part of this
Dissertation, by the almost literal coincidence between
Bossuet's foremost objection to the disinterested piety
contended for by Fenelon, and the fundamental posi-
tion of a very ingenious and once-noted divine of the
English church, in his attack on the disinterested
affections, believed by Shaftesbury to be a part of
human nature. §
* Bausset, Histoire de Fenelon, ii. 220. note.
t GEuvres de Bossuet, viii. 308. (Liege, 1767.)
J De Surami Pontificis Auctoritate Dissertatio.
§ " Haec est natura voluntatis humange, ut et beatitudincm, et
ea quorum necessaria connexio cum bcatitudine clare intelligitur,
necessario appetat...Nullus est actus ad quem revera non impel-
OF ETHICAL PHILOSOPHY. 103
LEIBNITZ.*
There is a singular contrast between the form of
Leibnitz's writings and the character of his mind.
The latter was systematical, even to excess. It was
the vice of his prodigious intellect, on every subject of
science where it was not bound by geometrical chains,
to confine his view to those most general principles, so
well called by Bacon " merely notional," which render
it, indeed, easy to build a system, but only because they
may be alike adapted to every state of appearances, and
become thereby really inapplicable to any. Though
his genius was thus naturally turned to system, his
writings were, generally, occasional and miscellaneous.
The fragments of his doctrines are scattered in re-
views ; or over a voluminous literary correspondence ;
or in the prefaces and introductions to those compila-
tions to which this great philosopher was obliged by
his situation to descend. This defective and disorderly
mode of publication arose partly from the conflicts
between business and study, inevitable in his course
of life ; but probably yet more from the nature of his
system, which while it widely deviates from the most
general principles of former philosophers, is ready to
limur motivo beatitudinis, explicite vel impUcite;" meaning by
the latter that it may be concealed from ourselves, as he says,
for a short time, by a nearer object. Qi^uvres de Bossuet, viii. 80.
" The only motive by which individuals can be induced to the
practice of virtue, must be the feeling or the prospect of private
happiness." Brown's Essays on the Characteristics, p. 159. Lond.
1752. It must, however, be owned, that the selfishness of the
"Warburtonian is more rigid ; making no provision for the object
of one's own happiness slipping out of view for a moment. It is
due to the very ingcnioils author of this forgotten book to add,
that it is full of praise of his advcrsar}', which, though just, was in
the answerer generous ; and that it contains an assertion of the
unbounded right of public discussion, unusual even at the tolerant
period of its appearance.
* Bom, 1646; died, 1716.
II 4
104 DISSERTATION ON THE PROGRESS
embrace their particular doctrines under its own gene-
ralities, and thus to reconcile them to each other, as
well as to accommodate itself to popular or established
opinions, and compromise with them, according to
his favourite and oft-repeated maxim, " that most re-
ceived doctrines are capable of a good sense*," by
which last words our philosopher meant a sense re-
concilable with his own principles. Partial and occa-
sional exhibitions of these principles suited better that
constant negotiation with opinions, establishments, and
prejudices, to which extreme generalities are well
adapted, than would have a full and methodical state-
ment of the whole at once. It is the lot of every phi-
losopher who attempts to make his principles extremely
flexible, that they become like those tools which bend
so easily as to penetrate nothing. Yet his manner of
publication perhaps led him to those wide intuitions,
as comprehensive as those of Bacon, of which he ex-
pressed the result as briefly and pithily as Hobbes.
The fragment which contains his ethical principles is
the preface to a collection of documents illustrative of
international law, published at Hanover in 1693 f, to
which he often referred as his standard afterwards,
especially when he speaks of Lord Shaftesbury, or of
the controversy between the two great theologians of
France. " Right," says he, " is moral power ; obliga-
tion, moral necessity. By 'moral' I understand what
with a good man prevails as much as if it were phy-
sical. A good man is he who loves all men as far as
reason allows. Justice is the benevolence of a wise
man. To love is to be pleased with the happiness of
another ; or, in other words, to convert the happiness
of another into a part of one's own. Hence is explained
* " Nouvcaux Essais sur I'Entendcment Humain," liv. i. chap,
ii. These Essays, which form the greater part of the publication
entitled " OEuvres Philosophiqucs," edited by Raspe, Amst. et
Leipz. 1765, are not included in Dutens' edition of Leibnitz's
works.
f Codex Juris Gentium Diplomaticus. Hanov. 1695.
OF ETHICAL PHILOSOPHY. 105
the possibility of a disinterested love. When we are
pleased with the happiness of any being, his happiness
Decomes one of our enjoyments. Wisdom is the science
of happiness." *
EEXLIRKS.
It is apparent from the above passage, that Leib-
nitz had touched the truth on the subject of disinter-
ested affection ; and that he was more near clinging
to it than any modern philosopher, except Lord
Shaftesbury. It is evident, however, from the latter
part of it, that, like Shaftesbury, he shrunk from his
own just conception ; under the influence of that most
ancient and far-spread prejudice of the schools, which
assumed that such an abstraction as " Happiness" could
be the object of love, and that the desire of so faint,
distant, and refined an object, was the first principle
of all moral nature, and that of it every other desire
was only a modification or a fruit. Both he and Shaftes-
bury, however, when they relapsed into the selfish sys-
tem, embraced it in its most refined form ; consider-
ing the benevolent affections as valuable parts of our
own happiness, not in consequence of any of their
effects or extrinsic advantages, but of that intrinsic
dfelightfulness which was inherent in their very es-
[Xylsence. But Leibnitz considered this refined pleasure
^^as the object in the view of the benevolent man ; an
absurdity, or rather a contradiction, which, at least
in the Inquiry concerning Virtue, Shaftesbury avoids.
It will be seen from Leibnitz's limitation, taken toge-
ther with his definition of Wisdom, that he regarded
the distinction of the moral sentiments from the social
affections, and the just subordination of the latter, as
entirely founded on the tendency of general happiness
to increase that of the agent, not merely as being real,
but as being present to the agent's mind when he acts.
In a subsequent passage he lowers his tone not a little.
♦ See Note N.
106 DISSERTATION ON THE PROGRESS
*• As for the sacrifice of life, or the endurance of the
greatest pain for others, these things are rather gene-
rously enjoined than solidly demonstrated by philoso-
phers. For honour, glory, and self-congratulation, to
which they appeal under the name of Virtue, are
indeed mental pleasures, and of a high degree, but
not to all, nor outweighing every bitterness of suffer-
ing ; since all cannot imagine them with equal viva-
city, and that power is little possessed by those whom
neither education, nor situation, nor the doctrines of
Religion or Philosophy, have taught to value mental
gratifications."* He concludes very truly, that Mo-
rality is completed by a belief of moral government.
But the Inquiry concerning Virtue had reached that
conclusion by a better road. It entirely escaped his
sagacity, as it has that of nearly all other moralists,
that the coincidence of Morality with well-understood
interest in our outward actions, is very far from being
the most important part of the question ; for these
actions flow from habitual dispositions, from affections
and sensibilities, which determine their nature. There
may be, and there are many immoral acts, which, in
the sense in which words are commonly used, are
advantageous to the actor. But the whole sagacity
and ingenuity of the world may be safely challenged
to point out a case in which virtuous dispositions,
habits, and feelings, are not conducive in the highest
degree to the happiness of the individual ; or to main-
tain that he is not the happiest, whose moral senti-
ments and affections are such as to prevent the possi-
bility of any unlawful advantage being presented to
his mind. It would indeed have been impossible to
prove to Regulus that it was his interest to return to
a death of torture in Africa. But what, if the proof
had been easy? The most thorough conviction on
such a point would not have enabled him to set this
example, if he had not been supported by his own in-
* See Note N.
OF ETHICAL PHILOSOPHY. 107
tegrity and generosity, by love of his country, and
reverence for his pledged faith. What could the con-
viction add to that greatness of soul, and to these glo-
rious attributes? With such virtues he could not
act otherwise than he did. Would a father affection-
ately interested in a son's happiness, of very luke-
warm feelings of morality, but of good sense enough to
"weigh gratifications and sufferings exactly, be really
desirous that his son should have these virtues in a less
degree than Regulus, merely because they might ex-
pose him to the fate which Regulus chose ? On the
coldest calculation he would surely perceive, that the
high and glowing feelings of such a mind during life
altogether throw into shade a few hours of agony in
leaving it. And, if he himself were so unfortunate
that no more generous sentiment arose in his mind to
silence such calculations, would it not be a reproach
to his understanding not to discover, that, though in
one case out of millions such a character might lead
a Regulus to torture, yet, in the common course of
nature, it is the source not only of happiness in life,
but of quiet and honour in death ? A case so extreme
as that of Regulus will not perplex us, if we bear in
mind, that though we cannot prove the act of heroic
virtue to be conducive to the interest of the hero, yet
we may perceive at once, that nothing is so conducive
to his interest as to have a mind so formed that it
could not shrink from it, but must rather embrace it
with gladness and triumph. Men of vigorous health
are said sometimes to suffer most in a pestilence. No
man was ever so absurd as for that reason to wish
that he were more infirm. The distemper might
return once in a century : if he were then alive, he
might escape it ; and even if he fell, the balance of
advantage would be in most cases greatly on the side
of robust health. Li estimating beforehand the value
of a strong bodily frame, a man of sense would throw
the small chance of a rare and short evil entirely out
of the account. So must the coldest and most selfish
108 DISSERTATION ON THE PROGRESS
moral calculator, who, if he be sagacious and exact,
must pronounce, that the inconveniences to which a
man may be sometimes exposed by a pure and sound
mind, are no reasons for regretting that we do not
escape them by possessing minds more enfeebled and
distempered. Other occasions will call our attention,
in the sequel, to this important part of the subject ;
but the great name of Leibnitz seemed to require that
his degrading statement should not be cited without
warning the reader against its egregious fallacy.
MALEBRANCHE.*
This ingenious philosopher and beautiful writer is
the only celebrated Cartesian who has professedly
handled the theory of Morals. f His theory has in,
some points of view a conformity to the doctrine of
Clarke ; while in others it has given occasion to his
English follower NorrisJ to say, that if the Quakers
understood their own opinion of the illumination of
all men, they would explain it on the principles of
Malebranche. "There is," says he, "one parent
virtue, the universal virtue, the virtue which renders
us just and perfect, the virtue which will one day
render us happy. It is the only virtue. It is the
love of the universal order, as it eternally existed in
the Divine Reason, where every created reason con-
templates it. This order is composed of practical as
well as speculative truth. Reason perceives the moral
superiority of one being over another, as immediately
as the equality of the radii of the same circle. The
relative perfection of beings is that part of the im-
movable order to which men must conform their minds
* Born, 1638; died, 1715.
t Traite de Morale. Rotterdam, 1684..
X Author of the Theory of the Ideal World, who well copied,
though he did not equal, the clearness and choice of expression
which belonged to his master.
OF ETHICAL PHILOSOPHY. 109
and their conduct. The love of order is the "vvhole of
virtue, and conformity to order constitutes the mo-
rality of actions." It is not difficult to discover, that
in spite of the singular skill employed in weaving this
"vveb, it answers no other purpose than that of hiding
the whole difficulty. The love of universal order,
says Malebranche, requires that we should Value an
animal more than a stone, because it is more valuable ;
and love God infinitely more than man, because he
is infinitely better. But without presupposing the
reality of moral distinctions, and the power of moral
feelings, — the two points to be proved, how can
either of these propositions be evident, or even intelli-
gible ? To say that a love of the Eternal Order will
produce the love and practice of every virtue, is an
assertion untenable, unless we take Morality for
granted, and useless, if we do. In his work on Morals,
all the incidental and secondary remarks are equally
well considered and well expressed. The manner in
which he applied his principle to the particulars of
human duty, is excellent. He is perhaps the first
philosopher who has precisely laid down and rigidly
adhered to the great principle, that Virtue consists in
pure intentions and dispositions of mind, without
which, actions, however conformable to rules, are not
truly moral ; — a truth of the highest importance,
which, in the theological form, may be said to have
been the main principle of the first Protestant Re-
formers. The ground of piety, according to him, is
the conformity of the attributes of God to those moral
qualities which we irresistibly love and revere.*
" Sovereign princes," says he, " have no right to use
their authority without reason. Even God has no
* ** H faut aimer I'Etre infinimcnt parfait, et non pas un
fantome cpouvantable, un Dicu injuste, absolu, puissant, mais sans
honte et sans sagessc. S'il y avoit un tcl Dieu, le \Tai Dicu nous
defendroit dc I'adorer et do Taimcr. II y a peut-etre plus de
danger d'offcnser Dieu lorsqu'on lui donne une forme si horrible,
que dc mepriser son fautome." Traite de Morale, chap. viii.
110 DISSERTATION OX THE PROGRESS
such miserable right." * His distinction between a
religious society and an established church, and his
assertion of the right of the temporal power alone to
employ coercion, are worthy of notice, as instances in
which a Catholic, at once philosophical and orthodox,
could thus speak, not only of the nature of God, but
of the rights of the Church.
JONATHAN EDWARDS.f
This remarkable man, the metaphysician of America,
was formed among the Calvinists of New England,
when their stern doctrine retained its rigorous au-
thority4 His power of subtile argument, perhaps
unmatched, certainly unsurpassed among men, was
joined, as in some of the ancient Mystics, with a
character which raised his piety to fervour. He em-
braced their doctrine, probably without knowing it to
be theirs. " True religion," says he, " in a great mea-
sure, consists in holy affections. A love of divine things,
for the beauty and sweetness of their moral excellency,
is the spring of all holy affections." § Had he suf-
fered this noble principle to take the right road to aU
its fair consequences, he would have entirely concurred
with Plato, with Shaftesbury, and Malebranche, in
devotion to " the first good, first perfect, and first fair."
But he thought it necessary afterwards to limit his
doctrine to his own persuasion, by denying that such
moral excellence could be discovered in divine things
by those Christians who did not take the same view
as he did of their religion. All others, and some who
hold his doctrines with a more enlarged spirit, may
adopt his principle without any limitation. His ethical
* Traite de Morale, chap. xxii.
f Born in 1703, at Windsor in Connecticut ; died in 1758, at
Princeton in New Jersey.
t See Note 0.
§ On Religious Affections, pp. 4. 187.
OF ETHICAL PHILOSOPHY. Ill
theory is contained in liis Dissertation on tlie Nature
of True Virtue ; and in another, On God's chief End
in the Creation, published in London thirty years
after his death. True virtue, according to him, con-
sists in benevolence, or love to " being in general,"
which he afterwards limits to " intelligent being,"
though " sentient " would have involved a more rea-
sonable limitation. This good-will is felt towards a
particular being, first in proportion to his degree of
existence (for, says he, " that which is great has more
existence, and is farther from nothing, than that which
is little ; " ) and secondly, in proportion to the degree in
which that particular being feels benevolence to others.
Thus God, having infinitely more existence and bene-
volence than man, ought to be infinitely more loved ;
and for the same reason, God must love Himself
infinitely more than He does all other beings.* He
can act only from regard to Himself, and His end in
creation can only be to manifest His whole nature,
which is called acting for His own glory.
As far as Edwards confines himself to created beings,
and while his theory is perfectly intelligible, it coin-
cides with that of universal benevolence, hereafter to
be considered. The term " being " is a mere encum-
brance, which serves indeed to give it a mysterious
outside, but brings with it from the schools nothing
except their obscurity. He was betrayed into it, by
the cloak which it threw over his really unmeaning
assertion or assumption, that there are degrees of ex-
istence ; without which that part of his system which
relates to the Deity would have appeared to be as
baseless as it really is. When we try such a phrase
by applying it to matters within the sphere of our
* The coincidence of Malebranche with this part of Edwards,
is remarkable. Speaking of the Supreme Being, he says, " II
s'aime invinciblement." He adds another more startling ex-
pression, " Certainement Dieu ne pent agir que pour lui-meme :
il n'a point d'autrc motif que son amour propre." Traite de
Morale, chap. xvii.
112 DISSERTATION ON THE PROGRESS
experience, we see that it means nothing but degrees
of certain faculties and powers. But the very appli-
cation of the term " being " to all things, shows that
the least perfect has as much being as the most per-
fect ; or rather that there can be no diiference, so far
as that word is concerned, between two things to which
it is alike applicable. The justness of the compound
proportion on which human virtue is made to depend,
is capable of being tried by an easy test. If we sup-
pose the greatest of evil spirits to have a hundred times
the bad passions of Marcus Aurelius, and at the same
time a hundred times his faculties, or, in Edwards's
language, a hundred times his quantity of " being," it
follows from this moral theory, that we ought to es-
teem and love the devil exactly in the same degree as
we esteem and love Marcus Aurelius.
The chief circumstance which justifies so much
being said on the last two writers, is their concurrence
in a point towards which ethical philosophy had been
slowly approaching, from the time of the controversies
raised up by Hobbes. They both indicate the increase
of this tendency, by introducing an element into their
theory, foreign from those cold systems of ethical ab-
straction, with which they continued in other re-
spects to have much in common. Malebranche makes
virtue consist in the love of " order," Edwards in the
love of " being." In this language we perceive a step
beyond the representation of Clarke, which made it
a conformity to the relations of things ; but a step
which cannot be made without passing into a new
province ; — without confessing, by the use of the
word "love," that not only perception and reason, but
emotion and sentiment, are among the fundamental
principles of Morals. They still, however, were so
wedded to scholastic prejudice, as to choose two of the
most aerial abstractions which can be introduced into
argument, — "being " and " order," — to be the objects
of those strong active feelings which were to govern
the human mind.
OF ETHICAL PHILOSOPHY. 113
BUFFIER.*
The same strange disposition to fix on abstractions
as the objects of our primitive feelings, and the end
sought by our warmest desires, manifests itself in the
ingenious writer with whom this part of the Disser-
tation closes, under a form of less dignity than that
which it assumes in the hands of Malebranche and
Clarke. Buffier, the only Jesuit whose name has a
place in the history of abstract philosophy, has no pe-
culiar opinions which would have required any men-
tion of him as a moralist, were it not for the just re-
putation of his treatise on First Truths, with which
Dr. Reid so remarkably, though unaware of its exist-
ence, coincides, even in the misapplication of so prac-
tical a term as "common sense" to denote the faculty
which recognises the truth of first principles. His
philosophical writings f are remarkable for that per-
fect clearness of expression, which, since the great
examples of Descartes and Pascal, has been so gene-
rally diffused, as to have become one of the enviable
peculiarities of French philosophical style, and almost
of the French language. His ethical doctrine is that
most commonly received among philosophers, from
Aristotle to Paley and Bentham. "I desire to be
happy; but as I live with other men, I cannot be happy
without consulting their happiness : " a proposition
perfectly true indeed, but far too narrow; as inferring,
that in the most benevolent acts a man must pursue
only his own interest, from the fact that the practice
of benevolence does increase his happiness, and that
because a virtuous mind is likely to be the happiest,
our observation of that property of Virtue is the cause
of our love and reverence for it.
* Born, 1661; died, 1737.
f Cours de Sciences. Paris, 1732.
VOL. L I
114 DISSERTATION ON THE PROGRESS
SECTION VI.
FOUNDATIONS OF A MORE JUST THEORY OF ETHICS.
BUTLER — HUTCHESON BERKELEY — HUME — SUnTH — PRICE —
HARTLEY TUCKER— PALE Y — BENTHAM— STEWART — BROWN.
From the beginning of ethical controversy to the
eighteenth century, it thus appears, that the care of
the individual for himself, and his regard for the things
Avhich preserve self, were thought to form the first,
and, in the opinion of most, the earliest of all the prin-
ciples which prompt men and other animals to acti-
vity ; that nearly all philosophers regarded the ap-
petites and desires, which look only to self-gratification,
as modifications of this primary principle of self-love ;
and that a very numerous body considered even the
social affections themselves as nothing more than the
produce of a more latent and subtile operation of the
desire of interest, and of the pursuit of pleasure. It
is true that they often spoke otherwise ; but it was
rather from the looseness and fluctuation of their lan-
guage, than from distrust in their doctrine. It is true,
also, that perhaps all represented the gratifications of
Virtue as more unmingled, more secure, more frequent,
and more lasting than other pleasures ; without which
they could neither have retained a hold on the assent
of mankind, nor reconciled the principles of their
systems with thg testimony of their hearts. We have
seen how some began to be roused from a lazy ac-
quiescence in this ancient hypothesis, by the monstrous
consequences which Hobbes had legitimately deduced
from it. A few, of pure minds and great intellect,
laboured to render Morality disinterested, by tracing
it to Reason as its source ; without considering that
Reason, elevated indeed far above interest, is also
separated by an impassable gulf, from feeling, affection,
and passion. At length it was perceived by more than
OF ETHICAL PHILOSOPHY. 115
one, tliat through whatever length of reasoning the
mind may pass in its advances towards action, there is
placed at the end of any avenue through which it can
advance, some principle wholly unlike mere Reason,
— some emotion or sentiment which must be touched,
before the springs of Will and action can be set in
motion. Had Lord Shaftesbury steadily adhered to
his own principles, — had Leibnitz not recoiled from
his statement, the truth might have been regarded as
promulged, though not unfolded. The writings of
both prove, at least to us, enlightened as we are by
what followed, that they were skilful in sounding, and
that their lead had touched the bottom. But it was
reserved for another moral philosopher to determine
this hitherto unfathomed depth.*
BUTLER. I
Butler, who was the son of a Presbyterian trader,
early gave such promise, as to induce his father to fit
him, \ij a proper education, for being a minister of
that persuasion. He was educated at one of their
seminaries under Mr. Jones of Gloucester, where
* The doctrine of the Stoics is thus put by Cicero into the
mouth of Cato : " Placet his, inquit, quorum ratio mihi ]:)robatur,
simul atque natum sit animal (hinc enira est ordicndum), ipsura
sibi conciliari et commendari ad se conservandum, ct ad suura
statum, et ad ea, qua conservantia sunt ejus status, dilitrenda ;
alienari autem ab interitu, iisque rebus quas interitum videantur
afferre. Id ita esse sic probant, quod, antequam vohiptas aut
dolor attigerit, salutaria appetant parvi, aspcrnenturquc contraria:
quod non fieret, nisi statum suum diH<rcrent, interitum timerent :
fieri autem non posset, ut appeterent aliquid, nisi sensum haberent
sui, eoque se et sua diligerent. Ex quo intolligi debet, prineipium
ductum esse a se diligendi sui." — Dc Fin. lil). iii. cap. v. We
are told that diligemlo is the reading of an ancient jMS. Perhaps
the omission of " a" would be the easiest and most reasonable
emendation. The above passage is perhaps the fullest and
pUiinest statement of the doctrines prevalent till the time of
Butler.
t Bom, 1692; died, 1752.
12
116 DISSERTATION ON THE PROGRESS
Seeker, afterwards Archbishop of Canterbury, was his
fellow-student. Though many of the dissenters had
then begun to relinquish Calvinism, the uniform effect
of that doctrine, in disposing its adherents to meta-
physical speculation, long survived the opinions which
caused it, and cannot be doubted to have influenced
the mind of Butler. When a student at the academy
at Gloucester, he wrote private letters to Dr. Clarke
on his celebrated Demonstration, suggesting objections
which were really insuperable, and which are marked
by an acuteness which neither himself nor any other ever
surpassed. Clarke, whose heart was as well schooled
as his head, published the letters, with his own answers,
in the next edition of his work, and, by his good offices
with his friend and follower. Sir Joseph Jekyll, obtained
for the young philosopher an early opportunity of
making his abilities and opinions known, by the ap-
pointment of preacher at the Chapel of the Master of the
Rolls. He was afterwards raised to one of the highest
seats on the episcopal bench, through the philosophical
taste of Queen Caroline, and her influence over the mind
of her husband, which continued long after her death.
" He was wafted," says Horace Walpole, " to the see
of Durham, on a cloud of Metaphysics." * Even in
the fourteenth year of his widowhood, George H. was
desirous of inserting the name of the Queen's meta-
physical favourite in the Regency Bill of 1751.
His great work on the Analogy of Religion to the
Course of Nature, though only a commentary on the
singularly original and pregnant passage of Origen f,
which is so honestly prefixed to it as a motto, is, not-
withstanding, the most original and profound work
extant in any language on the philosophy of religion.
It is entirely beyond our present scope. His ethical
discussions are contained in those deep and sometimes
* Memoirs of Geo. II., i. 129.
•j" " Ejus (analogia) vis est ; ut id quod dubium est ad aliquid
simile de quo non quajritur, referat j ut incerta certis probet."
OF ETHICAL rHlLOSOPHT. 117
dark dissertations which he preached at the Chapel of
the Rolls, and afterwards published under the name
of " Sermons," while he was yet fresh from the schools,
and full of that courage with which youth often
delights to exercise its strength in abstract reasoning,
and to push its faculties into the recesses of abstruse
speculation. But his youth was that of a sober and
mature mind, early taught by Nature to discern the
boundaries of Knowledge, and to abstain from fruit-
less efforts to reach inaccessible ground. In these
Sermons* he has taught truths more capable of being
exactly distinguished from the doctrines of his pre-
decessors, more satisfactorily established, more com-
prehensively applied to particulars, more rationally
connected with each other, and therefore more worthy
of the name of " discovery," than any with which we
are acquainted; — if we ought not, with some hesita-
tion, to except the first steps of the Grecian philoso-
phers towards a theory of IMorals. It is a peculiar
hardship, that the extreme ambiguity of language, an
obstacle which it is one of the chief merits of an ethi-
cal philosopher to vanquisli, is one of the circumstances
which prevent men from seeing the justice of applying
to him so ambitious a term as "discoverer." He owed
more to Lord Shaftesbury than to all other writers
besides. He is just and generous towards that philo-
sopher ; yet, whoever carefully compares their writings,
will without difficulty distinguish the two builders,
and the larger as well as more regular and laboured
part of the edifice, which is the work of Butler.
Mankind have various principles of action ; some
leading directly to the good of the individual, some
immediately to the good of the community. But the
former are not instances of self-love, or of any form
* See Sermons i. ii. iii. On Human Nature ; v. On Com-
passion ; viii. On Resentment ; ix. On Forgiveness ; xi. and xii.
On the Love of our Neighbour ; and xiii. On the Love of God ;
together with the excellent Preface.
I 3
118 DISSERTATION ON THE PROGRESS
of it ; for self-love is the desire of a man's own happi-
ness, whereas the object of an appetite or passion is
some outward thing. Self-love seeks things as means
of happiness ; the private appetites seek things, not as
means, but as ends. A man eats from hunger, and
drinks from thirst ; and though he knows that these
acts are necessary to life, that knowledge is not the
motive of his conduct. No gratification can indeed be
imagined without a previous desire. If all the par-
ticular desires did not exist independently, self-love
would have no object to employ itself about ; for there
would in that case be no happiness, which, by the
very supposition of the opponents, is made up of the
gratifications of various desires. No pursuit could be
selfish or interested, if there were not satisfactions to
be gained by appetites which seek their own outward
objects without regard to self. These satisfactions in
the mass compose what is called a man's interest.
In contending, therefore, that the benevolent affec-
tions are disinterested, no more is claimed for them
than must be granted to mere animal appetites and to
malevolent passions. Each of these principles alike
seeks its own object, for the sake simply of obtaining
it Pleasure is the result of the attainment, but no
separate part of the aim of the agent. The desire
that another person may be gratified, seeks that out-
ward object alone, according to the general course of
human desire. Resentment is as disinterested as gra-
titude or pity, but not more so. Hunger or thirst
may be, as much as the purest benevolence, at variance
with self-love. A regard to our own general happi-
ness is not a vice, but in itself an excellent quality.
It were well if it prevailed more generally over craving
and short-sighted appetites. The weakness of the
social affections, and the strength of the private desires,
properly constitute selfishness ; a vice utterly at vari-
ance with the happiness of him who harbours it, and
as such, condemned by self-love. There are as few
who attain the greatest satisfaction to themselvesj as
OF ETHICAL PHILOSOPHY. 119
who do the greatest good to others. It is absurd to say
with some, that the pleasure of benevolence is selfish
because it is felt by self. Understanding and reasoning
are acts of self, for no man can think by proxy ; but
no one ever called them selfish. Why? Evidently
because they do not regard self. Precisely the same
reason applies to benevolence. Such an argument is
a gross confusion of " self," as it is a subject of feeling
or thought, with " self" considered as the object of
either. It is no more just to refer the private appe-
tites to self-love because they commonly promote hap-
piness, than it would be to refer them to self-hatred
in those frequent cases where their gratification ob-
structs it.
But, besides the private or public desires, and
besides the calm regard to our own general welfare,
there is a principle in man, in its nature supreme over
all others. This natural supremacy belongs to the
faculty which surveys, approves, or disapproves the
several affections of our minds and actions of our
lives. As self-love is superior to the private passions,
so Conscience is superior to the whole of man. Passion
implies nothing but an inclination to follow an object,
and in that respect passions differ only in force : but
no notion can be formed of the principle of reflection,
or Conscience, which does not comprehend judgment,
direction, superintendency ; authority over all other
principles of action is a constituent part of the idea
of it, and cannot be separated from it. Had it
strength as it has right, it would govern the world.
The passions would have their power, but according
to their nature, which is to be subject to Conscience.
Hence we may understand the purpose at which the
ancients, perhaps confusedly, aimed when they laid it
down " that Virtue consisted in following Nature." It
is neither easy, nor, for the main object of the mo-
ralist, important, to render the doctrines of the
ancients by modern language. If Butler returns to
this phrase too often, it was rather from the remains
I 4
120 DISSERTATION ON THE PROGRESS
of undistinguisliing reverence for antiquity, than be-
cause he could deem its employment important to his
own opinions.
The tie which holds together Religion and Morality
is, in the system of Butler, somewhat different from
the common representations of it, but not less close.
Conscience, or the faculty of approving or disap-
proving, necessarily constitutes the bond of union.
Setting out from the belief of Theism, and combining
it, as he had entitled himself to do, with the reality of
Conscience, he could not avoid discovering that the
being who possessed the highest moral qualities, is
the object of the highest moral affections. He con-
templates the Deity through the moral nature of man.
In the case of a being who is to be perfectly loved,
" goodness must be the simple actuating principle
within him, this being the moral quality which is the
immediate object of love." " The highest, the ade-
quate object of this affection, is perfect goodness,
which, therefore, we are to love with all our heart,
with all our soul, and with all our strength." " We
should refer ourselves implicitly to him, and cast our-
selves entirely upon him. The whole attention of
life should be to obey his commands."* Moral dis-
tinctions are thus presupposed before a step can be
made towards Religion : Virtue leads to piety ; God is
to be loved, because goodness is the object of love ;
and it is only after the mind rises through human
morality to divine perfection, that all the virtues and
duties are seen to hang from the throne of God.j"
REMARKS.
There do not appear to be any errors in the ethical
principles of Butler: the following remarks are in-
* Sermon xiii. — " On the Love of God."
I " The part in which I think I have done most service is that
in which I have endeavoured to slip in a foundation under Butler's
doctrine of the supremacy of Conscience, Avhich he left baseless."
Sir James Mackintosh to Professor Napier. — Ed.
OF ETHICAL PHILOSOPHY. 121
tended to point out some defects in his scheme. And
even that attempt is made with the unfeigned humiHty
of one who rejoices in an opportunity of doing justice
to that part of the writings of a great philosopher
which has not been so clearly understood nor so justly
estimated by the generality as his other works.
1. It is a considerable defect, though perhaps un-
avoidable in a sermon, that he omits all inquiry into
the nature and origin of the private appetites, which
first appear in human nature. It is implied, but it is
not expressed in his reasonings, that there is a time
before the child can be called selfish, any more than
social, when these appetites seem as it were separately
to pursue their distinct objects, and that this is long
antecedent to that state of mind in which their grati-
fication is regarded as forming the mass called " hap-
piness." It is hence that they are likened to instincts
distinct as these latter subsequently become.*
2. Butler shows admirably well, that unless there
were principles of action independent of self, there
could be no pleasures and no happiness for self-love
to watch over. A step farther would have led him to
perceive that self-love is altogether a secondary for-
mation, the result of the joint operation of Reason
and habit upon the primary principles. It could not
have existed without presupposing original appetites
and organic gratifications. Had he considered this
part of the subject, he would have strengthened his
case by showing that self-love is as truly a derived
principle, not only as any of the social affections, but
as any of the most confessedly acquired passions. It
would appear clear, that as self-love is not divested of
its self-regarding character by considering it as ac-
quired, so the social affections do not lose any part of
their disinterested character, if they be considered as
* The very able work ascribed to Mr. Hazlitt, entitled "Essay-
on the Principles of Human Action," Lond. 1805, contains
original views on this subject.
122 DISSERTATION ON THE PROGRESS
formed from simpler elements. Nothing would more
tend to root out the old prejudice which treats a re-
gard to self as analogous to a self-evident principle,
than the proof that self-love is itself formed from
certain original elements, and that a living being long
subsists before its appearance.*
3. It must be owned that those parts of Butler's
discourses which relate to the social affections are
more satisfactory than those which handle the question
concerning the moral sentiments. It is not that the
real existence of the latter is not as well made out as
that of the former. In both cases he occupies the
unassailable ground of an appeal to consciousness.
All men (even the worst) feel that they have a con-
science and disinterested affections. But he betrays
a sense of the greater vagueness of his notions on this
subject : he falters as he approaches it. He makes no
attempt to determine in what state of mind the action
of Conscience consists. He does not venture steadily
to denote it by a name ; he fluctuates between different
appellations, and multiplies the metaphors of authority
and command, without a simple exposition of that
mental operation which these metaphors should only
have illustrated. It commands other principles : but
the question recurs. Why, or How ?
Some of his own hints and some fainter intimations
of Shaftesbury, might have led him to what appears
to be the true solution, which, perhaps from its ex-
treme simplicity, has escaped him and his successors.
The truth seems to be, that the moral sentiments in
their mature state, are a class of feeli7igs which have
no other object but the mental dispositions leading to
voluntary action, and the voluntary actions which flow
from these dispositions. We are pleased with some
dispositions and actions, and displeased with others, in
* Compare this statement with the Stoical doctrine explained
hy Cicero in the book Do Finibus, quoted above, of which it is
the direct opposite.
OF ETHICAL PHILOSOPHY. 123
ourselves and our fellows. We desire to cultivate the
dispositions and to perform the actions, which we con-
template with satisfaction. These objects, like all
those of human appetite or desire, are sought for their
own sake. The peculiarity of these desires is, that
their gratification requires the use of no means ;
nothing (unless it be a volition) is interposed between
the desire and the voluntary act. It is impossible,
therefore, that these passions should undergo any
change by transfer from being the end to being the
means, as is the case with other practical principles.
On the other hand, as soon as ih^j are fixed on these
ends, they cannot regard any further object. When
another passion prevails over them, the end of the
moral faculty is converted into a, means of gratifica-
tion. But volitions and actions are not themselves
the end or last object in view, of any other desire or
aversion. Nothing stands between the moral senti-
ments and their object ; they are, as it were, in contact
with the Will. It is this sort of mental position,
if the expression may be pardoned, that explains or
seems to explain those characteristic properties which
true philosophers ascribe to them, and which all
reflecting men feel to belong to them. Being the only
desires, aversions, sentiments, or emotions which re-
gard dispositions and actions, they necessarily extend
to the icliole character and conduct. Among motives
to action, they alone are justly considered as uni-
versal. They may and do stand between any other
practical principle and its object, while it is absolutely
impossible that another shall intercept their con-
nexion with the Will. Be it observed, that though
many passions prevail over them, no other can act
beyond its own appointed and limited sphere ; and
that such prevalence itself, leaving the natural order
disturbed in no other part of the mind, is perceived to
be a disorder, whenever seen in another, and felt to
be so by the very mind disordered, when the disorder
subsides. Conscience may forbid the WiU to contri-
124 DISSERTATION ON THE PROGRESS
bute to the gratification of a desire: no desire ever
forbids the Will to obey Conscience.
This result of the peculiar relation of Conscience to
the Will, justifies those metaphorical expressions which
ascribe to it " authority " and the right of " universal
command." It is immutable ; for by the law which
regulates all feelings, it must rest on action, which is
its object, and beyond which it cannot look ; and as it
employs no means, it never can be transferred to
nearer objects, in the way in which he who first
desires an object as a means of gratification, may
come to seek it as his end. Another remarkable
peculiarity is bestowed on the moral feelings by the
nature of their object. As the objects of all other
desires are outward, the satisfaction of them may be
frustrated by outward causes : the moral sentiments
may always be gratified, because voluntary actions
and moral dispositions spring from within. No ex-
ternal circumstance affects them; — hence their inde-
pendence. As the moral sentiment needs no means
and the desire is instantaneously followed by the
volition, it seems to be either that which first sug-
gests the relation between command and obedience, or
at least that which affords the simplest instance of it.
It is therefore with the most rigorous precision that
authority and universality are ascribed to them. Their
only unfortunate property is their too frequent weak-
ness ; but it is apparent that it is from that circum-
stance alone that their failure arises. Thus considered,
the language of Butler concerning Conscience, that,
" had it strength, as it has right, it would govern the
world," which may seem to be only an effusion of
generous feeling, proves to be a just statement of the
nature and action of the highest of human faculties.
The union of universality, immutability, and inde-
pendence, with direct action on the Will, which dis-
tinguishes the Moral Sense from every other part of
our practical nature, renders it scarcely metaphorical
language to ascribe to it unbounded sovereignty and
OF ETHICAL PHILOSOPHY. 125
awful authority over the whole of the world within ;
— shows that attributes, well denoted by terms signi-
ficant of command and control, are, in fact, inseparable
from it, or rather constitute its very essence ; and
justifies those ancient moralists who represent it as
alone securing, if not forming the moral liberty of
man. When afterwards the religious principle is
evolved. Conscience is clothed with the sublime cha-
racter of representing the divine purity and majesty
in the human soul. Its title is not impaired by any
number of defeats ; for every defeat necessarily dis-
poses the disinterested and dispassionate by-stander
to wish that its force were strengthened : and thou";h
it may be doubted whether, consistently with the
present constitution of human nature, it could be so
invigorated as to be the only motive to action, yet
every such by-stander rejoices at all accessions to its
force ; and would own, that man becomes happier,
more excellent, more estimable, more venerable, in
proportion as it acquires a power of banishing male-
volent passions, of strongly curbing all the private
appetites, and of influencing and guiding the bene-
volent affections themselves.
Let it be carefully considered whether the same ob-
servations could be made with truth, or with plausi-
bility, on any other part or element of the nature of
man. They are entirely independent of the question,
whether Conscience be an inherent, or an acquired
principle. If it be inherent, that circumstance is,
according to the common modes of thinking, a sufficient
proof of its title to veneration. But if provision
be made in the constitution and circumstances of all
men, for uniformly producing it, by processes similar
to those which produce other acquired sentiments,
may not our reverence be augmented by admiration
of that Supreme Wisdom which, in such mental con-
trivances, yet more brightly than in the lower world
of matter, accomplishes mighty purposes by instru-
ments so simple? Should these speculations be thought
126 DISSERTATION ON THE PROGRESS
to have any solidity by those who are accustomed to
such subjects, it would be easy to unfold and apply
them so fully, that they may be thoroughly appre-
hended by every intelligent person.
4. The most palpable defect of Butler's scheme is,
that it affords no answer to the question, " What is
the distinguishing quality common to all right actions?"
If it were answered, "Their criterion is, that they are
approved and commanded by Conscience," the answerer
would find that he was involved in a vicious circle ;
for Conscience itself could be no otherwise defined
than as the faculty which approves and commands
right actions.
There are few circumstances more remarkable than
the small number of Butler's followers in Ethics ; and
it is perhaps still more observable, that his opinions
were not so much rejected as overlooked. It is an
instance of the importance of style. No thinker so
great was ever so bad a writer. Indeed, the ingenious
apologies which have been lately attempted for this
defect, amount to no more than that his power of
thought was too much for his skill in language. How
general must the reception have been of truths so
certain and momentous as those contained in Butler's
discourses, — with how much more clearness must
they have appeared to his own great understanding,
if he had possessed the strength and distinctness with
which Hobbes enforces odious falsehood, or the un-
speakable charm of that transparent diction which
clothed the unfruitful paradoxes of Berkeley !
HUTCHESON.*
This ingenious writer began to try his own strength
by private letters, written in his early youth to Dr.
Clarke, the metaphysical patriarch of his time ; on
whom young philosophers seem to have considered
* Born in Ireland, 1694; died at Glasgow, 1747.
OF ETHICAL PHILOSOPHY. 127
themselves as possessing a claim, which he had too
much goodness to reject. His correspondence with
Hutcheson is lost ; but we may judge of its spirit by
his answers to Butler, and by one to Mr. Henry
Home*, afterwards Lord Karnes, then a young ad-
venturer in the prevalent speculations. Nearly at
the same period with Butler's first publication f, the
writings of Hutcheson began to show coincidences
with him, indicative of the tendency of moral theory
to assume a new form, by virtue of an impulse
received from Shaftesbury and quickened to greater
activity by the adverse system of CLirke. Lord
Moles worth, the friend of Shaftesbury, patronised
Hutcheson, and even criticised his manuscript ; and
though a Presbyterian, he was befriended by King,
Aix'hbishop of Dublin, himself a metaphysician ; and
aided by iSIr. Synge, afterwards also a bishop, to whom
specuhitions somewhat simihir to his own had occurred.
Butler and Hutcheson coincided in the two im-
portant positions, that disinterested aifections, and a
distinct moral faculty, are essential parts of human
nature. Hutcheson is a chaste and simple writer,
who imbibed the opinions, without the literary faults
of his master, Shaftesbury. He has a clearness of
expression, and fulness of illustration, which are
wanting in Butler. But he is inferior to both these
writers in the appearance at least of originality, and
to Butler especially in that philosophical courage
which, when it discovers the fountains of truth and
falsehood, leaves others to follow the streams. He
states as strongly as Butler, that " the same cause
* "Woodliouselee's Life of Lord Kamc?, vol. i. Append. No. 3.
f The first edition of Butler's Sermons was published in 1726,
in which year also appeared the second edition of Hutcheson's
Inquirj' into Beauty and Virtue. The Sermons had been preached
some years before, though there is no likelihood that the contents
could have reached a young teacher at Dublin. The place of
Hutcheson's birth is not mentioned in any account known to me.
Ireland may be truly said to be " incuriosa suorum."
128 DISSERTATION ON THE PROGRESS
which determines us to pursue happiness for ourselves,
determines us both to esteem and benevolence on their
proper occasions — even the very frame of our na-
ture."* It is in vain, as he justly observes, for the
patrons of a refined selfishness to pretend that we
pursue the happiness of others for the sake of the
pleasure which we derive from it ; since it is apparent
that there could be no such pleasure if there had
been no previous affection. " Had we no affection
distinct from self-love, nothing could raise a desire of
the haj)piness of others, but when viewed as a mean
of our own." f He seems to have been the first who
entertained just notions of the formation of the se-
condary desires, which had been overlooked by Butler.
"There must arise, in consequence of our original
desires, secondary desires of every thing useful to
gratify the primary desire. Thus, as soon as we
apprehend the use of wealth, or power, to gratify our
original desires, we also desire them. From their
universality as means arises the general prevalence of
these desires of wealth and power." :j: Proceeding
farther in his zeal against the selfish system than
Lord Shaftesbury, who seems ultimately to rest the
reasonableness of benevolence on its subserviency to
the happiness of the individual, he represents the
moral faculty to be, as well as self-love and benevo-
lence, a calm general impulse, which may and does
impel a good man to sacrifice not only happiness, but
even life itself, to Virtue.
As Mr. Locke had spoken of " an internal sensa-
tion ; " Lord Shaftesbury once or twice of " a reflex
sense," and once of " a moral sense ; " Hutcheson, who
had a steadier, if not a clearer view of the nature of
Conscience than Butler, calls it " a moral sense ; " a
name which quickly became popular, and continues to
be a part of philosophical language. By " sense " he
* Inquiry, p. 152. \ Essay on the Passions, p. 17.
X Ibid. p. 8.
OF ETHICAL PHILOSOPHY. 129
understood a capacity of receiving ideas, together
with pleasures and pains, from a class of objects : the
term " moral " was used to describe the particular
class in question. It implied only that Conscience
was a separate element in our nature, and that it was
not a state or act of the Understanding. According
to him, it also implied that it was an original and
implanted principle ; but every other part of his
theory might be embraced by those who hold it to be
derivative.
The object of moral approbation, according to him,
is general benevolence ; and he carries this generous
error so far as to deny that prudence, as long as it
regards ourselves, can be morally approved ; — an
assertion contradicted by every man's feelings, and to
which we owe the Dissertation on the Nature of
Virtue, which Butler annexed to his Analogy. By
proving that all virtuous actions produce general good,
he fancied that he had proved the necessity of regard-
ing the general good in every act of virtue ; — an
instance of that confusion of the theory of moral
sentiments with the criterion of moral actions, against
which the reader was warned at the opening of this
Dissertation, as fatal to ethical philosophy. He is
chargeable, like Butler, with a vicious circle, in
describing virtuous acts as those which are approved
by the moral sense, while he at the same time describes
the moral sense as the faculty which perceives and
feels the morality of actions.
Hutcheson was the father of the modern school of
speculative philosophy in Scotland ; for though in the
bejrinninsr of the sixteenth century the Scotch are
said to have been known throughout Europe by their
unmeasured passion for dialectical subtilties*, and
* The character given of the Scotch by the famous and unfor-
tunate Servctus (edition of Ptolemy, 1533), is in many respects
curious : " Gallis araicissimi, Anglonunquc regi maxime infesti.
* * * Subita iugenia, et in uhioucm prona, fcrociaque. * * * In
bcllo fortes ; inediai, vigilia, algoris patientissimi ; dcccnti forma
VOL. L K
130 DISSERTATION ON THE PROGRESS
though this metaphysical taste was nourished by the
controversies which followed the Reformation, yet it
languished, with every other intellectual taste and
talent, from the Restoration, — first silenced by civil
disorders, and afterwards repressed by an exemplary,
but unlettered clergy, — till the philosophy of Shaftes-
bury was brought by Hutcheson from Ireland. We
are told by the writer of his Life (a fine piece of
philosophical biography) that '' he had a remarkable
degree of rational enthusiasm for learning, liberty,
Religion, Virtue, and human happiness ; "* that he
taught in public with persuasive eloquence ; that his
instructive conversation was at once lively and modest ;
and that he united pure manners with a kind disposi-
tion. What wonder that such a man should have
spread the love of Knowledge and Virtue around him,
and should have rekindled in his adopted country a
relish for the sciences which he cultivated ! To him
may also be ascribed that proneness to multiply ulti-
mate and original principles in human nature, which
characterised the Scottish school till the second ex-
tinction of a passion for metaphysical speculation in
Scotland. A careful perusal of the writings of this
now little studied philosopher will satisfy the well-
qualified reader, that Dr. Adam Smith's ethical specu-
lations are not so unsuggested as they are beautiful.
sed cultu negligentiori ; invidi natura, et cseterorum mortalium
contcmptoros ; ostentant plus rdmio nohiUtatem suam, et in summa
etiam egestate suum genus ad regiam stir pern referunt ; nee non
dialecticis argutiis aibi blandiuntar" — " Subita ingenia" is an
expression equivalent to the " Prajfervidum Scotorum ingenium''
of Buchanan. Churchill almost agrees in words with Servetus :
" Whose lineage springs
From great and glorious, though forgotten kings,"
The strong antipathy of the late King George III. to what he
called " Scotch Metaphysics," proves the permanency of the last
part of the national character.
* Life by Dr. Lecchman, prefixed to the System of Moral
Philosophy.
OF ETHICAL PHILOSOPHY. 131
BERKELEY.*
This great metaphysician was so little a moralist,
that it requires the attraction of his name to excuse
its introduction here. His Theory of Vision contains
a great discovery in mental philosophy. His imma-
terialism is chiefly valuable as a touchstone of meta-
physical sagacity; showing those to be altogether
without it, who, like Johnson and Beattie, believed
that his speculations were sceptical, that they implied
any distrust in the senses, or that they had the
smallest tendency to disturb reasoning or alter con-
duct. Ancient learning, exact science, polished so-
ciety, modern literature, and the fine arts, contributed
to adorn and enrich the mind of this accompHshed
man. All his contemporaries agreed with the satirist
in ascribing
" To Berkeley every virtue under heaven." f
Adverse factions and hostile wits concurred only in
loving, admiring, and contributing to advance him.
The severe sense of Swift endured his visions ; the
modest Addison endeavoured to reconcile Clarke to
his ambitious speculations. His character converted
the satire of Pope into fervid praise ; even the dis-
cerning, fastidious, and turbulent Atterbury said,
after an interview with him, " So much understand-
ing, so much knowledge, so much innocence, and such
humility, I did not think had been the portion of any
but angels, till I saw this gentleman." J " Lord Ba-
thurst told me, that the members of the Scriblerus
Club being met at his house at dinner, they agreed
to rally Berkeley, who was also his guest, on his
• Bom near Thomastown, in Ireland, 1684 ; died at Oxford,
1753.
t Epilogue to Pope's Satires, dialogue 2.
"^ Duncombe's Letters, pp. 106, 107.
& 2
132 DISSERTATION ON THE PROGRESS
scheme at Bermudas. Berkeley, having listened to
the many lively things they had to say, begged to be
heard in his turn, and displayed his plan with such an
astonishing and animating force of eloquence and en-
thusiasm, that they were struck dumb, and, after some
pause, rose all up together, with earnestness exclaim-
ing, ' Let us set out with him immediately.' " * It was
when thus beloved and celebrated that he conceived,
at the age of forty-five, the design of devoting his life
to reclaim and convert the natives of North America ;
and he employed as much influence and solicitation
as common men do for their most prized objects, in
obtaining leave to resign his dignities and revenues,
to quit his accomplished and affectionate friends, and
to bury himself in what must have seemed an intel-
lectual desert. After four years' residence at New-
port, in Rhode Island, he was compelled, by the re-
fusal of Government to furnish him with funds for
his College, to forego his work of heroic, or rather
godlike benevolence ; though not without some con-
soling forethought of the fortune of the country where
he had sojourned.
Westward the course of empire takes it*^ way
The first four acts already past,
A fifth shall close the drama with the day,
Time's noblest offspring is its last.
Thus disappointed in his ambition of keeping a
school for savage children, at a salary of a hundred
pounds by the year, he was received, on his return,
with open arms by the philosophical queen, at whose
metaphysical parties he made one with Sherlock, who,
as well as Smalridge, was his supporter, and with
Hoadley, who, following Clarke, was his antagonist.
By her influence, he was made Bishop of Cloyne. It
is one of his highest boasts, that though of English
extraction, he was a true Irishman, and the first emi-
* Warton on Pope, i. 199.
OF ETHICAL PHILOSOPHY. 133
nent Protestant, after tlie unhappy contest at the
Revolution, who avowed his love for all his country-
men. He asked, " Whether their habitations and
furniture were not more sordid than those of the
savaoje Americans ? " * " Whether a scheme for the
welfare of this nation should not take in the whole
inhabitants ? " and, " Whether it was a vain attempt,
to project the flourishing of our Protestant gentry,
exclusive of the bulk of the natives ? " f He proceeds
to promote the reformation suggested in this pregnant
question by a series of Queries, intimating with the
utmost skill and address, every reason that proves the
necessity, and the safety, and the wisest mode of
adopting his suggestion. He contributed, by a truly
Christian address to the Roman Catholics of his
diocese, to their perfect quiet during the rebellion of
1745 ; and soon after published a letter to the clergy
of that persuasion, beseeching them to inculcate in-
dustry among their flocks, for which he received
their thanks. He tells them that it was a saying
among the negro slaves, " if negro were not negro,
Irishman would be negro." It is difficult to read
these proofs of benevolence and foresight without
emotion, at the moment when, after a lapse of near
a century, his suggestions have been at length, at
the close of a struggle of twenty-five years, adopted,
by the admission of the whole Irish nation to the
privileges of the British constitution.! The patriotism
of Berkeley was not, like that of Swift, tainted by
disappointed ambition, nor was it, like Swift's, con-
fined to a colony of English Protestants. Perhaps
the Querist contains more hints, then original and
still unapplied in legislation and political economy,
than are to be found in any other equal space. From
the writings of his advanced years, when he chose a
medical tract § to be the vehicle of his philosophical
♦ Sec his Querist, 358.; published in 1735. f H^i^v 255.
X A]ml^ 1829. § Sins, or llcflections on Tar Water^
K 3
134 DISSERTATION ON THE PROGRESS
reflections, though it cannot be said that he relin-
quished his early opinions, it is at least apparent that
his mind had received a new bent, and was habitually
turned from reasoning towards contemplation. His
immaterialism indeed modestly appears, but only to
purify and elevate our thoughts, and to fix them on
Mind, the paramount and primeval principle of all
things. " Perhaps," says he, " the truth about innate
ideas may be, that there are properly no ideas, or pas-
sive objects, in the mind but what are derived from
sense, but that there are also, besides these, her own
acts and operations, — such are notions ; " a statement
which seems once more to admit general conceptions,
and which might have served, as well as the parallel
passage of Leibnitz, as the basis of the modern philo-
sophy of Germany. From these compositions of his
old age, he appears then to have recurred with fond-
ness to Plato and the later Platonists ; writers from
whose mere reasonings an intellect so acute could
hardly hope for an argumentative satisfaction of all
its difficulties, and whom he probably rather studied
as a means of inuring his mind to objects beyond the
" visible diurnal sphere," and of attaching it, through
frequent meditation, to that perfect and transcendent
goodness to which his moral feelings always pointed,
and which they incessantly strove to grasp. His
mind, enlarging as it rose, at length receives every
theist, however imperfect his belief, to a communion
in its philosophic piety. " Truth," he beautifully con-
cludes, "is the cry of all, but the game of a few.
Certainly, where it is the chief passion, it does not
give way to vulgar cares, nor is it contented with a
little ardour in the early time of life ; active perhaps
to pursue, but not so fit to weigh and revise. He
that would make a real progress in knowledge, must
dedicate his age as well as youth, the later growth as
well as first fruits, at the altar of Truth." So did
Berkeley, and such were almost his latest words.
His general principles of Ethics may be shortly
OF ETHICAL PHILOSOPHY. 135
stated in his own -words : — " As God is a being of
infinite goodness, His end is the good of His creatures.
The general well-being of all men of all nations, of all
ages of the world, is that which He designs should
be procured hy the concurring actions of each indi-
vidual." Having stated that this end can be pursued
only in one of two ways, — either by computing the
consequences of each action, or by obeying rules
which generally tend to happiness, — and having
shown the first to be impossible, he rightly infers,
" that the end to which God requires the concurrence
of human actions, must be carried on by the obser-
vation of certain determinate and universal rules, or
moral precepts, which in their own nature have a
necessary teudency to promote the well-being of man-
kind, taking in all nations and ages, from the begin-
ning to the end of the world." * A romance, of which
a journey to an Utopia, in the centre of Africa,
forms the chief part, called "The Adventures of
Signer Gaudentio di Lucca," has been commonly
ascribed to him ; probably on no other ground than
its union of pleasing invention with benevolence and
elegance.f Of the exquisite grace and beauty of his
diction, no man accustomed to English composition
can need to be informed. His works are, beyond dis-
pute, the finest models of philosophical style since
Cicero. Perhaps they surpass those of the orator,
in the wonderful art by which the fullest light is
thrown on the most minute and evanescent parts of
the most subtile of human conceptions. Perhaps,
also, he surpassed Cicero in the charm of simplicity,
a quality eminently found in Irish writers before the
end of the eighteenth century ; — conspicuous in the
masculine severity of Swift, in the Platonic fancy of
Berkeley, in the native tenderness and elegance of
* Sermon in Trinity College chapel, on Passive Obedience,
1712.
t Sec Gentleman's Magazine for January, 1777.
K 4
136 DISSERTATION ON THE PROGRESS
Goldsmith, and not withholding its attractions from
Hutcheson and Leland, writers of classical taste,
though of inferior power. The two Irish philosophers
of the eighteenth century may be said to have co-
operated in calling forth the metaphysical genius of
Scotland ; for, though Hutcheson spread the taste for,
and furnished the principles of such speculations, yet
Berkeley undoubtedly produced the scepticism of
Hume, which stimulated the instinctive school to ac-
tivity, and was thought incapable of confutation, other-
wise than by their doctrines.
DAVID HUME.*
The life of Mr. Hume, written by himself, is re-
markable above most, if not all writings of that sort,
for hitting the degree of interest between coldness
and egotism which becomes a modest man in speaking
of his private history. Few writers, whose opinions
were so obnoxious, have more perfectly escaped every
personal imputation. Very few men of so calm a
character have been so warmly beloved. That he ap-
proached to the character of a perfectly good and
wise man, is an affectionate exaggeration, for which
his friend Dr. Smith, in the first moments of his sor-
row, may well be excused. | But such a praise can
never be earned without passing through either of the
extremes of fortune, — without standing the test of
temptations, dangers, and sacrifices. It may be said
with truth, that the private character of Mr. Hume
exhibited all the virtues which a man of reputable
station, under a mild government, in the quiet times
of a civilised country, has often the opportunity to
practise. He showed no want of the qualities which
fit men for more severe trials. Though others had
* Bom at Edinburgh, 1711 ; died there, 1776.
t Dr. Smith's Letter to Mr. Strahan, annexed to the Life of
Hume.
OF ETHICAL PHILOSOPHY. 137
warmer affections, no man was a kinder relation, a
more unwearied friend, or more free from meanness
and malice. His character was so simple, that he did
not even affect modesty ; but neither his friendships
nor his deportment were changed by a fame which
filled all Europe. His good nature, his plain manners,
and his active kindness, procured him at Paris the
enviable name of '■^ the good David" from a society
not so alive to goodness, as without reason to place it
at the head of the qualities of a celebrated man.*
His whole character is fiiithfuUy and touchingly re-
presented in the story of La Roche f, where Mr.
Mackenzie, without concealing Mr. Hume's opinions,
brings him into contact with scenes of tender piety,
and yet preserves the interest inspired by genuine and
unalloyed, though moderated, feelings and affections.
The amiable and venerable patriarch of Scottish
literature, — opposed, as he was to the opinions of the
philosopher on whom he has composed this best pane-
gyric,— tells us that he read his manuscript to Dr.
Smith, "who declared that he did not find a syllable
to object to, but added, with his characteristic absence
of mind, that he was surprised he had never heard of
the anecdote before." J So lively was the delineation,
thus sanctioned by the most natural of all testimonies.
Mr. Mackenzie indulges his own religious feelings by
modestly intimating, that Dr. Smith's answer seemed
to justify the last words of the tale, "that there were
moments when the philosopher recalled to his mind
the venerable figure of the good La Roche, and wished
that he had never doubted." To those who are stran-
gers to the seductions of paradox, to the intoxication
of fame, and to the bewitchment of prohibited opinions,
it must be unaccountable, that he who revered bene-
volence should, without apparent regret, cease to see
it on the throne of the Universe. It is a matter of
* See Note P. f :Mirror, Nos. 42, 43, 44.
X Mackenzie's Life of John Home, p. 21.
138 DISSERTATION ON THE PROGRESS
wonder that his habitual esteem for every fragment
and shadow of moral excellence should not lead him
to envy those who contemplated its perfection in that
living and paternal character which gives it a power
over the human heart.
On the other hand, if we had no experience of the
power of opposite opinions in producing irreconcilable
animosities, we might have hoped that those who re-
tained such high privileges, would have looked with
more compassion than dislike on a virtuous man who
had lost them. In such cases it is too little remem-
bered, that repugnance to hypocrisy and impatience
of long concealment, are the qualities of the best
formed minds, and that, if the publication of some
doctrines proves often painful and mischievous, the
habitual suppression of opinion is injurious to Reason,
and very dangerous to sincerity. Practical questions
thus arise, so difficult and perplexing that their deter-
mination generally depends on the boldness or timidity
of the individual, — on his tenderness for the feelings
of the good, or his greater reverence for the free
exercise of reason. The time is not yet come when
the noble maxim of Plato, " that every soul is un-
ivillingly deprived of truth," will be practically and
heartily applied by men to the honest opponents who
differ from them most widely.
It was in his twenty-seventh year that Mr. Hume
published at London the Treatise of Human Nature,
the first systematic attack on all the principles of
knowledge and belief, and the most formidable, if
universal scepticism could ever be more than a mere
exercise of ingenuity.* This memorable work was
* Sextus, a physician of the empirical, i. e. anti-theoretical
school, who lived at Alexandria in the reign of Antoninus Pius,
has preserved the reasonings of the ancient Sceptics as they were
to be found in their most improved state, in the writings of
-^nesidemus, a Cretan, who was a professor in the same city,
soon after the reduction of Egypt into a Roman province. The
greater part of the grounds of doubt are very shallow and popular:
OF ETHICAL PHILOSOPHY. 139
reviewed in a Journal of that time* in a criticism
not distinguished by ability, which affects to represent
the style of a very clear writer as unintelligible, —
sometimes from a purpose to insult, but oftener from
sheer dulness, — which is unaccountably silent respect-
ing the consequences of a sceptical system, but which
concludes with the following prophecy so much at
variance with the general tone of the article, that it
would seem to be added by a different hand. "It
bears incontestable marks of a great capacity, of a
soaring genius, but young, and not yet thoroughly
practised. Time and use may ripen these qualities in
the author, and we shall probably have reason to con-
sider this, compared with his later productions, in the
same light as we view the juvenile works of Milton
or the first manner of Raphael."
The great speculator did not in this work amuse
himself, like Bayle, with dialectical exercises, which
only inspire a disposition towards doubt, by showing
in detail the uncertainty of most opinions. He aimed
at proving, not that nothing was known, but that
nothing could be known, — from the structure of the
Understanding to demonstrate that we are doomed for
ever to dwell in absolute and universal ignorance. It
is true that such a system of universal scepticism
never can be more than an intellectual amusement,
an exercise of subtilty, of which the only use is to
check dogmatism, but which perhaps oftener provokes
and produces that much more common evil. As those
dictates of experience which regulate conduct must
be the objects of belief, all objections which attack
them in common with the principles of reasoning,
must be utterly ineffectual. Whatever attacks every
there are, among them, intimations of the arj^iment against a
necessary connection of causes with effects, afterwards better
presented bv GUinville in his Scepsis Scientifica. Sec Note Q.
* The Works of the Learned for Nov. and Dec. 1739, i)p. 353
— 404. This review is attributed by some (Chalmers' Biogr. Diet.,
voce Uuiuc) to Warburton, but certainly without foundation.
140 DISSERTATION ON THE PROGRESS
principle of belief can destroy none. As long as the
foundations of Knowledge are allowed to remain on
the same level (be it called of certainty or uncer-
tainty) with the maxims of life, the whole system of
human conviction must continue undisturbed. When
the sceptic boasts of having involved the results of
experience and the elements of Geometry in the same
ruin with the doctrines of Religion and the principles
of Philosophy, he may be answered, that no dogmatist
ever claimed more than the same degree of certainty
for these various convictions and opinions, and that
his scepticism, therefore, leaves them in the relative
condition in which it found them. No man knew
better or owned more frankly than Mr. Hume, that to
this answer there is no serious reply. Universal
scepticism involves a contradiction in terms : it is a
belief that there can he no belief. It is an attempt of
the mind to act without its structure, and by other
laws than those to which its nature has subjected its
operations. To reason without assenting to the prin-
ciples on which reasoning is founded, is not unlike an
effort to feel without nerves, or to move without
muscles. No man can be allowed to be an opponent in
reasoning, who does not set out with admitting all the
principles, without the admission of which it is impos-
sible to reason.* It is indeed a puerile, nay, in the
eye of Wisdom, a childish play, to attempt either to
establish or to confute principles by argument, which
* This maxim, which contains a sufficient answer to all
universal scepticism, or, in other words, to all scepticism properly
so called, is significantly conveyed in the quaint title of an old
and rare book, entitled, " Scivi ; sive Sceptices et Scepticorum a
Jure Disputationis Exclusio," by Thomas White, the meta-
physician of the English Catholics in modem times. " For-
tunately," says the illustrious sceptic himself, " since Reason is
incapable of dispelling these clouds. Nature herself suffices for
that purpose, and cures me of this philosophical delirium." —
Treat, of Hum. Nat. i. 467. ; almost in the sublime and immortal
words of Pascal : " La Raison confond les dogmatistes, et la
Nature Ics sceptiques."
OF ETHICAL PHILOSOPHY. 141
every step of that argument must presuppose. The
only difference between the two cases is, that he who
tries to prove them can do so only by first taking
them for granted, and that he who attempts to impugn
them falls at the very first step into a contradiction
from which he never can rise.
It must, however, be allowed, that universal scep-
ticism has practical consequences of a very mischievous
nature. This is because its iinivcrsalit)/ is not steadily
kept in view, and constantly borne in mind. If it
were, the above short and plain remark would be an
effectual antidote to the poison. But in practice, it is
an armoury from which weapons are taken to be em-
ployed against some opinions, while it is hidden from
notice that the same weapon would equally cut down
every other conviction. It is thus that Mr. Hume'3
theory of causation is used as an answer to argu-
ments for the existence of the Deity, without warning
the reader that it would equally lead him not to ex-
pect that the sun will rise to-morrow. It must also
be added, that those who are early accustomed to
dispute first principles are never likely to acquire, in
a sufficient degree, that earnestness and that sin-
ceritv. that strong love of Truth, and that conscien-
tious solicitude for the formation of just opinions,
which are not the least virtues of men, but of which
the cultivation is the more especial duty of all who
call themselves philosophers.*
It is not an uninteresting fact that Mr. Hume,
having been introduced by Lord Kames (then Mr.
Henry Home) to Dr. Butler, sent a copy of his Trea-
tise to that philosopher at the moment of his prefer-
ment to the bishopric of Durham ; and that the
* It would be an act of injustice to those readers who are not
acquainted with that valuable volume entitled, " Essays on the
Formation of Opinions," not to refer them to it as enforcing
that neglected part of morality. To it may be added, a maij-
terly article in the Westminster Keview, vi. 1., occasioned by the
Essays.
142 DISSERTATION ON THE PROGRESS
perusal of it did not deter the philosophic prelate
from " everywhere recommending Mr. Hume's Moral
and Political Essays*,'' published two years after-
wards ; — essays which it would indeed have been
unworthy of such a man not to have liberally com-
mended ; for they, and those which followed them,
whatever may be thought of the contents of some of
them, must be ever regarded as the best models in
any language, of the short but full, of the clear and
agreeable, though deep discussion of difficult ques-
tions.
Mr. Hume considered his Inquiry concerning the
Principles of Morals as the best of his writings. It
is very creditable to his character, that he should
have looked back with most complacency on a tract
the least distinguished by originality, and the least
tainted by paradox, among his philosophical works ;
but deserving of all commendation for the elegant
perspicuity of the style, and the novelty of illustra-
tion and inference with which he unfolded to general
readers a doctrine too simple, too certain, and too
important, to remain till his time undiscovered among
philosophers. His diction has, indeed, neither the
grace of Berkeley, nor the strength of Hobbes ; but it
is without the verbosity of the former, or the rugged
sternness of the latter. His manner is more lively,
more easy, more ingratiating, and, if the word may
be so applied, more amusing, than that of any other
metaphysical writer.f He knew himself too well to
be, as Dr. Johnson asserted, an imitator of Voltaire ;
who, as it were, embodied in his own person all the
* Woodliouselee's Life of Karnes, i. 86. 104.
f These commendations are so far from being at variance with
the remarks of the late most ingenious Dr. Thomas Brown, on
Mr. Hume's " mode of writing," (Inquiry into the Relation of
Cause and Effect, 3d ed. p. 327.), that they may rather be re-
garded as descriptive of those excellencies of which the excess
produced the faults of Mr. Hume, as a mere searcher and teacher,
justly, though perhaps severely, animadverted on by Dr. Brown.
OF ETHICAL PHILOSOPHY. 143
wit and quickness and versatile ingenuity of a people
which surpasses other nations in these brilliant quali-
ties. If he must be supposed to have had an eye on
any French writer, it would be a more plausible guess,
that he sometimes copied, with a temperate hand, the
unexpected thoughts and familiar expressions of Fon-
tenelle. Though he carefully weeded his writings in
their successive editions, yet they still contain Scot-
ticisms and Gallicisms enough to employ the succes-
sors of such critics as those who exulted over the
Patavinity of the Koman historian. His own great
and modest mind would have been satisfied with the
praise which cannot be withheld from him, that there
is no writer in our language Avho, through long works,
is more agreeable ; and it is no derogation from him,
that, as a Scotsman, he did not reach those native and
secret beauties, characteristical of a language, which
are never attained, in elaborate composition, but by a
very small number of those who familiarly converse
in it from infancy. The Inquiry affords perhaps the
best specimen of his style. In substance, its chief
merit is the proof, from an abundant enumeration of
particulars, that all the qualities and actions of the
mind which are generally approved by mankind agree
in the circumstance of being useful to society. In the
proof (scarcely necessary), that benevolent affections
and actions have that tendency, he asserts the real
existence of these affections with unusual warmth ;
and he well abridjres some of the most forcible ar^ru-
ments of Butler*, whom it is remarkable that he does
not mention. To show the irtiportance of his prin-
ciple, he very unnecessarily distinguishes the compre-
hensive duty of justice from other parts of Morality,
as an artificial virtue, for which our respect is solely
derived from notions of utility. If all things were in
such plenty that there could never be a want, or if
* Inquiry, § ii. part i., especially the concluding paragraphs ;
those which precede being more his own.
144 DISSERTATION ON THE PROGRESS
men were so benevolent as to provide for the wants of
others as much as for their own, there would, says he,
in neither case be any justice, because there would be
no need for it. But it is evident that the same rea-
soning is applicable to every good affection and right
action. None of them could exist if there were no
scope for their exercise. If there were no suffering,
there could be no pity and no relief: if there were no
offences, there could be no placability : if there were
no crimes, there could be no mercy. Temperance,
prudence, patience, magnanimity, are qualities of
which the value depends on the evils by which they
are respectively exercised.*
With regard to purity of manners, it must be owned
that Mr. Hume, though he controverts no rule, yet
treats vice with too much indulgence. It was his
general disposition to distrust those virtues which are
liable to exaggeration, and may be easily counter-
feited. The ascetic pursuit of purity, and hypocritical
pretences to patriotism, had too much withdrawn the
respect of his equally calm and sincere nature from
these excellent virtues ; more especially as severity in
both these respects was often at apparent variance
* " Si nobis, cum ex hac vita migraverimus, in beatorum insnlis,
ut fabulae ferunt, iminortale ajvum clegere liceret, quid opus esset
eloquentia, cum judicia nulla fierent ? aut ipsis etiam virtutibus ?
Nee enim fortitudine indigeremus, nullo proposito aut labore aut
periculo ; nee justitia, cum esset nihil quod appeteretur alieni ; nee
temperantia, quae regeret eas quae nullge essent libidines : ne pru-
dentia quidem egeremus, nullo proposito delectu bonorum et ma-
lonam. Una igitur essemus beati cognitione rerum et scientia."
— Frag. Cic. Hortens. apud Augustine de Trinitate. Cicero is
more extensive, and therefore more consistent than Hume ; but
his enumeration errs both by excess and defect. He supposes
Knowledge to render beings happy in this imaginary state, with-
out stooping to inquire how. He omits a virtue which might well
exist in it, though we cannot conceive its formation in such a
state — the delight in each other's well-being ; and he omits a
conceivable though unknown vice, that of unmixed ill-will, which
would render such a state a hell to the wretch who harboured the
malevolence.
OF ETHICAL PHILOSOPHT. 145
with affection, which can neither be long assumed,
nor ever overvalued. Yet it was singular that he
who, in his essay on Polygamy and Divorce * had so
well shown the connexion of domestic ties with the
outward order of society, should not have perceived
their deeper and closer relation to all the social feel-
ings of human nature. It cannot be enough regretted,
that, in an inquiry written with a very moral pur-
pose, his habit of making truth attractive, by throwing
over her the dress of paradox, should have given him
for a moment the appearance of weighing the mere
amusements of society and conversation against do-
mestic fidelity, which is the preserver of domestic
affection, the source of parental fondness and filial
regard, and, indirectly, of all the kindness which
exists between human beings. That families are
schools where the infant heart learns to love, and that
pure manners are the cement which alone holds these
schools together, are truths so certain, that it is
wonderful he should not have betrayed a stronger
sense of their importance. No one could so well have
proved that all the virtues of that class, in their
various orders and degrees, minister to the benevolent
affections ; and that every act which separates the
senses from the affections tends, in some degree, to
deprive kindness of its natural auxiliary, and to lessen
its prevalence in the world. It did not require his
sagacity to discover that the gentlest and tenderest
feelings flourish only under the stern guardianship of
these severe virtues. Perhaps his philosophy was
loosened, though his life was uncorrupted, by that
universal and undistinguishing profligacy which pre-
vailed on the Continent, from the regency of the Duke
of Orleans to the French Revolution ; the most disso-
lute period of European history, at least since the
Roman cmperors.f At Rome, indeed, the connexion
of licentiousness with cruelty, which, though scarcely
* Essays and Treatises, vol. i. f See Note R
VOL. L L
146 DISSERTATION ON THE PROGRESS
traceable in individuals, is generally very observable
in large masses, bore a fearful testimony to the value
of austere purity. The alliance of these remote vices
seemed to be broken in the time of Mr. Hume. Plea-
sure, in a more improved state of society, seemed to
return to her more natural union with kindness and
tenderness, as well as with refinement and politeness.
Had he lived fourteen years longer, however, he would
have seen, that the virtues which guard the natural
seminaries of the affections are their only true and
lasting friends. He would also then have seen (the
demand of well-informed men for the improvement of
civil institutions, — and that of all classes grooving in
intelligence, to be delivered from a degrading in-
feriority, and to be admitted to a share of political
power proportioned to their new importance, having
been feebly, yet violently, resisted by those ruling
castes who neither knew how to yield, nor how to
withstand), how speedily the sudden demolition of the
barriers (imperfect as these were) of law and govern-
ment, led to popular excesses, desolating wars, and a
military dictatorship, which for a long time threatened
to defeat the reformation, and to disappoint the hopes
of mankind. This tremendous conflagration threw a
fearful light on the ferocity which lies hid under the
arts and pleasures of corrupted nations ; as earth-
quakes and volcanoes disclose the rocks which compose
the deeper parts of our planet, beneath a fertile and
flowery surface. A part of this dreadful result may
be ascribed, not improbably, to that relaxation of
domestic ties, which is unhappily natural to the popu-
lace of all vast capitals, and was at that time coun-
tenanced and aggravated by the example of their
superiors. Another part doubtless arose from the
barbarising power of absolute government, or, in other
words, of inj ustice in high places. A narration of those
events attests, as strongly as Roman history, though
in a somewhat different manner, the humanising efiicacy
of the family virtues, by the consequences of the want
OF ETHICAL PHILOSOPHY. 147
of them in the higher classes, whose profuse and osten-
tatious sensuality inspired the labouring and suffering
portion of mankind with contempt, disgust, envy, and
hatred.
The Inquiry is disfigured by another speck of more
frivolous paradox. It consists in the attempt to give
the name of Virtue to qualities of the Understanding ;
and it would not have deserved the single remark
about to be made on it, had it been the paradox of an
inferior man. He has altogether omitted the circum-
stance on which depends the difference of our senti-
ments regarding moral and intellectual qualities. We
admire intellectual excellence, but we bestow no moral
approbation on it. Such approbation has no tendency
directly to increase it, because it is not voluntary.
We cultivate our natural disposition to esteem and
love benevolence and justice, because these moral
sentiments, and the expression of them, directly and
materially dispose others, as well as ourselves, to cul-
tivate these two virtues. We cultivate a natural anger
against oppression, which guards ourselves against the
practice of that vice, and because the manifestation of
it deters others from its exercise. The first rude re-
sentment of a child is against every instrument of
hurt : we confine it to intentional hurt ; when we are
taught by experience that it prevents only that species
of hurt ; and at last it is still further limited to wrong
done to ourselves or others, and in that case becomes
a purely moral sentiment. We morally approve in-
dustry, desire of knowledge, love of Truth, and all the
habits by which the Understanding is strengthened
and rectified, because their formation is subject to the
Will * ; but we do not feel moral anger against folly
or ignorance, because they are involuntary. No one
but the religious persecutor, — a mischievous and over-
* " In hac quaestione primas tenet Voluntas, qua, ut ait Augus-
tinus, peccatur, et recte vivitur." — Erasmus, Diatribe adversus
Lutherum.
L 2
148 DISSERTATION ON THE PROGRESS
grown child, wreaks his vengeance on involuntary,
inevitable, compulsory acts or states of the Under-
standing, which are no more affected by blame than
the stone which the foolish child beats for hurting
him. Reasonable men apply to every thing which
they wish to move, the agent which is capable of
moving it; — force to outward substances, arguments
to the Understanding, and blame, together with all
other motives, whether moral or personal, to the Will
alone. It is as absurd to entertain an abhorrence of
intellectual inferiority or error, however extensive or
mischievous, as it would be to cherish a warm in-
dignation against earthquakes or hurricanes. It is
singular that a philosopher who needed the most
liberal toleration should, by representing states of the
Understanding as moral or immoral, have offered the
most philosophical apology for persecution.
That general utility constitutes a uniform ground
of moral distinctions, is a part of Mr. Hume's ethical
theory which never can be impugned, until some
example can be produced of a virtue generally per-
nicious, or of a vice generally beneficial. The reli-
gious philosopher who, with Butler, holds that
benevolence must be the actuating principle of the
Divine mind, will, with Berkeley, maintain that pure
benevolence can prescribe no rules of human conduct
but such as are beneficial to men ; thus bestowing on
the theory of moral disfAnctions the certainty of de-
monstration in the eyes of all who believe in God.
The other question of moral philosophy which re-
lates to the theory of moral approbation, has been
by no means so distinctly and satisfactorily handled
by Mr. Hume. His general doctrine is, that an in-
terest in the well-being of others, implanted by nature,
which he calls " sympathy" in his Treatise of Human
Nature, and much less happily " benevolence" in his
subsequent Inquiry* prompts us to be pleased with
* Essays and Treatises, vol. ii.
OF ETHICAL PHILOSOPHY. 149
all generally beneficial actions. In this respect his
doctrine nearly resembles that of Hutcheson. He
does not trace his principle through the variety of
forms which our moral sentiments assume : there are
very important parts of them, of which it affords no
solution. For example, though he truly represents
our approbation, in others, of qualities useful to the
individual, as a proof of benevolence, he makes no
attempt to explain our moral approbation of such 45
virtues as temperance and fortitude in ourselves. He
entirely overlooks that consciousness of the rightful
supremacy of the Moral Faculty over every other
principle of human action, without an explanation of
which, ethical theory is wanting in one of its vita
organs.
Notwithstanding these considerable defects, his
proof from induction of the beneficial tendency of
Virtue, his conclusive arguments for human disin-
terestedness, and his decisive observations on the re-
spective provinces of Reason and Sentiment in Morals,
concur in ranking the Inquiry with the ethical trea-
tises of the highest merit in our language, — with
Shaftesbury's Inquiry concerning Virtue, Butler's
Sermons, and Smith's Theory of Moral Sentiments.
ADAM SMITH.*
The great name of Adam Smith rests upon the
Inquiry into the Nature and Causes of the Wealth
of Nations ; perhaps the only book which produced
an immediate, general, and irrevocable change in
some of the most important parts of the legislation of
all civilised states. The works of Grotius, of Locke,
and of Montesquieu, which bear a resemblance to it
in character, and had no inconsiderable analogy to it
in the extent of their popular influence, were produc-
tive only of a general amendment, not so conspicuous
* Born, 1723; died, 1790.
L 3
150 DISSERTATION ON THE PROGRESS
in particular instances, as discoverable, after a time,
in the improved condition of human affairs. The
work of Smith, as it touched those matters which
may be numbered, and measured, and weighed, bore
more visible and palpable fruit. In a few years it
began to alter laws and treaties, and has made its
way, throughout the convulsions of revolution and
conquest, to a due ascendant over the minds of men,
^ with far less than the average of those obstructions of
prejudice and clamour, which ordinarily choke the
channels through which truth flows into practice.*
The most eminent of those who have since cultivated
and improved the science will be the foremost to ad-
dress their immortal master,
Tenebris tantis tam clarum extollere lumen
Qui primus potuisti, inlustrans commoda vitae,
Te sequor ! f
In a science more difficult, because both ascending
to more simple general principles, and running down
through more minute applications, though the success
of Smith has been less complete, his genius is not
less conspicuous. Perhaps there is no ethical work
since Cicero's Offices, of which an abridgment enables
the reader so inadequately to estimate the merit,
as the Theory of Moral Sentiments. This is not
chiefly owing to the beauty of diction, as in the case
of Cicero ; but to the variety of explanations of life
and manners which embellish the book often more
than they illuminate the theory. Yet, on the other
hand, it must be owned that, for purely philosophical
purposes, few books more need abridgment : for the
most careful reader frequently loses sight of principles
buried under illustrations. The naturally copious
and flowing style of the author is generally redundant;
and the repetition of certain formularies of the system
is, in the later editions, so frequent as to be weari-
* See Note S. f Lucret. lib. iii.
OF ETHICAL PHILOSOPHY. lol
some, and sometimes ludicrous. Perhaps Smith and
Hobbes may be considered as forming the two ex-
tremes of good style in our philosophy ; the first of
graceful fulness falling into flaccidity ; while the
masterly concision of the second is oftener carried for-
ward into dictatorial dryness. Hume and Berkeley,
though they are nearer the extreme of abundance*,
are probably the least distant from perfection.
That mankind are so constituted as to sympathise
with each other's feelings, and to feel pleasure in the
accordance of these feelings, are the only fiicts required
by Dr. Smith ; and they certainly must be granted to
him. To adopt the feelings of another, is to approve
them. When the sentiments of another are such as
would be excited in us by the same objects, we ap-
prove them as moralli/ proper. To obtain this accord-
ance, it becomes necessary for him who enjoys, or
suffers, to lower the expression of his feeling to the
point to which the by-stander can raise his fellow-
feelings ; on this attempt are founded all the high
virtues of self-denial and self-command : and it is
equally necessary for the by-stander to raise his sym-
pathy as near as he can to the level of the original
feeling. In all unsocial passions, such as anger, we
have a divided sympathy between him who feels them,
and those who are the objects of them. Hence the
propriety of extremely moderating them. Pure malice
is always to be concealed or disguised, because all
sympathy is arrayed against it. In the private pas-
sions, Avhere there is only a simple sympathy, — that
with the original passion, — the expression has more
liberty. The benevolent affections, where there is a
double sympathy, — with those who feel them, and
those who are their objects, — are the most agreeable,
and may be indulged with the least apprehension of
* This remark is chiefly applicable to Hume's Essays. His
Treatise of Human Nature is more Hobbian in its general tenor,
though it has Ciceronian passages.
L 4
152 DISSERTATION ON THE PROGRESS
finding no echo in other breasts. Sympathy with the
gratitude of those who are benefited by good actions,
prompts us to consider them as deserving of reward,
and forms the sense of merit ; as fellow-feeling with
the resentment of those who are injured by crimes
leads us to look on them as worthy of punishment,
and constitutes the sense of demerit. These sentiments
require not only beneficial actions, but benevolent
motives ; being compounded, in the case of merit, of
a direct sympathy with the good disposition of the
benefactor, and an indirect sympathy with the persons
benefited ; in the opposite case, with precisely opposite
sympathies. He who does an act of wrong to another
to gratify his own passions, must not expect that the
spectators, who have none of his undue partiality to
his own interest, will enter into his feelings. In such a
case, he knows that they Avill pity the person wronged,
and be full of indignation against him. When he is
cooled, he adopts the sentiments of others on his own
crime, feels shame at the impropriety of his former
passion, pity for those who have sufiered by him, and
a dread of punishment from general and just resent-
ment. Such are the constituent parts of remorse.
Our moral sentiments respecting ourselves arise
from those which others feel concerning us. We feel a
self-approbation whenever we believe that the general
feeling of mankind coincides with that state of mind
in which we ourselves were at a given time. " We
suppose ourselves the spectators of our own behaviour,
and endeavour to imagine what effect it would in this
light produce in as." We must view our own conduct
with the eyes of others before we can judge it. The
sense of duty arises from putting ourselves in the
place of others, and adopting their sentiments respect-
ing our own conduct. In utter solitude there could
have been no self-approbation. The rules of Morality
are a summary of those sentiments ; and often bene-
ficially stand in their stead when the self-delusions of
passion would otherwise hide from us the non-con-
OF ETHICAL PHILOSOPHY. 153
formity of our state of mind with that which, in the
circumstances, can be entered into and approved by
impartial by-standers. It is hence that we learn to
raise our mind above local or temporal y clamour, and
to fix our eyes on the surest indications oi the general
and lasting sentiments of human nature. " When we
approve of any character or action, our sentiments are
derived from four sources : Jirst, we sympathise with
the motives of the agent ; secondly, we enter into the
gratitude of those who have been benefited by his
actions ; thirdly, ^Q observe that his conduct has been
agreeable to the general rules by which those two
sympathies generally act ; and, last of all, when we
consider such actions as forming part of a system of
behaviour which tends to promote the happiness either
of the individual or of society, they appear to derive a
beauty from this utility, not unlike that which we
ascribe to any well-contrived machine." *
REMARKS.
That Smith is the first who has drawn the attention
of philosophers to one of the most curious and im-
portant parts of human nature, — who has looked
closely and steadily into the workings of Sympathy,
its sudden action and re-action, its instantaneous con-
flicts and its emotions, its minute play and varied
illusions, is sufiicient to place him high among the
cultivators of mental philosophy. He is very original
in applications and explanations ; though, for his prin-
ciple, he is somewhat indebted to Butler, more to
Hutcheson, and most of all to Hume. These writers,
except Hume in his original work, had derived sym-
pathy, or a great part of it, from benevolence f :
Smith, with deeper insight, inverted the order. The
great part performed by various sympathies in moral
♦ Theory of Moral Sentiments, Edinb. 1801. ii. 304.
t There is some confusion regarding this point in Butler's first
sermon on Compassion.
154 DISSERTATION ON THE PROGRESS
approbation was first unfolded by him ; and besides
its intrinsic importance, it strengthened the proofs
again.it those theories which ascribe that great func-
tior CO Reason. Another great merit of the theory
of " sympathy " is, that it brings into the strongest
light that most important characteristic of the moral
sentiments which consists in their being the only prin-
ciples leading to action, and dependent on emotion or
sensibility, with respect to the objects of which, it
is not only possible but natural for all mankind to
agree.*
The main defects of this theory seem to be the
following.
1. Though it is not to be condemned for declining
inquiry into the origin of our fellow-feeling, which,
being one of the most certain of all facts, might well
be assumed as ultimate in speculations of this nature,
it is evident that the circumstances to which some
speculators ascribe the formation of sympathy at least
contribute to strengthen or impair, to contract or ex-
pand it. It will appear, more conveniently, in the next
article, that the theory of "sympathy" has suffered
from the omission of these circumstances. For the
present, it is enough to observe how much our com-
passion for various sorts of animals, and our fellow
feeling with various races of men, are proportioned
to the resemblance which they bear to ourselves, to
the frequency of our intercourse with them, and to
other causes which, in the opinion of some, afford
evidence that sympathy itself is dependent on a more
general law.
2. Had Smith extended his view beyond the mere
play of sympathy itself, and taken into account all
* The feelings of beauty, grandeur, and whatever else is com-
prehended under the name of Taste, form no exception, for they
do not lead to action, but terminate in delightful contemplation ;
which constitutes the essential distinction between them and the
moral sentiments, to which, in some points of view, they may
doubtless be likened.
OF ETHICAL PHILOSOPHT. 155
its preliminaries, and accompaniments, and conse-
quences, it seems improbable that he would have
fallen into the great error of representing the sym-
pathies in their primitive state, without undergoing
any transformation, as continuing exclusively to con-
stitute the moral sentiments. He is not content with
teaching that they are the roots out of which these
sentiments grow, the stocks on which they are grafted,
the elements of which they are compounded; — doc-
trines to which nothing could be objected but their
unlimited extent. He tacitly assumes, that if a sym-
pathy in the beginning caused or formed a moral
approbation, so it must ever continue to do. He pro-
ceeds like a geologist who should tell us that the body
of this planet had always been in the same state,
shutting his eyes to transition states, and secondary
formations ; or like a chemist who should inform us
that no compound substance can possess new qualities
entirely different from those which belong to its
materials. His acquiescence in this old and still
general error is the more remarkable, because Mr.
Hume's beautiful Dissertation on the Passions* had
just before opened a striking view of some of the com-
positions and decompositions which render the mind
of a formed man as different from its original state, as
the organisation of a complete animal is from the
condition of the first dim speck of vitality. It is from
this oversight (ill supplied by moral rules, — a loose
stone in his building) that he has exposed himself to
objections founded on experience, to which it is im-
possible to attempt any answer. For it is certain that
in many, nay in most cases of moral approbation,
the adult man approves the action or disposition
merely as right, and with a distinct consciousness that
no process of sympathy intervenes between the ap-
proval and its object. It is certain that an unbiassed
person would call it moral approbation^ only as far as
♦ Essays and Treatises, vol. il
156 DISSERTATION ON THE PROGRESS
it excluded the interposition of any reflection between
the conscience and the mental state approved. Upon
the supposition of an unchanged state of our active
principles, it w^ould follow that sympathy never had
any share in the greater part of them. Had he ad-
mitted the sympathies to be only elements entering
into the formation of Conscience, their disappearance,
or their appearance only as auxiliaries, after the mind
is mature, would have been no more an objection to
his system, than the conversion of a substance from a
transitional to a permanent state is a perplexity to
the geologist. It would perfectly resemble the de-
struction of qualities, which is the ordinary effect of
chemical composition.
3. The same error has involved him in another
difficulty perhaps still more fatal. The sympathies
have nothing more of an imperative character than
any other emotions. They attract or repel like other
feelings, according to their intensity. If, then, the
sympathies continue in mature minds to constitute
the whole of Conscience, it becomes utterly impossible
to explain the character of command and supremacy,
which is attested by the unanimous voice of mankind
to belong to that faculty, and to form its essential
distinction. Had he adopted the other representation,
it would be possible to conceive, perhaps easy to ex-
plain, that Conscience should possess a quality which
belonged to none of its elements.
4. It is to this representation that Smith's theory
owes that unhappy appearance of rendering the rule
of our conduct dependent on the notions and passions
of those who surround us, of which the utmost efforts
of the most refined ingenuity have not been able to
divest it. This objection, or topic, is often ignorantly
urged ; the answers are frequently solid ; but to most
men they must always appear to be an ingenious and
intricate contrivance of cycles and epicycles, which
perplex the mind too much to satisfy it, and seem de-
vised to evade difficulties which cannot be solved.
OF ETHICAL PHILOSOPHY. lo7
All theories which treat Conscience as built up by
circumstances inevitably acting on all human minds,
are, indeed, liable to somewhat of the same miscon-
ception ; unless they place in the strongest light
(what Smith's theory excludes) the total destruction
of the scaffolding, which was necessary only to the
erection of the building, after the mind is adult and
mature, and warn the hastiest reader, that it then
rests on its own foundation alone.
5. The constant reference of our own dispositions
and actions to the point of view from which they are
estimated by others, seems to be rather an excellent
expedient for preserving our impartiality, than a
fundamental principle of Ethics. But impartiality,
which is no more than a removal of some hinderance
to right judgment, supplies no materials for its exer-
cise, and no rule, or even principle, for its guidance. It
nearly coincides with the Christian precept of " doing
unto others as we would they should do unto us ; " — an
admirable practical maxim, but, as Leibnitz has said
truly, intended only as a correction of self-partiality.
6. Lastly, this ingenious system renders all mo-
rality relative, by referring it to the pleasure of an
agreement of our feelings with those of others, — by
confining itself entirely to the question of moral ap-
probation, and by providing no place for the con-
sideration of that quality which distinguishes all good
from all bad actions ; — a defect which will appear in
the sequel to be more immediately fatal to a theorist
of the sentimental, than to one of the intellectual school.
Smith shrinks from considering utility in that light,
as soon as it presents itself, or very strangely ascribes
its power over our moral feelings to admiration of
the mere adaptation of means to ends, (which might
surely be as well felt for the production of wide-
spread misery, by a consistent system of wicked con-
duct,)— instead of ascribing it to benevolence, with
Hutcheson and Hume, or to an extension of that
very sympathy which is his own first principle.
158 DISSERTATION ON THE PROGRESS
RICHARD PRICE.*
About the same time with the celebrated work of
Smith, but with a popular reception very different,
Dr. Richard Price, an excellent and eminent non-
conformist minister, published A Review of the prin-
cipal Questions in Morals "j" ; — an attempt to revive
the intellectual theory of moral obligation, which
seemed to have fallen under the attacks of Butler,
Hutcheson, and Hume, and before that of Smith. It
attracted little observation at first ; but being after-
wards countenanced by the Scottish school, it may
seem to deserve some notice, at a moment when the
kindred speculations of the German metaphysicians
have effected an establishment in France, and are no
longer unknown in England.
The Understanding itself is, according to Price, an
independent source of simple ideas^ " The various
kinds of agreement and disagreement between our
ideas, spoken of by Locke, are so many new simple
ideas." " This is true of our ideas of proportion, of
our ideas of identity and diversity, existence, con-
nection, cause and effect, power, possibility, and of
our ideas of right and wrong." " The first relates to
quantity, the last to actions, the rest to all things."
" Like all other simple ideas, they are undefinable."
It is needless to pursue this theory farther, till an
answer shall be given to the observation made before,
that as no perception or judgment, or other unmixed
act of Understanding, merely as such, and without
the agency of some intermediate emotion, can affect
the Will, the account given by Dr. Price of percep-
tions of judgments respecting moral subjects, does
not advance one step towards the explanation of the
authority of Conscience over the Will, which is the
* Born, 1723; died, 1791.
f The third edition was published at London in 1787.
OF ETHICAL PHILOSOPHY. 159
matter to be explained. Indeed, this respectable
writer felt the difficulty so much as to allow, " that
in contemplating the acts of moral agents, we have
both a perception of the understanding and a feeling
of the heart." He even admits, that it would have
been highly pernicious to us if our reason had been
left without such support. But he has not shown
how, on such a supposition, we could have acted
on a mere opinion ; nor has he given any proof that
what he calls " support " is not, in truth, the whole of
what directly produces the conformity of voluntary
acts to Morality.*
DAYID HARTLEY, f
The work of Dr. Hartley, entitled " Observations
on Man|," is distinguished by an uncommon union of
originality with modesty, in unfolding a simple and
fruitful principle of human nature. It is disfigured
by the absurd affectation of mathematical forms then
prevalent ; and it is encumbered and deformed by a
mass of physiological speculations, — groundless, or at
best uncertain, and wholly foreign from its proper
purpose, — which repel the inquirer into mental phi-
losophy from its perusal, and lessen the respect of the
physiologist for the author's judgment. It is an un-
fortunate example of the disposition predominant
* The following sentences will illustrate the text, and are in
truth applicable to all moral theories on merely intellectual prin-
ciples : " Reason alone, did we possess it in a higher degree,
would answer all the ends of the passions. Thus there would be
no need of parental affection, were all parents sufficiently ac-
quainted with the reasons for taking upon them the guidance and
support of those whom Nature has placed under their care, and
were they virtuous enough to be always determined by those reasons ? "
— Review, p. 121. A veiy slight consideration will show, that
%vithout the last words the preceding part would be utterly false,
and with them it is utterly insignificant.
f Born, 1705; died, 1757.
X Loudon, 1749.
160 DISSERTATION ON THE PROGRESS
among undistinguishing theorists to class together all
the appearances which are observed at the same time,
and in the immediate neighbourhood of each other.
At that period, chemical phenomena were referred
to mechanical principles ; "vegetable and animal life
were subjected to mechanical or chemical laws : and
while some physiologists* ascribed the vital functions
to the Understanding, the greater part of metaphy-
sicians were disposed, with a grosser confusion, to
derive the intellectual operations from bodily causes.
The error in the latter case, though less immediately
perceptible, is deeper and more fundamental than in
any other, since it overlooks the primordial and per-
petual distinction between the bei7ig which thinks and
the thing ivhich is thought of, — not to be lost sight of,
by the mind's eye, even for a twinkling, without in-
volving all nature in darkness and confusion. Hartley
and Condillac f , who, much about the same time, but
seemingly without any knowledge of each other's spe-
culations |, began in a very similar mode to simplify,
but also to mutilate the system of Locke, stopped short
of what is called " materialism," which consummates
the confusion, but touched its threshold. Thither, it
must be owned, their philosophy pointed, and thither
their followers proceeded. Hartley and Bonnet § ,
still more than Condillac, suffered themselves, like
* Among them was G. E. Stahl, born, 1660 ; died, 1734 ; — a
German physician and chemist of deserved eminence.
t Born, 1715; died, 1780.
% Traite sur I'Origine des Connoissances Humaines, 1746;
Traite des Systemes, 1749 ; Traite des Sensations, 1754. Foreign
books were then little and slowly known in England. Hartley's
reading, except on theology, seems confined to the physical and
mathematical sciences ; and his whole manner of thinking and
writing is so different from that of Condillac, that there is not the
least reason to suppose the work of the one to have been known
to the other. The work of Hartley, as we learn from the sketch
of his life by his son, prefixed to the edition of 1791, was begun
in 1730, and finished in 1746.
§ Born, 1720; died, 1793.
OF ETHICAL PIIILOSOPHY. 161
most of their contemporaries, to overlook the im-
portant truth, that all the changes in the organs which
• can be likened to other material phenomena, are
nothing more than antecedents and prerequisites of per-
ception^ bearing not the faintest likeness to it, — as
much outward in relation to the thinking principle,
as if they occurred in any other part of matter ; and
that the entire comprehension of those changes, if it
were attained, would not bring us a step nearer to the
nature of thought. They who would have been the
first to exclaim against the mistake of a sound for a
colour, fell into the more unspeakable error of con-
founding the perception of objects, as outward, with
the consciousness of our own mental operations.
Locke's doctrine, that " reflection " was a separate
source of ideas, left room for this greatest of all dis-
tinctions; though with muchunhappiness of expression,
and with no little variance from the course of his own
speculations. Hartley, Condillac, and Bonnet, in
hewing away this seeming deformity from the system
of their master, unwittingly struck off the part of the
building which, however unsightly, gave it the power
of yielding some shelter and guard to truths, of Avliich
the exclusion rendered it utterly untenable. They be-
came consistent Nominalists ; in reference to whose
controversy Locke expresses himself with confusion
and contradiction : but on this subject they added
nothing to what had been taught by Hobbes and
Berkeley. Both Hartley and Condillac* have the
merit of having been unsedxiced by the temptations
either of scepticism, or of useless idealism ; whicli,
* The following note of Condillac will show how mucli ho
differed from Hartley in his mode of considering the Newtonian
hypothesis of vibrations, and how far he was in that respect
superior to him. " Je suppose iei et ailleurs que les perceptions
de Tame ont ])our cause physique I'ebranlemcnt dcs fibres du
cerveau ; non que jc regarde cettc hypothise comine demontree, mais
•parcequellc est la plus commode pour expliquer ma pensee." — ^
aCuvrcs de Condillac, Paris, 1798, i. 60.
VOL. L M
162 DISSERTATION ON THE PROGRESS
even if Berkeley and Hume could have been unknown
to them, must have been within sight. Both agree in
referring all the intellectual operations to the " associ-
ation of ideas," and in representing that association as
reducible to the single law, " that ideas which enter
the mind at the same time, acquire a tendency to call
up each other, which is in direct proportion to the
frequency of their having entered together." In this
important part of their doctrine they seem, whether
unconsciously or otherwise, to have only repeated, and
very much expanded, the opinion of Hobbes.* In its
simplicity it is more agreeable than the system of Mr.
Hume, who admitted five independent laws of associ-
ation ; and it is in comprehension far superior to the
views of the same subject by Mr. Locke, whose ill-
chosen name still retains its place in our nomenclature,
but who only appeals to the principle as explaining
some fancies and whimsies of the human mind. The
capital fault of Hartley is that of a rash generalisation,
which may prove imperfect, and which is at least pre-
mature. All attempts to explain instinct by this
principle have hitherto been unavailing : many of the
most important processes of reasoning have not
hitherto been accounted for by it.f It would appear
by a close examination, that even this theory, simple
as it appears, presupposes many facts relating to the
mind, of which its authors do not seem to have
suspected the existence. How many ultimate facts of
that nature, for' example, are contained and involved
in Aristotle's celebrated comparison of the mind in its
first state to a sheet of unwritten paper ! \ The texture
* Human Nature, chap. iv. v. vi. For more ancient statements,
see Note T,
t " Ce que les logiciens ont dit des raisonnements dans bien
des volumes, me paroit entierement superflu, et de nul usage."
Condillac, i. 115. ; an assertion of which the gross absurdity will
be apparent to the readers of Dr. Whateley's Treatise on Logic,
one of the most important works of the present age.
X See Note U.
OF ETHICAL PHILOSOPHY. 163
of the paper, even its colour, the sort of instrument fit
to act on it, its capacity to receive and to retain im-
pressions, all its differences, from ste«l on the one hand
to water on the other, certainly presuppose some facts,
and may imply many, without a distinct statement of
which, the nature of writing could not be explained
to a person wholly ignorant of it. How many more,
as well as greater laws, may be necessary to enable
mind to perceive outward objects! If the power of
perception may be thus dependent, why may not what
is called the " association of ideas," the attraction be-
tween thoughts, the power of one to suggest another,
be affected by mental laws hitherto unexplored, per-
haps unobserved ?
But, to return from this digression into the intel-
lectual part of man, it becomes proper to say, that
the difference between Hartley and Condillac, and
the immeasurable superiority of the former, are chiefly
to be found in the application which Hartley first
made of the law of association to that other unnamed
portion of our nature with which Morality more im-
mediately deals ; — that which feels pain and pleasure,
— is influenced by appetites and loathings, by desires
and aversions, by affections and repugnances. Con-
dillac's Treatise on Sensation, published five years
after the work of Hartley, reproduces the doctrine of
llobbes, with its root, namely, that love and hope arc
but transformed " sensations *," (by which he means
perceptions of the senses), and its wide-spread branches,
consisting in desires and passions, which are only mo-
difications of self-love. " The words 'goodness' and
' beauty,' " says he, almost in the very words of Hobbes,
" express those qualities of things by which they con-
tribute to our pleasures." f In the whole of his philo-
sophical works, we find no trace of any desire pro-
* Condillac, iii. 21.; more especially Traite des Sensations,
part ii. chap, vi, " Its love for outward objects is only an effect
of love for itself."
f Traite des Sensations, part iv. chap. iii.
31 2
164 DISSERTATION ON THE PROGRESS
duced by association, of any disinterested principle, or
indeed of any distinction between the percipient and
what, perhaps, we may venture to call the emotive
or the pathematic part of human nature, for the
present, until some more convenient and agreeable
name shall be hit on by some luckier or more skilful
adventurer.
To the ingenious, humble, and anxiously conscien-
tious character of Hartley himself, we owe the know-*
ledge that, about the year 1730, he was informed that
the Rev. Mr. Gay of Sidney- Sussex College, Cam-
bridge, then living in the west of England, asserted the
possibility of deducing all our intellectual pleasures
and pains from association ; that this led him (Hartley)
to consider the power of association ; and that about
that time Mr. Gay published his sentiments on this
matter in a dissertation prefixed to Bishop Law's
Translation of King's Origin of Evil.* No writer
deserves the praise of abundant fairness more than
Hartley in this avowal. The dissertation of which he
speaks is mentioned by no philosopher but himself It
suggested nothing apparently to any other reader.
The general texture of it is that of homespun selfish-
ness. The writer had the merit to see and to own
that Hutcheson had established as a fact the reality
of moral sentiments and disinterested affections. He
blames, perhaps justly, that most ingenious man|, for
* Hartley's preface to the Observations on Man. The word
" intellectual " is too narrow. Even " mental " would be of very
doubtful propriety. The theory in its full extent requires a word
such as " inorganic" (if no better can be discovered), extendhig
to all gratification, not distinctly referred to some specific organ,
or at least to some assignable part of the bodily frame.
•f- It has not been mentioned in its proper place, that Hutchesoii
appears nowhere to greater advantage than in some letters on the
Fable of the Bees, published when he was very young, at Dublin,
witli the signature of " Hibernicus." " Private vices — public
benefits," says he, " may signify any one of these five distinct
propositions: 1st. They are in themselves public benefits ; or,
2nd. They naturally produce public happiness ; or, 3rd. They
OF ETHICAL PHILOSOPHY. 165
assuming that these sentiments and affections are im-
planted, and partake of tlie nature of instincts. The
object of his dissertation is to reconcile the mental
appearances described by Hutcheson with the first
principle of the selfish system, that "the true prin-
ciple of all our actions is our own happiness." Moral
feelings and social afl'ections are, according to him,
" resolvable into reason, pointing out our private hap-
piness; and whenever this end is not perceived, they
are to be accounted for from the association of ideas."
Even in the single passage in which he shows a
glimpse of the truth, he begins with confusion, ad-
vances with hesitation, and after holding in his grasp
for an instant the principle which sheds so strong a
light around it, suddenly drops it from his hand.
Instead of receiving the statements of Hutcheson (his
silence relating to Butler is unaccountable) as enlarge-
ments of the science of man, he deals with them
merely as difficulties to be reconciled with the received
system of universal selfishness. In the conclusion of
his fourth section, he well exemplifies the power of
association in forming the love of money, of fame, of
power, &c. ; but he still treats these effects of asso-
ciation as aberrations and infirmities, the fruits of
our forgetfulness and shortsightedness, and not at all
as the great process employed to sow and rear the
most important principles of a social and moral nature.
This precious mine may therefore be truly said to
have been opened by Hartley ; for he who did such
superabundant justice to the hints of Gay, would
assuredly not have withheld the like tribute from
Hutcheson, had he observed the happy expression of
" secondary passions," which ought to have led that
philosopher himself farther than he ventured to ad-
may be made to produce it ; or, 4th. Tliey may naturally flow
from it ; or, 5th. At least they ruay probably flow from it in our
infirm nature." See a small volume containing Thoughts on
Laughter, and Remarks on the Fable of the Bees, Glasgow, 1758,
in which these letters are republished.
M 3
166 DISSERTATION ON THE PROGRESS
vance. The extraordinary value of this part of Hart-
ley's system has been hidden by various causes, which
have also enabled writers, who have borrowed from it,
to decry it. The influence of his medical habits ren-
ders many of his examples displeasing, and sometimes
disgusting. He has none of that knowledge of the
world, of that ftimiliarity with Literature, of that
delicate perception of the beauties of Nature and Art,
which not only supply the most agreeable illustrations
of mental philosophy, but afford the most obvious and
striking instances of its happy application to subjects
generally interesting. His particular applications of
the general law are often mistaken, and are seldom
more than brief notes and hasty suggestions; — the
germs' of theories which, while some might adopt them
without detection, others might discover without being
aware that they were anticipated. To which it may
be added, that in spite of the imposing forms of Geo-
metry, the work is not really distinguished by good
method, or even uniform adherence to that which had
been chosen. His style is entitled to no praise but
that of clearness, and a simplicity of diction, through
which is visible a singular simplicity of mind. No
book perhaps exists which, with so few of the common
allurements, comes at last so much to please by the
picture it presents of the writer's character, — a cha-
racter which kept him pure from the pursuit, often
from the consciousness of novelty, and rendered him
a discoverer in spite of his own modesty. In those
singular passages in which, amidst the profound in-
ternal tranquillity of all the European nations, he
foretells approaching convulsions, to be followed by
the overthrow of states and Churches, his quiet and
gentle spirit, elsewhere almost ready to inculcate pas-
sive obedience for the sake of peace, is supported under
its awful forebodings by the hope of that general pro-
gress in virtue and happiness which he saw through
the preparatory confusion. A meek piety, inclining
towards mysticism, and sometimes indulging in visions
OF ETHICAL PHILOSOPnY. 167
which borrow a lustre from his fervid benevolence,
was beautifully, and perhaps singularly, blended in
him with zeal for the most unbounded freedom of in-
quiry, flowing both from his own conscientious belief
and his unmingled love of Truth. Whoever can so
far subdue his repugnance to petty or secondary faults
as to bestow a careful perusal on the work, must be
unfortunate if he does not see, feel, and own, that the
writer was a great philosopher and a good man.
To those who thus study the work, it will be ap-
parent that Hartley, like other philosophers, either
overlooked or failed explicitly to announce that dis-
tinction between perception and emotion, without
which no system of mental philosophy is complete.
Hence arose the partial and incomplete view of Truth
conveyed by the use of the phrase " association of
ideas." If the word "association," which rather in-
dicates the connection between separate things than
the perfect combination and fusion which occur in
many operations of the mind, must, notwithstanding
its inadequacy, still be retained, the phrase ought at
least to be "association" of thoughts with emotions,
as well as ivith each other. With that enlargement an
objection to the Hartleian doctrine would have been
avoided, and its originality, as well as superiority over
that of Condillac, would have appeared indisputable.
The examples of avarice and other factitious passions
are very well chosen ; first, because few will be found
to suppose that they are original principles of human
nature*; secondly, because the process by whicli they
are generated, being subsequent to the age of attention
and recollection, may be brought home to the under-
standing of all men ; and, thirdly, because they afford
* A vciy ingenious man, Lord Kamcs, whose works had a
great effect in rousing the mind of his contemporaries and countiy-
men, lias indeed fancied tliat there is " a hoarding instinct " in
man and other animals. But such conclusions are not so much
objects of confutation, as ludicrous proofs of the absurdity of the
premises v/hich lead to them.
ai 4
168 DISSERTATION ON THE PROGRESS
the most striking instance of secondary passions,
which not only become independent of the primary
principles from which they are derived, but hostile to
them, and so superior in strength as to be capable of
overpowering their parents. As soon as the mind be-
comes familiar with the frequent case of the man who
first pursued money to purchase pleasure, but at last,
when he becomes a miser, loves his hoard better than
all that it could purchase, and sacrifices all pleasures
for its increase, we are prepared to admit that, by a
like process, the affections, when they are fixed on the
happiness of others as their ultimate object, without
any reflection on self, may not only be perfectly de-
tached from self-regard or private desires, but may
subdue these and every other antagonist passion which
can stand in their way. As the miser loves money for
its own sake, so may the benevolent man delight in
the well-being of his fellows. His good-will becomes
as disinterested as if it had been implanted and un-
derived. The like process applied to what is called
"self-love," or the desire of permanent well-being,
clearly explains the mode in which that principle is
gradually formed from the separate appetites, without
whose previous existence no notion of well-being
could be obtained. In like manner, sympathy, per-
haps itself the result of a transfer of our own personal
feelings by association to other sentient beings, and of
a subsequent transfer of their feelings to our own
minds, engenders the various social affections, which
at last generate in most minds some regard to the well-
being o'f our country, of mankind, of all creatures
capable of pleasure. Rational Self-love controls and
guides those far keener self-regarding passions of
which it is the child, in the same manner as general
benevolence balances and governs the variety of much
warmer social affections from which it springs. It is
an ancient and obstinate error of philosophers to re-
present these two calm principles as being the source
of the impelling passions and affections, instead of
OF ETHICAL PHILOSOPHY. 169
being among the last results of tliem. Each of them
exercises a sort of authority in its sphere ; but the
dominion of neither is co-existent with the whole na-
ture of man. Though they have the power to quicken
and check, they are both too feeble to impel ; and if
the primary principles were extinguished, they would
both perish from want of nourishment. If indeed all
appetites and desires were destroyed, no subject would
exist on which either of these general principles
could act.
The affections, desires, and emotions, having for
their ultimate object the dispositions and actions of
voluntary agents, which alone, from the nature of
their object, are co-extensive with the whole of our
active nature, are, according to the same philosophy,
necessarily formed in every human mind by the
transfer of feeling which is effected by the principle
of Association. Gratitude, pity, resentment, and
shame, seem to be the simplest, the most active, and
the most uniform elements in their composition. It
is easy to perceive how the complacency insj^ired by
a benefit may be transferred to a benefactor, — thence
to all beneficent beings and acts. The well-chosen
instance of the nurse familiarly exemplifies the man-
ner in which the child transfers his complacency
from the gratification of his senses to the cause of it,
and thus learns an affection for her who is the source
of his enjoyment. With this simple process concur,
in the case of a tender nurse, and far more of a
mother, a thousand acts of relief and endearment,
the complacency that results from which is fixed on
the person from whom they flow, and in some degree
extended by association to all who resemble that
person. So much of the pleasure of early life depends
on others, that the like process is almost constantly
repeated. Hence the origin of benevolence may be
understood, and the disposition to approve all bene-
volent, and disapprove all malevolent acts. Hence
also the same approbation and disapprobation are
170 DISSERTATION ON THE PROGRESS
extended to all acts which we clearly perceive to
promote or obstruct the happiness of men. When
the complacency is expressed in action, benevolence
may be said to be transformed into a part of Con-
science. The rise of sympathy may probably be
explained by the process of association, which transfers
the feelings of others to ourselves, and ascribes our
own feelings to others, — at first, and in some degree
always, in proportion as the resemblance of ourselves
to others is complete. The likeness in the outward
signs of emotion is one of the widest channels in this
commerce of hearts. Pity thereby becomes one of
the grand sources of benevolence, and perhaps con-
tributes more largely than gratitude : it is indeed
one of the first motives to the conferring of those
benefits which inspire grateful affection. Sympathy
with the sufferer, therefore, is also transformed into
a real sentiment, directly approving benevolent actions
and dispositions, and more remotely, all actions that
promote happiness. The anger of the sufferer, first
against all causes of pain, afterwards against all
intentional agents who produce it, and finally against
all those in whom the infliction of pain proceeds from
a mischievous disposition, when it is communicated
to others by sympathy, and is so far purified by
gradual separation from selfish and individual interest
as to be equally felt against all wrong-doers, — whether
the wrong be done against ourselves, our friends, or
our enemies, — it is the root out of which springs that
which is commonly and well called a "sense of justice"
— the most indispensable, perhaps, of all the com-
ponent parts of the moral faculties.
This is the main guard against Wrong. It relates
to that portion of Morality where many of the out-
ward acts are capable of being reduced under certain
rules, of which the violations, wherever the rule is
sufiiciently precise, and the mischief sufiiciently great,
may be guarded against by the terror of punishment.
In the observation of the rules of justice consists duty ;
OF ETHICAL PHILOSOPHr. 171
breaches of them we denominate " crimes.''^ An ab-
horrence of crimes, especially of those which indicate
the absence of benevolence, as well as of regard for
justice, is strongly felt; because well-framed penal
laws, beinf]^ the lastino; declaration of the moral indisr-
nation of many generations of mankind, as long as
they remain in unison with the sentiments of the age
and country for which they are destined, exceedingly
strengthen the same feeling in every individual ; and
this they do wherever the laws do not so much deviate
from the habitual feelings of the multitude as to pro-
duce a struggle between law and sentiment, in which it
is hard to say on which side success is most deplorable.
A man who performs his duties may be esteemed, but
is not admired ; because it requires no more than ordi-
nary virtue to act well where it is shameful and dan-
gerous to do otherwise. The righteousness of those
who act solely from such inferior motives, is little
better than that " of the Scribes and Pharisees." Those
only are just in the eye of the moralist who act justly
from a constant disposition to render to every man
his own.* Acts of kindness, of generosity, of pity,
of placability, of humanity, when they are long con-
tinued, can hardly fail mainly to flow from the pure
fountain of an excellent nature. They are not redu-
cible to rules ; and the attempt to enforce them by
punishment would destroy them. They are virtues,
of which the essence consists in a good disposition of
mind.
As we gradually transfer our desire from praise to
praiseworthiness, this principle also is adopted into
consciousness. On the other hand, when we are led
by association to feel a painful contempt for those
feelings and actions of our past self which we despise
* " Justitia est constans et perpctua voluntas suum cuique tri-
Iniendi ; " an excellent definition in the mouth of the Stoical
moralists, from whom it is burrowed, but alt(vgether misplaced by
the Roman jurists in a body of laws which deal only with outward
acts in their relation to the order and interest of society.
172 DISSERTATION ON THE PROGRESS
in others, there is developed in our hearts another
element of that moral sense. It is a remarkable
instance of the power of the law of Association, that
the contempt or abhorrence which we feel for the
bad actions of others may be transferred by it, in any
degree of strength, to our own past actions of the
like kind : and as the hatred of bad actions is trans-
ferred to the agent, the same transfer may occur in our
own case in a manner perfectly similar to that of
which we are conscious in our feelings towards our
fellow-creatures. There are many causes which
render it generally feebler ; but it is perfectly evident
that it requires no more than a sufficient strength of
moral feeling to make it equal ; and that the most
apparently hyperbolical language used by penitents,
in describing their remorse, may be justified by the
principle of Association.
At this step in our progress, it is proper to ob-
serve, that a most important consideration has escaped
Hartley, as well as every other philosopher.* The
language of all mankind implies that the Moral
Faculty, whatever it may be, and from what origin
soever it may spring, is intelligibly and properly
spoken of as One. It is as common in mind, as in
matter, for a compound to have properties not to be
found in any of its constituent parts. The truth of
this proposition is as certain in the human feelings as
in any material combination. It is therefore easily to
be understood, that originally separate feelings may
be so perfectly blended by a process performCvl in
each mind, that they can no longer be disjoined from
each other, but must always co-operate, and thus
reach the only union which we can conceive. The
sentiment of moral approbation, formed by association
out of antecedent affections, may become so perfectly
independent of them, that we are no longer conscious
of the means by which it was formed, and never can
• See supra, section on Butler.
OF ETHICAL PHILOSOPHT. 173
in practice repeat, though we may in theory perceive,
the process by which it was generated. It is in that
mature and sound state of our nature that our emo-
tions at the view of Right and Wrong are ascribed to
Conscience. But why, it may be asked, do these feel-
ings, rather than others, run into each other, and
constitute Conscience ? The answer seems to be what
has already been intimated in the observations on
Butler. The affinity between these feelings consists
in this, that while all other feelings relate to outward
objects, they alone contemplate exclusively the dispo-
sitions and actions of voluntary agents. When they
are completely transferred from objects, and even per-
sons, to dispositions and actions, they are fitted, by
the perfect coincidence of their aim^ for combining to
form that one faculty which is directed only to that
aim.
The words " Duty" and " Virtue," and the word
" ought," which most perfectly denotes duty, but is also
connected with Virtue, in every well-constituted mind,
in this state become the fit language of the acquired,
perhaps, but universally and necessarily acquired,
faculty of Conscience. Some account of its peculiar
nature has been attempted in the remarks on Butler ;
for a further one a fitter occasion will occur here-
after. Some light may however now be thrown on
the subject by a short statement of the hitherto un-
observed distinction between the moral sentiments
and another class of feelings with which they have
some qualities in common. The " pleasures" (so called)
of imagination appear, at least in most cases, to ori-
ginate in association : but it is not till the original
cause of the gratification is obliterated from the mind,
that they acquire their proper character. Order and
proportion may be at first chosen for their conve-
nience : it is not until they are admired for their own
sake that they become objects of taste. Though all
the proportions for which a horse is valued may be
indications of speed, safety, strength, and health, it is
174 DISSERTATION ON THE PROGRESS
not the less true that they only can be said to admire
the animal for his beauty, v»^ho leave such considera-
tions out of the account while they admire. The
pleasure of contemplation in these particulars of
Nature and Art becomes universal and immediate,
being entirely detached from all regard to individual
beings. It contemplates neither use nor interest. In
this important particular the pleasures of imagination
agree with the moral sentiments : hence the applica-
tion of the same language to both in ancient and
modern times ; — hence also it arises that they may
contemplate the very same qualities and objects.
There is certainly much beauty in the softer virtues,
— much grandeur in the soul of a hero or a martyr :
but the essential distinction still remains ; the purest
moral taste contemplates these qualities only with
quiescent delight or reverence ; it has no further view ;
it points towards no action. Conscience, on the con-
trary, containing in it a pleasure in the prospect of
doing right, and an ardent desire to act well, having
for its sole object the dispositions and acts of voluntary
agents, is not, like moral taste, satisfied with passive
contemplation, but constantly tends to act on the will
and conduct of the man. Moral taste may aid it, may
be absorbed into it, and usually contributes its part to
the formation of the moral faculty ; but it is distinct
from that faculty, and may be disproportioned to it.
Conscience, being by its nature confined to mental
dispositions and voluntary acts, is of necessity ex-
cluded from the ordinary consideration of all things
antecedent to these disf>ositions. The circumstances
from which such states of mind may arise, are most
important objects of consideration for the Understand-
ing ; but they are without the sphere of Conscience,
which never ascends beyond the heart of the man. It
is thus that in the eye of Conscience man becomes
amenable to its authority for all his inclinations as
well as deeds ; that some of them are approved, loved,
and revered : and that all the outward eflfects of dis-
OF ETHICAL PHILOSOPHY. 175
esteem, contempt, or moral anger, are felt to be the
just lot of others.
But, to return to Hartley, from this perhaps intru-
sive statement of what does not properly belong to
him : he represents all the social affections of grati-
tude, veneration, and love, inspired by the virtues of
our fellow-men, as capable of being transferred by
association to the transcendent and unmingled good-
ness of the Ruler of the world, and thus to give rise
to piety, to which he gives the name of " the theo-
pathetic affection." This principle, like all the former
in the mental series, is gradually detached from the
trunk on which it grew : it takes separate root, and
may altogether overshadow the parent stock. As
such a Being cannot be conceived without the most
perfect and constant reference to His goodness, so
piety may not only become a part of Conscience, but
its governing and animating principle, which, after
long lending its own energy and authority to every
other, is at last described by our philosopher as swal-
lowing up all of them in order to perform the same
functions more infallibly.
In every stage of this progress we are taught by
Dr. Hartley that a new product appears, which be-
comes perfectly distinct from the elements w^hich
formed it, which may be utterly dissimilar to them,
and may attain any degree of vigour, however su-
perior to theirs. Thus the objects of the private
desires disappear when we are employed in the pur-
suit of our lasting welfore; that which was first sought
only as a means, may come to be pursued as an end,
and preferred to the original end ; the good opinion
of our fellows becomes more valued than the benefits
for which it was at first courted ; a man is ready to
sacrifice his life for him w^ho has shown generosity,
even to others ; and persons otherwise of common
character are capable of cheerfully marching in a
forlorn hope, or of almost instinctively leaping into
the sea to save the life of an entire stranger. These
176 DISSERTATION ON THE PROGRESS
last acts, often of almost unconscious virtue, so fa-
miliar to the soldier and the sailor, so unaccountable
on certain systems of philosophy, often occur without
a thought of applause and reward ; — too quickly for
the thought of the latter, too obscurely for the hope
of the former ; and they are of such a nature that no
man could be impelled to them by the mere expecta-
tion of either.
The gratitude, sympathy, resentment, and shame,
which are the principal constituent parts of the Moral
Sense, thus lose their separate agency, and constitute
an entirely new faculty, co-extensive with all the dis-
positions and actions of voluntary agents ; though
some of them are more predominant in particular
cases of moral sentiment than others, and though the
aid of all continues to be necessary in their original
character, as subordinate but distinct motives of ac-
tion. Nothing more evidently points out the distinc-
tion of the Hartleian system from all systems called
"selfish," — not to say its superiority in respect to dis-
interestedness over all moral systems before Butler
and Hutcheson, — than that excellent part of it which
relates to the " rule of life." The various principles of
human action rise in value according to the order in
which they spring up after each other. We can then
only be in a state of as much enjoyment as we are
evidently capable of attaining, when we prefer interest
to the original gratifications ; honour to interest ; the
pleasures of imagination to those of sense ; the dictates
of Conscience to pleasure, interest, and reputation ;
the well-being of fellow-creatures to our own indul-
gences ; in a word, when we pursue moral good and
social happiness chiefly and for their own sake.
" With self-interest," says Hartley, somewhat inac-
curately in language, " man must begin. He may
end in self-annihilation. Theopathy, or piety, al-
though the last result of the purified and exalted
sentiments, may at length swallow up every other
principle, and absorb the whole man." Even if this
OF ETHICAL PHILOSOPHY. 177
Inst doctrine should be an exaggeration unsuited to
our present condition, it will the more strongly illus-
trate the compatibility, or rather the necessary con-
nection, of this theory with the existence and power
of perfectly disinterested principles of human action.
It is needless to remark on the secondary and
auxiliary causes which contribute to the formation
of moral sentiment ; — education, imitation, general
opinion, laws, and government. They all presuppose
the ]\Ioral Faculty ; in an improved state of society
they contribute powerfully to strengthen it, and on
some occasions they enfeeble, distort, and maim it ;
but in all cases they must themselves be tried by the
test of an ethical standard. The value of this doctrine
will not be essentially affected by supposing a greater
number of original principles than those assumed by
Dr. Hartley. The principle of Association applies as
much to a greater as to a smaller number. It is a
quality common to it with all theories, that the more
simplicity it reaches consistently with truth, the more
perfect it becomes. Causes are not to be multiplied
without necessity. If by a considerable multiplication
of primary desires the law of Association were lowered
nearly to the level of an auxiliary agent, the philo-
sophy of human nature would still be under indelible
obligations to the philosopher who, by his fortunate
error, rendered the importance of that great principle
obvious and conspicuous.
ABRAHAM TUCKER.*
It has been the remarkable fortune of this writer to
have been more prized and more disregarded by the
cultivators of moral speculation, than perhaps any
other philosopher, "f He had many of the qualities
* Born, 1705; died, 1774.
t " I have found in this writer more original thinking and ob-
servation upon the several subjects that he has taken in hand than
VOL. L N
178 DISSERTATION ON THE PROGRESS
which might be expected in an affluent country gen-
tlemen, living in a privacy undisturbed by political
zeal, and with a leisure unbroken by the calls of a
profession, at a time when England had not entirely
renounced her old taste for metaphysical speculation.
He was naturally endowed, not indeed with more
than ordinary acuteness or sensibility, nor with a
high degree of reach and range of mind, but with a
singular capacity for careful observation and original
reflection, and with a fancy perhaps unmatched in
producing various and happy illustration. The most
observable of his moral qualities appear to have been
prudence and cheerfulness, good-nature and easy
temper. The influence of his situation and character
is visible in his writings. Indulging his own tastes
and fancies, like most English squires of his time, he
became, like many of them, a sort of humourist.
Hence much of his originality and independence ;
hence the boldness with which he openly employs
illustrations from homely objects. He wrote to please
himself more than the public. He had too little re-
gard for readers, either to sacrifice his sincerity to
them, or to curb his own prolixity, repetition, and
egotism, from the fear of fatiguing them. Hence he
became as loose, as rambling, and as much an egotist
as Montaigne ; but not so agreeably so, notwithstand-
ing a considerable resemblance of genius ; because he
wrote on subjects where disorder and egotism are un-
seasonable, and for readers whom they disturb instead
of amusing. His prolixity at last so increased itself,
when his work became long, that repetition in the
latter parts partly arose from forgetfulness of the
in any other, — not to say than in all others put together. His
talent also for illustration is unrivalled." — Paley, Preface to
Moral and Political Philosophy. See the excellent preface to an
abridgment, by Mr. Hazlitt, of Tucker's work, published in
London in 1807. May I venture to refer also to my own Dis-
course on the Law of Nature and Nations, London, 1799 ? Mr.
Stewart treats Tucker and Hartley with unwonted harshness.
OF ETHICAL PHILOSOPHY. 179
former ; and though his freedom from slavish defer-
ence to general opinion is very commendable, it must
be owned, that his "want of a wholesome fear of the
public renders the perusal of a work which is ex-
tremely interesting, and even amusing in most of its
parts, on the whole a laborious task. He was by
early education a believer in Christianity, if not by
natural character relijrious. His calm o:ood sense and
accommodating temper led him rather to explain
established doctrines in a manner agreeable to his
philosophy, than to assail them. Hence he was repre-
sented as a time-server by freethinkers, and as a
heretic by the orthodox.* Living in a country where
the secure tranquillity flowing from the Revolution
was gradually drawing forth all mental activity to-
wards practical pursuits and outward objects, he
hastened from the rudiments of mental and moral
philosophy, to those branches of it which touch the
business of men.t Had he recast without chanfjino:
his thoughts, — had he detached those ethical observa-
tions for which he had so peculiar a vocation, from
the disputes of his country and his day, he might
have thrown many of his chapters into their proper
form of essays, and these might have been compared,
though not likened, to those of Hume. But the
country gentleman, philosophic as he was, had too
much fondness for his own humours to engage in a
course of drudgery and deference. It may, however,
be confidently added, on the authority of all those
* This disposition to compromise and accommodation, which
is discoverable in Paley, was cam'ed to its utmost length by
Mr. Hey, a man of much acutencss, Professor of Divinity at
Cambridge.
f Perhaps no philosopher ever stated more justly, more natu-
rally, or more modestly than Tucker, the ruling maxim of his
life. " My thoughts," says he, " have taken a turn from my
earliest youth towards searching into the foundations and measures
of Right and Wrong ; my love for retirement has furnished me
with continual leisure ; and the exercise of my reason has been
my daily employment."
>- 2
180 DISSERTATION ON THE PROGRESS
who have fairly made the experiment, that whoever,
unfettered by a previous system, undertakes the labour
necessary to discover and relish the high excellences
of this metaphysical Montaigne, will find his toil
lightened as he proceeds, by a growing indulgence, if
not partiality, for the foibles of the humourist, and at
last rewarded, in a greater degree perhaps than by
any other writer on mixed and applied philosophy,
by being led to commanding stations and new points
of view, whence the mind of a moralist can hardly
fail to catch some fresh prospects of Nature and duty.
It is in mixed, not in pure philosophy, that his
superiority consists. In the part of his work which
relates to the Intellect, he has adopted much from
Hartley, hiding but aggravating the offence by a
change of technical terms ; and he was ungrateful
enough to countenance the vulgar sneer which in-
volves the mental analysis of that philosopher in the
ridicule to which his physiological hypothesis is liable.*
Thus, for the Hartleian term " association " he substi-
tutes that of " translation," when adopting the same
theory of the principles which move the mind to action.
In the practical and applicable part of that inquiry he
indeed far surpasses Hartley ; and it is little to add,
that he unspeakably exceeds that bare and naked
thinker in the useful as well as admirable faculty of
illustration. In the strictly theoretical part his ex-
position is considerably fuller ; but the defect of his
genius becomes conspicuous when he handles a very
general principle. The very term " translation " ought
to have kept up in his mind a steady conviction that
the secondary motives to action become as inde-
* Light of Nature, vol. ii. chap, xviii., of which the conclusion
may be pointed out as a specimen of perhaps unmatched fruitful-
ness, vivacity, and felicity of illustration. The admirable sense of
the conclusion of chap. xxv. seems to have suggested Paley's
good chapter on Happiness. The alteration of Plato's comparison
of Reason to a charioteer, and the passions to the horses, in
chap, xxvi., is of characteristic and transcendent excellence.
OF ETHICAL PHILOSOPHY. 181
pendent, and seek their own objects as exclusively, as
the primary principles. His own examples are rich in
proofs of this important truth. But there is a slippery
descent in the theory of human nature, by which
he, like most of his forerunners, slid unawares into
Selfishness. He was not preserved from this fall by
seeing that all the deliberate principles which have
self for their object are themselves of secondary form-
ation; and he was led into the general error by the
notion that pleasure, or, as he calls it, "satisfaction,"
was the original and sole object of all appetites and
desires; — confounding this with the true, but very dif-
ferent proposition, that the attainment of all the ob-
jects of appetite and desire is productive of pleasure.
He did not see that, without presupposing desires, the
word " pleasure " would have no signification ; and
that the representations by which he was seduced
would leave only one appetite or desire in human
nature. He had no adequate and constant conception,
that the translation of desire from being the end to
be the means occasioned the formation of a new pas-
sion, which is perfectly distinct from, and altogether
independent of, the original desire. Too frequently
(for he was neither obstinate nor uniform in error) he
considered these translations as accidental defects in
human nature, not as the appointed means of supply-
ing it with its variety of active principles. He was
too apt to speak as if the selfish elements were not
destroyed in the new combination, but remained still
capable of being recalled, when convenient, like the
links in a chain of reasoning, which we pass over
from forgetfulness, or for brevity. Take him all in
all, however, the neglect of his writings is the strongest
proof of the disinclination of the English nation, for
the last half century, to metaphysical philosophy.*
* Much of Tucker's chapter on Pleasure, and of Paley's on
Happiness (both of vhich are invaluable), is contained in the
N 3
182 DISSERTATION ON THE PROGRESS
WILLIAM PALET.*
This excellent writer, who, after Clarke and Butler,
ought to be ranked among the brightest ornaments of
the English Church in the eighteenth century, is, in
the history of philosophy, naturally placed after Tucker,
to whom, with praiseworthy liberality, he owns his
extensive obligations. It is a mistake to suppose that
he owed his system to Hume, — a thinker too refined,
and a writer perhaps too elegant, to have naturally
attracted him. A coincidence in the principle of
Utility, common to both with so many other philo-
sophers, affords no sufficient ground for the supposi-
tion. Had he been habitually influenced by Mr. Hume,
who has translated so many of the dark and crabbed
passages of Butler into his own transparent and beau-
tiful language, it is not possible to suppose that such
a mind as that of Paley would have fallen into those
principles of gross selfishness of which Mr. Hume is a
uniform and zealous antagonist.
The natural frame of Paley's understanding fitted
it more for business and the world than for philosophy ;
and he accordingly enjoyed with considerable relish
the few opportunities which the latter part of his life
afforded of taking a part in the affairs of his county
as a magistrate. Penetration and shrewdness, firm-
passage of the Traveller, of which the following couplet expresses
the main object:
" Unknown to them when sensual pleasures cloy,
" To fiU the languid pause with finer joy."
" An honest man," says Mr. Hume (Inquiry concerning
Morals, § ix.), " has the frequent satisfaction of seeing knaves
betrayed by their own maxims." " I used often to laugh at your
honest simple neighbour Flamborough, and one way or another
generally cheated him once a year : yet still the honest man went
forward without suspicion, and grew rich, while I still continued
tricksy and cunning, and was poor, without the consolation of
being honest." Vicar of Wakefield, chap. xxvi.
* Bom, 1743; died, 1805.
OF ETHICAL PHILOSOPHY. 183
ness and coolness, a vein of pleasantry, fruitful though
somewhat unrefined, with an original homeliness and
significancj of expression, were perhaps more remark-
able in his conversation, than the restraints of author-
ship and profession allowed them to be in his Avritings.
Grateful remembrance brings this assemblage of qua-
lities with unfaded colours before the mind at the
present moment, after the long interval of twenty-
eight years. His taste for the common business and
ordinary amusements of life fortunately gave a zest to
the company which his neighbours chanced to yield,
without rendering him insensible to the pleasures of
intercourse with more enlightened society. The prac-
tical bent of his nature is visible in the language of
his writings, which, on practical matters, is as precise
as the nature of the subject requires, but, in his rare
and reluctant efforts to rise to first principles, become
indeterminate and unsatisfactory ; though no man's
composition was more free from the impediments which
hinder a man's meaning from being quickly and clearly
seen. He seldom distinguishes more exactly than is
required for palpable and direct usefulness. He pos-
sessed that chastised acuteness of discrimination, exer-
cised on the affairs of men, and habitually looking to
a purpose beyond the mere increase of knowledge,
which forms the character of a lawyer's understanding,
and which is apt to render a mere lawyer too subtile
for the management of affairs, and yet too gross for
the pursuit of general truth. His style is as near per-
fection in its kind as any in our language. Perhaps
no words were ever more expressive and illustrative
than those in which he represents the art of life to be
that of rightly " setting our habits."
The most original and ingenious of his writings is
the Horae Paulinse. The Evidences of Christianity
are formed out of an admirable translation of Butler's
Analogy, and a most skilful abridgment of Lardner's
Credibility of the Gospel History. He may be said
to have thus given value to two works, of which
N 4
184 DISSERTATION ON THE PROGRESS
the first was scarcely intelligible to the majority of
those who were most desirous of profiting by it ; while
the second soon wearies out the larger part of readers,
though the more patient few have almost always been
gradually won over to feel pleasure in a display of
knowledge, probity, charity, and meekness, unmatched
by any other avowed advocate in a case deeply in-
teresting his warmest feelings. His Natural Theology
is the wonderful work of a man who, after sixty, had
studied Anatomy in order to write it ; and it could
only have been surpassed by one who, to great origi-
nality of conception and clearness of exposition, adds
the advantage of a high place in the first class of
physiologists.*
It would be unreasonable here to say much of a
work which is in the hands of so many as his Moral
and Political Philosophy. A very few remarks on
one or two parts of it may be sufiicient to estimate
his value as a moralist, and to show his defects as a
metaphysician. His general account of Virtue may
indeed be chosen for both purposes. The manner in
which he deduces the necessary tendency of all vir-
tuous actions to promote general happiness, from the
goodness of the Divine Lawgiver (though the prin-
ciple be not, as has already more than once appeared,
peculiar to him. but rather common to most religious
philosophers), is characterised by a clearness and
vigour which have never been surpassed. It is indeed
nearly, if not entirely, an identical proposition, that a
Being of unmixed benevolence will prescribe those
laws only to His creatures which contribute to their
well-beinof. When we are convinced that a course of
conduct is generally beneficial to all men, we cannot
help considering it as acceptable to a benevolent
Deity. The usefulness of actions is the mark set on
them by the Supreme Legislator, by which reasonable
* See Animal Mechanics, by Mr. Charles Bell, published by
the Society for the Diffusion of Useful Knowledge.
OF ETHICAL PHILOSOPHY. 185
beings discover it to be His will that such actions
should be done. In this apparently unanswerable
deduction it is partly admitted, and universally im-
plied, that the principles of Right and Wrong may be
treated apart from the manifestation of them in the
Scriptures. If it were otherwise, how could men of
perfectly different religions deal or reason with each
other on moral subjects ? How could they regard
rights and duties as subsisting between them? To
what common principles could they appeal in their
differences ? Even the Polytheists themselves, those
worshippers of
Gods partial, changeful, passionate, unjust,
Whose attributes are rage, revenge, or lust,*
by a happy inconsistency are compelled, however ir-
regularly and imperfectly, to ascribe some general
enforcement of the moral code to their divinities. If
there were no foundation for Morality antecedent to
Revealed Religion, we should want that important test
of the conformity of a revelation to pure morality, by
which its claim to a divine origin is to be tried. The
internal evidence of Religion necessarily presupposes
such a standard. The Christian contrasts the pre-
cepts of the Koran with the pure and benevolent
morality of the Gospel. The Mahometan claims, with
justice, a superiority over the Hindoo, inasmuch as
the Mussulman religion inculcates the moral perfec-
tion of one Supreme Ruler of the world. The cere-
monial and exclusive character of Judaism has ever
been regarded as an indication that it was intended
to pave the way for an universal religion, a morality
seated in the heart, and a worship of sublime sim-
plicity. These discussions would be impossible, unless
Morality were previously proved or granted to exist.
Though the science of Ethics is thus far independent,
it by no means follows that there is any equality, or
* Essay on Man, Ep, iii.
186 DISSERTATION ON THE PROGRESS
that there may not be the utmost inequality, in the
moral tendency of religious systems. The most ample
scope is still left for the zeal and activity of those who
seek to spread important truth. But it is absolutely
essential to ethical science that it should contain prin-
ciples, the authority of which must be recognised by
men of every conceivable variety of religious opinion.
The peculiarities of Paley's mind are discoverable
in the comparison, or rather contrast, between the
practical chapter on Happiness, and the philosophical
portion of the chapter on Virtue. "Virtue is the
doing good to mankind, in obedience to the will of
God, and for the sake of everlasting happiness."* It
is not perhaps very important to observe, that these
words, which he offers as a " definition," ought in pro-
priety to have been called a "proposition;" but it is
much more necessary co say that they contain a false
account of Virtue. According to this doctrine, every
action not done for the sake of the agent's happiness
is vicious. Now, it is plain that an act cannot be said
to be done for the sake of any thing which is not pre-
sent to the mind of the agent at the moment of action :
it is a contradiction in terms to affirm that a man acts
for the sake of any object, of which, however it may
be the necessary consequence of his act, he is not at
the time fully aware. The unfelt consequences of his
act can no more influence his will than its unknown
consequences. Nay, further, a man is only with any
propriety said to act for the sake of his chief object ;
nor can he with entire correctness be said to act for
the sake of any thing but his sole object. So that it
is a necessary consequence of Paley's proposition, that
every act which flows from generosity or benevolence
is a vice ; — so also is every act of obedience to the
will of God, if it arises from any motive but a desire
of the reward which He will bestow. Any act of
obedience influenced by gratitude, and affection, and
. * Book L chap. viL
OF ETHICAL PHILOSOPHY. 187
veneration towards Supreme Benevolence and Per-
fection, is so far imperfect ; and if it arises solely from
these motives it becomes a vice. It must be owned,
that this excellent and most enlightened man has
laid the foundations of Religion and Virtue in a more
intense and exclusive selfishness than was avowed by
the Catholic enemies of Fenelon, when they perse-
cuted him for his doctrine of a pure and disinterested
love of God.
In another province, of a very subordinate kind,
the disposition of Paley to limit his principles to his
own time and country, and to look at them merely as
fiir as they are calculated to amend prevalent vices
and errors, betrayed him into narrow and false views.
His chapter on what he calls the " Law of Honour "
is unjust, even in its own small sphere, because it sup-
poses Honour to allow what it does not forbid ; though
the truth be, that the vices enumerated by him are
only not forbidden by Honour, because they are not
within its jurisdiction. He considers it as "a system
of rules constructed by people of fiishion;" — a con-
fused and transient mode of expression, which may
be understood with difficulty by our posterity, and
which cannot now be exactly rendered perhaps in
any other language. The subject, however, thus nar-
rowed and lowered, is neither unimportant in practice,
nor unworthy of the consideration of the moral phi-
losopher. Though all mankind honour Virtue and
despise Vice, the degree of respect or contempt is
often far from being proportioned to the place which
virtues and vices occupy in a just system of Ethics.
Wherever higher honour is bestoAved on one moral
quality than on others of equal or greater moral value,
what is called a ^^ point of honour^^ maybe said to exist.
It is singular that so shrewd an observer as Paley
should not have observed a law of honour far more
permanent than that which attracted his notice, in
the feelings of Europe respecting the conduct of men
and women. Cowai^dice is not so immoral as cruelty,
188 DISSERTATION ON THE PROGRESS
nor indeed so detestable ; but it is more despicable
and disgraceful : the female point of honour forbids
indeed a great vice, but one not so great as many-
others by which it is not violated. It is easy enough
to see, that where we are strongly prompted to a
virtue by a natural impulse, we love the man who is
constantly actuated by the amiable sentiment ; but we
do not consider that which is done without difficulty
as requiring or deserving admiration and distinction.
The kind affections are their own rich reward, and
they are the object of affection to others. To en-
courage kindness by praise would be to insult it, and
to encourage hypocrisy. It is for the conquest of
fear, it would be still more for the conquest of resent-
ment,— if that were not, wherever it is real, the cessa-
tion of a state of mental agony, — that the applause of
mankind is reserved. Observations of a similar na-
ture will easily occur to every reader respecting the
point of honour in the other sex. The conquest of
natural frailties, especially in a case of far more im-
portance to mankind than is at first sight obvious, is
well distinguished as an object of honour, and the
contrary vice is punished by shame. Honour is not
wasted on those who abstain from acts which are
punished by the law. These acts may be avoided
without a pure motive. Wherever a virtue is easily
cultivable by good men ; wherever it is by nature
attended by delight ; wherever its outward observance
is so necessary to society as to be enforced by punish-
ment, it is not the proper object of honour. Honour
and shame, therefore, may be reasonably dispensed,
without being strictly proportioned to the intrinsic
morality of actions, if the inequality of their distri-
bution contributes to the general equipoise of the
whole moral system. A wide disproportion, however,
or indeed any disproportion not justifiable on moral
grounds, would be a depravation of the moral prin-
ciple. Duelling is among us a disputed case, though
the improvement of manners has rendered it so much
OF ETHICAL PHILOSOPHY. 189
more infrequent, that it is likely in time to lose its
support from opinion. Those who excuse individuals
for yielding to a false point of honour, as in the
suicides of the Greeks and Romans, may consistently
blame the faulty principle, and rejoice in its destruc-
tion. The shame fixed on a Hindoo widow of rank
who voluntarily survives her husband, is regarded by
aU other nations with horror.
There is room for great praise and some blame in
other parts of Paley's work. His political opinions
were those generally adopted by moderate Whigs in
his own age. His language on the Revolution of
1688 may be very advantageously compared, both in
precision and in generous boldness *, to that of Black-
stone, — a great master of classical and harmonious
composition, but a feeble reasoner and a confused
thinker, whose writings are not exempt from the
charge of slavishness.
It cannot be denied that Paley was sometimes
rather a lax moralist, especially on public duties. It
is a sin which easily besets men of strong good sense,
little enthusiasm, and much experience. They are
naturally led to lower their precepts to the level of
their expectations. They see that higher pretensions
often produce less good, — to say nothing of the hypo-
crisy, extravagance, and turbulence, which they may
be said to foster. As those who claim more from
men often gain less, it is natural for more sober and
milder casuists to present a more accessible Virtue to
their followers. It was thus that the Jesuits began,
* " Government may he too secure. The greatest tyrants have
been those whose titles were the most unquestioned. Whenever,
therefore, the opinion of right becomes too predominant and
superstitious, it is abated by breaking the custom. Thus the Revo-
lution Vjroke the custom of succession, and thereby moderated,
both in the prince and in the people, those lofty notions of
hereditary right, which in the one were become a continual in-
centive to tyranny, and disposed the other to invite servitude, by
undue compliances and dangerous concessions." — Book vi. chap. 2.
190 DISSERTATION ON THE PROGRESS
till, strongly tempted by their perilous station as the
moral guides of the powerful, some of them by de-
grees fell into that absolute licentiousness for which
all, not without injustice, have been cruelly immor-
talised by Pascal. Indulgence which is a great virtue
in judgment concerning the actions of others, is too
apt, when blended in the same system with the pre-
cepts of Morality, to be received as a licence for our
own offences. Accommodation, without which society
would be painful, and arduous aifairs would become
impracticable, is more safely imbibed from temper
and experience, than taught in early and systematic
instruction. The middle region between laxity and
rigour is hard to be defined ; and it is still harder
steadily to remain within its boundaries. Whatever
may be thought of Paley's observations on political
influence and ecclesiastical subscription to tests, as
temperaments and mitigations which may preserve us
from harsh judgment, they are assuredly not well
qualified to form a part of that discipline which ought
to breathe into the opening souls of youth, at the
critical period of the formation of character, those
inestimable virtues of sincerity, of integrity, of inde-
pendence, which will even guide them more safely
through life than will mere prudence ; while they
provide an inward fountain of pure delight, immea-
surably more abundant than all the outward sources
of precarious and perishable pleasure.
JEREMY BENTHAM.*
The general scheme of this Dissertation would be
a sufficient reason for omitting the name of a living
writer. The devoted attachment and invincible re-
pugnance which an impartial estimate of Mr. Bentham
has to encounter on either side, are a strong induce-
ment not to deviate from that scheme in his case.
* Born, 1748; died, 1832.— Ed.
OF ETHICAL PHILOSOPHT. 191
But the most brief sketch of ethical controversy in
England would be imperfect without it ; and perhaps
the utter hopelessness of finding any expedient for
satisfying his followers, or softening his opponents,
may enable a writer to look steadily and solely at
what he believes to be the dictates of Truth and
Justice. He who has spoken of former philosophers
with unreserved freedom, ought perhaps to subject his
courage and honesty to the severest test by an attempt
to characterise such a contemporary. Should the
very few who are at once enlightened and unbiassed
be of opinion that his firmness and equity have stood
this trial, they will be the more disposed to trust his
fairness where the exercise of that quality may have
been more easy.
The disciples of Mr. Bentham are more like the
hearers of an Athenian philosopher than the pupils of
a modern professor, or the cool proselytes of a modern
writer. They are in general men of competent age,
of superior understanding, who voluntarily embrace
the laborious study of useful and noble sciences ; who
derive their opinions, not so much from the cold
perusal of his writings, as from familiar converse
with a master from whose lips these opinions are
recommended by simplicity, disinterestedness, origi-
nality, and vivacity, — aided rather than impeded by
foibles not unamiable, — enforced of late by the grow-
ing authority of years and of fame, and at all times
strengthened by that undoubting reliance on his own
judgment which mightily increases the ascendant of
such a man over those who approach him. As he
and they deserve the credit of braving vulgar pre-
judices, so they must be content to incur the imputa-
tion of falling into the neighbouring vices of seeking
distinction by singularity, — of clinging to opinions,
because they are obnoxious, — of wantonly wounding
the most respectable feelings of mankind, — of regard-
ing an immense display of method and nomenclature
as a sure token of a corresponding increase of know-
192 DISSERTATION ON THE PROGRESS
ledge, — and of considering themselves as a chosen
few, whom an initiation into the most secret mysteries
of Philosophy entitles to look down with pity, if not
contempt, on the profane multitude. Viewed with
aversion or dread by the public, they become more
bound to each other and to their master ; while they
are provoked into the use of language which more
and more exasperates opposition to them. A hermit
in the greatest of cities, seeing only his disciples, and
indignant that systems of government and law which
he believes to be perfect, are disregarded at once by
the many and the powerful, Mr. Bentham has at length
been betrayed into the most unphilosophical hypo-
thesis, that all the ruling bodies who guide the com-
munity have conspired to stifle and defeat his dis-
coveries. He is too little acquainted with doubts to
believe the honest doubts of others, and he is too
angry to make allowance for their prejudices and
habits. He has embraced the most extreme party in
practical politics; — manifesting more dislike and
contempt towards those who are moderate supporters
of popular principles than towards their most in-
flexible opponents. To the unpopularity of his philo-
sophical and political doctrines he has added the more
general and lasting obloquy due to the unseemly treat-
ment of doctrines and principles which, if there were
DO other motives for reverential deference, ought, from
a regard to the feelings of the best men, to be
approached with decorum and respect.
Fifty-three years have passed since the publication
of Mr. Bentham's first work, A Fragment on Govern-
ment, — a considerable octavo volume, employed in
the examination of a short paragraph of Blackstone,
unmatched in acute hypercriticism, but conducted
with a severity which leads to an unjust estimate of
the writer criticised, till the like experiment be re-
peated on other writings. It was a waste of extra-
ordinary power to employ it in pointing out flaws
and patches in the robe occasionally stolen from the
OF ETHICAL PHILOSOPHY. 193
philosophical schools, which hung loosely, and not
unbecomingly, on the elegant commentator. This
volume, and especially the preface, abounds in fine,
original, and just observation ; it contains the germs
of most of his subsequent productions, and it is an
early example of that disregard for the method, pro-
portions, and occasion of a writing which, with all
common readers, deeply affects its power of interest-
ing or instructing. Two years after, he published a
most excellent tract on the Hard Labour Bill, which,
concurring with the spirit excited by Howard's in-
quiries, laid the foundation of just reasoning on refor-
matory punishment. The Letters on Usury* are
perhaps the best specimen of the exhaustive discussion
of a moral or political question, leaving no objection,
however feeble, unanswered, and no difficulty, how-
ever small, unexplained ; — remarkable also, as they
are, for the clearness and spirit of the style, for the
full exposition which suits them to all intelligent
* They were addressed to ^Ir. George Wilson, who retired from
the English bar to his native country, and died at Edinburgh in
1816 ; — an early friend of Mr. Bentham, and afterwards an inti-
mate one of Lord EUenborough, of Sir Vicary Gibbs, and of all
the most eminent of his professional contemporaries. The recti-
tude of judgment, purity of heart, elevation of honour, the stern-
ness only in integrity, the scorn of baseness, and indulgence
towards weakness, which were joined in him with a gravity ex-
clusive neither of feeling nor of pleasantry, contributed still more
than his abilities and attainments of various sorts, to a moral
authority with his friends, and in his profession, which few men
more amply possessed, or more usefully exercised. The same
character, somewhat softened, and the same influence, distin-
guished his closest friend, the late Mr. Lens. Both were inflexible
and incorruptible friends of civil and religious liberty, and both
knew how to reconcile the warmest zeal for that sacred cause,
with a charity towards their opponents, which partisan.s, often
more violent than steady, treated as lukewarm. The present
writer hopes that the good-natured reader will excuse him for
having thus, perhaps unseasonably, bestowed heartfelt commend-
ation on those who were above the pursuit of praise, and the
remcml)rance of whose good opinion and good-will help to sup-
port him under a deep sense of faults and vices.
VOL. I. O
194 DISSERTATION ON THE PROGRESS
readers, and for the tender and skilful hand with
which prejudice is touched. The urbanity of the
apology for projectors, addressed to Dr. Smith, whose
temper and manner the author seems for a time to
have imbibed, is admirable.
The Introduction to the Principles of Morals and
Politics, printed before the Letters, but published
after them, was the first sketch of his system, and is
still the only account of it by himself The great
merit of this work, and of his other writings in rela-
tion to Jurisprudence properly so called, is not within
our present scope. To the Roman jurists belongs the
praise of having allotted a separate portion of their
Digest to the signification of the words of the most
frequent use in law and legal discussion.* Mr. Ben-
tham not only first perceived and taught the great
value of an introductory section, composed of defini-
tions of general terms, as subservient to brevity and
precision in every part of a code ; but he also dis-
covered the unspeakable importance of natural
arrangement in Jurisprudence, by rendering the mere
place of a proposed law in such an arrangement a
short and easy test of the fitness of the proposal.^
But here he does not distinguish between the value
* Digest, lib. i. tit. 16. De Verborum Significatione.
t See a beautiful article on Codification, in the Edinburgh
Review, vol. xxix. p. 217. It need no longer be concealed that it
was contributed by Sir Samuel Romilly, The steadiness with
which he held the balance in weighing the merits of his friend
against his unfortunate defects, is an example of his union of the
most commanding moral principle with a sensibility so warm, that,
if it had been released from that stern authority, it would not so
long have endured the coarseness and roughness of human con-
cerns. From the tenderness of his feelings, and from an anger
never roused but by cruelty and baseness, as much as from his
genius and his pure taste, sprung that original and characteristic
eloquence, which was the hope of the afflicted as well as the terror
of the oppressor. If his oratory had not flowed so largely from
this moral source, which years do not dry up, he would not per-
haps have been the only example of an orator who, after the age
of sixty, daily increased in polish, in vigour, and in splendour.
OF ETHICAL PHILOSOPHY. 195
of arrangement as scaffolding, and the inferior con-
venience of its being the very frame-work of the
structure. He, indeed, is much more remarkable for
laying down desirable rules for the determination of
rights, and the punishment of wrongs, in general,
than for weighing the various circumstances which
require them to be modified in different countries
and times, in order to render them either more useful,
more easily introduced, more generally respected, or
more certainly executed. The art of legislation con-
sists in thus applying the principles of Jurisprudence
to the situation, wants, interests, feelings, opinions,
and habits, of each distinct community at any given
time. It bears the same relation to Jurisprudence
which the mechanical arts bear to pure Mathematics.
Many of these considerations serve to show, that
the sudden establishment of new codes can seldom
be practicable or effectual for their purpose ; and
that reformations, though founded on the principles
of Jurisprudence, ought to be not only adapted to
the peculiar interests of a people, but engrafted on
their previous usages, and brought into harmony with
those national dispositions on which the execution of
laws depends.* The Romans, under Justinian, adopted
at least the true principle, if they did not apply it
with sufficient freedom and boldness. They con-
sidered the multitude of occasional laws, and the still
greater mass of usages, opinions, and determinations,
as the materials of legislation, not precluding, but
demanding a systematic arrangement of the whole by
the supreme authority. Had the arrangement been
more scientific, had there been a bolder examination
and a more free reform of many particular branches,
a model would have been offered for liberal imitation
* An excellent medium between those who absolutely require
new codes, and those who obstinately adhere to ancient usages,
has been pointed out by M. Meyer, in his most justly celebrated
work, Esprit, &c. des Institutions Judiciaires des Principaux Pays
I'Europe, La Have, 1819, tome i. Introduction, p. 8.
o 2
196 DISSERTATION ON THE PROGRESS
by modern lawgivers. It cannot be denied, without
injustice and ingratitude, that Mr. Bentham has done
more than any other writer to rouse the spirit of
juridical reformation, which is now gradually exa-
mining every part of law, and which, when further
progress is facilitated by digesting the present laws,
will doubtless proceed to the improvement of all.
Greater praise it is given to few to earn : it ought to
satisfy him for the disappointment of hopes which
were not reasonable, that Russia should receive a code
from him, or that North America could be brought to
renounce the variety of her laws and institutions, on
the single authority of a foreign philosopher, whose
opinions had not worked their way, either into legis-
lation or into general reception, in his own country.
It ought also to dispose his followers to do fuller jus-
tice to the Romillys and Broughams, without whose
prudence and energy, as well as reason and eloquence,
the best plans of reformation must have continued a
dead letter ; — for whose sake it might have been fit
to reconsider the obloquy heaped on their profession,
and to show more general indulgence to all those whose
chief offence seems to consist in their doubts whether
sudden changes, almost always imposed by violence on a
community, be the surest road to lasting improvement.
It is unfortunate that ethical theory, with which
we are now chiefly concerned, is not the province in
which Mr. Bentham has reached the most desirable
distinction. It may be remarked, both in ancient and
in modern times, that whatever modifications prudent
followers may introduce into the system of an inno-
vator, the principles of the master continue to mould
the habitual dispositions, and to influence the practical
tendency of the school. Mr. Bentham preaches the
principle of Utility with the zeal of a discoverer.
Occupied more in reflection than in reading, he knew
not, or forgot, how often it had been the basis, and
how generally an essential part, of all moral systems.*
* See Note V.
OF ETHICAL PHILOSOPHY. 197
That in which he reallj differs from others, is in the
Necessity which he teaches, and the example which
he sets, of constantly bringing that principle before
us. This peculiarity appears to us to be his radical
error. In an attempt, of which the constitution of
human nature forbids the success, he seems to us to
have been led into fundamental errors in moral theory,
and to have given to his practical doctrine a dan-
gerous direction.
The confusion of moral approbation with the moral
qualities which are its objects, common to Mr. Ben-
tham with many other philosophers, is much more
uniform and prominent in him than in most others.
This general error, already mentioned at the opening
of this Dissertation, has led him more than others to
assume, that because the principle of Utility forms a
necessary part of every moral theory, it ought there-
fore to be the chief motive of human conduct. Now
it is evident that this assumption, rather tacitly than
avowedly made, is wholly gratuitous. No practical
conclusion can be deduced from the principle, but
that we ought to cultivate those habitual dispositions
which are the most effectual motives to useful actions.
But before a regard to our own interest, or a desire
to promote the welfare of men in general, be allowed
to be the exclusive, or even the chief regulators of
human conduct, it must be shown that they are the
most effectual motives to such useful actions : it is
demonstrated by experience that they are not. It is
even owned by the most ingenious writers of Mr.
Bentham's school, that desires which are pointed to
general and distant objects, although they have their
proper place and their due value, are commonly very
faint and ineffectual inducements to action. A theory
founded on Utility, therefore, requires that we should
cultivate, as excitements to practice, those other ha-
bitual dispositions which we know by experience to
be generally the source of actions beneficial to our-
selves and our fellows; — habits of feeling productive
o 3
198 DISSERTATION ON THE PROGRESS
of habits of virtuous conduct, and in their turn
strengthened by the re-action of these last. What is
the result of experience on the choice of the objects
of moral culture ? Beyond all dispute, that we should
labour to attain that state of mind in which all the
social affections are felt with the utmost warmth,
giving birth to more comprehensive benevolence, but
not supplanted by it ; — when the Moral Sentiments
most strongly approve what is right and good, with-
out being perplexed by a calculation of consequences,
though not incapable of being gradually rectified by
Reason, whenever they are decisively proved by ex-
perience not to correspond in some of their parts to
the universal and perpetual effects of conduct. It is
a false representation of human nature to affirm that
"courage" is only "prudence."* They coincide in
their effects, and it is always prudent to be courageous :
but a man who fights because he thinks it more
hazardous to yield, is not brave. He does not become
brave till he feels cowardice to be base and painful,
and till he is no longer in need of any aid from pru-
dence. Even if it were the interest of every man to
be bold, it is clear that so cold a consideration cannot
prevail over the fear of danger. Where it seems to
do so, it must be by the unseen power either of the
fear of shame, or of some other powerful passion, to
which it lends its name. It was long ago with strik-
ing justice observed by Aristotle, that he who abstains
from present gratification, under a distinct apprehen-
sion of its painful consequences, is only 'prudent, and
that he must acquire a disrelish for excess on its own
account, before he deserves the name of a temperate
* Mill, Analysis of the Human Mind, vol. ii. p. 237. It would
be unjust not to say that this book, partly perhaps from a larger
adoption of the principles of Hartley, holds out fairer opportunities
of negotiation with natural feelings and the doctrines of former
philosophers, than any other production of the same school. But
this very assertion about courage clearly shows at least a forget-
fulness that courage, even if it were the offspring of pnidence,
would not for that reason be a species of it.
OF ETHICAL PHILOSOPHY. 199
man. It is only when the means are firmly and un-
alterably converted into ends, that the process of
forming the mind is completed. Courage may then
seek, instead of avoiding danger : Temperance may
prefer abstemiousness to indulgence : Prudence itself
may choose an orderly government of conduct, accord-
ing to certain rules, without regard to the degree in
which it promotes welfare. Benevolence must desire
the happiness of others, to the exclusion of the con-
sideration how far it is connected with that of the
benevolent agent ; and those alone can be accounted
just who obey the dictates of Justice from having
thoroughly learned an habitual veneration for her
strict rules and for her larger precepts. In that com-
plete state the mind possesses no power of dissolving
the combinations of thought and feeling which impel
it to action. Nothing in this argument turns on the
difference between implanted and acquired principles.
As no man can cease, by any act of his, to see distance,
though the power of seeing it be universally acknow-
ledged to be an acquisition, so no man has the power
to extinguish the affections and the moral sentiments
(however much they may be thought to be acquired,)
any more than that of eradicating the bodily appetites.
The best writers of Mr. Bentham's school overlook
the indissolubility of these associations, and appear not
to bear in mind that their strength and rapid action
constitute the perfect state of a moral agent.
The pursuit of our own general welfare, or of that
of mankind at large, though from their vagueness
and coldness they are unfit habitual motives and un-
safe ordinary guides of conduct, yet perform functions
of essential importance in the moral system. The
former, which we call " self-love," preserves the balance
of all the active principles which regard ourselves
ultimately, and contributes to subject them to the
authority of the moral principles.* The latter, which
• See N'ote W.
o 4
200 DISSERTATION ON THE PROGRESS
is general benevolence, regulates in like manner the
equif)oise of the narrower affections, — quickens the
languid, and checks the encroaching, — borrows
strength from pity, and even from indignation, — re-
ceives some compensation, as it enlarges, in the addi-
tion of beauty and grandeur, for the weakness which
arises from dispersion, — enables us to look on all men
as brethren, and overflows on every sentient being.
The general interest of mankind, in truth, almost
solely affects us through the affections of benevolence
and sympathy ; for the coincidence of general with
individual interest, — even where it is certain, — is
too dimly seen to produce any emotion which can
impel to, or restrain from, action. As a general truth,
its value consists in its completing the triumph of
Morality, by demonstrating the absolute impossibility
of forming any theory of human nature which does
not preserve the superiority of Virtue over Vice ; — a
great, though not directly practical advantage.
The followers of Mr. Bentham have carried to an
unusual extent the prevalent fault of the more modern
advocates of Utility, who have dwelt so exclusively
on the outward advantages of Virtue as to have lost
sight of the delight which is a part of virtuous feeling,
and of the beneficial influence of good actions upon
the frame of the mind. " Benevolence towards
others," says Mr. Mill, " produces a return of bene-
volence from them." The fact is true, and ought
to be stated : but how unimportant is it in comparison
with that which is passed over in silence, — the plea-
sure of the affection itself, which, if it could become
lasting and intense, would convert the heart into a
heaven ! No one who has ever felt kindness, if he
could accurately recall his feelings, could hesitate
about their infinite superiority. The cause of the
general neglect of this consideration is, that it is only
when a gratification is something distinct from a state
of mind, that we can easily learn to consider it as a
pleasure. Hence the great error respecting the affec-
OF ETHICAL PHILOSOPHY. 201
tions, where the inherent delight is not duly estimated,
on account of that very peculiarity of its being a part
of a state of mind which renders it unspeakably more
valuable as independent of every thing without. The
social affections are the only principles of human
nature which have no direct pains : to have any of
these desires is to be in a state of happiness. The
malevolent passions have properly no pleasures ; for
that attainment of their purpose which is improperly
so called, consists only in healing or assuaging the
torture which envy, jealousy, and malice, inflict on
the malignant mind. It might with as much pro-
priety be said that the toothache and the stone have
pleasures, because their removal is followed by an
agreeable feeling. These bodily disorders, indeed,
are often cured by the process which removes the
suffering ; but the mental distempers of envy and
revenge are nourished by every act of odious indul-
gence which for a moment suspends their pain.
The same observation is applicable to every virtuous
disposition, though not so obviously as to the bene-
volent affections. That a brave man is, on the whole,
far less exposed to danger than a coward, is not the
chief advantage of a courageous temper. Great dangers
are rare ; but the constant absence of such painful
and mortifying sensations as those of fear, and the
steady consciousness of superiority to what subdues
ordinary men, are a perpetual source of inward en-
joyment. No man who has ever been visited by a
gleam of magnanimity, can place any outward ad-
vantage of fortitude in comparison with the feeling of
being always able fearlessly to defend a righteous
cause.* Even humility, in spite of first appearances,
* According to Cicero's definition of fortitude, " Virtus pug-
nans pro cequitate." The remains of the original sense of " virtus,"
manhood, give a beauty and force to these expessions, which
cannot be preserved in our language. The Greek "a/>€T7J," and
the German "tugend," originally denoted "strength," afterwards
" com age," and at last " viituc." But the happy derivation of
202 DISSERTATION ON THE PROGRESS
is a remarkable example : — though it has of late been
unwarrantably used to signify that painful conscious-
ness of inferiority which is the first stage of envy.*
It is a term consecrated in Christian Ethics to denote
that disposition which, by inclining towards a modest
estimate of our qualities, corrects the prevalent ten-
dency of human nature to overvalue our merits and
to overrate our claims. What can be a less doubtful,
or a much more considerable blessing than this
constant sedative, which soothes and composes the
irritable passions of vanity and pride ? What is more
conducive to lasting peace of mind than the con-
sciousness of proficiency in that most delicate species
of equity which, in the secret tribunal of Conscience,
labours to be impartial in the comparison of ourselves
with others ? What can so perfectly assure us of the
purity of our Moral Sense, as the habit of contem-
plating, not that excellence which we have reached,
but that which is still to be pursued "j", — of not con-
sidering how far we may outrun others, but how far
we are from the goal ?
Virtue has often outward advantages, and always
inward delights ; but the last, though constant, strong,
inaccessible and inviolable, are not easily considered
by the common observer as apart from the form with
which they are blended. They are so subtile and
evanescent as to escape the distinct contemplation of
all but the very few who meditate on the acts of the
mind. The outward advantages, on the other hand, —
cold, uncertain, deiDcndent and precarious as they are,
— yet stand out to the sense and to the memory, may
be as it were handled and counted, and are perfectly
on a level with the general apprehension. Hence
they have become the almost exclusive theme of all
" virtus" from "vir " gives an energy to the phrase of Cicero, which
illustrates the use of etymology in the hands of a skilful writer.
* Anal. Hum. Mind, vol. ii. p. 222.
f For a description of vanity, by a great orator, see the Eev.
R. Hall's Sermon on Modern Infidelity.
OF ETHICAL PHILOSOPHY. 203
moralists who profess to follow Eeason. There is
room for suspecting that a very general illusion pre-
vails on this subject. Probably the smallest part of
the pleasure of Virtue, because it is the most palpable,
has become the sign and mental representative of the
whole: the outward and visible sign suggests only
insensibly the inward and mental delight. Those
who are prone to display chiefly the external benefits
of magnanimity and kindness, would speak with far
less fervour, and perhaps less confidence, if their
feelings were not unconsciously affected by the mental
state which is overlooked in their statements. But
when they speak of what is without, they feel what
was within, and their words excite the same feeling in
others.
Is it not probable that much of our love of praise
may be thus ascribed to humane and sociable pleasure
in the sympathy of others with us ? Praise is the
symbol which represents sympathy, and which the
mind insensibly substitutes for it in recollection and
in language. Does not the desire of posthumous
fame, in like manner, manifest an ambition for the
fellow-feeling of our race, when it is perfectly unpro-
ductive of any advantage to ourselves ? In this point
of view, it may be considered as the passion the very
existence of which proves the mighty power of disin-
terested desire. Every other pleasure from sympathy
is derived from contemporaries : the love of fame
alone seeks the sympathy of unborn generations, and
stretches the chain which binds the race of man
together, to an extent to which Hope sets no bounds.
There is a noble, even if unconscious union of Mo-
rality with genius in the mind of him who sympa-
thises with the masters who lived twenty centuries
before him, in order that he may learn to command
the sympathies of the countless generations who are
to come.
In the most familiar, as well as in the highest in-
stances, it would seem, that the inmost thoughts and
204 DISSERTATION ON THE PROGRESS
sentiments of men are more pure than their language.
Those who speak of " a regard to character," if they
be serious, generally infuse into that word, unawares,
a large portion of that sense in which it denotes the
frame of the mind. Those who speak of " honour"
very often mean a more refined and delicate sort of
conscience, which ought to render the more educated
classes of society alive to such smaller wrongs as the
laborious and the ignorant can scarcely feel. What
heart does not warm at the noble exclamation of the
ancient poet : " Who is pleased by false honour, or
frightened by lying infamy, but he who is false and
depraved !"* Every uncorrupted mind feels unmerited
praise as a bitter reproach, and regards a conscious-
ness of demerit as a drop of poison in the cup of
honour. How different is the applause which truly
delights us all, a proof that the consciences of others
are in harmony with our own ! " What," says Cicero,
" is glory but the concurring praise of the good, the
unbought approbation of those who judge aright of
excellent virtue!"! A far greater than Cicero rises
from the purest praise of man, to more sublime con-
templations.
Fame is no plant that grows on mortal soil,
But lives and spreads aloft, by those pure eyes
And perfect witness of all-judging Jove.J
Those who have most earnestly inculcated the doc-
trine of Utility have given another notable example
of the very vulgar prejudice which treats the unseen
as insignificant. Tucker is the only one of them who
occasionally considers that most important eiFect of
human conduct which consists in its action on the
frame of the mind, by fitting its faculties and sensi-
bilities for their appointed purpose. A razor or a
penknife would well enough cut cloth or meat ; but
* Horat. Epistol. lib. i. 16.
t Probably quoted memoriter from De Fin. lib. iv. cap. 23. — Ed.
i Lycidas, 1. 78.
OF ETHICAL PHILOSOPHY. 205
if they were often so used, they would be entirely
spoiled. The same sort of observation is much more
strongly applicable to habitual dispositions, which, if
they be spoiled, we have no certain means of re-
placing or mending. Whatever act, therefore, dis-
composes the moral machinery of Mind, is more
injurious to the welfare of the agent than most
disasters from without can be : for the latter are
commonly limited and temporary ; the evil of the
former spreads through the whole of life. Health of
mind, as well as of body, is not only productive in
itself of a greater sum of enjoyment than arises from
other sources, but is the only condition of our frame
in which we are capable of receiving pleasure from
without. Hence it appears how incredibly absurd it
is to prefer, on grounds of calculation, a present inter-
est to the preservation of those mental habits on
which our well-being depends. When they are most
moral, they may often prevent us from obtaining ad-
vantages : but it would be as absurd to desire to
lower them for that reason, as it would be to weaken
the body, lest its strength should render it more liable
to contagious disorders of rare occurrence.
It is, on the other hand, impossible to combine the
benefit of the general habit with the advantages of
occasional deviation ; for every such deviation either
produces remorse, or weakens the habit, and prepares
the way for its gradual destruction. He who obtains
a fortune by the undetected forgery of a will, may
indeed be honest in his other acts ; but if he had such
a scorn of fraud before as he must himself allow to
be generally useful, he must suffer a severe punish-
ment from contrition ; and he will be haunted with
the fears of one who has lost his own security for his
good conduct. In all cases, if they be well examined,
his loss by the distemper of his mental frame will out-
weigh the profits of his vice.
By repeating the like observation on similar occa-
sions, it will be manifest that the infirmity of recol-
206 DISSERTATION ON THE PROGRESS
lection, aggravated by the defects of language, gives
an appearance of more selfishness to man than truly
belongs to his nature ; and that the effect of active
agents upon the habitual state of mind, — one of the
considerations to which the epithet "sentimental" has
of late been applied in derision, — is really among the
most serious and reasonable objects of Moral Phi-
losophy. When the internal pleasures and pains which
accompany good and bad feelings, or rather form a
part of them, and the internal advantages and disad-
vantages whioh. follow good and bad actions, are suffi-
ciently considered, the comparative importance of
outward consequences will be more and more narrowed ;
so that the Stoical philosopher may be thought almost
excusable for rejecting it altogether, were it not an
indispensably necessary consideration for those in
whom right habits of feeling are not sufficiently
strong. They alone are happy, or even truly virtuous,
who have little need of it.
The later moralists who adopt the principle of
Utility, have so misplaced it, that in their hands it
has as great a tendency as any theoretical error can
have, to lessen the intrinsic pleasure of Virtue, and to
unfit our habitual feelings for being the most effectual
inducements to good conduct. This is the natural ten-
dency of a discipline which brings Utility too closely
and frequently into contact with action. By this
habit, in its best state, an essentially weaker motive
is gradually substituted for others which must always
be of more force. The frequent appeal to Utility as
the standard of action tends to introduce an uncer-
tainty with respect to the conduct of other men, which
would render all intercourse with them insupportable.
It affords also so fair a disguise for selfish and ma-
lignant passions, as often to hide their nature from
him who is their prey. Some taint of these mean and
evil principles will at least spread itself, and a venom-
ous animation, not its own, will be given to the cold
desire of Utility. Moralists who take an active part
OF ETHICAL PHILOSOPHY. 207
In those affairs which often call out unamiable pas-
sions, ought to guard with peculiar watchfulness
against such self-delusions. The sin that must most
easily beset them, is that of sliding from general to
particular consequences, — that of trying single actions,
instead of dispositions, habits, and rules, by the
standard of Utility, — that of authorising too great a
latitude for discretion and policy in moral conduct, —
that of readily allowing exceptions to the most im-
portant rules, — that of too lenient a censure of the
use of doubtful means, when the end seems to them
good, — and that of believing unphilosophically, as
well as dangerously, that there can be any measure, or
scheme so useful to the world as the existence of men
who would not do a base thing for any public advan-
tage. It was said of Andrew Fletcher, "that he
would lose his life to serve his country, but would not
do a base thing to save it." Let those preachers of
Utility who suppose that such a man sacrifices ends to
means, consider whether the scorn of baseness be not
akin to the contempt of danger, and whether a nation
composed of such men would not be invincible. But
theoretical principles are counteracted by a thousand
causes, which confine their mischief as well as cir-
cumscribe their benefits. Men are never so good or
so bad as their opinions. All that can be with reason
apprehended is, that these last may always produce
some part of their natural evil, and that the mischief
will be greatest among the many who seek excuses
for their passions. Ai'istippus found in the Socratic
representation of the union of virtue and happiness a
pretext for sensuality ; and many Epicureans became
voluptuaries in spite of the example of their master, —
easily dropping by degrees the limitations by which
he guarded his doctrines. In proportion as a man ac-
customs himself to be influenced by the utility of par-
ticular acts, without regard to rules, he approaches to
the casuistry of the Jesuits, and to the practical
maxims of Caesar Borgia.
208 DISSERTATION ON THE PROGRESS
Injury on this, as on other occasions, has been suf-
fered by Ethics, from their close affinity to Jurispru-
dence. The true and eminent merit of Mr. Bentham
is that of a reformer of Jurisprudence : he is only a
moralist with a view to being a jurist ; and he some-
times becomes for a few hurried moments a metaphy-
sician with a view to laying the foundation of both
the moral sciences. Both he and his followers have
treated Ethics too juridically : they do not seem to be
aware, or at least they do not bear constantly in mind,
that there is an essential difference in the subjects of
these two sciences.
The object of law is the prevention of actions in-
jurious to the community : it considers the dispositions
from which they flow only indirectly^ to ascertain the
likelihood of their recurrence, and thus to determine
the necessity and the means of preventing them. The
direct object of Ethics is only mental disposition : it
considers actions indirectly as the signs by which such
dispositions are manifested. If it were possible for
the mere moralist to see that a moral and amiable
temper was the mental source of a bad action, he could
not cease to approve and love the temper, as we some-
times presume to suppose may be true of the judg-
ments of the Searcher of Hearts. Religion necessarily
coincides with Morality in this respect ; and it is the
peculiar distinction of Christianity that it places the
seat of Virtue in the heart. Law and Ethics are
necessarily so much blended, that in many intricate
combinations the distinction becomes obscure : but in
all strong cases the difference is evident. Thus, law
punishes the most sincerely repentant ; but wherever
the soul of the penitent can be thought to be thoroughly
purified. Religion and Morality receive him with open
arms.
It is needless, after these remarks, to observe, that
those whose habitual contemplation is directed to the
rules of action, are likely to underrate the importance
of feeling and disposition ; — an error of very unfor-
OF ETHICAL PHILOSOPHY. 209
tunate consequences, since the far greater part of
human actions flow from these neglected sources ;
while the law interposes only in cases which may be
called exceptions, which are now rare, and ought to
be less frequent.
The coincidence of Mr. Bentham's school with the
ancient Epicureans in the disregard of the pleasures
of taste and of the arts dependent on imagination, is
a proof both of the inevitable adherence of much of
the popular sense of the words " interest " and " plea-
sure," to the same words in their philosophical ac-
ceptation, and of the pernicious influence of narrowing
Utility to mere visible and tangible objects, to the
exclusion of those which form the larger part of
human enjoyment.
The mechanical philosophers who, under Descartes
and Gassendi, began to reform Physics in the seven-
teenth century, attempted to explain all the appear-
ances of nature by an immediate reference to the
figure of particles of matter impelling each other in
various directions, and with unequal force, but in all
other points alike. The communication of motion by
impulse they conceived to be perfectly simple and
intelligible. It nevei' occurred to them, that the
movement of one ball when another is driven against
it, is a fact of which no explanation can be given
which will amount to more than a statement of its
constant occurrence. That no body can act where it
is not, appeared to them as self-evident as that the
whole is equal to all the parts. By this axiom they
understood that no body moves another without
touching it. They did not perceive, that it was only
self-evident where it means that no body can act
where it has not the poiver of acting ; and that if it
be understood more largely, it is a mere assumption of
the proposition on which their whole system rested.
Sir Isaac Newton reformed Physics, not by simplify-
ing that science, but by rendering it much more com-
plicated, lie introduced into it the force of attraction,
VOL. L P
210 DISSERTATION ON THE PROGRESS
of which he ascertained many la«vs, but which even
he did not dare to represent as being as intelligible,
and as conceivably ultimate as impulsion itself. It
was necessary for Laplace to introduce intermediate
laws, and to calculate disturbing forces, before the
phenomena of the heavenly bodies could be reconciled
even to Newton's more complex theory. In the
present state of physical and chemical knowledge,
a man who should attempt to refer all the immense
variety of facts to the simple impulse of the Car-
tesians, would have no chance of serious confutation.
The number of laws augments with the progress of
knowledge.
The speculations of the followers of Mr. Benthara
are not unlike the unsuccessful attempt of the Car-
tesians. Mr. Mill, for example, derives the whole
theory of Government* from the single fact, that
every man pursues his interest when he knows it;
which he assumes to be a sort of self-evident practical
principle, — if such a phrase be not contradictory.
That a man's pursuing the interest of another, or
indeed any other object in nature, is just as conceivable
as that he should pursue his own interest, is a pro-
position which seems never to have occurred to this
acute and ingenious writer. Nothing, however, can
be more certain than its truth, if the term " interest "
be employed in its proper sense of general well-being,
which is the only acceptation in which it can serve
the purpose of his arguments. If, indeed, the term
be employed to denote the gratification of a predo-
minant desire, his proposition is self-evident, but
wholly unserviceable in his argument ; for it is clear
that individuals and multitudes often desire what they
know to be most inconsistent with their general wel-
fare. A nation, as much as an individual, and some-
times more, may not only mistake its interest, but,
perceiving it clearly, may prefer the gratification of a
♦ Encyc. Brit., article "Government."
OF ETHICAL PHILOSOPHY. 211
strong passion to it* The whole fabric of his poli-
tical reasoning seems to be overthrown by this sino-le
observation ; and instead of attempting to explain the
immense variety of political facts by the simple prin-
ciple of a contest of interests, we are reduced to the
necessity of once more referring them to that variety
of passions, habits, opinions, and prejudices, which we
discover only by experience. Mr. Mill's essay on
Education f affords another example of the incon-
venience of leaping at once from the most general
laws, to a multiplicity of minute appearances. Having
assumed, or at least inferred from insufficient pre-
mises, that the intellectual and moral character is
entirely formed by circumstances, he proceeds, in the
latter part of the essay, as if it were a necessary con-
sequence of that doctrine that we might easily acquire
the power of combining and directing circumstances
in such a manner as to produce the best possible cha-
racter. Without disputing, for the present, the theore-
tical proposition, let us consider what would be the
reasonableness of similar expectations in a more easily
intelligible case. The general theory of the winds is
pretty well understood ; we know that they proceed
from the rushing of air from those portions of the
atmosphere which are more condensed, into those
which are more rarefied : but how great a chasm is
there between that simple law and the great variety
of facts which experience exhibits ! The constant
winds between the tropics are large and regular
enough to be in some measure capable of explanation :
but who can tell why, in variable climates, the wind
blows to-day from the east, to-morrow from the west ?
Who can foretell what its shiftings and variations are
to be ? Who can account for a tempest on one day,
and a calm on another ? Even if we could foretell
* The same mode of reasoning has been adopted by the writer
of a late criticism, on Mr. Mill's Essay. See Edinburgh Review,
vol xlix. p. 159.
I Encyc. Brit., article "Education."
p 2
212 DISSERTATION ON THE PROGRESS
the irregular and infinite variations, how far might
we not still be from the power of combining and
guiding their causes ? No man but the lunatic in the
story of Rasselas ever dreamt that he could command
the weather. The difficulty plainly consists in the
multiplicity and minuteness of the circumstances which
act on the atmosphere : are those which influence the
formation of the human character likely to be less
minute and multiplied ?
The style of Mr. Bentham underwent a more re-
markable revolution than perhaps befell that of any
other celebrated writer. In his early works, it was
clear, free, spirited, often and seasonably eloquent:
many passages of his later writings retain the inimi-
table stamp of genius ; but he seems to have been
oppressed by the vastness of his projected works, — to
have thought that he had no longer more than leisure
to preserve the heads of them, — to have been impelled
by a fruitful mind to new plans before he had com-
pleted the old. In this state of things, he gradually
ceased to use words for conveying his thoughts to
others, but merely employed them as a sort of short
hand to preserve his meaning for his own purpose.
It was no wonder that his language should thus
become obscure and repulsive. Though many of his
technical terms are in themselves exact and pithy, yet
the overflow of his vast nomenclature was enough to
darken his whole diction.
It was at this critical period that the arrangement
and translation of his manuscripts were undertaken
by M. Dumont, a generous disciple, who devoted a
genius formed for original and lasting works, to dif-
fuse the principles, and promote the fame of his
master. He whose pen Mirabeau did not disdain to
borrow, — who, in the same school with Romilly, had
studiously pursued the grace as well as the force of
composition, was perfectly qualified to strip of its
uncouthness a philosophy which he understood and
admired. As he wrote in a general language, he
OF ETHICAL PHILOSOPHY. 213
propagated its doctrines throughout Europe, where
they were beneficial to Jurisprudence, but perhaps in-
jurious to the cause of reformation in Government.
That they became more popular abroad than at home,
is partly to be ascribed to the taste and skill of M.
Dumont ; partly to that tendency towards free specu-
lation and bold reform which was more prevalent
among nations newly freed, or impatiently aspiring
to freedom, than in a people such as ours, long satis-
fied with their government, but not yet aware of the
imperfections and abuses in their laws ; — to the
amendment of which last a cautious consideration of
Mr. Beutham's works will undoubtedly most mate-
rially contribute.
DUGALD STEWART.*
Manifold are the discouragements rising up at
every step in that part of this Dissertation which
extends to very recent times. No sooner does the
writer escape from the angry disputes of the living,
than he may feel his mind clouded by the name of a
departed friend. But there are happily men whose
fame is brightened by free discussion, and to whose
memory an appearance of belief that they needed
tender treatment would be a grosser injury than it
could suffer from a respectable antagonist.
Dugald Stewart was the son of Dr. Matthew
Stewart, Professor oi Mathematics in the University
of Edinburgh, — a station immediately before filled by
Maclaurin, on the recommendation of Newton. Hence
the poetf spoke of "the philosophic sire and son."
He was educated at Edinburgh, and he heard the
lectures of Reid at Glasgow. He was early asso-
ciated with his father in the duties of the mathe-
matical professorship ; and during the absence of
Dr. Adam Ferguson as secertary to the commis-
* Bom 1753, died, 1828. f Bums.
P 3
214 DISSERTATION ON THE PROGRESS
sioners sent to conclude a peace with North America,
he occupied the chair of Moral Philosophy. He was
appointed to the professorship on the resignation of
Ferguson, — not the least distinguished among the
modern moralists inclined to the Stoical school.
This office, filled in immediate succession by Fer-
guson, Stewart, and Brown, received a lustre from
their names, which it owed in no degree to its modest
exterior or its limited advantages ; and was rendered
by them the highest dignity, in the humble, but not
obscure, establishments of Scottish literature. The
lectures of Mr. Stewart, for a quarter of a century,
rendered it famous through every country where the
light of reason was allowed to penetrate. Perhaps
few men ever lived, who poured into the breasts of
youth a more fervid and yet reasonable love of
liberty, of truth, and of virtue. How many are still
alive, in different countries, and in every rank to
which education reaches, who, if they accurately ex-
amined their own minds and lives, would not ascribe
much of whatever goodness and happiness they possess,
to the early impressions of his gentle and persuasive
eloquence! He lived to see his disciples distinguished
among the lights and ornaments of the council and
the senate.* He had the consolation to be sure that
* As an example of Mr. Stewart's school may be mentioned
Francis Horner, a favourite pupil, and, till his last moment, an
affectionate friend. The short hfe of this excellent person is worthy
of serious contemplation, by those more especially, who, in cir-
cumstances like his, enter on the slippery path of public affairs.
Without the aids of birth or fortune, in an assembly where aris-
tocratical propensities prevail, — by his understanding, industry,
pure taste, and useful information, — still more by modest inde-
pendence, by steadiness and sincerity, joined to moderation, —
by the stamp of unbending integrity, and by the conscientious
considerateness which breathed through his well-chosen language,
he raised himself, at the early age of thirty-six, to a moral authority
which, without these qualities, no brilliancy of talents or power of
reasoning could have acquired. No eminent speaker in Parlia-
ment owed so much of has success to his moral character. His
OF ETHICAL PHILOSOPHT. 215
no words of his promoted the growth of an impure
taste, of an exclusive prejudice, or of a malevolent
passion. Without derogation from his writings, it
may be said that his disciples were among his best
works. He, indeed, who may justly be said to have
cultivated an extent of mind wliich would otherwise
have lain barren, and to have contributed to raise
virtuous dispositions where the natural growth might
have been useless or noxious, is not less a benefactor
of mankind, and may indirectly be a larger contri-
butor to knowledge, than the author of great works,
or even the discoverer of important truths. The
system of conveying scientific instruction to a large
audience by lectures, from which the English univer-
sities have in a great measure departed, renders his
qualities as a lecturer a most important part of his
merit in a Scottish university which still adheres to
the general method of European education. Prqbably
no modern ever exceeded him in that species of, elo-
quence which springs from sensibility to literary
beauty and moral excellence, — which neither obscures
science by prodigal ornament, nor disturbs the se-
renity of patient attention, — but though it rather calms
and soothes the feelings, yet exalts the genius, and
insensibly inspires a reasonable enthusiasm for what-
ever is good and fair.
He embraced the philosophy of Dr. Eeid, a patient,
high place was therefore honourable to his audience and to liis
country. Kcgret for his death was expressed with touching una-
nimity from every part of a divided assembly, unused to mani-
festations of sensibility, abhorrent from theatrical display, and
whose tribute on such an occasion derived its peculiar value from
their general coldness and slu^^gishness. The tears of those to
whom he was unknown were shed over him ; and at the head of
those by whom he was " praised, wept, and honoured," was one,
whose commendation would haA'e been more enhanced in the eye
of Mr. Horner, l)y his discernment and veracity, than by the signal
proof of the concurrence of all orders, as well as parties, which
was aflfordcd by the name of Howard.
P 4
216 DISSERTATION ON THE PROGRESS
modest, and deep thinker*, who, in his first work
(Inquiry into the Human Mind), deserves a commend-
ation more descriptive of a philosopher than that
bestowed upon him by Professor Cousin, — of having
made " a vigorous protest against scepticism on be-
half of common sense." Reid's observations on Sug-
gestion, on natural signs, on the connection between
what he calls " sensation " and " perception," though
perhaps suggested by Berkeley (whose idealism he had
once adopted), are marked by the genuine spirit of
original observation. As there are too many who
seem more wise than they are, so it was the more
uncommon fault with Reid to appear less a philo-
sopher than he really was. Indeed his temporary
adoption of Berkeleianism is a proof of an unpre-
judiced and acute mind. Perhaps no man ever rose
finally above the seductions of that simple and inge-
nious system, who had not sometimes tried their full
effect by surrendering his whole mind to them.
* Those who may doubt the justice of this description will do
well to weigh the words of the most competent of judges, who,
though candid and even indulgent, was not prodigal of praise.
" It is certainly very rare, that a piece so deeply philosophical is
wrote with so much spirit, and aftbrds so much entertainment to
the reader. Whenever I enter into your ideas, no man appears to
express himself with greater perspicuity. Your style is so correct
and so good English, that I found not anything worth the remark-
ing. I beg my compliments to my friendly adversaries Dr.
Campbell and Dr. Gerard, and also to Dr. Gregory, whom I sus-
pect to be of the same disposition, though he has not openly
declared himself such." — Letter from Mr. Hume to Dr. Keid:
Stewart's Biographical Memoirs, p. 417. The latter part of the
above sentences (written after a perusal of Dr. Reid's Inquiry,
but before its publication) sufficiently shows, that Mr. Hume felt
no displeasure against Reid and Campbell, undoubtedly his most
formidable antagonists, however he might resent the language of
Dr. Beattie, an amiable man, an elegant and tender poet, and a
good writer on miscellaneous literature in prose, but who, in his
Essay on Truth ( — an unfair appeal to the multitude on philoso-
phical questions) indulged himself in the personalities and invec-
tives of a popular pamphleteer.
OF" ETHICAL PHILOSOPHT. 217
But it is never with entire impunity that philo-
sophers borrow vague and inappropriate terms from
vulgar use. Never did any man afford a stronger
instance of this danger than Reid, in his two most
unfortunate terms, "common sense" and "instinct"
Common sense is that average portion of understand-
ing, possessed by most men, which, as it is nearly
always applied to conduct, has acquired an almost ex-
clusively practical sense. Instinct is the habitual
power of producing effects like contrivances of Reason,
yet so far beyond the intelligence and experience of
the agent, as to be utterly inexplicable by reference
to them. No man, if he had been in search of im-
proper words, could have discovered any more unfit
than these two, for denoting that law, or state, or
faculty of Mind, which compels us to acknowledge
certain simple and very abstract truths, not being
identical propositions, to lie at the foundation of all
reasoning, and to be the necessary ground of all
belief.
Long after the death of Dr. Reid, his philosophy
was taught at Paris by M. Royer Collard*, who on
the restoration of free debate, became the most phi-
losophical orator of his nation, and nowf fills, with
impartiality and dignity, the chair of the Chamber of
Deputies. His ingenious and eloquent scholar. Pro-
fessor Cousin, dissatisfied with what he calls " the
sage and timid" doctrines of Edinburgh, which he
considered as only a vigorous protest, on behalf of
common sense, against the scepticism of Hume, sought
in Germany for a philosophy of " such a masculine
and brilliant character as might command the atten-
tion of Europe, and be able to struggle with success
on a great theatre, against the genius of the adverse
♦ Fragments of his Icctnres have been rcocntly published in a
French translation of Dr. Reid, by M, Jonffroy : a:^u\Tcs Com-
pletes de Thomas Reid, yoI. iv. Paris, 1828.
t 1831. — Ed.
218 DISSERTATION ON THE PROGRESS
school."* It may be questioned whether he found
in Kant more than the same vigorous protest, under a
more systematic form, with an immense nomenclature,
and constituting a philosophical edifice of equal sym-
metry and vastness. The preference of the more
boastful system, over a philosophy thus chiefly blamed
for its modest pretensions, does not seem to be en-
tirely justified by its permanent authority even in the
country which gave it birth ; where, however power-
ful its influence still continues to be, its doctrines do
not appear to have now many supporters. Indeed,
the accomplished professor himself has rapidly shot
through Kantianism, and now appears to rest or to
stop at the doctrines of Schelling and Hegel, at a
point so high, that it is hard to descry from it any
distinction between objects, — even that indispens-
able distinction between reality and illusion. As the
works of Reid, and those of Kant, otherwise so dif-
ferent, appear to be simultaneous efforts of the con-
servative power of philosophy to expel the mortal
poison of scepticism, so the exertions of M. Royer
Collard and M. Cousin, however at variance in meta-
physical principles, seem to have been chiefly roused
by the desire of delivering Ethics from that fatal touch
of personal, and, indeed, gross interest, which the sci-
ence had received in France at the hands of the
followers of Condillac, — especially Helvetius, St.
Lambert, and Cabanis. The success of these attempts
to render speculative philosophy once more popular
in the country of Descartes, has already been consider-
able. The French youth, whose desire of knowledge,
and love of liberty afford an auspicious promise of the
succeeding age, have eagerly received doctrines, of
which the moral part is so much more agreeable to
their liberal spirit, than is the Selfish theory, gene-
rated in the stagnation of a corrupt, cruel, and disso-
lute tyranny.
* Cours de Philosophic, par M. Cousin, le9on xii. Paris, 1828,
OF ETHICAL PHILOSOPnT. 219
These agreeable prospects bring us easily back to
our subject ; for though the restoration of speculative
philosophy in the country of Descartes is due to the
precise statement and vigorous logic of M. Royer
CoUard, the modifications introduced by him into the
doctrine of Reid coincide with those of Mr. Stewart,
and would have appeared to agree more exactly, if
the forms of the French philosopher had not been
more dialectical, and the composition of Mr. Stewart
had retained less of that oratorical character, which
belonged to a justly celebrated speaker. Amidst excel-
lencies of the highest order, the writings of the latter,
it must be confessed, leave some room for criticism.
He took precautions against offence to the feelings
of his contemporaries, more anxiously and frequently
than the impatient searcher for truth may deem ne-
cessary. For the sake of promoting the favourable
reception of philosophy itself, he studies, perhaps too
visibly, to avoid whatever might raise up prejudices
against it. His gratitude and native modesty dic-
tated a superabundant care in softening and excusing
his dissent from those who had been his own instruc-
tors, or who were the objects of general reverence.
Exposed by his station, both to the assaults of poli-
tical prejudice, and to the religious animosities of a
country where a few sceptics attacked the slumbering
zeal of a Calvinistic people, it would have been won-
derful if he had not betrayed more weariness than
would have been necessary or becoming in a very
different position. The fulness of his literature se-
duced him too much into multiplied illustrations.
Too many of the expedients happily used to allure the
young may unnecessarily swell his volumes. Perhaps
a successive publication in separate parts made him
more voluminous than he would have been if the whole
had been at once before his eyes. A peculiar sus-
ceptibility and delicacy of taste produced forms of
expression, in themselves extremely beautiful, but of
which the habitual use is not easily reconcilable with
220 DISSERTATION ON THE PROGRESS
the condensation desirable in works necessarily so
extensive. If, however, it must be owned that the
caution incident to his temper, his feelings, his philo-
sophy, and his station, has somewhat lengthened his
composition, it is not less true, that some of the same
circumstances have contributed towards those pecu-
liar beauties which place him at the head of the most
adorned writers on philosophy in our language.
Few writers rise with more grace from a plain
groundwork, to the passages which require greater
animation or embellishment. He gives to narrative,
according to the precept of Bacon, the colour of the
time, by a selection of happy expressions from ori-
ginal writers. Among the secret arts by which he
diffuses elegance over his diction, may be remarked
the skill which, by deepening or brightening a shade
in a secondary term, and by opening partial or pre-
paratory glimpses of a thought to be afterwards
unfolded, unobservedly heightens the import of a word,
and gives it a new meaning, without any offence
against old use. It is in this manner that philoso-
phical originality may be reconciled to purity and
stability of speech, and that we may avoid new terms,
which are the easy resource of the unskilful or the
indolent, and often a characteristic mark of writers
who love their language too little to feel its peculiar
excellencies, or to study the art of calling forth its
powers.
He reminds us not unfrequently of the character
given by Cicero to one of his contemporaries, "who
expressed refined and abstruse thought in soft and
transparent diction." His writings are a proof that
the mild sentiments have their eloquence as well as
the vehement passions. It would be difficult to name
works in which so much refined philosophy is joined
with so fine a fancy, — so much elegant literature,
with such a delicate perception of the distinguishing
excellencies of great writers, and with an estimate in
general so just of the services rendered to Knowledge
OF ETHICAL PHILOSOPHY. 221
by a succession of philosophers. They are pervaded
by a philosophical benevolence, which keeps up the
ardour of his genius, without disturbing the serenity
of his mind, — which is felt equally in the generosity
of his praise, and in the tenderness of his censure. It
is still more sensible in the general tone with which
he relates the successful progress of the human under-
standing, among many formidable enemies. Those
readers are not to be envied who limit their admira-
tion to particular parts, or to excellencies merely
literary, without being warmed by the glow of that
honest triumph in the advancement of Knowledge,
and of that assured taith in the final prevalence of
Truth and Justice, which breathe through every page
of them, and give the unity and dignity of a moral
purpose to the whole of these classical works.
In quoting poetical passages, some of which throw
much light on our mental operations, if he sometimes
prized the moral common-places of Thomson and the
speculative fancy of Akenside more highly than the
higher poetry of their betters, it was not to be won-
dered at that the metaphysician and the morahst
should sometimes prevail over the lover of poetry. His
natural sensibility was perhaps occasionally cramped
by the cold criticism of an unpoetical age ; and some
of his remarks mav be thoujrht to indicate a more
constant and exclusive regard to diction than is agree-
able to a generation which has been trained by tremen-
dous events to a passion for daring inventions, and to
an irregular enthusiasm, impatient of minute elegancies
and refinements. Many of those beauties which his
generous criticism delighted to magnify in the works
of his contemporaries, have already faded under the
scorching rays of a fiercer sun.
^Ir. Stewart employed more skill in contriving, and
more care in concealing his very important reforms of
Reid's doctrines, than others exert to maintain their
claims to originality. Had his well-chosen language
of "laws of human thouirht or belief" been at first
222 DISSERTATION ON THE PROGRESS
adopted in that school, instead of " instinct " and
" common sense," it would have escaped much of the
reproach (which Dr. Reid himself did not merit) of
shallowness and popularity. Expressions so exact,
employed in the opening, could not have failed to in-
fluence the whole system, and to have given it, not
only in the general estimation, but in the minds of its
framers, a more scientific complexion. In those parts
of Mr. Stewart's speculations in which he farthest
departed from his general principles, he seems some-
times, as it were, to be suddenly driven back by what
he unconsciously shrinks from as ungrateful apostacy,
and to be desirous of making amends to his master,
by more harshness, than is otherwise natural to him,
towards the writers whom he has insensibly ap-
proached. Hence perhaps the unwonted severity of
his language towards Tucker and Hartley. It is thus
at the very time when he largely adopts the principle
of Association in his excellent Essay on the Beauti-
ful* that he treats most rigidly the latter of these
writers, to whom, though neither the discoverer nor
the sole advocate of that principle, it surely owes the
greatest illustration and support.
In matters of far other importance, causes perhaps
somewhat similar may have led to the like mistake.
When he absolutely contradicts Dr. Reid, by truly
stating that " it is more philosophical to resolve the
power of habit into the association of ideas, than to
resolve the association of ideas into habit," f he, in
the sequel of the same volume J, refuses to go farther
than to own, that " the theory of Hartley concerning
* Philosophical Essays, part ii. essay i., especially chap. vi.
The condensation, if not omission of the discussion of the theories
of Buffier, Reynolds, Burke, and Price, in this essay, would have
lessened that temporary appearance which is unsuitable to a sci-
entific work.
t Elements of the Philosophy of the Human Mind (1792, 4to.),
vol. i. p. 281.
X Ibid. p. 383.
OP ETHICAL PHILOSOPHT. 223
the origin of our affections, and of the Moral Sense,
is a most ingenious refinement on the Selfish system^ and
that by means of it the force of many of the common
reasonings against that system is eluded ;^^ though he
somewhat inconsistently allows, that " active princi-
ples which, arising from circumstances in which all
the situations of mankind must agree, are therefore
common to the whole species, at whatever period of
life they may appear, are to be regarded as a part of
human nature, no less than the instinct of suction, in
the same manner as the acquired perception of dis-
tance, by the eye, is to be ranked among the perceptive
powers of man, no less than the original perceptions
of the other senses."* In another place also he makes
a remark on mere beauty, which might have led him
to a more just conclusion respecting the theory of the
origin of the affections and the Moral Sense : " It is
scarcely necessary for me to observe, that, in those
instances where association operates in heightening"
(or he might have said creates) " the pleasure we re-
ceive from sight, the pleasing emotion continues still
to appear, to our consciousness, simple and uncom-
pounded."f To this remark he might have added,
that until all the separate pleasures be melted into one,
— as long as any of them are discerned and felt as
distinct from each other, — the associations are incom-
plete, and the qualities which gratify are not called by
the name of " beauty." In like manner, as has been
repeatedly observed, it is only when all the separate
feelings, pleasurable and painful, excited by the con-
templation of voluntary action, are lost in the general
sentiments of approbation or disapprobation, — when
these general feelings retain no trace of the various
emotions which originally attended different actions,
— when they are held in a state of perfect fusion by
the habitual use of the words used in every language
* Elements of the Philosophy of the Human Mind (1792, 4to.),
vol. i. p. 385.
t Philosophical Essays, part ii. essay i. chap. xL
224 DISSERTATION ON THE PROGRESS
to denote them, that Conscience can be said to exist,
or that we can be considered as endowed with a moral
nature. The theory which thus ascribes the uniform
formation of the Moral Faculty to universal and para-
mount laws, is not a refinement of the Selfish system,
nor is it any modification of that hypothesis. The
partisans of Selfishness maintain, that in acts of Will
the agent must have a view to the pleasure or happi-
ness which he hopes to reap from it : the philosophers
who regard the social affections and the Moral Senti-
ments as formed by a process of association, on the
other hand, contend that these affections and senti-
ments must work themselves clear from every particle
of self-regard, before they deserve the names of be-
nevolence and of Conscience. In the actual state of
human motives the two systems are not to be likened,
but to be contrasted to each other. It is remarkable
that Mr. Stewart, who admits the " question respect-
ing the origin of the affections to be rather curious
tlian important," * should have held a directly contrary
opinion respecting the Moral Sense j", to which these
words, in his sense of them, seem to be equally appli-
cable. His meaning in the former affirmation is, that
if the affections be acquired, yet they are justly called
natural ; and if their origin be personal, yet their
nature may and does become disinterested. What cir-
cumstance distinguishes the former from the latter
case ? With respect to the origin of the affections, it
must not be overlooked that his language is somewhat
contradictory. For if the theory on that subject from
which he dissents were merely " a refinement on the
Selfish system," its truth or falsehood could not be re-
presented as subordinate ; since the controversy would
continue to relate to the existence of disinterested mo-
tives of human conduct. \ It may also be observed^
* Outlines of Moral Philosophy, p. 93.
f Outlines, p. 117. " This is the most important question that
can be stated with respect to the theory of Morals."
X In the Philosophy of the Active and Moral Powers of Man
OF ETHICAL PHILOSOPHY. 225
tliat he uniformly represents his opponents as deriving
the affections from "self-love," which, in its proper
sense, is not the source to which they refer even
avarice, and which is itself derived from other ante-
cedent principles, some of which are inherent, and
some acquired. If the object of this theory of the rise
of the most important feelings of human nature were,
as our philosopher supposes, " to elude objections
against the Selfish system," it would be at best worth-
less. Its positive merits are several. It affirms the
actual disinterestedness of human motives, as strongly
as Butler himself. The explanation of the mental
law, by which benevolence and Conscience are formed
habitually, when it is contemplated deeply, impresses
on the mind the truth that they not only are but must
be disinterested. It confirms, as it were, the testimony
of consciousness, by exhibiting to the Understanding
the means employed to insure the production of dis-
interestedness. It affords the only effectual answer to
the prejudice against the disinterested theory, from
the multiplication of ultimate facts and implanted prin-
ciples, which, under all its other forms, it seems to
require. No room is left for this prejudice by a repre-
sentation of disinterestedness, which ultimateh/ traces
its formation to principles almost as simple as those of
Hobbes himself. Lastly, every step in just generalisa-
tion is an advance in philosophy. No one has yet
shown, either that Man is not actually disinterested,
or that he may not have been destined to become so
by such a process as has been described : the cause to
which the effects are ascribed is a real agent, which
seems adequate to the appearance ; and if future ob-
servation should be found to require that the theory
(vol. i. p. 164.), Mr. Stewart has done more manifest injustice to
the Ilartleian theory, by calling it " a doctrine fundavientolly the
same with the Selfish system^' and especially by representing
Hartley, who ought to be rather classed with Butler and Hume,
as agreeing with Gay, Tucker, and Paley.
VOL. I. Q
226 DISSERTATION ON THE PROGRESS
shall be confined within narrower limits, such a limit-
ation will not destroy its value.
The acquiescence of Mr. Stewart in Dr. Reid's
general representation of our mental constitution, led
him to indulge more freely the natural bent of his
understanding, by applying it to theories of character
and manners, of life and literature, of taste and the
arts, rather than to the consideration of those more
simple principles which rule over human nature under
every form. His chief work, as he frankly owns, is
indeed rather a collection of such theories, pointing
toward the common end of throwing light on the
structure and functions of the mind, than a systematic
treatise, such as might be expected from the title of
" Elements." It is in essays of this kind that he has
most surpassed other cultivators of mental philosophy.
His remarks on the effects of casual associations may
be quoted as a specimen of the most original and just
thoughts, conveyed in the best manner.* In this
beautiful passage, he proceeds from their power of
confusing speculation to that of disturbing experience
and of misleading practice, and ends with their extra-
ordinary effect in bestowing on trivial, and even ludi-
crous circumstances, some portion of the dignity and
sanctity of those sublime principles with which they
are associated. The style, at first only clear, after-
wards admitting the ornaments of a calm and grave
elegance, and at last rising to as high a strain as
Philosophy will endure, (all the parts, various as
their nature is, being held together by an invisible
thread of gentle transition,) affords a specimen of
adaptation of manner to matter which it will be hard
to match in any other philosophical writing. Another
very fine remark, which seems to be as original as it
is just, may be quoted as a sample of those beauties
with which his writings abound. " The apparent
coldness and selfishness of mankind may be traced, in
* Elem. Philos. Hum. Mind, vol. i. pp. 340—352.
OF ETHICAL PHILOSOPHY. 227
a great measure, to a want of attention and a want of
imagination. In the case of those misfortunes which
happen to ourselves or our near connections, neither
of these powers is necessary to make us acquainted
with our situation. But without an uncommon degree
of both, it is impossible for any man to comprehend
completely the situation of his neighbour, or to have
an idea of the greater part of the distress which exists
in the world. If we feel more for ourselves than for
others, in the former case the facts are more fully
before us than they can be in the latter."* Yet
several parts of his writings afford the most satisfac-
tory proof, that his abstinence from what is commonly
called metaphysical speculation, arose from no inability
to pursue it with signal success. As examples, his
observations on " general terms," and on " causation,"
may be appealed to with perfect confidence. In the
first two dissertations of the volume bearing the title
"Philosophical Essays," he with equal boldness and
acuteness grapples with the most extensive and ab-
struse questions of mental philosophy, and points out
both the sources and the uttermost boundaries of
human knowledge with a Verulamean hand. In
another part of his writings, he calls what are usually
denominated first principles of experience, " funda-
mental laws of human belief, or primary elements of
human reason ; "f which last form of expression has
so close a resemblance to the language of Kant, that
it should have protected the latter from the imputation
of writing jargon.
The excellent volume entitled " Outlines of Moral
Philosophy," though composed only as a text-book
for the use of his hearers, is one of the most decisive
proofs that he was perfectly qualified to unite preci-
sion with ease, to be brief with the utmost clearness,
and to write with becoming elegance in a style where
* Elem. Philos. Hum. Mind, vol. i. p. 502.
f Ibid. vol. ii. p. 57.
a 2
228 DISSERTATION OX THE PROGRESS
the meaning is not overladen by ornaments. This
volume contains his properly ethical theory*, which is
much expanded, but not substantially altered, in his
Philosophy of the Active and Moral Powers, — a
work almost posthumous, and composed under cir-
cumstances which give it a deeper interest than can
be inspired by any desert in science. Though, with
his usual modesty, he manifests an anxiety to fasten
his ethical theory to the kindred speculations of other
philosophers of the " Intellectual school," especially to
those of Cudworth, — recently clothed in more modern
phraseology by Price, — yet he still shows that inde-
pendence and originality which all his aversion from
parade could not entirely conceal. " Right," " duty,"
" virtue," " moral obligation," and the like or the
opposite forms of expression, represent, according to
him, certain thoughts, which arise necessarily and
instantaneously in the mind, (or in the Reason, if we
take that word in the large sense in which it denotes
all that is not emotive) at the contemplation of actions,
and which are utterly incapable of all resolution, and
consequently of all explanation, and which can be
known only by being experienced. These " thoughts"
or " ideas," by whatever name they may be called, are
followed, — as inexplicably as inevitably, — by plea-
surable and painful emotions, which suggest the con-
ception oi moral beauty ; — a quality of human actions
distinct from their adherence to, or deviation from
rectitude, though generally coinciding with it. The
question which a reflecting reader will here put is,
vdiether any purpose is served by the introduction of
the intermediate mental process between the parti-
cular thouofhts and the moral emotions ? How would
the view be darkened or confused, or indeed in any
degree changed, by withdrawing that process, or
erasing the words which attempt to express it ? No
advocate of the intellectual origin of the Moral Faculty
* Elem. "" hilos. Hum. Mind, pp. Tj — 148.
OF ETHICAL PHILOSOPHY. 229
has jet stated a case in which a mere operation of
Reason or Judgment, unattended by Emotion, could,
consistently with the universal opinion of mankind,
as it is exhibited by the structure of language, be
said to have the nature or to produce the effects of
Conscience. Such an example would be equivalent
to an experimejittim crucis on the side of that cele-
brated theory. The failure to produce it, after long
challenge, is at least a presumption against it, nearly
approaching to that sort of decisively discriminative
experiment. It would be vain to restate what has
already been too often repeated, that all the objections
to the Selfish philosophy turn upon the actual nature,
not upon the original source, of our principles of
action, and that it is by a confusion of these very
distinct questions alone that the confutation of Hobbes
can be made apparently to involve Hartley. Mr.
Stewart appears, like most other metaphysicians, to
have blended the inquiry into the nature of our
Moral Sentiments with that other which only seeks a
criterion to distinguish moral from immoral habits of
feeling and action ; for he considers the appearance of
the Moral Sentiments at an early age, before the general
tendency of actions can be ascertained, as a decisive
objection to the origin of these sentiments in Associa-
tion, — an objection which assumes that, if utility be
the criterion of Morality, associations with utility
must be the mode by which the Moral Sentiments are
Ibrmed : but this no skilful advocate of the theory of
Association will ever allow. That the main, if not
sole object of Conscience is to govern our voluntary
exertions, is manifest : but how could it perform this
great function if it did not impel the Will ? and how
could it have the latter effect as a mere act of Reason,
or, indeed, in any respect otherwise than as it is
made up of emotions ? Judgment and Reason are
therefore preparatory to Conscience, — not properly a
part of it. The assertion that the exclusion of Reason
reduces Virtue to be a relative quality, is another
Q 3
230 DISSERTATION ON THE PROGRESS
instance of the confusion of the two questions in moral
theory : for though a fitness to excite approbation
may be only a relation of objects to our susceptibility,
yet the proposition that all virtuous actions are bene-
ficial, is a proposition as absolute as any other within
the range of our understanding.
A delicate state of health, and an ardent desire to
devote himself exclusively to study and composition,
induced Mr. Stewart, while in the full blaze of his
reputation as a lecturer, to retire, in 1810, from the
labour of public instruction. This retirement, as he
himself describes it, was that of a quiet but active
life. Three quarto and two octavo volumes, besides
the magnificent Dissertation prefixed to the Encyclo-
paedia Britannica, were among its happy fruits. This
Dissertation is, perhaps, the most profusely orna-
mented of 'any of his compositions ; — a peculiarity
which must in part have arisen from a principle of
taste, which regarded decoration as more suitable to
the history of philosophy than to philosophy itself.
But the memorable instances of Cicero, of Milton,
and still more those of Dryden and Burke, seem to
show that there is some natural tendency in the fire
of genius to burn more brightly, or to blaze more
fiercely, in the evening than in the morning of human
life. Probably the materials which long experience
supplies to the imagination, the boldness with which
a more established reputation arms the mind, and the
silence of the low but formidable rivals of the higher
principles, may concur in producing this unexpected
and little observed efiect.
It was in the last years of his life, when suffering
under the effects of a severe attack of palsy, with
which he had been afilicted in 1822, that Mr. Stewart
most plentifully reaped the fruits of long virtue and
a well-ordered mind. Happily for him, his own culti-
vation and exercise of every kindly affection had laid
up a store of that domestic consolation which none
who deserve it ever want, and for the loss of which,
OF ETHICAL PHILOSOPHT. 231
nothing beyond the threshold can make amends. The
same philosophy which he had cultivated from his
youth upward employed his dying hand ; aspirations
after higher and brighter scenes of excellence, always
blended with his elevated morality, became more ear-
nest and deeper as worldly passions died away, and
earthly objects vanished from his sight.
TH05IAS BROWN.*
A writer, as he advances in life, ought to speak
with diffidence of systems which he has only begun
to consider with care after the age in which it be-
comes hard for his thoughts to flow into new channels.
A reader cannot be said practically to understand a
theory, till he has acquired the power of thinking, at
least for a short time, with the theorist. Even a
hearer, with all the helps of voice in the instructor,
and of countenance from him and from fellow-hearers,
finds it difficult to perform this necessary process,
without either being betrayed into hasty and undis-
tinguishing assent, or falling, while he is in pursuit of
an impartial estimate of opinions, into an indiiference
about their truth. I have felt this difficulty in re-
considering old opinions : but it is perhaps more need-
ful to own its power, and to warn the reader against
its effi'Cts, in the case of a philosopher well known to
me, and with whom common friendships stood in the
stead of much personal intercourse, as a cement of
kindness. I very early read Brown's Observations
on the Zoonomia of Dr. Darwin, — the perhaps un-
matched work of a boy in the eighteenth year of his
age.f His first tract on Causation appeared to me
* Bom, 1778 ; died, 1820.
f Welsh's Life of Brown, p. 43.; — a pleasingly affectionate
work, full of analytical spirit and metaphysical reading, — of such
merit, in short, that I could wish to have found in it no phreno-
logy. Olijcctions a priori in a case dependent on facts are, indeed,
Q 4
232 DISSERTATION ON THE PROGRESS
to be the finest model of discussion in mental philo-
sophy since Berkeley and Hume, — with this supe-
riority over the latter, that its aim is that of a philo-
sopher who seeks to enlarge knowledge, — not that of
a sceptic, who — even the most illustrious — has no
better end than that of displaying his powers in con-
founding and darkening truth, — and the happiest efforts
of whose scepticism cannot be more leniently described
than as brilliant fits of mental debauchery.* From a
diligent perusal of his succeeding works at the time
of their publication, I was prevented by pursuits and
duties of a very different nature. These causes, to-
gether with ill health and growing occupation, hin-
dered me from reading his Lectures with due atten-
tion, till it has now become a duty to consider with
care that part of them which relates to Ethics.
Dr. Brown was born of one of those families of
ministers in the Scottish Church, who, after a genera-
tion or two of a humble life spent in piety and useful-
ness, with no more than needful knowledge, have
more than once sent forth a man of genius from their
cool and quiet shade, to make his fellows wiser or better
by tongue or pen, by head or hand. Even the scanty
endowments and constant residence of that Church,
Inadmissible : even the allowance of presumptions of that nature
would open so wide a door for prejudices, that at most, they can
be considered only as maxims of logical prudence, which fortify
the watchfulness of the individual. The fatal objection to phreno-
logy seems to me to be, that what is new in it, or peculiar to it,
has no approach to an adequate foundation in experience.
* " Bayle, a writer who, pervading human nature at his ease,
struck into the province of paradox, as an exercise for the un-
wearied vigour of his mind ; who with a soul superior to the
sharpest attacks of fortune, and a heart practised to the best phi-
losophy, had not enough of real greatness to overcome that last
foible of superior minds, the temptation of honour, which the
academic exercise of wit is conceived to bring to its professor."
So says Warburton (Divine Legation, book i. sect. 4.), speaking of
Bayle, but perhaps in part excusing himself, in a noble strain, of
which it would have been more agreeable to find the repetition
than the contrast in his language towards Hume.
OF ETHICAL PHILOSOPHY. 233
by keeping her ministers far from the objects which
awaken turbulent passions and disperse the under-
standing on many pursuits, affords some of the leisure
and calm of monastic life, without the exclusion of
the charities of family and kindred. It may be well
doubted whether this undissipated retirement, which
during the eighteenth century was very general in
Scotland, did not make full amends for the loss of
curious and ornamental knowledge, by its tendency
to qualify men for professional duty ; with its oppor-
tunities for the cultivation of the reason for the many,
and for hiorh meditation, and concentration of thoufjrht
on worthy objects for the few who have capacity for
such exertions.* An authentic account of the early
exercises of Brown's mind is preserved by his bio-
grapher "f, from which it appears that at the age of
nineteen he took a part with others (some of whom
became the most memorable men of their time), in the
foundation of a private society in Edinburgh, under
the name of " the Academy of Physics." J
• See Sir H. MoncreifTs Life of the Reverend Dr. Erskine.
f Welsh's Life of Brown, p. 77., and App. p. 498.
j A part of the first day's minutes is here borrowed from Mr.
Welsh : — " 7th January 1797. — Present, ]\Ir. Erskine, President,
— Mr. Brougham, Mr. Reddie, Mr. Bro^vn, Mr. Birbeck, Air.
Ley den," &c. who were afterwards joined by Lord Webb Seymour,
Messrs. Horner, Jeffrey, Sydney Smith, &c. Mr. Erskine, who
thus appears at the head of so remarkable an association, and whom
difiidence and untoward circumstances have hitherto withheld
from the full manifestation of his powers, continued to be the
bosom friend of Brown to the last. He has shown the constancy
of his friendship for others by converting all his invaluable jn-e-
parations for a translation of Sultan Baber's Commentaries (per-
haps the best, certainly the most European work of modem
Eastern prose) into the means of completing the imperfect attempt
of Leyden, with a regard equally generous to the fame of his early
friend, and to the comfort of that friend's surviving relations.
The review of Baber's Commentaries, by M. Silvestre de Sacy,
in the Journal des Savans for May and June 1829, is perhaps one
of the best specimens extant of the value of literary commenda-
tion! wheu it is bestowed with conscientious calmness, and without
234 DISSERTATION ON THE PROGRESS
The character of Dr. Brown is very attractive, as
an example of one in v^hom the utmost tenderness of
affection, and the indu^^ence of a flowery fancy, were
not repressed by thw highest cultivation, and by a
perhaps excessive refinement of intellect. His mind
soared and roamed through every region of philosophy
and poetry ; but his untravelled heart clung to the
hearth of his father, to the children who shared it
with him, and after them, first to the other partners of
his childish sports, and then almost solely to those
companions of his youthful studies who continued to
be the friends of his life. Speculation seemed to keep
his kindness at home. It is observable, that though
sparkling with fancy, he does not seem to have been
deeply or durably touched by those affections which
are lighted at its torch, or at least tinged with its
colours. His heart sought little abroad, but con-
tentedly dwelt in his family and in his study. He was
one of those men of genius who repaid the tender care
of a mother by rocking the cradle of her reposing
age. He ended a life spent in searching for truth,
and exercising love, by desiring that he should be
buried in his native parish, with his " dear father
and mother." Some of his delightful qualities were
perhaps hidden from the casual observer in general
society, by the want of that perfect simplicity of
manner which is doubtless their natural representa-
tive. Manner is a better mark of the state of a mind,
than those large and deliberate actions which form
what is called conduct ; it is the constant and in-
sensible transpiration of character. In serious acts a
man may display himself; in the thousand nameless
acts which compose manner, the mind betrays its
habitual bent. But manner is then only an index of
a suspicion of bias, by one of the greatest orientalists, in a case
where he pronounces every thing to have been done by Mr.
Erskine " which could have been performed by the most learned
and the most scrupulously conscientious of editors and translators."
OF ETEnCAL PHILOSOPHY.' 235
disposition, when it is that of men who live at ease
in the intimate familiarity of friends and equals. It
may be diverted from simplicity by causes which do
not reach so deep as the character ; — by bad models,
or by a restless and wearisome anxiety to shine,
arising from many circumstances, — none of which
are probably more common than the unseasonable
exertions of a recluse student in society, and the un-
fortunate attempts of some others, to take by violence
the admiration of those with whom they do not asso-
ciate with ease. The association with unlike or su-
perior companions which least distorts manners, is
that which takes place with those classes whose secure
dignity generally renders their own manners easy, —
with whom the art of pleasing or of not displeasing
each other in society is a serious concern, — who
have leisure enough to discover tlie positive and nega-
tive parts of the smaller moralities, and who, being
trained to a watchful eye on what is ludicrous, apply
the lash of ridicule to affectation, the most ridiculous
of faults. The busy in every department of life are
too respectably occupied to form these manners : they
are the frivolous work of polished idleness ; and
perhaps their most serious value consists in the war
which they wage against affectation, — though even
there they betray their origin in punishing it, not as
a deviation from nature, but as a badge of vulgarity.
The prose of Dr. Brown is brilliant to excess : it
must not be denied that its beauty is sometimes
womanly, — that it too often melts down precision into
elegrance, — that it buries the main idea under a load
of illustration, of which every part is expanded and
adorned with such visible labour, as to withdraw the
mind from attention to the thoughts which it pro-
fesses to introduce more easily into the understanding.
It is darkened by excessive brightness; it loses ease
and liveliness by over-dress ; and, in the midst of its
luscious sweetness, we wish for the striking and
homely illustrations of Tucker, and for the pithy and
236 DISSERTATION ON THE PROGRESS
sinewy sense of Palej ; — either of whom, by a single
short metaphor from a familiar, perhaps a low object,
could at one blow set the two worlds of Reason and
Fancy in movement.
It would be unjust to censure severely the decla-
matory parts of his Lectures : they are excusable in
the first warmth of composition ; they might even be
justifiable allurements in attracting young hearers to
abstruse speculations. Had he lived, he would pro-
bably have taken his thoughts out of the declamatory
forms of spoken address, and given to them the ap-
pearance, as well as the reality, of deep and subtile
discussion. The habits, indeed, of so successful a
lecturer, and the natural luxuriance of his mind,
could not fail to have somewhat affected all his com-
positions ; but though he might still have fallen short
of simplicity, he certainly would have avoided much
of the diffusion, and even common -place, which hang
heavily on original and brilliant thoughts : for it must
be owned, that though, as a thinker, he is unusually
original, yet when he falls among the declaimers, he
is infected by their common-places. In like manner,
he would assuredly have shortened, or left out, many
of the poetical quotations which he loved to recite,
and which hearers even beyond youth hear with
delight. There are two very different sorts of pas-
sages of poetry to be found in works on philosophy,
which are as far asunder from each other in value as
in matter. A philosopher will admit some of those
wonderful lines or words which bring to light the
infinite varieties of character, the furious bursts or
wily workings of passion, the winding approaches of
temptation, the slippery path to depravity, the beauty
of tenderness, and the grandeur of what is awful and
holy in Man. In every such quotation, the moral
philosopher, if he be successful, uses the best materials
of his science ; for what are they but the results of
experiment and observation on the human heart, per-
formed by artists of far other skill and power than
OF ETHICAL PHILOSOPHY. 237
his? They are facts which could have only been
ascertained by Homer, by Dante, by Shakspeare, by
Cervantes, by Milton. Every year of admiration
since the unknown period when the Iliad first gave
delight, has extorted new proofs of the justness of the
picture of human nature, from the responding hearts
of the admirers. Every strong feeling which these
masters have excited, is a successful repetition of
their original experiment, and a continually growing
evidence of the greatness of their discoveries. Quo-
tations of this nature may be the most satisfactory,
as well as the most delightful, proofs of philosophical
positions. Others of inferior merit are not to be in-
terdicted : a pointed maxim, especially when familiar,
pleases, and is recollected. I cannot entirely conquer
my passion for the Roman and vStoical declamation of
some passages in Lucan and Akenside : but quota-
tions from those who have written on philosophy in
verse, or, in otlier words, from those who generally
are inferior philosophers, and voluntarily deliver their
doctrines in the most disadvantageous form, seem to
be unreasonable. It is agreeable, no doubt, to the
philosopher, and still more to the youthful student, to
meet his abstruse ideas clothed in the sonorous verse
of Akenside ; the surprise of the unexpected union of
verse with science is a very lawful enjoyment : but
such slight and momentary pleasures, though they
may tempt the writer to display them, do not excuse
a vain effort to obtrude them on the sympathy of the
searcher after truth in after-times. It is peculiarly
unlucky that Dr. Brown should have sought supposed
ornament from the moral common-places of Thomson,
rather than from that illustration of philosophy which
is really to be found in his picturesque strokes.
Much more need not be said of Dr. Brown's own
poetry, — somewhat voluminous as it is, — than that it
indicates fancy and feeling, and rises at least to the
rank of an elegant accomplishment. It may seem a
paradox, but it appears to me that he is really most
238 DISSERTATION ON THE PROGRESS
poetical in those poems and passages which have
the most properly metaphysical character. For every
varied form of life and nature, when it is habitually-
contemplated, may inspire feeling ; and the just re-
presentation of these feelings may be poetical. Dr.
Brown observed Man, and his wider world, with the
eye of a metaphysician ; and the dark results of such
contemplations, when he reviewed them, often filled
his soul with feelings which, being both grand and
melancholy, were truly poetical. Unfortunately, how-
ever, few readers can be touched with fellow-feelings.
He sings to few, and must be content with sometimes
moving a string in the soul of the lonely visionary,
who, in the day-dreams of youth, has felt as well as
meditated on the mysteries of nature. His heart has
produced charming passages in all his poems ; but,
generally speaking, they are only beautiful works of
art and imitation. The choice of Akenside as a
favourite and a model may, without derogation from
the writer, be considered as no proof of a poetically
formed mind,* There is more poetry in many single
lines of Cowper than in volumes of sonorous verses
such as Akenside's. Philosophical poetry is very
different from versified philosophy : the former is
the highest exertion of genius ; the latter cannot be
ranked above the slighter amusements of ingenuity.
Dr. Brown's poetry was, it must be owned, composed
either of imitations, which, with some exceptions, may
be produced and read without feeling, or of effusions
of such feelings only as meet a rare and faint echo in
the human breast.
A few words only can here be bestowed on the
intellectual part of his philosophy. It is an open
* His accomplished friend Mr. Erskine confesses that Brown's
poems " are not written in the language of plain and gross emotion.
The string touched is too delicate for general sympathy. They
are in an unknown tongue to one half " (he might have said
nineteen twentieths) " of the reading part of the community." —
Welsh's Life of Brown, p. 43L
OF ETHICAL PHILOSOPHY. 239
revolt against tlie authority of Reid ; and by a
curious concurrence, he began to lecture nearly at
the moment when the doctrines of that philosopher
came to be taught with applause in France. Mr.
Stewart had dissented from the language of Reid, and
had widely departed from his opinions on several
secondary theories : Dr. Brown rejected them en-
tirely. He very justly considered the claim of Reid
to the merit of detecting the universal delusion which
had betrayed philosophers into the belief that ideas
which were the sole objects of knowledge had a se-
parate existence, as a proof of his having mistaken
their illustrative language for a metaphysical opinion* ;
but he does not do justice to the service which Reid
really rendered to mental science, by keeping the
attention of all future speculators in a state of more
constant watchfulness against the transient influence
of such an illusion. His choice of the term " feeling "f,
to denote the operations which we usually refer to
the Understanding, is evidently too wide a departure
from its ordinary use, to have any probability of
general adoption. No definition can strip so familiar
a word of the thoughts and emotions which have so
long accompanied it, so as to fit it for a technical
term of the highest abstraction. If we can be said
to have a feeling " of the equality of the angle of
forty-five to half the angle of ninety degrees," |
we may call Geometry and Arithmetic sciences of
" feeling." He has very forcibly stated the necessity of
assuming " tlie primary universal intuitions of direct
belief,^' which, in their nature, are incapable of all
proof. They seem to be accurately described as
notions which cannot be conceived separately, but
without which nothing can be conceived. They are
not only necessary to reasoning and to belief, but to
thought itself. It is equally impossible to prove or
* Brown's Lectures, voL ii. pp. 1 — 49. f Ibid. vol. I p. 220.
X Ibid. vol. i. p. 222.
240 DISSERTATION ON THE PROGRESS
to disprove tliem. He has very justly blamed the
school of Reid for " an extravagant and ridiculous "
multiplication of those principles which he truly
represents as inconsistent with sound philosophy.
To philosophise is indeed nothing more than to sim-
plify securely.*
The substitution of " suggestion" for the former
phrase of " association of ideas," would hardly deserve
notice in so cursory a view, if it had not led him to a
serious misconception of the doctrines and deserts of
other philosophers. The fault of the latter phrase is
rather in the narrowness of the last than in the in-
adequacy of the first word. " Association " presents the
fact in the light of a relation between two mental acts :
"suggestion" denotes rather ih^poiver of the one to call
up the other. But whether we say that the sight of
ashes "suggests" fire, or that the ideas of fire and ashes
are "associated," we mean to convey the same fact, and
in both cases, an exact thinker means to accompany
the fact with no hypothesis. Dr. Brown has supposed
the word " association " as intended to afiirm that there
is some "intermediate process" f between the ori-
ginal succession of the mental acts and the power
which they acquired therefrom of calling up each
other. This is quite as much to raise up imaginary
antagonists for the honour of conquering them, as he
justly reprehends Dr. Reid for doing in the treatment
of preceding philosophers. He falls into another
more important and unaccountable error, in repre-
senting his own reduction of Mr. Hume's principles
* Dr. Brown always expresses himself best where he is short
and familiar. " An hypothesis is nothing more than a reason for
making one experiment or observation rather than another." —
Lectures, vol. i. p. 170. In 1812, as the present writer observed
to him that Reid and Hume diftered more in words than in opinion,
he answered, " Yes, Keid bawled out, we must believe an outward
world, but added in a whisper, we can give no reason for our
belief : Hume cries out, we can give no reason for such a notion,
and whispers, I own we cannot get rid of it."
f Ibid. vol. ii. pp. 335—347.
OF ETHICAL PHILOSOPHY. 241
of association ( — resemblance, contrariety, causation,
contiguity in time or place) to the one principle of
contiguity, as a discovery of his own, by which his
theory is distinguished from " the universal opinion
of philosophers."* Nothing but too exclusive a con-
sideration of the doctrines of the Scottish school
could have led him to speak thus of what was hinted
by Aristotle, distinctly laid down by Hobbes, and
fully unfolded both by Hartley and Condillac. He
has, however, extremely enlarged the proof and the
illustration of this law of mind, by the exercise of " a
more subtile analysis" and the disclosure of " a finer
species of proximity." f As he has thus aided and
confirmed, though he did not discover, the general law,
so he has rendered a new and very important service
to mental science, by drawing attention to what he
properly calls " secondary laws of Suggestion "| or
Association, which modify the action of the general
law, and must be distinctly considered, in order to
explain its connection with the phenomena. The
enumeration and exposition are instructive, and the
example is worthy of commendation. For it is in this
lower region of the science that most remains to be
discovered ; it is that which rests most on observation,
and least tempts to controversy : it is by improvements
in this part of our knowledge that the foundations are
secured, and the whole building so repaired as to rest
steadily on them. The distinction of common lan-
guage between the head and the heart, which, as we
have seen, is so often overlooked or misapplied by
metaphysicians, is, in the system of Brown, signified
by the terms " mental states " and " emotions." It
is unlucky that no single word could be found for the
former, and that the addition of the generic term
" feeling " should disturb its easy comprehension, when
it is applied more naturally.
* Lectures, vol. ii. p. 349. f ll^i^* "^'O^- ii- p. 218.
X Ibid, vol ii. p. 270.
VOL. T. R
242 DISSERTATION ON THE PROGRESS
In our more proper province Brown followed Butler
(who appears to have been chiefly known to him
through the writings of Mr. Stewart), in his theory
of the social affections. Their disinterestedness is
enforced by the arguments of both these philosophers,
as well as by those of Hutcheson.* It is observable,
however, that Brown applies the principle of Sug-
gestion, or Association, boldly to this part of human
nature, and seems inclined to refer to it even Sympathy
itself. I It is hard to understand how, with such a
disposition on the subject of a principle so generally
thought ultimate as Sympathy, he should, inconsistently
with himself, follow Mr. Stewart in representing the
theory which derives the affections from Association
as " a modification of the Selfish system." | He mis-
takes that theory when he states, that it derives the
affections from our experience that our own interest
is connected with that of others ; since, in truth, it
considers our regard to our own interest as formed
from the same original pleasures by association, which,
by the like process, may and do directly generate
affections towards others, without passing through
the channel of regard to our general happiness. But,
says he, this is only an hypothesis, since the formation
of these affections is acknowledged to belong to a time
of which there is no remembrance § ; — an objection
fatal to every theory of any mental functions, — sub-
versive, for example, of Berkeley's discovery of ac-
quired visual perception, and most strangely incon-
sistent in the mouth of a philosopher whose numerous
simplifications of mental theory are and must be
founded on occurrences which precede experience.
It is in all other cases, and it must be in this, sufficient
that the principle of the theory is really existing, —
that it explains the appearances, — that its supposed
action resembles what we know to be its action in
* Lectures, vol. iii. p. 248. f Ibid. vol. iv. p. 82.
% Ibid. vol. iii. p. 282. § Ibid. vol. iv. p. 87.
OF ETHICAL PHILOSOrHT. 243
those similar cases of which we have direct experience.
Lastly, he in express words admits that, according to
the theory to which he objects, we have affections
which are at present disinterested.* Is it not a direct
contradiction in terms to call such a theory " a modi-
fication of the Selfish system ? " His language in the
sequel clearly indicates a distrust of his own state-
ment, and a suspicion that he is not only inconsistent
with himself, but altogether mistaken.f
As we enter further into the territory of Ethics,
we at length discover a distinction, originating with
Brown, the neglect of which by preceding speculators
we have more than once lamented as productive of
obscurity and confusion. " The moral affections,"
says he, "which I consider at present, I consider
rather physiologically" (or, as he elsewhere better
expresses it, "psychologically") "than ethically, os
parts of our mental constitution^ not as involving the
fuljilment or violation of duties.^'' t lie immediately,
however, loses sight of this distinction, and reasons
inconsistently with it, instead of following its proper
consequences in his analysis of Conscience. Perhaps,
indeed (for the words are capable of more than one
sense), he meant to distinguish the virtuous affec-
tions from those sentiments which have Morality
exclusively in view, rather than to distinguish the
theory of Moral Sentiment from the attempt to as-
certain the characteristic quality of right action.
Friendship is conformable in its dictates to Morality ;
but it may, and does exist, without any view to it :
he who feels the affections, and performs the duties
of friendship, is the object of that distinct emotion
which is called "moral approbation."
It is on the subject of Conscience that, in imitation
of Mr. Stewart, and with the arguments of that phi-
losopher, he makes his chief stand against the theory
* Lectures, vol. iv. p. 87. f Pnd. vol. iv. pp. 94 — 97.
X Ibid. vol. iii. p. 231.
R 2
244 DISSERTATION ON THE PROGRESS
wliich considers the formation of that master faculty
itself as probably referable to the necessary and uni-
versal operation of those laws of human nature to
which he himself ascribes almost every other state of
mind. On both sides of this question the supremacy
of Conscience is alike held to be venerable and abso-
lute. Once more, be it remembered that the question
is purely philosophical, and is only whether, from the
impossibility of explaining its formation by more
general laws, we are reduced to the necessity of con-
sidering it as an original fact in human nature, of
which no further account can be given. Let it, how-
ever, be also remembered, that we are not driven to
this supposition by the mere circumstance, that no
satisfactory explanation has yet appeared ; for there
are many analogies in an unexplained state of mind
to states already explained, which may justify us in
believing that the explanation requires only more ac-
curate observation, and more patient meditation, to
be brought to that completeness which it probably
will attain.
SECTION vn.
GENERAL REMARKS.
The oft-repeateji warning with which the foregoing
section concluded being again premised, it remains that
we should offer a few observations, which naturally
occur on the consideration of Dr. Brown's argument
in support of the proposition, that moral approbation
is not only in its mature state independent of, and
superior to, any other principle of human nature
(regarding which there is no dispute), but that its
origin is altogether inexplicable, and that its existence
is an ultimate fact in mental science. Though these
observations are immediately occasioned by the writ-
OF ETHICAL PHILOSOPHY. 245
ings of Brown, tliey are yet, in the main, of a general
nature, and might have been made without reference
to any particular writer.
The term " suggestion," which might be inoffensive
in describing merely intellectual associations, becomes
peculiarly unsuitable when it is apj)lied to those com-
binations of thought with emotion, and to those unions
of feeling which compose the emotive nature of Man.
Its common sense of a sign recalling the thing sig-
nified, always embroils the new sense vainly forced
upon it. No one can help owning that if it were
consistently pursued, so as that we were to speak of
"suggesting a feeling" or "passion," the language
would be universally thought absurd. To "suggest
love" or "hatred" is a mode of expression so mani-
festly incongruous, that most readers would choose to
understand it as suggesting reflections on the subject
of these passages. "Suggest" would not commonly
be understood as synonymous with "revive" or " re-
kindle." Defects of the same sort may indeed be found
in the parallel phrases of most, if not all, philosophers;
and all of them proceed from the erroneous but pre-
valent notion, that the law of Association produces
only such a close union of a thought and a feeling, as
gives one tlie power of reviving the other ; — the truth
being that it forms them into a new compound, in
which the properties of the component parts are no
longer discoverable, and which may itself become a
substantive principle of human nature. They sup-
posed the condition, produced by the power of that
law, to resemble that of material substances in a state
of mechanical separation ; whereas in reality it may
be better likened to a chemical combination of the
same substances, from which a totally new product
arises. Their language involves a confusion of the
question which relates to the origin of the principles
of human activity, with the other and far more im-
portant question which relates to their nature; and
R 3
246 DISSERTATION ON THE PROGRESS
as soon as this distinction is hidden, the theorist is
either betrayed into the Selfish system by a desire of
clearness and simplicity, or tempted to the needless
multiplication of ultimate facts by mistaken anxiety
for what he supposes to be the guards of our social
and moral nature. The defect is common to Brown
with his predecessors, but in him it is less excusable ;
for he saw the truth and recoiled from it. It is the
main defect of the term "association" itself, that it
does not, till after long use, convey the notion of a
perfect union, but rather leads to that of a combina-
tion which may be dissolved, if not at pleasure, at
least with the help of care and exertion ; which is
utterly and dangerously false in the important cases
where such unions are considered as constituting the
most essential principles of human nature. Men can
no more dissolve these unions than they can dis-
use their habit of judging of distance by the eye, and
often by the ear. But " suggestion " implies, that
what suggests is separate from what is suggested, and
consequently negatives that unity in an active prin-
ciple which the whole analogy of nature, as well as
our own direct consciousness, shows to be perfectly
compatible with its origin in composition.
Large concessions are, in the first place, to be re-
marked, which must be stated, because they very
much narrow the matter in dispute. Those who, be-
fore Brown, contended against "beneficial tendency"
as the standard of Morality, have either shut their
eyes on the connection of Virtue with general utility,
or carelessly and obscurely allowed, without further
remark, a connection which is at least one of the
most remarkable and important of ethical facts. He
acts more boldly, and avowedly discusses " the rela-
tion of Virtue to Utility." He was compelled by that
discussion to make those concessions which so much
abridge this controversy. " Utility and Virtue are so
related, that there is perhaps no action generally felt
to be virtuous, which it would not be beneficial that
OF ETHICAL PHILOSOPHY. 247
all men in similar circumstances should imitate."*
"In every case of benefit or injury willingly done,
there arise certain emotions of moral approbation or
disapprobation." f "The intentional produce of evil,
as pure evil, is always hated, and that of good, as
pure good, always loved." | All virtuous acts are thus
admitted to be universally beneficial ; Morality and the
general benefit are acknowledged always to coincide.
It is hard to say, then, why they should not be reci-
procally tests of each other, though in a very different
way; — the virtuous feelings, fitted as they are by im-
mediate appearance, by quick and powerful action, to
be sufficient tests of Morality in the moment of action,
and for all practical purposes ; while the consideration
of tendency of those acts to contribute to general
happiness, a more obscure and slowly discoverable
quality, should be applied in general reasoning, as a
test of the sentiments and dispositions themselves. In
cases where such last-mentioned test has been applied,
no proof has been attempted that it has ever deceived
those who used it in the proper place. It has uniformly
served to justify our moral constitution, and to show
how reasonable it is for us to be guided in action by
our higher feelings. At all events it should be, but
has not been considered, that from these concessions
alone it follows, that beneficial tendency is at least one
constant property of Virtue. Is not this, in effect, an
admission that beneficial tendency does distinguish
virtuous acts and dispositions from those which we
call vicious? If the criterion be incomplete or de-
* Lectures, vol. iv. p. 45. The unphilosophical word " per-
haps " must be struck out of the proposition, unless the whole be
considered as a mere conjecture ; it limits no affirmation, but
destroys it, by converting it into a guess. Sec the like concession,
vol. iv. p. 33,, with some words interlarded, which betray a sort
of reluctance and fluctuation, indicative of the difficulty with
which Brown struggled to withhold his assent from truths which
he unreasonably dreaded.
t Ibid. vol. i'ii. p. 567. t Ibid. vol. iii. p. 621.
R 4
248 DISSERTATION ON THE PROGRESS
lusive, let its faults be specified, and let some other
quality be pointed out, which, either singly or in com-
bination with beneficial tendency, may more perfectly
indicate the distinction. But let us not be assailed
by arguments which leave untouched its value as a
test, and are in truth directed only against its fitness
as an immediate incentive and guide to right action.
To those who contend for its use in the latter cha-
racter, it must be left to defend, if they can, so un-
tenable a position : but all others must regard as pure
sophistry the use of arguments against it as a test,
which really show nothing more than its acknow-
ledged unfitness to be a motive.
When voluntary benefit and voluntary injury are
pointed out as the main, if not the sole objects of moral
approbation and disapprobation, — when we are told
truly, that the production of good, as good, is always
loved, and that of evil, as such, always hated, can we
require a more clear, short, and unanswerable proof,
that beneficial tendency is an essential quality of
Virtue ? It is indeed an evidently necessary conse-
quence of this statement, that if benevolence be
amiable in itself, our affection for it must increase
with its extent, and that no man can be in a per-
fectly right state of mind, who, if he consider general
happiness at all, is not ready to acknowledge that a
good man must regard it as being in its own nature
the most desirable of all objects, however the consti-
tution and circumstances of human nature may render
it unfit or impossible to pursue it directly as the object
of life. It is at the same time apparent that no such
man can consider any habitual disposition, clearly
discerned to be in its whole result at variance with
general happiness, as not unworthy of being culti-
vated, or as not fit to be rooted out. It is manifest
that, if it were otherwise, he would cease to be bene-
volent. As soon as we conceive the sublime idea of
a Being who not only foresees, but commands, all the
consequences of the actions of all voluntary agents,
OF ETHICAL PHILOSOPHY. 249
this scheme of reasoning appears far more clear. In
such a case, if our moral sentiments remain the same,
they compel us to attribute His whole government
of the world to benevolence. The consequence is as
necessary as in any process of reason ; for if our moral
nature be supposed, it will appear self-evident, that it
is as much impossible for us to love and revere such a
Being, if we ascribe to Him a mixed or imperfect
benevolence, as to believe the most positive contra-
diction in terms. Now, as Religion consists in that
love and reverence, it is evident that it cannot subsist
without a belief in benevolence as the sole principle
of divine government. It is nothing to tell us that
this is not a process of reasoning, or, to speak more
exactly, that the first propositions are assumed. The
first propositions in every discussion relating to intel-
lectual operations must likewise be assumed. Con-
science is not Reason, but it is not less an essential
part of human nature. Principles Avhich are essential
to all its operations are as much entitled to immediate
and implicit assent, as those principles which stand
in the same relation to the reasoning faculties. The
laws prescribed by a benevolent Being to His crea-
tures must necessarily be founded on the principle
of promoting their happiness. It would be singuhir
indeed, if the proofs of the goodness of God, legible in
every part of Nature, should not, above all others, be
most discoverable and conspicuous in the beneficial
tendency of His moral laws.
But we are asked, if tendency to general welfiire be
the standard of Virtue, why is it not always present
to the contemplation of every man who docs or prefers
a virtuous action ? Must not Utility be in that case
" the felt essence of Virtue ? " * Why are other ends,
besides general happiness, fit to be morally pursued ?
These questions, which are all founded on that con-
fusion of the theory of actions with the theory of
♦ Lectures, vol. iv. p. 33.
250 DISSERTATION ON THE PROGRESS
sentiments, against which the reader was so early-
warned*, might be dismissed with no more than a re-
ference to that distinction, from the forgetfulness of
which they have arisen. By those advocates of the
principle of Utility indeed, who hold it to be a neces-
sary part of their system, that some glimpse at least
of tendency to personal or general well-being is an
essential part of the motives which render an action
virtuous, these questions cannot be satisfactorily an-
sv^^ered. Against such they are arguments of irre-
sistible force ; but against the doctrine itself, rightly
understood and justly bounded, they are altogether
powerless. The reason why there may, and must be
many ends morally more fit to be pursued in practice
than general happiness, is plainly to be found in the
limited capacity of Man. A perfectly good Being,
who foresees and commands all the consequences of
action, cannot indeed be conceived by us to have any-
other end in view than general well-being. Why evil
exists under that perfect government, is a question
towards the solution of which the human understand-
ing can scarcely advance a single step. But all who
hold the evil to exist only for good, and own their in-
ability to explain why or how, are perfectly exempt
from any charge of inconsistency in their obedience
to the dictates of their moral nature. The measure
of the faculties of Man renders it absolutely necessary
for him to have many other practical ends ; the pur-
suit of all of which is moral, when it actually tends to
general happiness, though that last end never entered
into the contemplation of the agent. It is impossible
for us to calculate the eifects of a single action, any
more than the chances of a single life. But let it not
be hastily concluded, that the calculation of conse-
quences is impossible in moral subjects. To calculate
the general tendency of every sort of human action,
is a possible, easy, and common operation. The ge-
* See supra, p. 14,
OF ETHICAL PHILOSOPHY. 251
neral good effects of temperance, prudence, fortitude,
justice, benevolence, gratitude, veracity, fidelity, of
the affections of kindred, and of love for our country,
are the subjects of calculations which, taken as gene-
ralities, are absolutely unerring. They are founded
on a larger and firmer basis of more uniform experi-
ence, than any of those ordinary calculations which
govern prudent men in the whole business of life. An
appeal to these daily and familiar transactions fur-
nishes at once a decisive answer, both to those advo-
cates of Utility who represent the consideration of it
as a necessary ingredient in virtuous motives, as well
as moral approbation, and to those opponents who
turn the unwarrantable inferences of unskilful advo-
cates into proofs of the absurdity into which the doc-
trine leads.
The cultivation of all the habitual sentiments from
which the various classes of virtuous actions flow, the
constant practice of such actions, the strict observ-
ance of rules in all that province of Ethics which can
be subjected to rules, the watchful care of all the out-
works of every part of duty, and of that descending
series of useful habits which, being securities to
Virtue, become themselves virtues, — are so many ends
which it is absolutely necessary for man to pursue and
to seek for their own sake. " I saw D'Alembert," says
a very late writer, " congratulate a young man very
coldly, who brought him a solution of a problem. The
young man said, 'I have done this in order to have
a seat in the Academy.' 'Sir,' answered D'Alem-
bert, 'with such dispositions you never Avill earn one.
Science must be loved for its own sake, and not for
the advantage to be derived. No other principle will
enable a man to make progress in the sciences.'"* It
is singular that D'Alembert should not perceive the
extensive application of this truth to the whole nature
of ]\Ian. No man can make progress in a virtue who
* Memoires de Montlosicr, vol. i. p. 50.
252 DISSERTATION ON THE PROGRESS
does not seek it for its own sake. No man is a friend,
a lover of his country, a kind father, a dutiful son,
who does not consider the cultivation of affection and
the performance of duty in all these cases respec-
tively, as incumbent on him for their own sake, and
not for the advantage to be derived from them. Who-
ever serves another with a view of advantage to him-
self is universally acknowledged not to act from
affection. But the more immediate application of this
truth to our purpose is, thai in the case of those
virtues which are the means of cultivating and pre-
serving other virtues, it is necessary to acquire love
and reverence for the secondary virtues for their own
sake, without which they never will be effectual means
of sheltering and strengthening those intrinsically
higher qualities to which they are appointed to minis-
ter. Every moral act must be considered as an end,
and men must banish from their practice the regard
to the most naturally subordinate duty as a means.
Those who are perplexed by the supposition that
secondary virtues, making up by the extent of their
beneficial tendency for what in each particular in-
stance they may want in magnitude^ may become of as
great importance as the primary virtues themselves,
would do well to consider a parallel though very
homely case. A house is useful for many purposes :
many of these purposes are in themselves, for the time,
more important than shelter. The destruction of the
house may, nevertheless, become a greater evil than
the defeat of several of these purposes, because it is
permanently convenient, and indeed necessary to the
execution of most of them. A floor is made for
warmth, for dryness, — to support tables, chairs, beds,
and all the household implements which contribute to
accommodation and to pleasure. The floor is valuable
only as a means; but, as the only means by which
many ends are attained, it maybe much more valuable
than some of them. The table might be, and generally
is, of more valuable timber than the floor; but the
OF ETHICAL PHILOSOPHY. 253
•workman who should for that reason take more pains
in making the table strong, than the floor secure,
would not long be employed by customers of common
sense.
Tne connection of that part of Morality which re-
gulates the intercourse of the sexes with benevolence,
affords the most striking instance of the very great
importance which may belong to a virtue, in itself
secondary, but on which the general cultivation of the
highest virtues permanently depends. Delicacy and
modesty may be thought chiefly worthy of cultivation,
because they guard purity ; but they must be loved for
their own sake, without which they cannot flourish.
Purity is the sole school of domestic fidelity, and do-
mestic fidelity is the only nursery of the affections
between parents and children, from children towards
each other, and, through these affections, of all the
kindness which renders the Avorld habitable. At each
step in the progress, the appropriate end must be
loved for its own sake ; and it is easy to see how the
only means of sowing the seeds of benevolence, in all
its forms, may become of far greater importance than
many of the modifications and exertions even of be-
nevolence itself. To those who will consider this sub-
ject, it will not long seem strange that the sweetest
and most gentle affections grow up only under the
apparently cold and dark shadow of stern duty. The
obligation is strengthened, not weakened, by the consi-
deration that it arises from human imperfection ; which
only proves it to be founded on the nature of man.
It is enough that the pursuit of all these separate ends
leads to general well-being, the promotion of which is
the final purpose of the Creation.
The last and most specious argument against bene-
ficial tendency, even as a test, is conveyed in the
question, Why moral approbation is not bestowed on
every thing beneficial, instead of being confined, as it
confessedly is, to voluntary acts? It may plausibly
be said, that the establishment of the beneficial ten-
254 DISSERTATION ON THE PROGRESS
dency of all those voluntary acts which are the objects
of moral approbation, is not sufficient; — since, if such
tendency be the standard, it ought to follow, that
whatever is useful should also be morally approved.
To answer, as has before been done*, that experience
gradually limits moral approbation and disapprobation
to voluntary acts, by teaching us that they influence
the Will, but are wholly wasted if they be applied to
any other object, — though the fact be true, and con-
tributes somewhat to the result, — is certainly not
enough. It is at best a partial solution. Perhaps, on
reconsideration, it is entitled only to a secondary place.
To seek a foundation for universal, ardent, early, and
immediate feelings, in processes of an intellectual na-
ture, has, since the origin of philosophy, been the
grand error of ethical inquirers into human nature.
To seek for such a foundation in Association, — an
early and insensible process, which confessedly mingles
itself with the composition of our first and simplest
feelings, and which is common to both parts of our
nature, is not liable to the same animadversion. If
Conscience be uniformly produced by the regular and
harmonious co-operation of many processes of asso-
ciation, the objection is in reality a challenge to pro-
duce a complete theory of it, founded on that principle,
by exhibiting such a full account of all these pro-
cesses as may satisfactorily explain why it proceeds
thus far and no farther. This would be a very
arduous attempt, and perhaps it may be premature.
But something may be more modestly tried towards
an outline, which, though it may leave many particu-
lars unexplained, may justify a reasonable expectation
that they are not incapable of explanation, and may
even now assign such reasons for the limitation of
approbation to voluntary acts, as may convert the
objection derived from that fact into a corroboration
of the doctrines to v^^hich it has been opposed as an
* See supra, p, 147.
OF ETHICAL PHLLOSOPHT. 255
insurmountable difficulty. Such an attempt will na-
turally lead to the close of the present Dissertation.
The attempt has indeed been already made*, but not
without great apprehensions on the part of the author
that he has not been clear enough, especially in those
parts which appeared to himself to owe most to his
own reflection. He will now endeavour, at the ex-
pense of some repetition, to be more satisfactory.
There must be primary pleasures, pains, and even
appetites, which arise from no prior state of mind,
and which, if explained at all, can be derived only
from bodily organisation ; for if there were not, there
could be no secondary desires. What the number of
the underived principles may be, is a question to
which the answers of philosophers have been ex-
tremely various, and of which the consideration is
not necessary to our present purpose. The rules ot
philosophising, however, require that causes should
not be multiplied without necessity. Of two expla-
nations, therefore, which give an equally satisfactory
account of appearances, that theory is manifestly to
be preferred which supposes the smaller number of
ultimate and inexplicable principles. This maxim, it
is true, is subject to three indispensable conditions : —
1st, That the principles employed in the explanation
should be known really to exist ; in which consists
the main distinction between hypothesis and theory.
Gravity is a principle universally known to exist ;
ether and a nervous fluid are mere suppositions. —
2dly, That tliese principles should be known to pro-
duce effects like those which are ascribed to them in
the theory. This is a further distinction between
hypothesis and theory; for there are an infinite
number of degrees of likeness, from the f\iint resem-
blances which have led some to fancy that the func-
tions of the nerves depend on electricity, to the
remarkable coincidences between the appearances of
• See supra, p. 167. et seq.
256 DISSERTATION ON THE PROGRESS
projectiles on earth, and the movements of the
heavenly bodies, which constitutes the Newtonian
system, — a theory now perfect, though exclusively
founded on analogy, and in which one of the classes
of phenomena brought together by it is not the subject
of direct experience. — 3dly, That it should corre-
spond, if not with all the facts to be explained, at least
with so great a majority of them as to render it
highly probable that means will in time be found of
reconciling it to all. It is only on this ground that
the Newtonian system justly claimed the title of a
legitimate theory during that long period when it was
unable to explain many celestial appearances, before
the labours of a century, and the genius of Laplace,
at length completed it by adapting it to all the phe-
nomena. A theory may be just before it is complete.
In the application of these canons to the theory
which derives most of the principles of human action
from the transfer of a small number of pleasures,
perhaps organic ones, by the law of Association to a
vast variety of new objects, it cannot be denied, 1st,
That it satisfies the first of the above conditions,
inasmuch as Association is really one of the laws ot
human nature ; 2dly, That it also satisfies the second,
for Association certainly produces efiects like those
which are referred to it by this theory ; — otherwise
there would be no secondary desires, no acquired
relishes and dislikes, — facts universally acknowledged,
which are, and can be explained only by the principle
called by Hobbes " Mental Discourse," — by Locke,
Hume, Hartley, Condillac, and the majority of specu-
lators, as well as in common speech, " Association,"
— by Tucker, " Translation," — and by Brown, " Sug-
gestion." The facts generally referred to the prin-
ciple resemble those which are claimed for it by the
theory in this important particular, that in both cases
equally, pleasure becomes attached to perfectly new
things, — so that the derivative desires become per-
fectly independent on the primary. The great dis-
OF ETHICAL PUILOSOPHY. 257
similarity of these two classes of passions has been
supposed to consist in this, that the former always
regards the interest of the individual, while the latter
regards the welfare of others. The philosophical
world has been almost entirely divided into two sects,
— the partisans of Selfishness, comprising mostly all
the predecessors of Butler, and the greater part of his
successors, and the advocates of Benevolence, who
have generally contended that the reality of Disinte-
restedness depends on its being a primary principle.
Enough has been said by Butler against the more
fatal heresy of Selfishness : something also has already
been said against the error of the advocates of Dis-
interestedness, in the progress of this attempt to
develope ethical truths historically, in the order in
which inquiry and controversy brought them out
with increasing brightness. The analogy of the
material world is indeed faint, and often delusive ;
yet we dare not utterly reject that on which the
whole technical language of mental and moral science
is necessarily grounded. The whole creation teems
with instances where the most powerful agents and
the most lasting bodies are the acknowledged results
of the composition, sometimes of a few, often of many
elements. These compounds often in their turn
become the elements of other substances ; and it is
with them that we are conversant chiefly in the
pursuits of knowledge, and solely in the concerns of
life. No man ever fjincied, that because they were
compounds, they were therefore less real. It is
impossible to confound them with any of the separate
elements which contribute towards their formation.
But a much more close resemblance presents itself:
every secondary desire, or acquired relish, involves in
it a transfer of pleasure to something which was
before indifferent or disagreeable. Is the new plea-
sure the less real for being acquired ? Is it not often
preferred to the original enjoyment ? Are not many
of these secondary pleasures indestructible ? Do not
VOL. L s
258 DISSERTATION ON THE PEOGRESS
many of tliem survive primary appetites ? Lastly, the
important principle of regard to our own general
welfare, which disposes us to prefer it to immediate
pleasure (unfortunately called " Self-love," — as if, in
any intelligible sense of the term " love," it were
possible for a man to love himself), is perfectly in-
telligible, if its origin be ascribed to Association, but
utterly incomprehensible, if it be considered as prior
to the appetites and desires, which alone furnish it
with materials. As happiness consists of satisfactions,
Self-love presupposes appetites and desires which are
to be satisfied. If the order of time were important,
the affections are formed at an earlier period than
many self-regarding passions, and they always precede
the formation of Self-love.
Many of the later advocates of the Disinterested
system, though recoiling from an apparent approach
to the Selfishness into which the purest of their an-
tagonists had occasionally fallen, were gradually
obliged to make concessions to the Derivative system,
though clogged with the contradictory assertion, that
it was only a refinement of Selfishness : and we have
seen that Brown, the last and not the least in genius
of them, has nearly abandoned the greater, though
not indeed the most important, part of the territory
in dispute, and scarcely contends for any underived
principle but the Moral Faculty. This being the state
of opinion among the very small number in Great
Britain who still preserve some remains of a taste for
such speculations, it is needless here to trace the ap-
plication of the law of Association to the formation of
the secondary desires, whether private or social. For
our present purposes, the explanation of their origin
may be assumed to be satisfactory. In what follows,
it must, however, be steadily borne in mind, that this
concession involves an admission that the pleasure
derived form low objects may be transferred to the
most pure, — that from a part of a self-regarding appe-
tite such a pleasure may become a portion of a per-
OF ETHICAL PHILOSOPHY. 259
fectly disinterested desire, — and that the disinterested
nature and absolute independence of the latter are
not in the slightest degree impaired by the consider-
ation, that it is formed by one of those grand mental
processes to which the formation of the other habitual
states of the human mind have been, with great pro-
bability, ascribed.
When the social affections are thus formed, they
are naturally followed in every instance by the will
to do whatever can promote their object. Compas-
sion excites a voluntary determination to do whatever
relieves the person pitied: the like process must
occur in every case of gratitude, generosity, and affec-
tion. Nothing so uniformly follows the kind dispo-
sition as the act of Will, because it is the only means
by which the benevolent desire can be gratified. The
result of what Brown justly calls " a finer analysis,"
shows a mental contiguity of the affection to the
volition to be much closer than appears on a coarser
examination of this part of our nature. No wonder
then, that the strongest association, the most active
power of reciprocal suggestion, should subsist between
them. As all the affections are delightful, so the vo-
litions— voluntary acts* which are the only means
of their gratification — become agreeable objects of
contemplation to the mind. The habitual disposition
to perform them is felt in ourselves, and observed in
others, with satisfaction. As these feelings become
more lively, the absence of them may be viewed in
ourselves with a pain, — in others with an alienation
capable of indefinite increase. They become entirely in-
dependent sentiments, — still, however, receiving con-
stant supplies of nourishment from their parent affec-
tions, — which, in well-balanced minds, reciprocally
strengthen each other; — unlike the unkind passions,
which are constantly engaged in the most angry con-
flicts of civil war. In this state we desire to ex-
perience those beneficent volitions, to cultivate a dis-
position towards them, and to do every correspondent
s 2
260 DISSERTATION ON THE PROGRESS
voluntary act : they are for their own sake the
objects of desire. They thus constitute a large
portion of those emotions, desires, and affections,
which regard certain dispositions of the mind and
determinations of the Will as their sole and ultimate
end. These are what are called the "Moral Sense," the
" Moral Sentiments," or best, though most simply, by
the ancient name of Conscience, — which has the merit,
in our language, of being applied to no other purpose,
— which peculiarly marks the strong working of these
feelings on conduct, — and which, from its solemn and
sacred character, is well adapted to denote the vene-
rable authority of the highest principle of human
nature.
Nor is this all : it has already been seen that not
only sympathy with the sufferer, but indignation
against the wrong-doer, contributes a large and im-
portant share toAvards the moral feelings. We are
angry at those who disappoint our wish for the happi-
ness of others ; we make the resentment of the inno-
cent person wronged our own : our moderate anger
approves all well-proportioned punishment of the
wrong-doer. We hence approve those dispositions
and actions of voluntary agents which promote such
suitable punishment, and disapprove those which
hinder its infliction, or destroy its effect ; at the head
of which may be placed that excess of punishment
beyond the average feelings of good men which turns
the indignation of the calm by-stander against the
culprit into pity. In this state, when anger is duly
moderated, — when it is proportioned to the wrong, —
when it is detached from personal considerations, —
when dispositions and actions are its ultimate objects^
it becomes a sense of justice, and is so purified as to
be fitted to be a new element of Conscience. There is
no part of Morality which is so directly aided by a
conviction of tlie necessity of its observance to the
general interest, as justice. The connection between
them is discoverable by the most common under-
OF ETHICAL PHILOSOPHY. 261
standing. All public deliberations profess the public
welfare to be their object ; all laws propose it as their
end. This calm principle of public utility serves to
mediate between the sometimes repugnant feelings
which arise in the punishment of criminals, bj re-
pressing undue pity on one hand, and reducing re-
sentment to its proper level on the other. Hence
the unspeakable importance of criminal laws as a part
of the moral education of mankind. Whenever they
carefully conform to the Moral Sentiments of the age
and country, — when they are withheld from approach-
ing the limits within which the disapprobation of good
men would confine punishment, they contribute in the
highest degree to increase the ignominy of crimes, to
make men recoil from the first suggestions of crimi-
nality, and to nourish and mature the sense of justice,
which lends new vigour to the conscience with which
it has been united.
Other contributary streams present themselves ;
qualities which are necessary to Virtue, but may be
subservient to Vice, may, independently of that excel-
lence, or of that defect, be in themselves admirable :
courage, energy, decision, are of this nature. In their
wild state they are often savage and destructive :
when they are tamed by the society of the affections,
and trained up in obedience to the Moral Faculty,
they become virtues of the highest order, and, by their
name of "magnanimity," proclaim the general sense
of mankind that they are the characteristic qualities
of a great soul. They retain whatever was admirable
in their unreclaimed state, together with all that they
borrow from their new associate and their high ruler.
Their nature, it must be owned, is prone to evil ; but
this propensity does not hinder them from being ren-
dered capable of being ministers of good, when in a
state where the gentler virtues require to be vigor-
ously guarded against the attacks of daring depravity.
It is thus that the strength of the well-educated ele-
phant is sometimes employed in vanquishing the
S 3
262 DISSERTATION ON THE PROGRESS
fierceness of the tiger, and sometimes used as a means
of defence against the shock of his brethren of the
same species. The delightful contemplation, however,
of these qualities, when purely applied, becomes one
of the sentiments of which the dispositions and actions
of voluntary agents are the direct and final object.
By this resemblance they are associated with the other
moral principles, and with them contribute to form
Conscience, which, as the master faculty of the soul,
levies such large contributions on every province ojf
human nature.
It is important, in this point of view, to consider
also the moral approbation which is undoubtedly be-
stowed on those dispositiojis and actions of voluntary
agents which terminate in their own satisfaction, se-
curity, and well-being. They have been called " duties
to ourselves," as absurdly as a regard to our own greatest
happiness is called " self-love." But it cannot be rea-
sonably doubted, that intemperance, improvidence,
timidity, — even when considered only in relation to
the individual, — are not only regretted as imprudent,
but blamed as morally wrong. It was excellently ob-
served by Aristotle, that a man is not commended as
temperate, so long as it costs him efibrts of self-denial
to persevere in the practice of temperance, but only
when he prefers that virtue for its oivn sake. He is
not meek, nor brave, as long as the most vigorous self-
command is necessary to bridle his anger or his fear.
On the same principle, he may be judicious or prudent,
but he is not benevolent, if he confers benefits with a
view to his own greatest happiness. In like manner,
it is ascertained by experience, that all the masters
of science and of art, — that all those who have suc-
cessfully pursued Truth and Knowledge, love them
for their own sake, without regard to the generally
imaginary dower of interest, or even to the dazzling
crown which Fame may place on their heads.* But
* See the Pursuit of Knowledge under Difficulties, a discourse
OF ETHICAL PHILOSOPHY. 263
it may still be reasonably asked, why these useful
qualities are morally improved, and how they become
capable of being combined with those public and dis-
interested sentiments which principally constitute
Conscience ? The answer is, because they are entirely
conversant with volitions and voluntary actions, and
in that respect resemble the other constituents of Con-
science, with which they are thereby fitted to mingle
and coalesce. Like those other principles, they may
be detached from what is personal and outward, and
fixed on the dispositions and actions, which are the
only means of promoting their ends. The sequence of
these principles and acts of Will becomes so frequent,
that the association between both may be as firm as
in the former cases. All those sentiments of which
the final object is a state of the Will, become thus in-
timately and inseparably blended ; and of that perfect
state of solution (if such words may be allowed) the
result is Conscience — the judge and arbiter of human
conduct — which, though it does not supersede ordi-
nary motives of virtuous feelings and habits (equally
the ordinary motives of good actions), yet exercises a
lawful authority even over them, and ought to blend
with them. Whatsoever actions and dispositions are
approved by Conscience acquire the name of virtues
forming the first part of the third volume of the Library of En-
tertaining Knowledge, London, 1829. The author of this essay,
for it can be no other than ilr. Brougham, will by others be
])laced at the head of those who, in the midst of arduous employ-
ments, and sun-ounded by all the allurements of society, yet find
leisure for exerting the unwearied vigour of their minds in every
mode of rendering permanent service to the human species; more
especially in spreading a love of knowledge, and diffusing useful
truth among all classes of men. These voluntary occupations
deserve our attention still less as examples of prodigious power
than as proofs of an intimate conviction, which binds them by
unity of purpose with his jmblic duties, that (to use the almost
dying words of an excellent person) " man can neither be happy
without virtue, nor actively virtuous without liberty, nor securely
free without rational knowledge." — Close of Sir W. Jones's last
Discovu"se to the Asiatic Society of Calcutta.
s 4
264 DISSERTATION ON THE PROGRESS
or duties : they are pronounced to deserve commenda-
tion ; and we are justly considered as under a moral
obligation to practise the actions and cultivate the
dispositions.
The coalition of the private and public feelings is
very remarkable in two points of view, from which it
seems hitherto to have been scarcely observed. 1st.
It illustrates very forcibly all that has been here
offered to prove, that the peculiar character of the
Moral Sentiments consists in their exclusive reference
to states of JVill, and that every feeling which has
that quality, when it is purified from all admixture
with different objects, becomes capable of being ab-
sorbed into Conscience, and of being assimilated to it,
so as to become a part of it. For no feelings can be
more unlike each other in their object than the private
and the social ; and yet, as both employ voluntary
actions as their sole immediate means, both may be
transferred by association to states of the Will, in
which case they are transmuted into moral sentiments.
No example of the coalition of feelings in their general
nature less widely asunder, could afford so much sup-
port to this position. 2nd. By raising qualities useful
to ourselves to the rank of virtues, it throws a strong
light on the relation of Virtue to individual interest ;
very much as Justice illustrates the relation of Morality
to general interest. The coincidence of Morality with
individual interest is an important truth in Ethics : it
is most manifest in that part of the science which we
are now considering. A calm regard to our general
interest is indeed a faint and infrequent motive of
action. Its chief advantage is, that it is regular, and
that its movements may be calculated. In deliberate
conduct it may often be relied on, though perhaps
never safely without knowledge of the whole temper
and character of the agent. But in moral reasoning
at least, the fore-named coincidence is of unspeakable
advantage. If there be a miserable man who has cold
affections, a weak sense of justice, dim perceptions of
OF ETHICAL PHILOSOPHY. 265
right and Tvrong, and faint feelings of them, — if, still
more wretched, his heart be constantly torn and de-
voured bj malevolent passions — the vultures of the
soul — we have one resource still left, even in cases so
dreadful. Even he still retains a human principle, to
which we can speak : he must own that he has some
wish for his own lasting welfare. \Yc can prove to
him that his state of mind is inconsistent with it. It
may be impossible indeed to show, that while his dis-
position continues the same, he can derive any enjoy-
ment from the practice of virtue : but it may be
most clearly shown, that every advance in the amend-
ment of that disposition is a step towards even tem-
poral happiness. If he do not amend his character,
we may compel him to own that he is at variance
with himself and offends against a principle of which
even he must recognise the reasonableness.
The formation of Conscience from so many elements,
and especially from the combination of elements so
unlike as the private desires and the social affections,
early contributes to give it the appearance of that
simplicity and independence which in its mature state
really distinguish it. It becomes, from these circum-
stances, more difficult to distinguish its separate prin-
ciples; and it is impossible to exhibit them in separate
action. The affinity of these various passions to each
other, which consists in their having no object but
states of the Will, is the only common property which
strikes the mind. Hence the facility with which the
general terms, first probably limited to the relations
between ourselves and others, are gradually extended
to all voluntary acts and dispositions. Prudence and
temperance become the objects of moral approbation.
When imprudence is immediately disapproved by the
by-stander, without deliberate consideration of its con-
sequences, it is not only displeasing, as being pernicious,
but it is blamed as wrong, though with a censure so
much inferior to that bestowed on inhumanity and
injustice, as may justify those writers who use the
266 DISSERTATION ON THE PROGRESS
milder term " improper" At length, when the general
words come to signify the objects of moral approba-
tion, and the reverse, they denote merely the power to
excite feelings, which are as independent as if they
were underived, and which coalesce the more perfectly,
because they are detached from objects so various and
unlike as to render their return to their primitive
state very difficult.
The question*. Why we do not morally approve
the useful qualities of actions which are altogether
involuntary? may now be shortly and satisfactorily
answered : — because Conscience is in perpetual con-
tact, as it were, with all the dispositions and actions
of voluntary agents, and is by that means indissolubly
associated with them exclusively. It has a direct
action on the Will, and a constant mental contiguity
to it. It has no such mental contiguity to involuntary
changes. It has never perhaps been observed, that
an operation of the conscience precedes all acts deli-
berate enough to be in the highest sense voluntary,
and does so as much when it is defeated as when it
prevails. In either case the association is repeated.
It extends to the whole of the active man. All pas-
sions have a definite outward object to which they
tend, and a limited sphere within which they act.
But Conscience has no object but a state of Will ; and
as an act of Will is the sole means of gratifying any
passion. Conscience is co-extensive with the whole man,
and without encroachment curbs or aids every feeling,
— even within the peculiar province of that feeling
itself. As Will is the universal means. Conscience,
which regards Will, must be a universal principle.
As nothing is interposed between Conscience and the
Will Avhen the mind is in its healthy state, the dictate
of Conscience is followed by the determination of the
Will, with a promptitude and exactness which very
naturally is likened to the obedience of an inferior to
* See supra^ p. 253.
OF ETHICAL PHILOSOPHY. 267
the lawful commands of those whom he deems to be
rightfully placed over him. It therefore seems clear,
that on the theory Avhich has been attempted, moral
approbation must be limited to voluntary operations,
and Conscience must be universal, independent, and
commanding.
One remaining difficulty may perhaps be objected
to the general doctrines of this Dissertation, though
it does not appear at any time to have been urged
against other modifications of the same principle.
" J£ moral approbation," it may be said, " involve no
perception of beneficial tendency, whence arises the
coincidence between that principle and the Moral
Sentiments ? " It may seem at first sight, that such
a theory rests the foundation of Morals upon a coinci-
dence altogether mysterious, and apparently capricious
and fantastic. Waiving all other answers, let us at
once proceed to that which seems conclusive. It is
true that Conscience rarely contemplates so distant an
object as the welfare of all sentient beings; — but to
what point is every one of its elements directed?
What, for instance, is the aim of all the social affec-
tions?— Nothing but the production of larger or
smaller masses of happiness among those of our fellow-
creatures who are the objects of these affections. In
every case these affections promote happiness, as fiir
as their foresight and their power extend. What can
be more conducive, or even necessary, to the being and
well-being of society, than the rules of justice? Are
not the angry passions themselves, as far as they are
ministers ot» Morality, employed in removing hinder-
ances to the welfare of ourselves and others, and so in
indirectly promoting it ? The private passions termi-
nate indeed in the happiness of the individual, which,
however, is a part of general happiness, and the ])art
over which we have most power. Every principle of
which Conscience is composed has some portion of
happiness for its object : to that point they all con-
verge. General happiness is not indeed one of the
268 DISSERTATION ON THE PROGRESS
natural objects of Conscience, because our voluntary
acts are not felt and perceived to affect it. But how
small a step is left for Reason ! It only casts up the
items of the account. It has only to discover that
the acts of those who labour to promote separate por-
tions of happiness must increase the amount of the
whole. It may be truly said, that if observation and
experience did not clearly ascertain that beneficial
tendency is the constant attendant and mark of all
virtuous dispositions and actions, the same great truth
would be revealed to us by the voice of Conscience.
The coincidence, instead of being arbitrary, arises
necessarily from the laws of human nature, and the
circumstances in which mankind are placed. We
perform and approve virtuous actions, partly because
Conscience regards them as right, partly because we are
prompted to them by good aifections. All these af-
fections contribute towards general well-being, though
it is not necessary, nor would it be fit, that the agent
should be distracted by the contemplation of that
vast and remote object.
The various relations of Conscience to Religion we
have already been led to consider on the principles of
Butler, of Berkeley, of Paley, and especially of Hart-
ley, who was brought by his own piety to contemplate
as the last and highest stage of virtue and happiness,
a sort of self-annihilation, which, however unsuitable
to the present condition of mankind, yet places in
the strongest light the disinterested character of the
system, of which it is a conceivable, though perhaps
not attainable, result. The completeness«and rigour
acquired by Conscience, when all its dictates are re-
vered as the commands of a perfectly wise and good
Being, are so obvious, that they cannot be questioned
by any reasonable man, however extensive his incre-
dulity may be. It is thus that she can add the
warmth of an affection to the inflexibility of prin-
ciple and habit. It is true that, in examining the
evidence of the divine original of a religious system,
OF ETHICAL PHILOSOPHY. 269
in estimating an imperfect religion, or in compar-
ing the demerits of religions of human origin, hers
must be the standard chiefly applied ; but it follows
•with equal clearness, that those who have the happi-
ness to find satisfaction and repose in divine revelation
are bound to consider all those precepts for the govern-
ment of the Will, delivered by her, which are manifestly
universal, as the rules to which all their feelings and
actions should conform. The true distinction between
Conscience and a taste for moral beauty has already
been pointed out * ; — a distinction which, notwith-
standing its simplicity, has been unobserved by philo-
sophers, perhaps on account of the frequent co-opera-
tion and intermixture of the two feelings. Most
speculators have either denied the existence of the
taste, or kept it out of view in their theory, or exalted
it to the place which is rightfully filled only by Con-
science. Yet it is perfectly obvious that, like all the
other feelings called " pleasures of imagination," it
terminates in delightful contemplation, while the
Moral Faculty always aims exclusively at voluntary
action. Nothing can more clearly show that this last
quality is the characteristic of Conscience, than its
being thus found to distinguish that faculty from the
sentiments which most nearly resemble it, most fre-
quently attend it, and are most easily blended with it.
Some attempt has now been made to develope the
fundamental principles of Ethical theory, in that his-
torical order in which meditation and discussion
brought them successively into a clearer light. That
attempt, as far as it regards Great Britain, is at least
chronologically complete. The spirit of bold specula-
tion, conspicuous among the English of the seven-
teenth century, languished after the earlier part of the
eighteenth, and seems, from the time of Hutcheson, to
* Sec supra, p. 172.
270 DISSERTATIOX ON THE PEOGRESS
have passed into Scotland, where it produced Hume,
the greatest of sceptics, and Smith, the most eloquent
of modern moralists ; besides giving rise to that sober,
modest, perhaps timid philosophy which is commonly-
called Scotch, and which has the singular merit of
having first strongly and largely inculcated the abso-
lute necessity of admitting certain principles as the
foundation of all reasoning, and the indispensable con-
ditions of thought itself. In the eye of the moralist
all the philosophers of Scotland, — Hume and Smith
as much as Reid, Campbell, and Stewart, — have also
the merit of having avoided the Selfish system, and of
having, under v^^hatever variety of representation,
alike maintained the disinterested nature of the social
affections and the supreme authority of the Moral
Sentiments. Brown reared the standard of revolt
against the masters of the Scottish School, and in reality,
still more than in words, adopted those very doctrines
against which his predecessors, after their war against
scepticism, uniformly combated. The law of Associa-
tion, though expressed in other language, became the
nearly universal principle of his system ; and perhaps
it would have been absolutely universal, if he had not
been restrained rather by respectful feelings than by
cogent reasons. With him the love of speculative
philosophy, as a pursuit, appears to have expired in
Scotland. There are some symptoms, yet however
very faint, of the revival of a taste for it among the
English youth : while in France instruction in it has
been received with approbation from M. Royer Col-
lard, the scholar of Stewart more than of Reid, and
with enthusiasm from his pupil and successor M.
Cousin, who has clothed the doctrines of the Schools
of Germany in an unwonted eloquence, which always
adorns, but sometimes disguises them.
The history of political philosophy, even if its ex-
tent and subdivisions were better defined, would ma-
nifestly have occupied another dissertation, at least
equal in length to the present. The most valuable
4
OF ETHICAL rniLOSOPHT. 271
parts of it belong to civil history. It has too much of
the spirit of faction and turbulence infused into it to
be easily combined -with the calmer history of the
progress of Science, or even with that of the revolu-
tions of speculation. In no age of the world were its
principles so interwoven with political events, and so
deej^ly imbued with the passions and divisions excited
by them, as in the eighteenth century.
It was at one time the purpose, or rather perhaps the
hope, of the writer, to close this discourse by an ac-
count of the Ethical systems which have prevailed in
Germany during the last half century ; — which, main-
taining the same sjDirit amidst great changes of tech-
nical language, and even of speculative principle, have
now exclusive possession of Europe to the north of
the Rhine, — have been welcomed by the French youth
with open arms, — have roused in some measure the
languishing genius of Italy, but are still little known,
and unjustly estimated by the mere English reader.
He found himself, however, soon reduced to the neces-
sity of either being superficial, and by consequence
uninstructive, or of devoting to that subject a far
longer time than he can now spare, and a much larger
space than the limits of this work would probably
allow. The majority of readers will, indeed, be more
disposed to require an excuse for the extent of what
has been done, than for the relinquishment of pro-
jected additions. All readers must agree that this
is peculiarly a subject on which it is better to be
silent than to say too little.
A very few observations, however, on the German
philosophy, as far as relates to its ethical bearings and
influence, may perhaps be pardoned. These remarks
are not so much intended to be applied to the moral
doctrines of that school, considered in themselves, as
to those apparent defects in the prevailing systems of
Ethics throughout Europe, which seem to have sug-
gested the necessity of their adoption. Kant has him-
self acknowledged that his whole theory of the perci-
272 DISSERTATION ON THE PROGRESS
pient and intellectual faculty was intended to protect
the first principles of human knowledge against the
assaults of Hume. In like manner, his Ethical system
is evidently framed for the purpose of guarding cer-
tain principles, either directly governing, or power-
fully affecting practice, which seemed to him to have
been placed on unsafe foundations by their advocates,
and which were involved in perplexity and confusion,
especially by those who adapted the results of various
and sometimes contradictory systems to the taste of
multitudes, — more eager to know than prepared to
be taught. To the theoretical Reason the former
superadded the Practical Reason, which had peculiar
laws and principles of its own, from which all the rules
of Morals may be deduced. The Practical Reason can-
not be conceived without these laws ; therefore they
are inherent. It perceives them to be necessary and
universal. Hence, by a process not altogether dissi-
milar, at least in its gross results, to that which was
employed for the like purpose by Cudworth and
Clarke, by Price, and in some degree by Stewart, he
raises the social affections, and still more the Moral
Sentiments, above the sphere of enjoyment, and be-
yond that series of enjoyments which is called happi-
ness. The performance of duty, not the pursuit of
happiness, is in this system the chief end of man. By
the same intuition we discover that Virtue deserves
happiness ; and as this desert is not uniformly so re-
quited in the present state of existence, it compels us
to believe a moral government of the world, and a
future state of existence, in which all the conditions of
the Practical Reason will be realised ; — truths of
which, in the opinion of Kant, the argumentative
proofs were at least very defective, but of which the
revelations of the Practical Reason afforded a more
conclusive demonstration than any process of reason-
ing could supply. The Understanding, he owned, saw
nothing in the connection of motive with volition dif-
ferent from what it discovered in every other uniform
OF ETHICAL PHILOSOPHY. 273
sequence of a cause and an effect. But as the moral law
delivered by the Practical Reason issues peremptory
and inflexible commands, the power of always obeying
them is implied in their very nature. All individual
objects, all outward things, must indeed be viewed in
the relation of cause and effect : these last are necessary
conditions of all reasoning. But the acts of the faculty
which wills, of which we are immediately conscious,
belong to another province of mind, and are not sub-
ject to these laws of the theoretical Eeason. The
mere intellect must still regard them as necessarily
connected ; but the Practical Reason distinguishes its
own liberty from the necessity of nature, conceives
volition without at the same time conceiving an ante-
cedent to it, and regards all moral beings as the ori-
ginal authors of their own actions.
Even those who are unacquainted with this compli-
cated and comprehensive system, will at once see the
slightness of the above sketch : those who understand
it, will own that so brief an outline could not be other-
wise than slight. It will, however, be sufficient for
the present purpose, if it render what follows intelli-
gible.
With respect to what is called the "Practical Reason,"
the Kantian system varies from ours, in treating it as
having more resemblance to the intellectual powers
than to sentiment and emotion : — enough has already
been said on that question. At the next step, however,
the difference seems to resolve itself into a misunder-
standing. The character and dignity of the human
race surely depend, not on the state in which they are
born, but on that which they are all destined to attain,
or to approach. No man would hesitate in assenting
to this observation, when applied to the intellectual
faculties. Thus, the human infant comes into the
world imbecile and ignorant ; but a vast majority ac-
quire some vigour of reason and extent of knowledge.
Strictly, the human infant is born neither selfish nor
social ; but a far greater part acquire some provident
VOL. L T
274 DISSERTATION ON THE PROGRESS
regard to their own welfare, and a number, probably
not much smaller, feel some sparks of affection towards
others. On our principles, therefore, as much as on
those of Kant, human nature is capable of disinterested
sentiments. For we too allow and contend that our
Moral Faculty is a necessary part of human nature, —
that it unwer sally exists in human beings, — and that
we cannot conceive any moral agents without qualities
which are either like, or produce the like effects. It
is necessarily regarded by us as co-extensive with
human, and even with moral nature. In what other
sense can universality be predicated of any proposition
not identical ? Why should it be tacitly assumed that
all these great characteristics of Conscience should
necessarily presuppose its being unformed and unde-
rived? What contradiction is there between them
and the theory of regular and uniform formation ?
In this instance it would seem that a general assent
to truth is chiefly, if not solely, obstructed by an invete-
rate prejudice, arising from the mode in which the
questions relating to the affections and the Moral
Faculty have been discussed among ethical philoso-
phers. Generally speaking, those who contend that
these parts of the mind are acquired, have also held
that they are, in their perfect state, no more than
modifications of self-love. On the other hand, phi-
losophers " of purer fire," who felt that Conscience
is sovereign, and that affection is disinterested, have
too hastily fancied that their ground was untenable,
without contending that these qualities were inherent
or innate, and absolutely underived from any other
properties of Mind. If a choice were necessary be-
tween these two systems as masses of opinion, without
any freedom of discrimination and selection, I should
unquestionably embrace that doctrine which places
in the clearest light the reality of benevolence and the
authority of the Moral Faculty. But it is surely easy
to apply a test which may be applied to our concep-
tions as effectually as a decisive experiment is applied
OF ETHICAL PHILOSOPHY. 275
to material substances. Docs not lie who, whatever
he may think of the origin of these parts of human
nature, believes that actually Conscience is supreme,
and affection terminates in its direct object, retain all
that for which the partisans of the underived princi-
ples value and cling to their system ? " But they are
made," these philosophers may say, " by this class of
our antagonists, to rest on insecure foundations : un-
less they are underived, we can see no reason for re-
garding them as independent." In answer, it may
be asked, how is connection between these two quali-
ties established ? It is really assumed. It finds its
way easily into the mind under the protection of an-
other coincidence, which is of a totally different nature.
The great majority of those speculators who have
represented the moral and social feelings as acquired,
have also considered them as being mere modifications
of self-love, and sometimes as being casually formed
and easily eradicated, like local and temporary pre-
judices. But when the nature of our feelings is
thoroughly explored, is it not evident that this coin-
cidence is the result of superficial confusion ? The
better moralists observed accurately, and reasoned
justly, on the province of the Moral Sense and the feel-
ings in the formed and mature man : they reasoned
mistakenly on the origin of these principles. But the
Epicureans were by no means right, even on the lat-
ter question ; and they were totally wrong on the
other, and far more momentous, part of the subject :
their error is more extensive, and infinitely more
injurious. But what should now hinder an inquirer
after truth from embracing, but amending their doc-
trine where it is partially true, and adopting without
any change the just description of the most important
principles of human nature which we owe to their
more enlightened as well as more generous antago-
nists ?
Tliough unwilling to abandon the arguments by
which, from the earliest times, the existence of tlio
T 2
276 DISSERTATION ON THE PROGRESS
Supreme and Eternal Mind has been established, we,
as well as the German philosophers, are entitled to
call in the help of our moral nature to lighten the
jurden of those tremendous difficulties which cloud
His moral government. The moral nature is an
actual part of man, as much on our scheme as on
theirs.
Even the celebrated questions of Liberty and Neces-
sity may perhaps be rendered somewhat less perplex-
ing, if we firmly bear in mind that peculiar relation
of Conscience to the Will which we have attempted to
illustrate. It is impossible for Reason to consider
occurrences otherwise than as bound together by the
connection of cause and effect ; and in this circum-
stance consists the strength of the Necessitarian sys-
tem. But Conscience, which is equally a constituent
part of the mind, has other laws. It is composed of
emotions and desires, ivhich contemplate only those dis-
positions which depend on the Will. Now, it is the
nature of an emotion to withdraw the mind from the
contemplation of every idea but that of the object
which excites it : while every desire exclusively looks
at the object which it seeks. Every attempt to enlarge
the mental vision alters the state of mind, weakens
the emotion, or dissipates the desire, and tends to
extinguish both. If a man, while he was pleased with
the smell of a rose, were to reflect on the chemical
combinations from which it arose, the condition of his
mind would be changed from an enjoyment of the
senses to an exertion of the Understanding. If, in the
view of a beautiful scene, a man were suddenly to
turn his thoughts to the disposition of water, vegeta-
bles, and earths, on which its appearance depended,
he might enlarge his knowledge of Geology, but he
must lose the pleasure of the prospect. The anatomy
and analysis of the flesh and blood of a beautiful
woman necessarily suspend admiration and affection.
Many analogies here present themselves. When life
is in danger either in a storm or a battle, it is certain
OF ETHICAL PHILOSOPHY. 277
that less fear is felt by the commander or the pilot,
and even by the private soldier actively engaged, or
the common seaman laboriously occupied, than by those
who are exposed to the peril, but not employed in the
means of guarding against it. The reason is not that
the one class believe the danger to be less : they are
likely in many instances to perceive it more clearly.
But having acquired a habit of instantly turning their
thoughts to the means of counteracting the danger,
their minds are thrown into a state which excludes
the ascendancy of fear. Mental fortitude entirely de-
pends on this habit. The timid horseman is haunted
by the fear of a fall : the bold and skilful thinks only
about the best way of curbing or supporting his horse.
Even when all means of avoidin"; danjjer are in both
cases evidently unavailable, the brave man still owes
to his fortunate habit that he does not suffer the agony
of the coward. Many cases have been known where
fortitude has reached such strength that the faculties,
instead of being confounded by danger, are never
raised to their highest activity by a less violent sti-
mulant. The distinction between such men and the
coward does not depend on difference of opinion about
the reality or extent of the danger, but on a state of
mind which renders it more or less accessible to fear.
Though it must be owned that the Moral Sentiments
are very different from any other human faculty, yet
the above observations seem to be in a great measure
applicable to every state of mind. The emotions and
desires which compose Conscience, while they occupy
the mind, must exclude all contemplation of the cause
in which the object of these feelings may have origi-
nated. To their eye the voluntary dispositions and
actions, their sole object, must appear to be the first
link of a chain : in the view of Conscience these have
no foreign origin, and her view, constantly associated
as she is with all volitions^ becomes habitual. Being
always possessed of some, and capable of intense
warmth, it predominates over the habits of thinking
T 3
278 DISSERTATION ON THE PROGRESS
of those few who are employed in the analyses of
mental occupations.
The reader who has in any degree been inclined to
adopt the explanations attempted above, of the im-
perative character of Conscience, may be disposed also
to believe that they afford some foundation for that
conviction of the existence of a power to obey its com-
mands, which (it ought to be granted to the German
philosophers) is irresistibly suggested by the command-
ing tone of all its dictates. If such an explanation
should be thought worthy of consideration, it must
be very carefully distinguished from that illusive sense
by which some writers have laboured to reconcile the
feeling of liberty with the reality of necessity.* In
this case there is no illusion ; nothing is required but
the admission that every faculty observes its own
laws, and that when the action of the one fills the
mind, that of every other is suspended. The ear can-
not see, nor can the eye hear : why then should not
the greater powers of Reason and Conscience have
different habitual modes of contemplating voluntary
actions ? How strongly do experience and analogy
seem to require the arrangement of motive and voli-
tion under the class of causes and effects ! With what
irresistible power, on the other hand, do all our moral
sentiments remove extrinsic agency from view, and
concentrate all feeling in the agent himself! The one
manner of thinking may predominate among the spe-
culative few in their short moments of abstraction ; the
other will be that of all other men, and of the specu-
lator himself, when he is called upon to act, or when
his feelings are powerfully excited by the amiable or
odious dispositions of his fellow-men. In these work-
ings of various faculties there is nothing that ca^ be
accurately described as contrariety of opinion. An
intellectual state, and a feeling, never can be contrary
* Lord Karnes, in his Essays on Morality and Natural Religion
and in his Sketches of the History of Man.
OF ETHICAL PHILOSOPHY. 279
to each other : thej are too utterly incapable of com-
parison to be the subject of contrast ; they are agents
of a perfectly different nature, acting in different
spheres. A feeling can no more be called true or false,
than a demonstration, considered simply in itself, can
be said to be agreeable or disagreeable. It is true, in-
deed, that in consequence of the association of all
mental acts with each other, emotions and desires may
occasion habitual errors of judgment; but liability to
error belongs to every exercise of human reason ; it
arises from a multitude of causes ; it constitutes, there-
fore, no difficulty peculiar to the case before us.
Neither truth nor falsehood can be predicated of the
perceptions of the senses, but they lead to false
opinions. An object seen through different mediums
may by the inexperienced be thought to be no longer
the same. All men long concluded falsely, from
what they saw, that the earth was stationary, and the
sun in perpetual motion around it : the greater part
of mankind still adopt the same error. Newton and
Laplace used the same language with the ignorant, and
conformed, — if we may not say to their opinion, — at
least to their habits of thinking on all ordinary occa-
sions, and during the far greater part of their lives.
Nor is this all : the language which represents various
states of mind is very vague. The word which de-
notes a compound state is often taken from its prin-
cipal fact, — from that which is most conspicuous,
most easily called to mind, most warmly felt, or most
frequently recurring. It is sometimes borrowed from
a separate, but, as it were, neighbouring condition of
mind. The grand distinction between thought and
feeling is so little observed, that we are peculiarly
liable to confusion on this subject. Perhaps when Ave
use language which indicates an opinion concerning
the acts of the Will, we mav mean little more than to
express strongly and warmly the moral sentiments
which voluntary acts alone call up. It would argue
disrespect for the human understanding, vainly em-
T 4
280 DISSERTATION ON THE PROGRESS
ployed for so many centuries in reconciling contradic-
tory opinions, to propose such suggestions without
peculiar diffidence; but before they are altogether
rejected, it may be well to consider, whether the con-
stant success of the advocates of Necessity on one
ground, and of the partisans of Free Will on another,
does not seem to indicate that the two parties contem-
plate the subject from different points of view, that
neither habitually sees more than one side of it, and
that they look at it through the medium of different
states of mind.
It should be remembered that these hints of a
possible reconciliation between seemingly repugnant
opinions are proposed, not as perfect analogies, but to
lead men's minds into the inquiry, whether that which
certainly befalls the mind, in many cases on a small
scale, may not, under circumstances favourable to its
development, occur with greater magnitude and more
important consequences. The coward and brave man,
as has been stated, act differently at the approach of
danger, because it produces exertion in the one, and
fear in the other. But very brave men must, by force
of the term, be few : they have little aid in their
highest acts, therefore, from fellow-feeling. They are
often too obscure for the hope of praise ; and they
have seldom been trained to cultivate courage as a
virtue. The very reverse occurs in the different
view taken by the Understanding and by Conscience,
of the nature of voluntary actions. The conscien-
tious view must, in some degree, present itself to all
mankind ; it is therefore unspeakably strengthened
by general sympathy. All men respect themselves
for being habitually guided by it: it is the object
)f general commendation ; and moral discipline has
no other aim but its cultivation. Whoever does not
feel more pain from his crimes than from his mis-
fortunes, is looked on with general aversion. And
when it is considered that a Being of perfect wisdom
and goodness estimates us according to the degree in
OF ETHICAL PHILOSOPHY. 281
which Conscience governs our voluntary acts, it is
surely no wonder that, in this most important discre-
pancy between the great faculties of our nature, we
should consider the best habitual disposition to be
that which the coldest Reason shows us to be most
conducive to well-doing and well-being.
On every other point, at least, it would seem that,
without the multiplied suppositions and immense ap-
paratus of the German school, the authority of Moral-
ity may be vindicated, the disinterestedness of human
nature asserted, the first principles of knowledge se-
cured, and the hopes and consolations of mankind
preserved. Ages may yet be necessary to give to
ethical theory all the forms and language of a science,
and to apply it to the multiplied and complicated facts
and rules which are within its province. In the mean
time, if the opinions here unfolded, or intimated, shall
be proved to be at variance with the reality of social
affections, and with the feeling of moral distinction,
the author of this Dissertation will be the first to re-
linquish a theory which will then show itself inade-
quate to explain the most indisputable, as well as by
far the most important, parts of human nature. If it
shall be shown to lower the character of Man, to cloud
his hopes, or to impair his sense of duty, he will ba
grateful to those who may point out his error, and
deliver him from the poignant regret of adopting
opinions which lead to consequences so pernicious.
NOTES AND ILLUSTRATIONS.
Note A. page 32.
The remarks of Cicero on the Stoicism of Cato are perhaps
the most perfect specimen of that refined raillery which
attains the object of the orator without general injustice
to the person whose authority is for the moment to be
abated : —
" Accessit his tot doctrina non moderata, nee mitis, sed,
ut mibi videtur, paulo asperior et durior quam aut Veritas
aut natura patiatur." After an enumeration of the Stoical
paradoxes, he adds : " Hsec homo ingeniosissimus, M, Cato,
auctoribus eruditissimis inductus, arripuit ; neque dispu-
tandi causa, ut magna pars, sed ita vivendi. . . . Nostri autem
isti (fatebor enim, Cato, me quoque in adolescentia diffisum
ingenio meo qusesisse adjumenta doctrinse) nostri, inquam,
illi a Platone atque Aristotele moderati homines et temperati
aiunt apud sapientem valere aliquando gratiam ; viri boni
esse misereri ; . . . omnes virtutes mediocritate quadam esse
moderatas. Hos ad magistros si qua te fortuna, Cato, cum
ista natura detulisset, non tu quidem vir melior esses, nee
fortior, nee temperantior, nee justior (neque enim esse
potes), sed paulo ad lenitatem propensior." — Pro Murena.
— Cap. xxix — xxxi.
JSToTE B. page 39.
The greater part of the following extract from Grotius's
History of the Netherlands is inserted as the best abridg-
ment of the ancient history of these still subsisting contro-
versies known in our time. I extract also the introduction
as a model of the manner in which an historian may state a
religious dispute which has influenced political affairs ; but
far more because it is an unparalleled example of equity
and forbearance in the narrative of a contest of which the
historian was himself a victim : —
NOTES AND ILLUSTRATIONS. 283
" Habuit hie annus (1608) baud spernendi quoque mali
seraina, vix ut arma desierant, exorto publicae religionis dis-
sidio, latentibus initiis, sed ut paulatim in majus erumperet.
Lugduni sacras literas docebant viri eruditione prajstantes
Gomarus et Arminius ; quorum ille fEterna Dei lege fixum
memorabat, cui hominum salus destinaretur, quis in exitium
tenderet; inde alios ad pietatem trahi, et tractos custodiri
ne elabantur ; relinqui alios communi humanitatis vitio et
suis criminibus involutes : hie vero contra integrum judicem,
sed eundem optimum patrem, id reorum fecisse discrimen,
ut peccandi pertaesis fiduciamque in Christum reponentibus
veniam ac vitara daret, conturaacibus poenam ; Deoque
gratum, ut omnes resipiscant, ac meliora edocti retineant ;
sed cogi neminem. Accusabantque invicem ; Arminius
Gomarum, quod peccandi causas Deo ascriberet, ac fati per-
suasione teneret immobiles animos ; Gomarus Arminiuin,
quod longius ipsis llomanensium scitis homlnem ar^'ogantia
impleret, 7iec pateretur soli Deo acceptam ferri^ rem inax-
imam, bunam mentein. Constat his queis cura legere veterum
libros, antiquos Christianorum tribuisse hominum voluntati
vim liberam, tam in acceptanda, quam in retinenda dis-
ciplina ; unde sua praemiis ac suppliciis aequitas. Neque
iidem tamen omisere cuncta divinam ad bonitatem referre,
cujus munere salutare semen ad nos pervenisset, ac cujus
singulari auxilio pericula nostra indigerent. Primus omnium
Augustinus, ex quo ipsi cum Pelagio et eum secutis cer-
tamen (nam ante aliter et ipse senseret)^ acer disputandi, ita
libertatis vocem relinquere, ut ei decreta quaedam Dei
praeponeret, qua? vim ipsam destruere viderentur. At per
Graaciam quidem Asinmque retenta vetus ilia ac simplicior
sententia. Per Occidentem magnum Augustini nomen
multos traxit in consensum, repertis tamen per Galliam et
alibi qui se opponerent, posterioribus steculis, cum schola
non alio magis quam Augustino doctore uteretur, quis ipsi
sensus, quis dexter pugnare visa conciliandi modus, diu inter
Francisci et Dominici familiam disputato, doctissimi Jesu-
itarum, cum exactiori subtilitate nodum solvere laborassent,
Romx accusati aegre damnationem effugere. At Protestan-
tium princeps, Lutherus, egressus monasterio quod Augustini
ut nomen, ita sensus sequebatur, parte Augustini arrepta,
id quod is reliquerat, libertatis nomen, coepit exscindere ;
quod tam grave Erasiuo visum, ut cum caetera ipsius aut
probaret aut silentio transmitteret, hie objiciat sese: cujus
284 NOTES AND ILLUSTRATIONS.
argumentis motus Philippus Melanchthon, Lutlieri adjutor,
quae prius scripserat immutavit, auctorque fuit Luthero,
quod multi volunt, certe quod constat Lutheranis, deserendi
decreta rigida et conditionem respuentia ; sic tamen ut
libertatis vocabulum quam rem magis perhorrescerent. At
in altera Protestantium parte dux Calvinus, primis Lutheri
dictis in hac controversia inhserescens, novis ea fulsit prae-
sidiis, addiditque intactum Augustino, veram ac salutarem Jidem
rem esse perpeiuam et amitti nesciam: cujus proinde qui
sibi assent conscii, eos geternas felicitatis jam nunc certos
esse, quos interim in crimina, quantumvis gravia, prolabi
posse non diffitebatur. Auxit sententiae rigorem Genevae
Beza, per Gerraaniam Zanchius, Ursinus, Piscator, s£epe eo
usque provecti, ut, quod alii anxie vitaverant, apertius non-
nunquam traderent, etiam peccandi necessitatem a prima
causa pendere : quae ampla Lutheranis criminandi materia.'*
— Lib. xvii. p. 552.
l!^oTE C. page 40.
The Calvinism, or rather Augustinianism, of Aquinas is
placed beyond all doubt by the following passages: — "Prae-
destinatio est causa gratlaa et glorlae." — Opera (Paris, 1664),
vol. vii. p. 356. "humerus praedestinatorum certus est."
— p. 363. " Praescientia meritorum nullo modo est causa
praedestinationis divine." — p. 370. " Liberum arbitrium
est facultas qua bonum eligitur, gratia assistente, vel malum,
eadem desistente." — vol. viii. p. 222. "Deus inclinat ad
bonum administrando virtutem agendi et monendo ad
bonum. Sed ad malum dicitur inclinare in quantum
gratiam non praebet, per quam aliquis a malo retraheretur."
— p. 364. On the other side : " Accipitur fides pro eo quo
creditur, et est virtus, et pro eo quod creditur, et non est
virtus. Fides qua creditur, si cum caritate sit, virtus est."
— vol. ix. p. 236. "Divina bonitas est primum principium
communicationis totius quam Deus creaturis largitur."
" Quamvis omne quod Deus vult justum sit, non tamen ex
hoc justum dicitur quod Deus illud vult." — p. 697.
Note D. page 4L
The Augustinian doctrine is, with some hesitation and
reluctance, acquiesced in by Scotus, in that milder form
NOTES AND ILLUSTRATIONS. 285
which ascribes election to an express decree, and considers
the rest of mankind as only left to the deserved penalties of
their transgressions. " In hujus quasstionis solutione mallem
alios audire quam docere." — Opera, Lugd. 1639, vol. v. p.
1329. This modesty and prudence is foreign to the dogma-
tical genius of a Schoolman ; and these qualities are still
more apparent in the very remarkable language which he
applies to the tremendous doctrine of reprobation. " Eorum
autem non miseretur (scil. Deus) qiiihus gratium non prce-
hendam esse cequitate occultissima et ah humanis sensihus
remotissimd judicat. — p. 1329. In the commentary on Scotus
which follows, it appears that his acute disciple Ockham
disputed very freely against the opinions of his master.
" JMala fieri honum esV is a startling paradox, quoted by
Scotus from Augustin. — p. 1381. It appears that Ockham
saw no difference between election and reprobation, and
considered those who embraced only the former as at
variance with themselves. — p. 1313. Scotus, at great length,
contends that our thoughts (consequently our opinions) are
not subject to the will. — vol. vi. pp. 1054 — 1056. One
step more would have led him to acknowledge that all
erroneous judgment is involuntary, and therefore inculpable
and unpunishable, however pernicious. His attempt to
reconcile foreknowledge with contingency (vol. v. pp. 1300
— 1327), is a remarkable example of the power of human
subtlety to keep up the appearance of a struggle where it is
impossible to make one real effort. But the most dangerous
of all the deviations of Scotus from the system of Aquinas
is, that he opened the way to the opinion that the distinction
of right and wrong depends on the mere will of the Eternal
Mind. The absolute power of the Deity, according to him,
extends to all but contradictions. His regular power
(prdinata) is exercised conformably to an order established
by himself: "si placet voluntati, sub qua libera est, recta
est lex." — p. 1358. et seq.
Note E. page 41.
*AXXa fiTfV \pv)(T]v yf 'mfitv uKoimav Traaav rrdv ayvoovffav.
Plat. Op. (Bipont. 1781) vol. ii. p. 224. — Tlanav aKor'friov
a^aOinv nvai. — p. 227. Plato is quoted on this subject by
Marcus Aurelius, in a manner which shows, if there had
been any doubt, the meaning to be, that all error is involun-
286 NOTES AND ILLUSTRATIONS.
tary. Uciffa if/y^V aicov^a (rrfpHrai rrfg d\r]9uaQ, b)g Xlyti
JlXdroH'. Every mind is unwillingly led from truth. — Epict.
Dissert, lib. i. cap. xxviii. Augustin closes the long line of
ancient testimony to the involuntary character of error:
" Quis est qui velit decipi ? Fallere nolunt boni ; falli
autem nee boni volunt nee mali." — Sermo de Verbo.
Note F. page 42.
From a long, able, and instructive dissertation by the
commentator on Scotus, it appears that this immoral dogma
was propounded in terms more bold and startling by Ock-
ham, who openly affirmed, that " moral evil was only evil
because it was prohibited." " — Ochamus, qui putat quod
nihil posset esse malum sine voluntate prohibitiva Dei,
hancque voluntatem esse liberam; sic ut posset earn non
habere, et consequenter ut posset fieri quod nulla prorsus
essent mala." — Scot. Op. vol vii. p. 859. But, says the
commentator, " Dico primo legem naturalem non consistere
in jussione ulla quas sit actus voluntatis Dei. Haec est com-
munissima theologorum sententia." — p. 858. And indeed
the reason urged against Ockham completely justifies this
approach to unanimity. " For," he asks, " why is it right
to obey the will of God ? Is it because our moral faculties
perceive it to be right ? But they equally perceive and
feel the authority of all the primary principles of morality ;
and if this answer be made, it is obvious that those who
make it do in effect admit the independence of moral dis-
tinctions on the will of God." " If God," said Ockham, " had
commanded his creatures to hate himself, hatred of God
would have been praiseworthy." — Domin. Soto de Justitia
et Jure, lib. ii. quasst. 3, " Utrum prcecepia Decalogi sint
dispensahilia;'''' — a book dedicated to Don Carlos, the son of
Philip II. Suarez, the last scholastic philosopher, rejected
the Ockhamical doctrine, but allowed will to be a part of
the foundation of Morality. " Voluntas Dei non est tota
ratio bonitatis aut malitiae. — De Legibus (Lond. 1679), p.
71. As the great majority of the Schoolmen supported their
opinion of this subject by the consideration of eternal and
immutable ideas of right and wrong in the Divine Intellect,
it was natural that the Nominalists, of whom Ockham was
the founder, who rejected all general ideas, should also have
rejected those moral distinctions which were then supposed
I
NOTES AND ILLUSTRATIONS. 287
to originate in such ideas. Gerson was a celebrated Nomi-
nalist : and he was the more disposed to follow the opinions
of his master because they agreed in maintaining the inde-
pendence of the State on the Church, and the superiority of
the Church over the Pope.
Note G. page 43.
It must be premised that Charitas among the ancient
divines corresponded with Epwt; of the Platonists, and with
the 0t\ia of later philosophers, as comprehending the love
of all that is loveworthy in the Creator or his creatures. It
is the theological virtue of charity, and corresponds with no
term in use among modern moralists. " Cum objectum
araoris sit bonum, dupliciter potest aliquis tendere in bonum
alicujusrei; uno modo, quod houuva illius rei ad altenim
referat^ sicut amat quis vinum in quantum dulcedinem vini
peroptat ; et hie amor vocatur a quibusdam amor concupis-
cent iai. Amor antem iste non tenninatur ad rem qiics dicitur
amari, sed rejlectitur ad rem illam cui optatur bonum illhis rei.
Alio modo amor fortior in bonum alicujus rei, ita quod ad rem
ipsam terminatur ; et hie est amor benevolentia}. Qua bo-
num nostrum in Deo perfectum est, sicut in causa univer-
sali bonorum ; ideo bonum in ipso esse magis naturaliter
complacet quam in nobis ipsis : et ideo etiam amore amicitia^
naturaliter Deus ab homine plus seipso diligitur." The
above quotations from Aquinas will probably be sufficient
for those who are acquainted with these questions, and they
will certainly be thought too large by those who are not.
In the next question he inquires, whether in the love of God
there can be any view to reward. He appears to consider
himself as bound by authority to answer in the affirmative ;
and he emplovs much ingenuity in reconciling a certain ex-
pectation of reward with the disinterested character ascribed
by him to piety in common with all the all'ections which
terminate in other beings. " Nihil aliud est merces nostra
quam perfrui Deo. Ergo charitas non solum non excludit,
sed etiam facit habere oculum ad mercedem." In this
answer he seems to have anticipated the representations of
Jeremy Taylor (Sermon on Growtli in Grace), of Lord
Shaftesbury (Inquiry concerning Virtue, book i. part ill.
sect. 3.), of Mr. T. Erskine (Freeness of the Gospel, Edin.
1828), and more especially of Mr. John Smith (Discourses,
288 NOTES AND ILLUSTRATIONS.
Lond. 1660). No extracts could convey a just conception
of the observations which follow, unless they were accom-
panied by a longer examination of the technical language
of the Schoolmen than would be warranted on this occasion.
It is clear that he distinguishes well the affection of piety
from the happy fruits, which, as he cautiously expresses it,
" are in the nature of a reward ;" — just as the consideration
of the pleasures and advantages of friendship may enter
into the affection and strengthen it, though they are not its
objects, and never could inspire such a feeling. It seems
to me also that he had a dimmer view of another doctrine,
by which we are taught, that though our own happiness be
not the end which we pursue in loving others, yet it may be
the final cause of the insertion of disinterested affections
into the nature of man. " Ponere mercedem aliquam finem
amoris ex parte amati, est contra rationem amicitiae. Sed
ponere mercedem esse finem amoris ex parte amantis, non
tamen ultimam, prout scilicet ipse amor est quaedam operatic
amantis, non est contra rationem amicitiae. Possum opera-
tionem amoris amare propter aliquid aliud, salva amicitia.
Potest habeas charitatem habere oculum ad mercedem^ uti
ponat beatitudinem creatam finem amoris, non autem. finem
amatV Upon the last words my interpretation chiefly
depends. The immediately preceding sentence must be
owned to have been founded on a distinction between view-
ing the good fruits of our own affections as enhancing their
intrinsic pleasures, and feeling love for another on account
of the advantage to be derived from him ; which last is in-
conceivable.
IS'oTE H. page 43.
" Potestas spiritualis et secularis utraque deducitur a
potestate divina ; ideo in tantum secularis est sub spirituali,
in quantum est a Deo supposita ; scilicet, in his quse ad
salutem animae pertinent. In his autem quae ad bonum
civile spectant, est magis obediendum potestati seculari ;
sicut illud Matthaei, ' Reddite quae sunt Caesaris Caesari.' "
What follows is more doubtful. "... Nisi forte potestati
spirituali etiam potestas secularis conjungatur, ut in Papa,
qui utriusque potestatis apicem tenet." — Op. vol. viii. p.
435. Here, says the French editor, it may be doubted
whether Aquinas means the Pope's temporal power in his
NOTES AND ILLUSTRATIONS. 289
own dominions, or a secular authority indirectly extending
over all for the sake of religion. My reasons for adopting
the more rational construction are shortly these : — 1. The
text of Matthew is so plain an assertion of the independence
of both powers, that it would be the height of extravagance
to quote it as an authority for the dependence of the state.
At most it could only be represented as reconcilable with
such a dependence in one case. 2. The word ''forte ' seems
manifestly to refer to the territorial sovereignty acquired
by the Popes. If they have a general power in secular
affairs, it must be because it is necessary to their spiritual
authority ; and in that case to call it fortuitous would be to
ascribe to it an adjunct destructive of its nature. 3. His
former reasoning on the same question seems to be decisive.
The power of the Pope over bishops, he says, is not founded
merely in his superior nature, but in their authority being
altogether derived from his, as the proconsular power from
the imperial. Therefore he infers that this case is not
analogous to the relation between the civil and spiritual
power, which are alike derived from God. 4. HjuI an
Italian monk of the twelfth century really intended to affirm
the Pope's temporal authority, he probably would have laid
it down in terms more explicit and more acceptable at Rome.
Hesitation and ambiguity are here indications of unbelief.
Mere veneration for the apostolical see might present a more
precise determination against it, as it caused the quotation
which follows, respecting the primacy of Peter. — A mere
abridgement of these very curious ])assages might excite a
suspicion that I had tinctured Aquinas unconsciously with
a colour of my own opinions. Extracts are very difficult,
from the scholastic method of stating objections and answers,
as well as from the mixture of theological authorities with
philosophical reasons.
XoTE I. page 46.
The debates in the first assembly of the Council of Trent
(a. I). 1546) between the Dominicans who adhered to Aquinas,
and the Franciscans who followed Scotus on original sin,
justification, and grace, are to be found in Fra Paolo (Istoria
del Concilio Tridentino, lib. ii). They show how much
metaphysical controversy is liid in a theological form ; how
many dispute3 of our times are of no very ancient origin,
VOL. L U
290 NOTES AND ILLUSTRATIONS.
and how strongly the whole Western Church, through all the
divisions into which it has been separated, has manifested
the same unwillingness to avow the Augustinian system,
and the same fear of contradicting it. To his admirably
clear and short statement of these abstruse controversies,
must be added that of his accomplished opponent Cardinal
Pallavicino (Istoria, &c. lib. vii. et viii.), who shows still
more evidently the strength of the Augustinian party, and
the disposition of the Council to tolerate opinions almost
Lutheran, if not accompanied by revolt from the Church.
A little more compromising disposition in the Reformers
might have betrayed reason to a prolonged thraldom. We
must esteem Erasmus and Melanchthon, but we should re-
serve our gratitude for Luther and Calvin. The Scotists
maintained their doctrine of merit of congruity, waived by
the Council, and soon after condemned by the Church of
England; by which they meant that they who had good
dispositions always received the Divine grace, not indeed as
a reward of which they were worthy, but as aid which they
were fit and willing to receive. The Franciscans denied
that belief was in the power of man. " I Francescaid lo
negavano seguendo Scoto, qual vuole che siccome dalle di-
mostrazioni per necessita nasce la scienza, cosi dalle per-
suasioni nasca la fede ; e ch' essa e nell' intelletto, il quale
e agente naturale, e mosso naturalmente dall' oggetto.
Allegavano 1' esperienza, che nessuno puo credere quelle
clie vuole, ma quello che gli par vero." — Era Paolo, Istoria,
&c. (Helmstadt, 1763, 4to.), vol. i. p. 193. Cardinal
Sforza Pallavicino, a learned and very able Jesuit, was ap-
pointed, according to his own account, in 16ol, many years
after the death of Era Paolo, to write a true history of the
Council of Trent, as a corrective of the misrepresentations
of the celebrated Venetian. Algernon Sidney, who knew
this court historian at Rome, and who may be believed when
he speaks well of a Jesuit and a cardinal, commends the
work in a letter to his father. Lord Leicester. At the end
of Pallavicino's work is a list of three hundred and sixty
errors in matters of fact, which the Papal party pretend to
have detected in the inde))endent historian, whom they
charge with heresy or inlidelity, and, in either case, with
hypocrisy.
NOTES AND ILLUSTKATIOXS. 291
"Note K. page 52.
" Hoc tempore, Ferdinando et Isabella regnantibus, in
academia Salmantina jacta sunt robustioris theologiae se-
mina ; ingeiitis eniin famse vir Franciscus de Victoria, noii
tarn lucubrationibus editis, quamvis hsec non magnte molis
aut magni pretii sint, sed doctissiniorum theologorum educa-
tione, quamdiu fuerit sacrse scientiae hoiios inter mortales,
vehementer laudabitur." — Antonio, Bibiiotheca Hispanica
Xova, (Madrid, 1783,) in praef. "Si ad morum instructores
respicias, Sotus iterum nominabitur." — Ibid.
Note L. page 52.
The title of the published account of the conference at
Yalladolid is, " The controversy between the Bishop of
Chiapa and Dr. Sepulveda ; in which the Doctor contended
that the conquest of the Indies from the natives was lawful,
and the Bishop maintained that it was unlawful, tyrannical,
and unjust, in the presence of many theologians, law vers,
and other learned men assembled by his Majesty." Bibl.
Hisp. Nova, tom. i. p. 192.
Las Casas died in 1566, in the 92d year of his age ; Se-
pulveda died in 1571, in his 82d year. Sepulveda was the
scholar of Pompoiuitius, and a friend of Erasmus, Cardinal
Pole, Ahlus Manutius, &c. In his book " De Justis Belli
Causis contra Indos suscepti," he contended only that the
king ought justly " ad ditionem Indos, non herilem sed
regiam et civilem, lege belli redigere." — Antonio, voce Se-
pulveda, Bibl. Hisp. Nova, tom. i. p. 703. But this smooth
and specious language concealed poison. Had it entirely
])revailed, the cruel consequence of the defeat of the advo-
cate of the oppressed would alone have remained ; the
limitations and softenings employed by their opponent to
obtain success would have been speedily disregarded and
forgotten. Covarruvias, another eminent Jurist, was sent
by Philip H. to the Council of Trent, at its renewal in
1560, and, with Cardinal Buoncam]>agni, drew up the de-
crees of reformation. Francis Sanchez, the father of phi-
losophical grammar, published his Minerva at Salamanca in
1587 ; — so active was the cultivation of philosophy in Spaia
in the ai'e of Cervantes.
U 2
292 NOTES AND ILLUSTRATIONS.
Note M. page 81.
"Alors en repassant dans mon esprit les diverses opinions
qui m'avoient tour-a-tour entraine depuis ma nalssance, je
vis que bien qu'aucune d'elles ne fut assez evidente pour
produire immediatement la conviction, elles avoient divers
desires de vraisemblance, et que I'assentiment interieur s'y
pretoit ou s'y refusoit a differentes mesures. Sur cette
premiere observation, comparant entr'elles toutes ces dif-
ferentes idees dans le silence des prejuges, je trouvai que la
premiere, et la plus commune, etoit aussi la plus simple et
la plus raisonnable ; et qu'ii ne lui manquoit, pour reunir
tous les suffrages, que d'avoir ete proposee la derniere.
Imaginez tous vos philosopbes anciens et modernes, ayant
d'abord epuise leur bizarres systemes de forces, de chances,
de fatalite, de necessite, d'atomes, de monde anime, de ma-
tiere vivante, de materialisme de toute espece ; et apres eux
tous I'illustre Clarke, eclairant le monde, annoncant enfin
TEtre des etres, et le dispensateur des choses. Avec quelle
universelle admiration, avec quel applaudissement unanime
n'eut point ete re^u ce nouveau systeme si grand, si conso-
lant, si sublime, si propre a elever Tame, a donner une base
a la vertu, et en meme tems si frappant, si lumineux, si
simple, et, ce me semble, offrant moins de choses incom-
prehensibles a I'esprit humain, qu'il n'en trouve d'absurdes
en tout autre systeme ! Je me disois, les objections insolu-
bles sont communes a tous, parceque I'esprit de I'homme
est trop borne pour les resoudre ; elles ne prouvent done
rien contre aucun par preference : mais quelle difference
entre les preuves directes!" — Rousseau, (Euvres. tomeix.
p. 25.
KoTE N. pages 105, 106.
" Est autem jus quaedam potentia moralls, et oMigatio
necessitas moralis. Moralem autem intelligo, quae apud
virum bonum aequipollet naturali : Nam et praeclare juris-
consultus Rom anus ait, qucB contra honos mores sunt, ea nee
facere nos posse credendum est. Vir bonus autem est, qui
amat omnes, quantum ratio permittit. Justitiam igitur,
quae virtus est hujus affectus rectrix, quern ^ikavQpojTriav
Graeci vocant, commodissime, ni fallor, definiemus caritatem
sapientis, hoc est, sequentem sapientiae dictata. Itaque,
NOTES AXD ILLUSTRATIONS. 293
quod Cameades dixisse fertur, justitiam esse sunimam
stultitiam, quia alicnis utilhatibus consul! jubeat, neglectis
propiiis, ex ignorata ejus definitione natum est. Caritas
est benevolentia universalis, et benevolentia amandi sive
diligendi habitus, Amare autem sive diligere est felicitate
alterius delectari, vel, quod eodem redit, felicitatem alienam
adsciscere in suam. Unde difficllis nodus solvitur, magni
etiara in Theologia momenti, quomodo amor non merce-
iiarlus detur, qui sit a spe metuque et omni utllitatisrespectu
separatus : scilicet, quorum utilitas delectat, eorum felicitas
nostram ingreditur ; nam quae delectant, per se expetuntur.
Et uti pulchrorum contemplatio ipsa jucunda est, pictaque
tabula Raphaelis intelligentem afficit, etsi nullos census
ferat, adeo ut in oculis deliciisque feratur, quodam simulacro
amoris ; ita quura res pulchra simul etiam felicitatis est
capax, transit affectus in verum amorem. Superat autem
diviniLS amor alios amores, quos Deus cum maximo successu
amare potest, quando Deo simul et felicius nihil est, et
nihil pulchrius felicitateque dignius intelligi potest. El
quum idem sit potentiae sapientiajque summse, felicitas ejus
non tantum ingreditur nostram (si sapimus, id est, ipsum
amamus), sed et facit. Quia autem sapientia caritatem
dirigere debet, hujus quoque definitione opus erit. Arbltror
autem notion i hominum optime satisfieri, si sapientiam nihil
aliud esse dicamus, quam ipsam scientiam felicitatis." —
Leibnitii Opera, vol. iv. pars ill. p. 294. "Etjus quidem
merum sive strictum nascitur ex principlo servandae pacis ;
a?quitas sive caritas ad majus aliquid contendit, ut, dum
quisque alteri prodest, quantum potest, felicitatem suam
augeat in aliena ; et, ut verbo dicam, jus strictum miseriam
vitat, jus superius ad felicitatem tendlt, sed quails in hanc
mortalitatem cadlt. Quod vero ipsam vitam, et (^uicquid
hanc vitam expetendam facit, magno commodo alieno post-
Labere debeamus, ita ut maximos etiam dolores in alioruni
gratiam perferre oporteat; magis pulchre prajclpitur a phi-
losophis quam solide demonstratur. Nam decus et gloriam,
et animi sui virtute gaudentis sensum, ad qua; sub honestatls
nomme provocant, cogitationis sive mentis bona esse con-
stat, magna quidem, sed non omnibus, nee omni malorum
acerbitati praevalitura, quando non oinnes aequc imaginando
afliciuntur ; prajsertim quos ne(iue educatlo liberalis, neque
consuetudo vivendi ingenua, vel vitae secta:*ve disciplina ad
hoDoris aestimationem, vel animi bona sentienda assuefecit.
u 3
294 NOTES AND ILLUSTRATIONS.
Ut verb universali demonstrationi conficiatur, omne ho-
nestum esse utile, et omne turpe damnosum, assumenda est
inimortalitas animae, et rector universi Deus. Ita fit, ut
omnes in civitate in perfectissima vivere intelligamur, sub
monarcha, qui nee ob sapientiam falli, nee ob potentiam
vitari potest; idemque tam amabilis est, ut felicitas sit tali
dkjmino servire. Huic igitur qui animam impendit, Christo
docente, earn lucratur. Hujus potentia providentiaque
efiicitur, ut omne jus in factum transeat, ut nemo Isedatur
nisi a se ipso, ut nihil recte gestum sine praemio sit, nullum
peccatum sine poena." — p. 296.
Note O. page 110.
The writer of this Discourse was led, on a former occa-
sion, by a generally prevalent notion, to confound the theo-
logical doctrine of Predestination with the philosophical
opinion which supposes the determination of the Will to be,
like other events, produced by adequate causes. (See a cri-
ticism on Mr. Stewart's Dissertation, Edinb. Review, vol.
xxxvi. p. 225.) More careful reflection has corrected a
contusion common to him with most writers on the subject.
What is called " Sublapsarian Calvinism," which was the
doctrine of the most eminent men, including Augustin and
Calvin himself, ascribed to God, and' to man before the Fall,
what is called " free-will," which they even own still to exist
in all the ordinary acts of life, though it be lost with re-
spect to religious morality. The decree of election, on this
scheme, arises from God's foreknowledge that man was to
fall, and that all men became thereby with justice liable to
eternal punishment. The election of some to salvation was
an act of Divine goodness, and the pretention of the rest
was an exercise of holiness and justice. • This Sublapsarian
predestination is evidently irreconcilable with the doctrine
of Necessity, which considers free-will, or volitions not
caused by motives, as absolutely inconsistent with the de-
finition of an intelligent being, — which is, that he acts from
a motive, or, in other words, with a purpose. The Supra-
lapsarian scheme, which represents the Fall itself as fore-
ordained, may indeed be built on necessitarian principles.
But on that scheme original sin seems wholly to lose that
importance which the former system gives it as a revolution
in the state of the world, requiring an interposition of Divine
NOTES AND ILLUSTRATIONS. 295
power to remedy a part of its fatal effects. It becomes no
more than the first link in the chain of predestined offences.
Yet both Catholic and Protestant predestinarians have bor-
rowed the arguments and distinctions of philosophical ne-
cessitarians. One of the propositions of Jansenius, con-
demned by the bull of Innocent X. in 1653, is, that "to
merit or demerit in a state of lapsed nature, it is not neces-
sary that there should be in man a liberty free from ne-
cessity ; it is sufficient that there be a liberty free from
constraint." — Dupin, Histoire de I'Eglise en abrege, livre
iv. chap. viii. Luther, in his once famous treatise De Servo
Arbitrio against Erasmus (printed in 1526), expresses
himself as follows : " Hie est fidei summus gradus, credere
ilium esse clementem qui tam paucos salvat, tam multos
damnat ; credere justum qui sua voluntate nos necessario
damnabiles facit, ut videatur, ut Erasmus refert, delectari
cruciatibus miserorum, et odio potius quam amore dignus."
(I\Iy copy of this stern and abusive book is not paged.)
In another passage, he states the distinction between co-
action and necessity as familiar a hundred and thirty vears
before it was proposed by Hobbes, or condemned in the
Jansenists. " Necessario dico, non coacte, sed, ut illi
dicunt, necessitate immutabilitatis, non coactionis ; hoc est,
homo, cum vocat Spiritus Dei, non quidem violentia, velut
raptus obtorto collo, nolens facIt malum, queniadmodum
fur aut latro nolens ad poenam ducitur, sed sponte et libera
voluntate facit." He uses also the illustration of Hobbes,
from the difference between a stream ybrce^ out of its course
and freely flowing in its channel.
[The foUowinir is the whole of the passage in the Edin-
burirh Review referred to above : the reader, while bearing
in mind the modification of opinion there announced, may
still find sufficient interest in the general statement of the
argument, to justify its admission here. — Ed.]
"... It would be inexcusable to revive the mention of
such a controversy as that which relates to Liberty and
Necessity, for any other purpose than to inculcate mutual
candour, and to censure the introduction of invidious topics.
If there were any hope of terminating that endless and
fruitless controversy, the most promising expedient would
be a general agreement to banish the technical terms
hitherto employed on both sides from philosophy, and to limit
ourselves rigorously to a statement of those facts in which
u 4
296 NOTES AND ILLUSTRATIONS.
all men agree, expressed in language perfectly purified from
all tincture of system. The agreement in facts would then
probably be found to be much more extensive than is often
suspected by either party. Experience is, and indeed must
be, equally appealed to by both. All mankind feel and
own, that their actions are at least very much affected by
their situation, their opinions, their feelings, and their
habits ; yet no man would deserve the compliment of con-
futation, who seriously professed to doubt the distinction
between right and wrong, the reasonableness of moral ap-
probation and disapprobation, the propriety of praising
and censuring voluntary actions, and the justice of reward-
ing or punishing them according to their intention and ten-
dency. No reasonable person, in whatever terms he may
express himself concerning the Will, has ever meant to
deny that man has powers and faculties which justify the
moral judgments of the human race. Every advocate of
Free Will admits the fact of the influence of motives, from
which the Necessarian infers the truth of his opinion. Every
Necessarian must also admit those attributes of moral and
responsible agency, for the sake of which the advocate of
Liberty considers his own doctrine as of such unspeakable
importance. Both parties ought equally to own, that the
matter in dispute is a question of fact relating to the mind,
which must be ultimately decided by its own consciousness.
The Necessarian is even bound to admit, that no specula-
tion is tenable on this subject, which is not reconcilable to
the general opinions of mankind, and which does not afford
a satisfactory explanation of that part of common language
which at first sight appears to be most at variance with it.
" After the actual antecedents of volition had been thus
admitted by one party, and its moral consequences by another,
the subject of contention would be reduced to the question,
— What is the state of the mind in the interval which passes
between motive and action? or, to speak with still more strict
propriety, By what words is that state of the mind most
accurately described ? If this habit of thinking could be
steadily and long preserved, so evanescent a subject of dis-
pute might perhaps in the end disappear, and the contend-
ing parties might at length discover that they had been only
looking at opposite sides of the same truth. But the terms
'Liberty' and 'Necessity' embroil the controversy, inflame
the temper of disputants, and involve them in clouds of angry
NOTES A^^) ILLUSTRATIONS. 297
zeal, which render thera incapable not only of perceivino^
their numerous and important coincidences, but even of
clearly discerning the single point in which they differ. Every
generous sentiment, and every hostile passion of human na-
ture, have for ages been connected with these two words.
They are the badges of the oldest, the widest, and the most
obstinate warfare waged by metaphysicians. Whoever re-
fuses to try the experiment of renouncing them, at least for
a time, can neither be a peace-maker nor a friend of dis-
passionate discussion ; and, if he stickles for mere words, he
may be justly suspected of being almost aware that he is
contendinjj for nothing but words.
" But if projects of perpetual peace should be as Utopian
in the schools as in the world, it is the more necessary to
condemn the use of weapons which exasperate animosity,
without contributing to decide the contest. Of this nature,
in our opinion, are the imputations of irreligion and im-
morality which have for ages been thrown on those divines
and philosophers who have espoused Necessarian opinions.
Mr. Stewart, though he anxiously acquits individuals of evil
intention, has too much lent the weight of his respectable
opinion to these useless and inflammatory charges. We are
at a loss to conceive how he could imagine that there is the
slightest connexion between the doctrine of Necessity and
the system of Spinoza. That the world is governed by a
Supreme Mind, which is invariably influenced by the dictates
of its own wisdom and goodness, seems to be the very essence
of theism ; and no man who substantially dissents frf)m that
proposition, can deserve the name of a pure theist. But this
is precisely the reverse of the doctrine of Spinoza, which, in
spite of all its ingenious disguises, undoubtedly denies the
supremacy of mind. This objection, however, has already
been answered, not only by the pious and profound Jonatiian
Edwards (Inquiry, part iv. chap. 7.), an avowed Necessarian,
but by Mr. Locke (whose opinions, however, about this
question are not very distinct), and even by Dr. Clarke him-
self, the ablest and most celebrated of the advocates of li-
bertv. (Demonstration of the Being and Attributes of God.)
" The charge of immoral tendency, however, deserves more
serious consideration, as it has been repeatedly enforced by
Mr. Stewart, and brought forward also by Dr. Copplestone *
* Afterwards Bishop of LlandatT. — Ed.
298 NOTES AND ILLUSTRATIONS.
(Discourses, Lond. 1821), — the only writer of our time who
has equally distinguished himself in paths so distant from
each other as classical literature, political economy, and
metaphysical philosophy. His general candour and tem-
perance give weight to his accusation ; and it is likely to be
conveyed to posterity by a volume, which is one of the best
models of philosophical style that our age has produced, —
a Sermon of Archbishop King, republished by Mr. Whately *,
an ingenious and learned member of Oriel College. The
Sermons of Dr. Copplestone do indeed directly relate to
theology : but, in this case, it is impossible to separate that
subject from philosophy. Necessity is a philosophical
opinion relating to the human will: Predestination is a
theological doctrine, concerning the moral government of
the world. But since the writings of Leibnitz and Jonathan
Edwards, all supporters of Predestination endeavour to show
its reasonableness by the arguments of the Necessarian. It
is possible, and indeed very common, to hold the doctrine of
Necessity, without adopting many of the dogmas which the
Calvinist connects with it : but it is not possible to make any
argumentative defence of Calvinism, which is not founded
on the principle of Necessity. The moral consequences
of both (whatever they may be) must be the same ; and both
opinions are, accordingly, represented by their opponents as
tending, in a manner very similar, to weaken the motives to
virtuous action.
" There is no topic which requires such strong grounds
to justify its admission into controversy, as that of moral
consequences ; for, besides its incurable tendency to inflame
the angry passions, and to excite obloquy against indivi-
duals, which renders it a practical restraint on free inquiry,
the employment of it in dispute seems to betray apprehen-
sions derogatory from the dignity of Morals, and not con-
sonant either to the dictates of Reason or to the lessons of
experience. The rules of Morality are too deeply rooted in
human nature, to be shaken by every veering breath of
metaphysical theory. Our Moral Sentiments spring from
no theory : they are as general as any part of our nature ;
the causes which generate, or unfold and nourish them, lie
deep in the unalterable interests of society, and in those
primitive feelings of the human heart which no circum-
* Afterwards Archbishop of Dublin. — Ed.
NOTES AND ILLUSTRATIONS. 299
stances can eradicate. The experience of all ages teaches,
that these deep-rooted principles are far less affected than is
commonly supposed, by the revolutions of philosophical
opinion, which scarcely penetrate beyond the surface of
human nature. Exceptions there doubtless are : the most
speculative opinions are not pretended to be absolutely in-
different in their moral tendency ; and it is needless to make
an express exception of those opinions which directly relate
to practice, and which may have a considerable moral effect.
But, in general, the power of the moral feelings, and the
feebleness of speculative opinions, are among the most strik-
ing phenomena in the history of mankind. AVhat teacher,
either philosophical or religious, has ever been successful in
spreading his doctrines, who did not reconcile them to our
moral sentiments, and even recommend them by pretensions
to a purer and more severe morality ? AVherever there is
a seeming or a real repugnance between speculative opinions
and moral rules, the speculator has always been compelled
to devise some compromise which, with whatever sacrifice of
consistency, may appease the alarmed conscience of mankind.
The favour of a few is too often earned by flattering their
vicious passions ; but no immoral system ever acquired popu-
larity. Wherever there is a contest, the speculations yield,
and the principles prevail. The victory is equally decisive,
whether the obnoxious doctrine be renounced, or so modi-
fied as no longer to dispute the legitimate authority of
Conscience.
" Nature has provided other guards for Virtue against
the revolt of sophistry and the inconstancy of opinion. The
whole system of morality is of great extent, and comprehends
a variety of principles and sentiments, — of duties and vir-
tues. Wherever new and singular speculation has been at
first slight thouirht to weaken some of the motives of moral
activity, it has almost uniformly been found, by longer ex-
perience, that the same speculation itself makes amends by
strengthening other inducements to right conduct. There
is thus a principle of compensation in the opinions, as in the
circumstances of man : which, though not sufficient to level
distinction and to exclude preference, has yet such power,
that it ought to appease our alarms, and to soften our con-
troversies. A moral nature assimilates every speculation
which it does not reject. If these general reasonings be
just, with what increased force do they prove the innocence
300 NOTES AND ILLUSTRATIONS.
of error, in a case where, as there seems to be no possibility
of difference about facts, the mistake of either party must
be little more than verbal!
'• We have much more ample experience respecting the
practical tendency of religious than of philosophical opinions.
The latter were formerly confined to the schools, and are
still limited to persons of some education. They are gene-
rally kept apart from our passions and our business, and.
are entertained, as Cicero said, of the Stoical paradoxes,
' more as a subject of dispute than as a rule of life.' Reli-
gious opinions, on the contrary, are spread over ages and
nations ; they are felt perhaps most strongly by the more
numerous classes of mankind; wherever they are sincerely
entertained, they must be regarded as the most serious of
all concerns ; they are often incorporated with the warmest
passions of which the human heart is capable ; and, in this
state, 'froni their eminently social and sympathetic nature,
they are capable of becoming the ruling principle of action
in vast multitudes. Let us therefore appeal to experience,
on the moral influence of Necessarian opinions in their theo-
logical form. By doing so, we shall have an opportunity of
contemplating the principle in its most active state, ope-
rating upon the greatest masses, and for the longest time.
Predestination, or doctrines much inclining towards it, have,
on the whole, prevailed in the Christian churches of the West
since the days of Augustine and Aquinas. Who were the first
formidable opponents of these doctrines in the Church of
Rome? The Jesuits — the contrivers of courtly casuistry, and
the founders of lax morality. Who, in the same church, in-
clined to the stern theology of Augustine ? The Jansenists —
the teachers and the models of austere morals. What are
we to think of the morality of Calvinistic nations, especially
of the most numerous classes of them, who seem, beyond all
other men, to be most zealously attached to their religion,
and most deeply penetrated with its spirit ? Here, if any
where, we have a practical and a decisive test of the moral
influence of a belief in Necessarian opinions. In Protestant
Switzerland, in Holland, in Scotland, among the English
Nonconformists, and the Protestants of the north of Ireland,
in the New-England States, Calvinism long was the preva-
lent faith, and is probably still the faith of a considerable
majority. Their moral education was at least completed,
and their collective character formed, during the prevalence
NOTES AXD ILLUSTRATIONS. 301
of Calvinistic opinions. Yet where are communities to be
found of a more pure and active virtue ? Perhaps these and
other very striking facts, might justify speculations of a some-
what singular nature, and even authorise a retort upon our
respectable antagonists. But we have no such purpose. It
is sufficient for us to do what in us lies to mitigate the
acrimony of controversy, to teach disputants on both sides
to respect the sacred neutrality of Morals, and to show that
the provident and parental care of Nature has sufficiently
provided for the permanent security of the principles of
Virtue.
" If we were to amuse ourselves in remarks on the prac-
tical tendency of opinions, we might with some plausibility
contend, that there was a tendency in infidelity to produce
Toryism. In England alone, we might appeal to the ex-
amples of Hobbes, Bolingbroke, Hume, and Gibbon ; and to
the opposite cases of Milton, Locke, Addison, Clarke, and
even Newton himself; for the last of these great men was
also a Whig. The only remarkable example which now
occurs to us of a zealous believer who was a bigoted Tory,
is that of Dr. Johnson ; and we may balance against him
the whole, or the greater part of the life of his illustrious
iriend, ^Slr. Burke. We would not, however, rest much on
observations founded on so small an experience, that the
facts may arise from causes wholly independent of the
opinion. But another unnoticed coincidence may serve as
nn introduction to a few observations on the scepticism of
the eighteenth century.
"The three most celebrated sceptics of modern times
have been zealous partisans of high authority in govern-
ment. It would be rash to infer, from the remarkable ex-
amples of this coincidence, in INIontaigne, Bayle, and Hume,
that there is a natural connection between scepticism and
Toryism ; or, even, if there were a tendency to such a
connection, that it might not be counteracted by more
powerful circumstances, or by stronger principles of human
nature. It is more worth while, therefore, to consider the
particulars in the history of these three eminent persons,
which may have strengthened or created this j)ropensity.
"Montaigne, who was methodical in nothing, does not
indeed profess systematic scepticism. He was a freethinker
who loosened the ground about received opinions, and in-
dulged his humour in arguing on both sides of most questions.
302 NOTES AND ILLUSTRATIONS.
But the sceptical tendency of his writings is evident ; and
there is perhaps nowhere tf) be found a more vigorous attack
on popuhir innovations, than in the latter part of the 22d
Essay of his first book. But there is no need of any general
speculations to account for the repugnance to change, felt
by a man who was wearied and exasperated by the horrors
of forty years' civil war.
" The case of Bayle is more remarkable. Though banished
from France as a Protestant, he published, without his
name, a tract, entitled, ' Advice to the Refugees,' in the year
1690, which could be considered in no other light than that
of an apology for Louis XIV., an attack on the Protestant
cause, and a severe invective against his companions in exile.
He declares, in this unavowed work, for absolute power and
passive obedience, and inveighs, with an intemperance
scarcely ever found in his avowed writings, against ' the
execrable doctrines of Buchanan,' and the ' pretended
sovereignty of the people,' without sparing even the just
and glorious Revolution, which had at that moment pre-
served the constitution of England, the Protestant religion,
and the independence of Europe. It is no wonder, there-
fore, that he was considered as a partisan of France, and a
traitor to the Protestant cause ; nor can we much blame
King William for regarding him as an object of jealous
policy. Many years after, he was representtfd to Lord Sun-
derland as an eneni}' of the Allies, and a detractor of their
great captain, the Duke of Marlborough. The generous
friendship of the illustrious author of the Characteristics, —
the opponent of Bayle on almost every question of philo-
sophy, government, and, we may add, religion, — preserved
him, on that occasion, from the sad necessity of seeking a
new place of refuge in the very year of his death. The vex-
ations which Bayle underwent in Holland from the Calvinist
ministers, and his long warfare against their leader Jurieu,
who was a zealous assertor of popular opinions, may have
given this bias to his mind, and disposed him to ' fly from
petty tyrants to the throne.' His love of paradox may
have had its share ; for passive obedience was considered as
a most obnoxious paradox in the schools and societies of the
oppressed Calvinists. His enemies, however, did not fail to
impute his conduct to a design of paying his court to Louis
XIV., and to the hope of being received with open arms in
France ; — motives which seem to be at variance both with
NOTES AND ILLUSTRATIONS. 303
the general integrity of his life, and with his favourite passion
for the free indulgence of philosophical speculation. The
scepticism of Bayle must, however, be distinguished from
tliat of Hume. The former of these celebrated writers ex-
amined many questions in succession, and laboured to show
that doubt was, on all of them, the result of examination.
His, therefore, is a sort of inductive scepticism, in which
general doubt was an inference from numerous examples of
uncertainty in particular cases. It is a kind of appeal to
experience, whether so many failures in the search of truth
ought not to deter wise men from continuing the pursuit.
Content with proving, or seeming to himself to prove, that
we have not attained certainty, he does not attempt to prove
that we cannot reach it.
" The doctrine of Mr. Hume, on the other hand, is not
that we have not reached truth, but that we never can
reach it. It is an absolute and universal system of scep-
ticism, professing to be derived from the very structure of
the Understanding, which, if any man could seriously
believe it^ would render it impossible for him to form an
opinion upon any subject, — to give the faintest assent to
any proposition, — to ascribe any meaning to the words
' truth ' and ' falsehood,' — to believe, to inquire, or to reason,
and, on the very same ground, to disbelieve, to dissent, or
to doubt, — to adhere to his own principle of universal
doubt, and, lastly, if he be consistent with himself, even to
think. It is not easy to believe that speculations so shadowy,
which never can pretend to be more than the amusements
of idle ingenuity, should have any influence on the opinions
of men of great understanding, concerning the most im-
portant concerns of human life. But perhaj)s it may be
reasonable to allow, that the same character which disposes
men to scepticism, may dispose them also to acquiesce in
considerable abuses, and even oppressions, rather than to
seek redress in forcible resistance. ^lenof such a character
have misgivings in every enterprise ; their acuteness is ex-
ercised in devising objections, — in discovering difficulties,
— in foreseeing obstacles; they hope little from human
wisdom and virtue, and are rather secretly prone to that
indolence and indifference which forbade the Epicurean
sage to hazard his quiet for the doubtful interests of a con-
temj)til)le race. They do not lend a credulous ear to the
Utopian projector ; they doubt whether the evib of change
304 NOTES AND ILLUSTRATIONS.
will be so little, or the benefits of reform so great, as the
sanguine reformer foretells that they will be. The sceptical
temper of Mr. Hume may have thus insensibly moulded his
political opinions. But causes still more obvious and
powerful had probably much more share in rendering him
so zealous a partisan of regal power. In his youth, the
Presbyterians, to whose enmity his opinions exposed him,
were the zealous and only friends of civil liberty in Scot-
land ; and the close connection of liberty with Calvinism,
made both more odious to him. The gentry in most parts of
Scotland, except in the west, were then Jacobites ; and his
early education was probably among that party. The pre-
judices which he perhaps imbibed in France against the
literature of England, extended to her institutions ; and in
the state of English opinion, when his history was published,
if he sought distinction by paradox, he could not so effectually
have obtained his object by the most startling of his m.eta-
physical dogmas, as by his doubts of the genius of Shake-
speare, and the virtue of Hampden."
Note P. page 137.
Though some parts of the substance of the following
letter have already appeared in various forms, perhaps the
account of Mr. Hume's illness, in the words of his friend and
physician Dr. Cullen, will be acceptable to many readers.
I owe it to the kindness of Mrs. Baillie, who had the good-
ness to copy it from the original, in the collection of her
late learned and excellent husband. Dr. Baillie. Some
portion of what has been formerly published I do not think
it necessary to reprint.
From Dr. Cullen to Dk. Hunter.
" My dear Friend, — I was favoured with yours by Mr.
Halket on Sunday, and have answered some part of it by a
gentleman whom I was otherwise obliged to write by ; but
as I was not certain how soon that might come to your
hand, I did not answer your postscript ; in doing which, if
I can oblige you, a part of the merit must be that of the
information being early, and I therefore give it you as soon
as I possibly could. You desire an account of Mr. Hume's
NOTES AND ILLUSTRATIONS. 305
last days, and I give it you with some pleasure ; for though
I could not look upon him in his illness without much con-
cern, yet the tranquillity and pleasantry which he constantly
discovered did even then give me satisfaction, and, now that
the curtain is dropped, allows me to indulge the less allayed
reflection. He was truly an example des grands homines
qui sont morts en plaisantant. . . . For many weeks before his
death he was very sensible of his gradual decay ; and his
answer to inquiries after his health was, several times, that
he was going as fixst as his enemies could wish, and as easily
as his friends could desire. He was not, however, without
a frequent recurrence of pain and uneasiness : but he
passed most part of the day in his drawing-room, admitted
the visits of his friends, and, with his usual spirit, conversed
with them upon literature, politics, or whatever else was
accidentally started. In conversation he seemed to be per-
fectly at ease, and to the last abounded with that pleasantry,
and those curious and entertaining anecdotes, which ever
distinguished him. This, however, I always considered rather
as an effort to be aj;reeable : and he at lenoth acknowled^jed
that it became too much for his strength. For a few days
before his death, he became more averse to receive visits ;
speaking became more and more difficult for him, and for
twelve hours before his death his speech failed altogether.
His senses and judgment did not fail till the last hour of his
life. He constantly discovered a strong sensibility to the
attention and care of his friends ; and, amidst great uneasi-
ness and languor, never betrayed any peevishness or im-
patience. This is a general account of his last days ; but a
particular fact or two may perhaps convey to you a still
better idea of them.
Kc :f 4> * If 4^
" About a fortnight before his death, he added a codicil
to his will, in which he fully discovered his attention to
his friends, as well as his own pleasantry. What little
wine he himself drank was generally port, a wine for
which his friend the poet [John Home] had ever declare«l
the strongest aversion. David bec^ueaths to his friend
John one bottle of port ; and, upon condition of his
drinking this even at two down-sittings, bestows upon him
twelve dozen of his best claret. He pleasantly adds, that
this subject of wine was the only one upon which they had
ever differed. In the codicil there are several other strokes
VOL. I. X
306 NOTES AND ILLUSTRATIONS.
of raillery and pleasantry, liigbly expressive of the cheer-
fulness which he then enjoyed. He even turned his atten-
tion to some of the simple amusements with which he had
been formerly pleased. In the neighbourhood of his brother's
house in Berwickshire is a brook, by which the access in
time of floods is frequently interrupted. Mr. Hume be-
queaths 100/. for building a bridge over this brook, but
upon the express condition that none of the stones for that
purpose shall be taken from a quarry in the neighbourhood,
which forms part of a romantic scene in which, in his
earlier days, Mr. Hume took particular delight: — otherwise
the money to go to the poor of the parish.
" These are a few particulars which may perhaps appear
trifling ; but to me no particulars seem trifling that relate
to so great a man. It is perhaps from trifles that we can
best distinguish the tranquillity and cheerfulness of the
philosopher, at a time when the most part of mankind are
under disquiet, anxiety, and sometimes even horror .... I
had gone so far when I was called to the country ; and I have
returned only so long before the post as to say, that I am
most affectionately yours,
"William Cullen.
« Edinburgh, 17th September, 1776."
Note Q. page 139.
Pyrrho was charged with carrying his scepticism so far as
not to avoid a carriage if it was driven against him. ^ne-
sidemus, the most famous of ancient sceptics, with great
probability vindicates the more ancient doubter from
such lunacy, of which indeed his having lived to the age of
ninety seems sufficient to acquit him. Ai'veaiStjixog Sa (prjni
(':,iKoao(ptXv [xev avrov Kara rbv ttiq eTTOxrjQ ^oyov, firj fiivroiye
aTrponparujQ 'Uaara Trpdrreiv. — DiogeneS Laertius, lib. ix.
sect. 62. Brief and imperfect as our accounts of ancient
scepticism are, it does appear that their reasoning on the
subject of causation had some resemblance to that of Mr.
Hume. 'Avaipoiiffi t^t to ainov wSe' to uitiov tujv Trpog ri sotj,
TTpog yap r^ airiaru) taTi' to. U Trpog ri f-rrivouTai fxavov
virapx^i- ^« ov' Kal to alriov ovv IttivooIto av [.invov. — Ibid.
sect. 97. It is perhaps impossible to translate the important
technical expression rd irpog n. It comprehends two or
more things as related to each other ; both the relative and
NOTES AND ILLUSTRATIONS. 307
correlative being taken together as such. Fire considered as
having the power of burning wood is to. 7rp6<j n. The words of
Laertius may therefore be nearly rendered into the lan-
guage of modern philosophy as follows : " Causation they
take away thus. A cause is so only in relation to an efl'ect.
What is relative is only conceived, but does not exist.
Therefore cause is a mere conception." The first attempt
to prove the necessity of belief in a Divine revelation, by
demonstrating that natural reason leads to universal scepti-
cism,was made by Algazel, a professor at Bagdad, in the begin-
ning of the twelfth century of our era ; whose work entitled
the " Destruction of the Philosopher " is known to us only
by the answer of Averroes, called "Destruction of the
Destruction." He denied a necessary connection between
cause and effect ; for of two separate things, the affirmation
of the existence of one does not necessarily contain the
affirmation of the existence of the other ; and the same may
be said of denial. It is curious enough that this argument
was more especially pointed against those Arabian philoso-
phers who, from the necessary connection of causes and
effi^cts, reasoned against the possibility of miracles; — thus
anticipating one doctrine of ^Ir. Hume, to impugn another.
— Tennemann, Geschichte der Philosophic, vol. viii. p. 387.
The same attempt was made by the learned but unphiloso-
phical Huet, bishop of Avranches. — (Quajstiones AlnetantB,
Caen, 1690, and Traite de la Foiblesse de I'Esprit Humain,
Amsterdam, 1723). A similar motive urged Berkeley to
his attack on Fluxions. The attempt of Huet has been
lately renewed by the Abbe Lamennais, in his treatise on
Religious Indifference; — a fine writer, whose apparent
reasonings amount to little more than well-varied assertions,
and well-disguised assumptions of the points to be proved.
To build religion upon scepticism is the most extravagant of
all attempts; for it destroys the proofs of a divine mission,
and leaves no natural means of distinguishing between reve-
lation and imposture. The Abbe Lamennais represents
authority as the sole ground of belief. Why ? If any
reason can be given, the proposition must be false ; if none,
it is obviously a mere groundless assertion.
X 2
308 NOTES AND ILLUSTRATIONS.
Note R. page 145.
Casanova, a Yenetian doomed to solitary imprisonment in
the dungeons at Venice in 1755, thus speaks of the only
books which for a time he was allowed to read. The title
of the first was " La Cite Mystique de Sceur Marie de Jesus,
appellee d'Agrada." "J'y lus tout ce que peut enfanter
I'imagination exaltee d'une vierge Espagnole extravagam-
rnent devote, cloitree, melancholique, ayant des directeurs de
conscience, ignorans, faux, et devots. Amoureuse et amie
tres intime de la Sainte Vierge, elle avait reyu ordre de Dieu
meme d'ecrire la vie de sa divine mere. Les instructions
nccessaires lui avaient ete fournies par le Saint Esprit. Elle
commengoit la vie de Marie, non pas du jour de sa nais-
sance, mais du moment de son immaculee conception dans le
sein de sa mere Anne. Apres avoir narre en detail tout ce
que sa divine heroine fit les neuf mois qu'elle a passe dans le
sein maternel, elle nous apprend qu'a I'age de trois ans elle
balayoit la maison, aidee par neuf cents domestiques, tous
anges, coramandes par leur propre Prince Michel. Ce qui
frappe dans ce livre est Tassurance que tout est dit de bonne
foi. Ce sont les visions d'un esprit sublime, qui, sans aucune
ombre d'orgueil, ivre de Dieu, croit ne reveler que ce que
I'Esprit Saint lui inspire." — Memoires de Casanova (Leipsic,
1827), vol. iv. p. 343. A week's confinement to this volume
produced such an eflfect on Casanova, an unbeliever and a
debauchee, but who was then enfeebled by melancholy, bad
air, and bad food, that his sleep was haunted, and his waking
hours disturbed by its horrible visions. Many years after,
passing though Agrada, in Old Castile, he charmed the old
priest of that village by speaking of the biographer of the
virgin. The priest showed him all the spots which were
consecrated by her presence, and bitterly lamented that the
Court of Rome had refused to canonize her. It is the
natural reflection of Casanova that the book was well quali-
fied to turn a solitary prisoner mad, or to make a man at
large an atheist. It ought not to be forgotten, that the in-
quisitors of state at Venice, who proscribed this book, were
probably of the latter persuasion. It is a striking instance
of the infatuation of those who, in their eagerness to rivet
the bigotry of the ignorant, use means which infallibly tend
to spread utter unbelief among the educated. The book is a
disgusting, but in its general outline seemingly faithful, pic-
NOTES AXD ILLUSTRATIONS. 309
ture of the dissolute manners spread over the Continent of
Europe in the middle of the eighteenth century.
Note S. page 150.
" The Treatise on the Law of War and Peace, the Essay
on Human Understanding, the Spirit of Laws, and the
Inquiry into the Causes of the AVealth of Nations, are the
Tvorks which have most directly influenced the general opinion
of r^urope during the two last centuries. They are also the
most conspicuous landmarks in the progress of the sciences
to which they relate. It is remarkable that the defects of all
these great works are very similar. The leading notions of
none of them can, in the strictest sense, be said to be original,
though Locke and Smith in that respect surpass their illus-
trious rivals. All of them employ great care in ascertaining
those laws which are immediately deduced from experience,
or directly applicable to practice ; but apply metaphysical and
abstract principles with considerable negligence. Not one
pursues tlie order of science, beginning with first elements,
and advancing to more and more comj)licated conclusions ;
though Locke is perhnps less defective in method than the
rest. All admit digressions which, though often intrinsically
excellent, distract attention and break the chain of thought.
Not one of them is happy in the choice, or constant in the use
of technical terms ; and in none do we find much of that
rigorous precision which is the first beauty of philosophical
language. Grotius and ]\Iontesquieuwere imitators of Tacitus,
— the first with more gravity, the second with more vivacity;
but both were tempted to forsake the simple diction of science,
in pursuit of the poignant brevity which that great historian
has carried to a vicious excess. Locke and Smith chose an
easy, clear, and free, but somewhat loose and verbose style,
— more concise in Locke, — more elegant in Smith, — in
both exempt from pedantry, but not void of ambiguity and
repetition. Perhaps all these apparent defects contributed
in some degree to the specific usefulness of these great
•works ; and, by rendering their contents more accessible
and acceptable to the majority of readers, have more com-
pletely blended their principles with the common opinions of
mankind." — Edinburgh Review, vol. xxxvi. p. 244. [This
is a further extract from the article alluded to at p. 294. —
Ed.]
X 3
310 NOTES AND n.LUSTRATIONS.
Notes T— U. page 162.
AfT ^ ovTTOjg^ uKTirep tv ypa/jifiaTeioj <^ fijj^ev vira.p\H sx'TfXf-
j^f t'a yeypappsvoV oaTTsp cvptaiv^i trri tov vov. — Aristotle.
"De Anima," Opera (Paris, 1639), tome ii. p. 50. A little
before, in the same treatise, appears a great part of the
substance of the famous maxim, Nil est in intellectu quod
non prius fuit in sensu. "H^£ tpavraaia Kivrjrrlg ng Soksi dvai,
Kal ovK dvev ai(T9r)(Tfojg yiyveaQcu. — Ibid. p. 47. In the tract
on Memory and Reminiscence we find his enumeration of
the principles of association. Aid Kai rd tftKrjg ^rjptvoptv^
vorjcrovvreg d-no rod vhv j") dXkov rd'oc, Kal dcj)' opoiov tj tvavriov^
rj TOV avveyyvc. — Ibid. p. 86. If the latter word be applied
to time as well as space, and considered as comprehending
causation, the enumeration will coincide with that of Hume.
The term Bijpevu) is as significant as if it had been chosen by
Hobbes. But it is to be observed, that these principles are
applied only to explain memory.
Something has been said on the subject, and something on
the present writer, by Mr. Coleridge, in his unfortunately
unfinished work, called "Biographia Literaria," chap, v.,
which seems to justify, if not to require, a few remarks.
That learned gentleman seems to have been guilty of an over-
sight in quoting as a distinct work the " Parva Naturalia,"
which is the collective name given by the scholastic trans-
lators to those treatises of Aristotle which form the second
volume of Duval's edition of his works, published at Paris
in 1639. I have already acknowledged the striking resem-
blance of Mr. Hume's principles of association to those of
Aristotle. In answer, however, to a remark of Mr. Cole-
ridge, I must add, that the manuscript of a part of Aquinas
which I bought many years ago (on the faith of a booksel-
ler's catalogue), as being written by Mr. Hume, was not a
copy of the Commentary on the "Parva Naturalia," but of
Aquinas's own " Secunda Secundae ; " and thnt, on exami-
nation, it proves not to be the handwriting of Mr. Hume,
and to contain nothing written by him. It is certain that,
in the passages immediately preceding the quotation, Aris-
totle explains recollection as depending on a general law, —
that the idea of an object will remind us of the objects which
immediately preceded or followed when originally perceived.
But what Mr. Coleridge has not told us is, that the Stagy-
NOTES AND ILLUSTRATIONS. 311
rite confines the application of this law exclusively to the
phenomena of recollection alone, without any glimj)se of a
more general operation extending to all connections of
thought and feeling, — a wonderful proof, indeed, even so
limited, of the sagacity of the great philosopher, but which
for many ages continued barren of further consequences.
The illustrations of Aquinas throw light on the original doc-
trine, and show that it was unenlarged in his time. " When
we recollect Socrates, the thought of Plato occurs ' as like
him.' When we remember Hector, the thought of Achilles
occurs 'as contrary.' The idea of a father is followed by
that of a son ' as near.'" — Opera, vol. i. pars ii. p. 62. et seq.
Those of Ludovicus Vives, as quoted by Mr. Coleridge, ex-
tend no farther. But if Mr. Coleridge will compare the parts
of Hobbes on Human Nature which relate to this subject,
with those which explain general terms, he will perceive that
the philosopher of Malmesbury builds on these two founda-
tions a general theory of the human understanding, of which
reasoning is only a particular case. In consequence of the
assertion of ^Ir. Coleridge, that Hobbes was anticipated by
Descartes in his excellent and interesting discourse on
Method, I have twice reperused the latter's work in quest of
this remarkable anticipation, though, as I thought, well ac-
quainted by my old studies with the writings of that great
philosopher. jNIy labour has, however, been vain : I have
discovered no trace of that or of any similar speculation.
My edition is in Latin by Elzevir, at Amsterdam, in 1650,
the year of Descartes's death. I am obliged, therefore, to
conjecture, that Mr. Coleridge, having mislaid his references,
has, by mistake, quoted the discourse on ^Method, instead
of another work ; which would affect his inference from the
priority of Descartes to Hobbes. It is not to be denied,
that the opinion of Aristotle, repeated by so many com-
mentators, may have found its way into the mind of Hobbes,
and also of Hume ; though neither might be aware of its
source, or even conscious that it was not originally his own.
Yet the very narrow view of Association taken by Locke,
his apparently treating it as a novelty, and the silence of
common books respecting it, afford a presumption that the
Peripatetic doctrine was so little known, that it might have
escaped the notice of these philosophers; — one of whom
boasted that he was unread, while the other is not liable to
the suspicion of unacknowledged borrowing.
X 4
312 NOTES AND ILLUSTRATIONS.
To Mr. Coleridge, who distrusts his own power of build-
ing a bridge by which his ideas may pass into a mind so
differently trained as mine, I venture to suggest, with that
sense of his genius which no circumstance has hindered me
from seizing every fit occasion to manifest, that more of my
early years were employed in contemplations of an abstract
nature than of those of the majority of his readers, — that
there are not, even now, many of them less likely to be
repelled from doctrines by singularity or uncouthness ; or
many more willing to allow that every system has caught
an advantageous glimpse of some side or corner of the
truth ; or many more desirous of exhibiting this dispersion
of the fragments of wisdom by attempts to translate the
doctrine of one school into the language of another ; or
many who when they cannot discover a reason for an
opinion, consider it more important to discover the causes
of its adoption by the philosopher ; — believing, as I do, that
one of the most arduous and useful offices of mental philo-
sophy is to explore the subtile illusions which enable great
minds to satisfy themselves by mere words, before they de-
ceive others by payment in the same counterfeit coin. My
habits, together with the natural influence of my age and
avocations, lead me to suspect that in speculative philosophy
I am nearer to indifference than to an exclusive spirit. I
hope that it can neither be thought presumptuous nor
offensive in me to doubt, whether the circumstance of its
being found difficult to convey a metaphysical doctrine to
a person who, at one part of his life, made such studies his
chief pursuit, may not imply either error in the opinion, or
defect in the mode of communication.
Note V. page 196.
A very late writer, who seems to speak for Mr. Bentham
with authority, tells us that " the first time the phrase of
' the principle of utility ' was brought decidedly into no-
tice, was in the ' Essays,' by David Hume, published about
the year 1742. In that work it is mentioned as the name of
a principle which might be made the foundation of a system
of morals, in opposition to a system then in vogue, which was
founded on what was called the ' moral sense.'' The ideas,
however, there attached to it, are vague and defective in
practical application.'''' — Westminster Review, vol. xi. p. 258.
NOTES AND ILLUSTRATIOXS. 313
If these few sentences were scrutinised with the severity
and minuteness of Bentham's Fragment on Government,
thej would be found to contain almost as many misremem-
brances as assertions. The principle of Utility is not
" mentioned^''' but fully discussed, in Mr. Hume's discourse.
It is seldom spoken of by " name.'" Instead of chargino-
the statements of it with " vagueness,'' it would be more
just to admire the precision which it combines with beauty.
Instead of being " defective in practical application,''' per-
haps the desire of rendering it popular has crowded it with
examples and illustrations taken from life. To the asser-
tion that " it icas opposed to the moral sense," no reply can
be needful but the following words extracted from the dis-
course itself: "I am apt to suspect that reason and seiiti-
ment concur in almost all moral determinations and con-
clusions. The final sentence which pronounces characters and
actions amiable or odious, prohahhj depends on some internal
sense or feeling, which nature has made universal in the whole
species'' — Incjuiry concerning the Principles of IMorals,
sect. 1. The phrase "made universal," which is here used
instead of the more obvious and common word *' implanted,"
shows the anxious and perfect precision of language, by
which a philosopher avoids the needless decision of a con-
troversy not at the moment before him.
[Dr. Whewell puts the case against the present w/5-deno-
mination assumed by the disciples of ^Ir. Bentham thus
neatly : — ''If the word from which Deontology is derived
had borrowed its meaning from the notion of utility alone, it
is not likely that it would have become more intelligible by
being translated out of Latin into Greek. But the terra
'Deontology' expresses moral science (and expresses it well),
precisely because it signifies the science of duty, and contains
no reference to Utility. Mackintosh, who held that to ckov
— what men ought to do — was the fundamental notion of
morality, might very probably have termed the science
' Deontology.' The svstem of which ^Mr. Bentham is the
representative — that of those who make morality depen-
dent on the production of happiness — has long been de-
signated in Germany by the term ' £udemonism,' derived
from the Greek word for happiness (iv^atnotna). If we
were to adopt this term, we should have to oppose the
Deontological to the Eudemonist school ; and we must ne-
cessarily place those who hold a peculiar moral faculty, —
314 NOTES AND ILLUSTRATIONS.
Butler, Stewart, Brown, and Mackintosh, — in the former,
and those who are usually called Utilitarian philosophers in
the latter class." — Preface to this Dissertation, 8vo., Edin-
burgh, 1837. Ed.]
KoTE W. page 199.
A writer of consummate ability, who has failed in little
but the respect due to the abilities and character of his
opponents, has given too much countenance to the abuse
and confusion of language exemplified in the well-known
verse of Pope, —
" Modes of self-love the Passions we may call,"
" We know," says he, " no universal proposition respecting
human nature which is true but one, — that men always act
from self-interest." — Edinburgh Review, vol. xlix. p. 185.
It is manifest from the sequel, that the writer is not the
dupe of the confusion ; but many of his readers may be so.
If, indeed, the word " self-interest " could with propriety
be used for the gratification of every prevalent desire, he
has clearly shown that this change in the signification of
terms would be of no advantage to the doctrine which he
controverts. It would make as many sorts of self-interest
as there are appetites, and it is irreconcilably at variance
with the system of association embraced by Mr. Mill. To
the word " self-love," Hartley properly assigns two signifi-
cations : — 1. gross self-love, which consists in the pursuit
of the greatest pleasures, from all those desires which look
to individual gratification ; or, 2. refined self-love, which
seeks the greatest pleasure which can arise from all the de-
sires of human nature, — the latter of which is an invalu-
able, though inferior principle. The admirable writer whose
language has occasioned this illustration, — who at an early
age has mastered every species of composition, — will doubt-
less hold fast to simplicity, which survives all the fashions
of deviation from it, and which a man of a genius so fertile
has few temptations to forsake.
ON THE
PHILOSOPHICAL GEXIUS
OP
LORD BACOX AND MR. LOCKE.*
"History," says Lord Bacon, "is Natural, Civil or
Ecclesiastical, or Literary; whereof the three first I
allow as extant, the fourth I note as deficient. For
no man hath propounded to himself the general state
of learning, to be described and represented from age
to age, as many have done the works of Nature, and
the State civil and ecclesiastical ; without which the
history of the world seemeth to me to be as the statue
of Polyphemus with his eye out ; that part being
wanting which doth most show the spirit and life of
the person. And yet I am not ignorant, that in
divers particular sciences, as of the jurisconsults, the
mathematicians, the rhetoricians, and the philosophers,
there are set down some small memorials of the
schools, — of authors of books ! so likewise some
barren relations touching the invention of arts or
usages. But a just story of learning, containing the
antiquities and originals of knowledges, and their sects,
their inventions, their traditions, their divers adminis-
trations and managings, their oppositions, decays,
depressions, oblivions, removes, with the causes and
occasions of them, and all other events concerning
* These remarks are extracted from the Edinburgh Review,
vol. xxvii. p. 180. ; vol. xxxvi. p. 229. — Ed.
316 ON THE PHILOSOPHICAL GENIUS
learning tlirougliout the ages of the world, I may
truly affirm to be wanting. The use and end of
which work I do not so much design for curiosity, or
satisfaction of those who are lovers of learning, but
chiefly for a more serious and grave purpose, which
is this, in few words, ' that it tvill make learned men
wise in the use and administration of learning ^^"^
Though there are passages in the writings of Lord
Bacon more splendid than the above, few, probably,
better display the union of all the qualities which
characterised his philosophical genius. He has in
general inspired a fervour of admiration which vents
itself in indiscriminate praise, and is very adverse to
a calm examination of the character of his under-
standing, which was very peculiar, and on that
account described with more than ordinary imperfec-
tion, by that unfortunately vague and weak part of
language which attempts to distinguish the varieties
of mental superiority. To this cause it may be
ascribed, that perhaps no great man has been either
more ignorantly censured or more uninstructively
commended. It is easy to describe his transcendent
merit in general terms of commendation ; for some of
his great qualities lie on the surface of his writings.
But that in which he most excelled all other men,
was the range and compass of his intellectual view and
the power of contemplating many and distant objects
together without indistinctness or confusion, which
he himself has called the "discursive" or "compre-
hensive " understanding. This wide ranging intellect
was illuminated by the brightest Fancy that ever
contented itself with the office of only ministering to
Reason ; and from this singular relation of the two
grand faculties of man, it has resulted, that his philo-
sophy, though illustrated still more than adorned by
the utmost splendour of imagery, continues still
subject to the undivided supremacy of Intellect. In
* Advancement of Learning, book ii.
OP BACON AND LOCKE. 317
the midst of all the prodigality of an imagination
which, had it been independent, would have been
poetical, his opinions remained severely rational.
It is not so easy to conceive, or at least to describe,
other equally essential elements of his greatness, and
conditions of his success. His is probably a single
instance of a mind which, in philosophising, always
reaches the point of elevation whence the Avhole pro-
spect is commanded, without ever rising to such a
distance as to lose a distinct perception of every part
of it.* It is perhaps not less singular, that his philo-
sophy should be founded at once on disregard for the
authority of men, and on reverence for the boundaries
prescribed by Nature to human inquiry ; that he who
thought so little of what man had done, hoped so
highly of what he could do ; that so daring an inno-
vator in science should be so wholly exempt from the
love of singularity or paradox ; and that the same
man who renounced imaginary provinces in the
empire of science, and withdrew his landmarks within
the limits of experience, should also exhort posterity
to push their conquests to its utmost verge, with a
boldness which will be fully justified only by the dis-
coveries of ages from which we are yet far distant.
No man ever united a more poetical style to a less
poetical philosophy. One great end of his discipline
is to prevent mysticism and fanaticism from obstruct-
ing the pursuit of truth. With a less brilliant fancy,
he would have had a mind less qualified for philo-
sophical inquiry. His fancy gave him that power of
* He himself who alone was qualified, has described the genius
of his philosophy both in respect to the degree and manner in
which he rose from particidars to generals : " Axiomata infima
non multum ab experientia nuda discrepant. Suprema vero ilia
et generalissima (quie habentur) notionalia sunt et abstracta, ct
nil habent solidi. At media sunt axiomata ilia vera, et solida,
et viva, in quibus humana; res et fortunaj sitai sunt, et supra ha^c
quoque, tandem ipsa ilia generalis-sima, talia scilicet quae non
abstracta sint, sed per ha^c media vere limitantur." — Norum
Ojganum, lib. L aphoris. 104.
318 ON THE PHILOSOPHICAL GENIUS
illustrative metaphor, by which he seemed to have
invented again the part of language which respects
philosophy; and it rendered new truths more dis-
tinctly visible even to his own eye, in their bright
clothing of imagery. Without it, he must like others
have been driven to the fabrication of uncouth tech-
nical terms, which repel the mind either by vulgarity
or pedantry, instead of gently leading it to novelties
in science, through agreeable analogies with objects
already familiar. A considerable portion doubtless
of the courage with which he undertook the reforma-
tion of philosophy, was caught from the general
spirit of his extraordinary age, when the mind of
Europe was yet agitated by the joy and pride of
emancipation from long bondage. The beautiful my-
thology, and the poetical history of the ancient world,
— not yet become trivial or pedantic, — appeared
before his eyes in all their freshness and lustre. To
the general reader they were then a discovery as
recent as the world disclosed by Columbus. The
ancient literature, on which his imagination looked
back for illustration, had then as much the charm of
novelty as that rising philosophy through which his
reason dared to look onward to some of the last
periods in its unceasing and resistless course.
In order to form a just estimate of this wonderful
person, it is essential to fix steadily in our minds,
what he was not, — what he did not do, — and what
he professed neither to be, nor to do. He was not
what is called a metaphysician : his plans for the
improvement of science were not inferred by abstract
reasoning from any of those primary principles to
which the philosophers of Greece struggled to fasten
their systems. Hence he has been treated as em-
pirical and superficial by those who take to themselves
the exclusive name of profound speculators. He was
not, on the other hand, a mathematician, an astro-
nomer, a physiologist, a chemist. He was not emi-
nently conversant with the particular truths of any
OF BACON AND LOCKE. 319
of those sciences which existed in his time. For this
reason, he was underrated even by men themselves
of the highest merit, and by some who had acquired
the most just reputation, by adding new facts to the
stock of certain knowledge. It is not therefore very
surprising to find, that Harvey, "though the friend
as well as physician of Bacon, though he esteemed
him much for his wit and style, would not allow him
to be a great philosopher ; " but said to Aubrey, " He
writes philosophy like a Lord Chancellor," — " in deri-
sion,"— as the honest biographer thinks fit expressly
to add. On the same ground, though in a manner
not so agreeable to the nature of his own claims on
reputation, Mr. Hume has decided, that Bacon was
not so great a man as Galileo, because he was not so
great an astronomer. The same sort of injustice to
his memory has been more often committed than
avowed, by professors of the exact and the experi-
mental sciences, who are accustomed to regard, as
the sole test of service to Knowledge, a palpable
addition to her store. It is very true that he made
no discoveries : but his life was employed in teaching
the method by which discoveries are made. This
distinction was early observed by that ingenious poet
and amiable man, on whom we, by our unmerited
neglect, have taken too severe a revenge, for the
exaggerated praises bestowed on him by our ances-
tors : —
" Bacon, like Moses, led us forth at last,
' The barren wilderness he past,
Did on the very border stand
Of the blest promised land ;
And from the mountain top of his exalted wit,
Saw it himself, and shewed us it." *
The writings of Bacon do not even abound with
remarks so capable of being separated from the mass
of previous knowledge and reflection, that they can be
* Cowley, Ode to the Royal Society.
320 ON THE PHILOSOPHICAL GENIUS
called new. This at least is very far from their
greatest distinction : and where such remarks occur,
they are presented more often as examples of his
general method, than as important on their own
separate account. In physics, Avhich presented the
principal field for discovery, and which owe all that
they are, or can be, to his method and spirit, the ex-
periments and observations which he either made or
registered, form the least valuable part of his writings,
and have furnished some cultivators of that science
Avith an opportunity for an ungrateful triumph over
his mistakes. The scattered remarks, on the other
hand, of a moral nature, where absolute novelty is
precluded by the nature of the subject, manifest most
strongly both the superior force and the original bent
of his understanding. We more properly contrast
than compare the experiments in the Natural History,
with the moral and political observations which en-
rich the Advancement of Learning, the speeches, the
letters, the History of Henry VII., and, above all, the
Essays, a book which, though it has been praised with
equal fervour by Voltaire, Johnson, and Burke, has
never been characterised with such exact justice, and
such exquisite felicity of expression, as in the dis-
course of Mr. Stewart.* It will serve still more dis-
tinctly to mark the natural tendency of his mind, to
observe that his moral and political reflexions relate
to these practical subjects, considered in their most
* " Under the same head of Ethics, may be mentioned the
small volume to which he has given the title of 'Essays,' — the
best known and most popular of all his works. It is also one of
those where the superiority of his genius appears to the greatest
advantage ; the novelty and depth of his reflexions often receiving
a strong relief from the triteness of the subject. It may be read
from beginning to end in a few hours ; and yet, after the twentieth
perusal, one seldom fails to remark in it something unobserved
before. This, indeed, is a characteristic of all Bacon's writings,
and is only to be accounted for by the inexhaustible aliment they
furnish to our own thoughts, and the sympathetic activity they impart
to our torpid faculties." — Eucyclopsedia Britanuica, vol. i. p. 36.
OF BACON AND LOCKE. 321
practical point of view ; and that lie has seldom or
never attempted to reduce to theory the infinite par-
ticulars of that " civil knowledge," which, as he him-
self tells us, is, " of all others, most immersed in matter,
and hardliest reduced to axiom."
His mind, indeed, was formed and exercised in the
affairs of the world : his genius was eminently civil.
His understanding Avas peculiarly fitted for questions
of legislation and of policy ; though his character was
not an instrument well qualified to execute the dictates
of his reason. The same civil wisdom which distin-
guishes his judgments on human affairs, may also be
traced through his reformation of philosophy. It is a
practical judgment applied to science. ^^^lat he
effected was reform in the maxims of state, — a reform
which had always before been unsuccessfully pursued
in the republic of Letters. It is not derived from
metaphysical reasoning, nor from scientific detail, but
from a species of intellectual prudence, which, on the
practical ground of failure and disappointment in the
prevalent modes of pursuing knowledge, builds the
necessity of alteration, and inculcates the advantage
of administering the sciences on other principles. It
is an error to represent him either as imputing fallacy
to the syllogistic method, or as professing his principle
of induction to be a discovery. The rules and forms
of argument will always form an important part of the
art of logic ; and the method of induction, which is
the art of discovery, was so far from being unknown
to Aristotle, that it was often faithfully pursued by
that great observer. What Bacon aimed at, he accom-
plished ; which was, not to discover new principles,
but to excite a new spirit, and to render observation
and experiment the predominant characteristics of
philosophy. It is for this reason that Bacon could
not have been the author of a system or the founder
of a sect. He did not deliver opinions ; he taught
modes of philosophising. His early immersion in
civil affairs fitted him for this species of scientific
VOL. I. Y
322 ON THE PHILOSOPHICAL GENIUS
reformation. His political course, though in itself
unhappy, probably conduced to the success, and cer-
tainly influenced the character, of the contemplative
part of his life. Had it not been for his active habits,
it is likely that the pedantry and quaintness of his age
V70uld have still more deeply corrupted his significant
and majestic style. The force of the illustrations
which he takes from his experience of ordinary life,
is often as remarkable as the beauty of those which
he so happily borrows from his study of antiquity.
But if we have caught the leading principle of his
intellectual character, we must attribute effects still
deeper and more extensive, to his familiarity with the
active world. It guarded him against vain subtlety,
and against all speculation that was either visionary
or fruitless. It preserved him from the reigning
prejudices of contemplative men, and from undue pre-
ference to particular parts of knowledge. J£ he had
been exclusively bred in the cloister or the schools,
he might not have had courage enough to reform
their abuses. It seems necessary that he should have
been so placed as to look on science in the free spirit
of an intelligent spectator. Without the pride of
professors, or the bigotry of their followers, he sur-
veyed from the world the studies which reigned in
the schools : and trying them by their fruits, he saw
that they were barren, and therefore pronounced that
they were unsound. He himself seems, indeed, to
liave indicated as clearly as modesty would allow, in
a case that concerned himself, and where he departed
from an universal and almost natural sentiment, that
he regarded scholastic seclusion, then more unsocial
and rigorous than it now can be, as a hindrance in
the pursuit of knowledge. In one of the noblest
passages of his writings, the conclusion " of the In-
terpretation of Nature," he tells us, " That there is no
composition of estate or society, nor order or quality
of persons, which have not some point of contrariety
towards true knowledge; that monarchies incline
OF BACOX AND LOCKE. 323
wits to profit and pleasure ; commonwealtlis to glorj
and vanity ; universities to sophistry and affectation ;
cloisters to fables and unprofitable subtlety ; study at
large to variety ; and that it is hard to say whether
mixture of contemplations with an active life, or
retiring wholly to contemplations, do disable or hinder
the mind more."
But though he was thus free from the prejudices
of a science, a school or a sect, other prejudices of a
lower nature, and belonging only to the inferior class
of those who conduct civil afi^iirs, have been ascribed
to him by encomiasts as well as by opponents. He
has been said to consider the great end of science to be
the increase of the outward accommodations and en-
joyments of human life : we cannot see any foundation
for this charge. In labouring, indeed, to correct the
direction of study, and to withdraw it from these
unprofitable subtleties, it was necessary to attract it
powerfully towards outward acts and works. lie no
doubt duly valued "the dignity of this end, the
endowment of man's life with new commodities;" and
he strikingly observes, that the most poetical people
of the world had admitted the inventors of the useful
and manual arts among the highest beings in their
beautiful mythology. Had he lived to the age of
Watt and Davy, he would not have been of the vulgar
and contracted mind of those who cease to admire
grand exertions of intellect, because they are useful to
mankind: but he would certainly have considered
their great works rather as tests of the progress of
knowledge than as parts of its highest end. His im-
portant questions to the doctors of his time were : —
" Is truth ever barren ? Are we the richer by one poor
invention, by reason of all the learning tliat hath been
these many hundred years?" His judgment, we may
also hear from himself: — "Francis Bacon thought in
this manner. The knowledge whereof the world is
now possessed, especially that of nature, extendeth
not to jnagnitude and certainty of worhs^'' He found
Y 2
324 ON THE PHILOSOPHICAL GENIUS
knowledge barren ; he left it fertile. He did not
underrate the utility of particular inventions ; but it
is evident that he valued them most, as being them-
selves among the highest exertions of superior intellect,
— as being monuments of the progress of knowledge,
— as being the bands of that alliance between action
and speculation, wherefrom springs an appeal to ex-
perience and utility, checking the proneness of the
philosopher to extreme refinements ; while teaching
men to revere, and exciting them to pursue science
by these splendid proofs of its beneficial power. Had
he seen the change in this respect, which, produced
chiefly in his own country by the spirit of his philoso-
phy, has made some degree of science almost necessary
to the subsistence and fortune of large bodies of men,
he would assuredly have regarded it as an additional
security for the future groAvth of the human under-
standing. He taught, as he tells us, the means, not of
the "amplification of the power of one man over his
country, nor of the amplification of the power of that
country over other nations ; but the amplification of the
power and kingdom of mankind over the world," — "a
restitution of man to the sovereignty of nature,"* —
" and the enlarging the bounds of human empire to the
eiFecting all things possible." f From the enlargement
of reason, he did not separate the growth of virtue,
for he thought that " truth and goodness were one,
differing but as the seal and the print ; for truth
prints goodness." :|:
As civil history teaches statesmen to profit by the
faults of their predecessors, he proposes that the
history of philosophy should teach, by example,
" learned men to become wise in the administration of
learning." Early immersed in civil aiFairs, and deeply
imbued with their spirit, his mind in this place con-
templates science only through the analogy of govern-
* Of the Interpretation of Nature. f New Atlantis.
J Advancement of Learning, book i.
OF BACON AND LOCKE. 325
ment, and considers principles of philosophising as the
easiest maxims of policy for the guidance of reason.
It seems also, that in describing the objects of a
history of philosophy, and the utility to be derived
from it, he discloses the principle of his own exertions
in behalf of knowledge ; — whereby a reform in its
method and maxims, justified by the experience of
their injurious effects, is conducted with a judgment
analogous to that civil prudence which guides a wise
lawgiver. If (as may not improbably be concluded
from this passage) the reformation of science was
suggested to Lord Bacon, by a review of the history
of philosophy, it must be owned, that his outline of
that history has a very important relation to the
general character of his philosophical genius. The
smallest circumstances attendant on that outline serve
to illustrate the powers and habits of thought which
distinguished its author. It is an example of his
faculty of anticipating, — not insulated facts or single
discoveries, — but (what from its complexity and re-
finement seem much more to defy the power of pro-
phecy) the tendencies of study, and the modes of
thinking, which were to prevail in distant generations,
that the parts which he has chosen to unfold or en-
force in the Latin versions, are those which a thinker
of the present age would deem both most excellent
and most arduous in a history of philosophy; — " the
causes of literary revolutions ; the study of contempo-
rary writers, not merely as the most authentic sources
of information, but as enabling the historian to pre-
serve in his own description the peculiar colour of
every age, and to recall its literary genius from the
dead." This outline has the uncommon distinction of
being at once original and comj)lete. In tliis province,
Bacon had no forerunner ; and tlie most successful
follower will be he, who most faithfully observes his
precepts.
Here, as in every province of knowledge, he con-
cludes his review of the performances and prospects
Y 3
326 ON THE PHILOSOPHICAL GENIUS
of the human understanding, by considering their
subservience to the grand purpose of improving the
condition, the faculties, and the nature of man, without
which, indeed, science would be no more than a
beautiful ornament, and literature would rank no
higher than a liberal amusement. Yet it must be
acknowledged, that he rather perceived than felt the
connection of Truth and Good. Whether he lived too
early to have sufficient experience of the moral bene-
fit of civilisation, or his mind had early acquired
too exclusive an interest in science, to look fre-
quently beyond its advancement; or whether the in-
firmities and calamities of his life had blighted his
feelings, and turned away his eyes from the active
world ; — to whatever cause we may ascribe the defect,
certain it is, that his works want one excellence of the
highest kind, which they would have possessed if he
had habitually represented the advancement of know-
ledge as the most eiFectual means of realising the
hopes of Benevolence for the human race.
The character of Mr. Locke's writings cannot be
well understood, without considering the circum-
stances of the writer. Educated among the English
Dissenters, during the short period of their political
ascendency, he early imbibed the deep piety and
ardent spirit of liberty which actuated that body of
men ; and he probably imbibed also, in their schools,
the disposition to metaphysical inquiries which has
every where accompanied the Calvinistic theology.
Sects, founded on the right of private judgment,
naturally tend to purify themselves from intolerance,
and in time learn to respect, in others, the freedom of
thought, to the exercise of which they owe their own
existence. By the Independent divines who were his
instructors, our philosopher was taught those prin-
ciples of religious liberty which they were the first to
OF BACOX AND LOCKE. 327
disclose to the world.* When free inquiry led him to
milder dogmas, he retained the severe morality which
was their honourable singularity, and which continues
to distinguish their successors in those conununities
which have abandoned their rigorous opinions. His
professional pursuits afterwards engaged him in the
study of the physical sciences, at the moment when
the spirit of experiment and observation was in its
youthful fervour, and when a repugnance to scholastic
subtleties was the ruling passion of the scientific
world. At a more mature age, he was admitted into
the society of great wits and ambitious politicians.
During the remainder of his life, he was often a man
of business, and always a man of the world, without
much undisturbed leisure, and probably with that
abated relish for merely abstract speculation, which is
the inevitable result of converse with society and ex-
perience in affiiirs. But his political connections
agreeing with his early bias, made him a zealous ad-
vocate of liberty in opinion and in government ; and
he gradually limited his zeal and activity to the illus-
tration of such general principles as are the guardians
of these great interests of human society.
Almost all his writings (even his Essay itself) were
occasional, and intended directly to counteract the
enemies of reason and freedom in his own age. The
first Letter on Toleration, the most original perhaps
of his works, was composed in Holland, in a retire-
ment where he was forced to conceal himself from the
tyranny which pursued him into a foreign land ; and
* Orme's Memoirs of Dr. Owen, pp. 99 — 110. In this very
able volume, it is clearly proved that the Independents were the
first teachers of reli^'ious liberty. The industrious, ingenious,
and tolerant writer, is unjust to Jeremy Taylor, who had no
share (as ^Ir. Orme supposes) in the persecuting councils of
Charles IL It is an important fact in tiie history of Toleration,
that Dr. Owen, the Independent, was Dean of Christchurch in
1651, when Locke was admitted a member of that College,
" under a fanatical tutor" as Antony "Wood says.
Y 4
328 ON THE PHILOSOPHICAL GENIUS
it was published in England, in the year of the Eevo-
lution, to vindicate the Toleration Act, of which he
lamented the imperfection.*
His Treatise on Government is composed of three
parts, of different character, and very unequal merit.
The confutation of Sir Robert Filmer, with Avhich it
opens, has long lost all interest, and is now to be
considered as an instance of the hard fate of a phi-
losopher who is compelled to engage in a conflict
with those ignoble antagonists, who acquire a mo-
mentary importance by the defence of pernicious
falsehoods. The same slavish absurdities have indeed
been at various times revived : but they never have
assumed, and probably never will again assume, the
form in which they were exhibited by Filmer. Mr.
Locke's general principles of government were adopted
by him, probably without much examination, as the
doctrine which had for ages- prevailed in the schools
of Europe, and which aftbrded an obvious and ade-
quate justification of a resistance to oppression. He
delivers them as he found them, without even appear-
ing to have made them his own by new modifications.
The opinion, that the right of the magistrate to obe-
dience is founded in the original delegation of power
by the people to the government, is at least as old as
* " We have need," says he, " of more generous remedies
than have yet been used in ovu' distempers. It is neither decla-
rations of indulgence, nor acts of comprehension such as have
yet been practised or projected amongst us, that can do tlie work
among us. Absolute liberty, just and true liberty, equal and
impartial liberty, is the thing that we stand in need of. Noav,
though this has indeed been much talked of, I doubt it has not
been much understood, — I am sure not at all practised, either by
our governors towards the people in general, or by any dissenting
parties of the people towards one another." How far are we, at
this moment [1821], from adopting these admirable principles !
and with what absurd confidence do the enemies of religious
liberty appeal to the authority of Mr. Locke for continuing those
restrictions on conscience which he so deeply lamented !
OF BACOX AND LOCKE. 329
the Tvritings of Thomas Aquinas * : and in the begin-
ning of the seventeenth century, it was regarded as
the common doctrine of all the divines, jurists and
philosophers, "who had at that time examined the
moral foundation of political authority. f It then pre-
vailed indeed so universally, that it was assumed by
Hobbes as the basis of his system of universal servi-
tude. The divine right of kingly government was a
principle very little known, till it was inculcated in the
writings of English court divines after the accession
of the Stuarts. The purpose of Mr. Locke's work
did not lead him to inquire more anxiously into the
solidity of these universally received principles ; nor
were there at the time any circumstances, in the con-
dition of the country, which could suggest to his
mind the necessity of qualifying their application.
His object, as he says himself, was " to establish the
throne of our great Restorer, our present King Wil-
liam ; to make good his title in the consent of the
people, wdiich, being the only one of all lawful go-
vernments, he has more fully and clearly than any
prince in Christendom ; and to justify to the world
* " Non cujiislibet ratio facit legem, sed multitudinis, ant
principis, vicein multitudinis gerentis.^' — Summa Theologian, pars i.
quajst. 90.
f " Opinionem jam factara communcm omnium Scholasti-
corum. — Antonio dc Dominis, Do Kepublica Ecclcsiastica, lib.
vi. cap. 2. Antonio de Dominis, Archbishop of Spalato in Dal-
matia, having imbibed the free spirit of Fatlicr Paul, inclined
towards Protestantism, or at least towards such reciprocal con-
cessions as might reunite the churches of the West. During Sir
Henry Wotton's remarkable embassy at Venice, he was persuaded
to go to England, where he was made DeaTi of Windsor. Find-
ing, perhaps, the Protestants more inflexible than he expected,
he returned to Rome, possibly with the hope of more success in
that quarter. But, though he publicly abjured his errors, he was
soon, in consequence of some free language in conversation,
thrown into a dungeon, where he died. His own writings are
forgotten ; but mankind are indebted to him for the admirable
Histoiy of the Council of Trent by Father Paul, of which he
brought the MSS. with him to London.
330 ON THE PHILOSOPHICAL GENIUS
the people of England, whose love of their just and
natural rights, with their resolution to preserve them,
saved the nation Avhen it was on the very brink of
slavery and ruin." It was essential to his purpose to
be exact in his more particular observations : that
part of his work is, accordingly, remarkable for gene-
ral caution, and every where bears marks of his own
considerate mind. By calling William " a Restorer,"
he clearly points out the characteristic principle of
the Revolution ; and sufficiently shows that he did
not consider it as intended to introduce novelties, but
to defend or recover the ancient laws and liberties of
the kingdom. In enumerating cases which justify
resistance, he confines himself, almost as cautiously
as the Bill of Rights, to the grievances actually suf-
fered under the late reign : and where he distinguishes
between a dissolution of government and a dissolution
of society, it is manifestly his object to guard against
those inferences which would have rendered the
Revolution a source of anarchy, instead of being the
parent of order and security. In one instance only,
that of taxation, where he may be thought to have in-
troduced subtle and doubtful speculations into a
matter altogether practical, his purpose was to dis-
cover an immovable foundation for that ancient prin-
ciple of rendering the government dependent on the
representatives of the people for pecuniary supply,
which first established the English Constitution ; which
improved and strengthened it in a course of ages ; and
which, at the Revolution, finally triumphed over the
conspiracy of the Stuart princes. If he be ever mis-
taken in his premises, his conclusions at least are, in
tliis part of his work, equally just, generoujs, and pru-
dent. Whatever charge of haste or inaccuracy may
be brought against his abstract principles, he tho-
roughly weighs and maturely considers the practical
results. Those who consider his moderate plan of
Parliamentary Reform as at variance with his theory
of government, may perceive, even in this repugnance,
OF BACON AND LOCKE. 331
whether real or apparent, a new indication of those
dispositions which exposed him rather to the reproach
of being an inconsistent reasoner, than to that of
being a dangerous politician. In such works, how-
ever, the nature of the subject has, in some degree,
obliged most men of sense to treat it with considerable
regard to consequences ; though there are memorable
and unfortunate examples of an opposite tendency.
The metaphysical object of the Essay on Human
Understanding, therefore, ilhistrates the natural bent
of the author's genius more forcibly than those writ-
ings which are connected with the business and in-
terests of men. The reasonable admirers of Mr.
Locke would have pardoned Mr. Stewart, if he had
pronounced more decisively, that the first book of that
work is inferior to the others ; and we have satisfac-
tory proof that it was so considered by the author
himself, who, in the abridgment of the Essay which
he published in Leclerc's Review, omits it altogether,
as intended only to obviate the prejudices of some
philosophers against the more important contents of
his work.* It must be owned, that the very terms
" innate ideas" and "innate principles," together with
the division of the latter into " speculative and prac-
tical," are not only vague, but equivocal ; that they
are capable of different senses ; and that they are not
always employed in the same sense throughout this dis-
cussion. Nay, it will be found very difficult, after the
most careful perusal of Mr. Locke's first book, to state
the question in dispute clearly and shortly, in lan-
guage so strictly philosophical as to be free from any
hypothesis. As the antagonists chiefly contemplated
* " J'ai tache d'abord de prouver que notre esprit est an com-
mencement ce qu'on appelle iin tabula rasa, c'ost-a-dire, sans
idecs et sans connoissances. Mais comme ce n'a etc que pour
detruire les prcjugcs de quelqucs i)hilosophes, j'ai cru que dans
ce petit abrege de mes principes, jc devois passer toutes les dis-
putes i)reliminaires qui composent Ic livrc premier." — Bibliotlicquc
Uuivcrselle, Jativ. 1688.
332 ON THE PHILOSOPHICAL GENIUS
by Mr. Locke were the followers of Descartes, perhaps
the only proposition for which he must necessarily be
held to contend was, that the mind has no ideas which
do not arise from impressions on the senses, or from
reflections on our own thoughts and feelings. But it
is certain, that he sometimes appears to contend for
much more than this proposition ; that he has gene-
rally been understood in a larger sense; and that,
thus interpreted, his doctrine is not irreconcilable to
those philosophical systems with which it has been
supposed to be most at variance.
These general remarks may be illustrated by a
reference to some of those ideas which are more
general and important, and seem more dark than any
others ; — perhaps only because we seek in them for
what is not to be found in any of the most simple
elements of human knowledge. The nature of our
notion of space, and more especially of that of time,
seems to form one of the mysteries of our intellectual
being. Neither of these notions can be conceived
separately. Nothing outward can be conceived with-
out space ; for it is space which gives owtoess to
objects, or renders them capable of being conceived as
outward. Nothing can be conceived to exist, without
conceiving some time in which it exists. Thought
and feeling may be conceived, without at the same
time conceiving space ; but no operation of mind can
be recalled which does not suggest the conception of
a portion of time, in which such mental operation is
performed. Both these ideas are so clear that they
cannot be illustrated, and so simple that they cannot
be defined : nor indeed is it possible, by the use of
any Avords, to advance a single step towards rendering
them more, or otherwise intelligible than the lessons
of Nature have already made them. The metaphy-
sician knows no more of either than the rustic. If
we confine ourselves merely to a statement of the
facts which we discover by experience concerning
these ideas, we shall find them reducible, as has just
OF BACON AXD LOCKE. 333
been intimated, to the following ; — namely, that they
are simple ; that neither space nor time can be con-
ceived -sN'ithout some other conception ; that the idea
of space always attends that of every outward object ;
and that the idea of time enters into every idea which
the mind of man is capable of forming. Time cannot
be conceived separately from something else ; nor can
anything else be conceived separately from time. If
we are asked whether the idea of time be innate, the
only proper answer consists in the statement of the
fact, that it never arises in the human mind other-
wise than as the concomitant of some other percep-
tion ; and that thus understood, it is not innate, since
it is always directly or indirectly occasioned by some
action on the senses. Various modes of expressing
these facts have been adopted by different philosophers,
according to the variety of their technical language.
By Kant, space is said to be the form of our per-
ceptive faculty, as applied to outward objects ; and
time is called the form of the same faculty, as it
regards our mental operations : by Mr. Stewart, these
ideas are considered " as suggested to the understand-
ing " * by sensation or reflection, though, according to
him, "the mind is not directly and immediately /wr-
nished" with such ideas, either by sensation or reflec-
tion: and, by a late eminent metaphysician f, they
were regarded as perceptions, in the nature of those
arising from the senses, of which the one is attendant
on the idea of every outward object, and the other
concomitant with the consciousness of every mental
operation. Each of these modes of expression has its
own advantages. The first mode brings forward the
universality and necessity of these two notions: the
second most strongly marks the distinction between
them and the fluctuating perceptions naturally referred
* Philosophical Essay?, essay i. chap. 2.
t ]Mr. Thorn a.s Wed'j^wood ; see Life of Mackintosh, vol. i.
p. 289.
334 ON THE PHILOSOPHICAL GENIUS
to the senses ; while the last has the opposite merit of
presenting to us that incapacity of being analysed, in
which they agree with all other simple ideas. On the
other hand, each of them (perhaps from the inherent
imperfection of language) seems to insinuate more
than the mere results of experience. The technical
terms introduced by Kant have the appearance of an
attempt to explain what, by the writer's own prin-
ciples, is incapable of explanation ; Mr. Wedgwood
may be charged with giving the same name to mental
phenomena, which coincide in nothing but simplicity ;
and Mr. Stewart seems to us to have opposed two
modes of expression to each other, which, when they
are thoroughly analysed, represent one and the same
fact.
Leibnitz thought that Locke's admission of " ideas
of reflection" furnished a ground for negotiating a
reconciliation between his system and the opinions of
those who, in the etymological sense of the word, are
more metaphysical ; and it may very well be doubted,
whether the ideas of Locke much differed from the
"innate ideas" of Descartes, especially as the latter
philosopher explained the term, when he found him-
self pressed by acute objectors. " I never said or
thought," says Descartes, " that the mind needs in-
nate ideas, which are something different from its
own faculty of thinking ; but, as I observed certain
thoughts to be in my mind, which neither proceeded
from outward objects, nor were determined by my
will, but merely from my own faculty of thinking, I
called these ' innate ideas,' to distinguish them from
such as are either adventitious (i. e. from without),
or compounded by our imagination. I call them
innate, in the same sense in which generosity is in-
nate in some families, gout and stone in others ; be-
cause the children of such families come into the world
with a disposition to such virtue, or to such maladies."*
* This remarkable passage of Descartes is to be found in a
OF BACON AND LOCKE. 335
In a letter to Mersenne*, lie says, " by the word ' Idea*
I understand all that can be in our thoughts, and I
distinguish three sorts of ideas ; — adventitious, like the
common idea of the sun ; framed bjj the mind, such as
that which astronomical reasoning gives us of the sun ;
and innate, as the idea of God, mind, body, a triangle,
and generally all those which represent true, immu-
table, and eternal essences." It must be owned, that,
however nearly the first of these representations may
approach to Mr. Locke's ideas of reflection, the second
deviates from them very widely, and is not easily re-
concilable with the first. The comparison of these
two sentences strongly impeaches the steadiness and
consistency of Descartes in the fundamental princlj^les
of his system.
A principle in science is a proposition from which
many other propositions may be inferred. That prin-
ciples, taken in this sense of propositions, are part of
the original structure or furniture of the human
mind, is an assertion so unreasonable, that perhaps
no philosopher has avowedly, or at least permanently,
adopted it. But it is not to be forgotten, that there
must be certain general laws of perception, or ulti-
mate facts respecting that province of mind, beyond
which human knowledge cannot reach. Such facts
bound our researches in every part of knowledge, and
the ascertainment of them is the utmost possible at-
tainment of Science. Beyond them there is nothing,
or at least nothing discoverable by us. These ob-
servations, however universally acknowledged when
French translation of the preface and notes to the Principia Phi-
losophic, probably by himself. — (Lettres dc Descartes, vol. i.
lett, 99.) It is justly observed by one of his most acute antago-
nists, that Descartes does not steadily adhere to this sense of the
word " innate," but varies it in the exigencies of controversy, so
as to give it at each moment the import which best suits the
nature of the objection with which he has then to contend. —
Iluet, Censura Philosophic Cartesians, p. 93.
• Lettres, vol. ii. lett. 54.
336 ON THE PHILOSOPHICAL GENIUS
they are stated, are often hid from the view of the
system-builder when he is employed in rearing his
airy edifice. There is a common disposition to ex-
empt the philosophy of the human understanding
from the dominion of that irresistible necessity which
confines all other knowledge within the limits of ex-
perience ; — arising probably from a vague notion that
the science, without which the principles of no other
are intelligible, ought to be able to discover the found-
ation even of its own principles. Hence the ques-
tion among the German metaphysicians, " What
makes experience possible ? " Hence the very general
indisposition among metaphysicians to acquiesce in
any mere fact as the result of their inquiries, and to
make vain exertions in pursuit of an explanation of
it, without recollecting that the explanation must
always consist of another fact, which must either
equally require another explanation, or be equally in-
dependent of it. There is a sort of sullen reluctance
to be satisfied with ultimate facts, which has kept its
ground in the theory of the human mind long after it
has been banished from all other sciences. Philo-
sophers are, in this province, often led to waste their
strength in attempts to find out what supports the
foundation ; and, in these efforts to prove first prin-
ciples, they inevitably find that their proof must con-
tain an assumption of the thing to be proved, and that
their argument must return to the point from which
it set out.
Mental philosophy can consist of nothing but facts ;
and it is at least as vain to inquire into the cause of
thought, as into the cause of attraction. What the
number and nature of the ultimate facts respecting
mind may be, is a question which can only be deter-
mined by experience : and it is of the utmost import-
ance not to allow their arbitrary multiplication, which
enables some individuals to impose on us their own
erroneous or uncertain speculations as the fundamental
principles of human knowledge. No general criterion
OF BACOX AND LOCKE. 337
has hitherto been offered, by which these last princi-
ples may be distinguished from all other propositions.
Perhaps a practical standard of some convenience
would be, that all reasoners should be required to
admit every principle of which the denial renders
reasoning iinpossible. This is only to require that a
man should admit, in general terms, those principles
which he must assume in every particular argument,
and which he has assumed in every argument which
he has employed against their existence. It is, in
other words, to require that a disputant shall not
contradict himself; for every argument against the
fundamental laws of thought absolutely assumes their
existence in the premises, while it totally denies it in
the conclusion.
Whether it be among the ultimate facts in human
nature, that the mind is disposed or determined to
assent to some propositions, and to reject others, when
they are first submitted to its judgment, without in-
ferring their truth or falsehood from any process of
reasoning, is manifestly as much a question of mere
experience as any other which relates to our mental
constitution. It is certain that such inlierent inclina-
tions may be conceived, without supposing the ideas
of which the propositions are composed to be, in any
sense, "innate" ; if, indeed, that unfortunate word be
capable of being reduced by definition to any fixed
meaning. " Innate," says Lord Shaftesbury, " is the
word a\Ir. Locke poorly plays with : the right word,
though less used, is connate. The question is not
about the time when the ideas enter the mind, but,
whether the constitution of man he such, as at some
time or other (no matter when), the ideas will not
necessarily spring up in him." These are the words
of Lord Shaftesbury in his Letters, which, not being
printed in any edition of the Characteristics, are less
known than they ought to be ; though, in them, tho
fine genius and generous principles of the writer are
VOL. L Z
338 ON THE PHILOSOPHICAL GENIUS
less hid by occasional affectation of style, than in any
other of his writings.*
The above observations apply with still greater
force to what Mr. Locke calls " practical principles."
Here, indeed, he contradicts himself ; for, having built
one of his chief arguments against other speculative
or practical principles, on what he thinks the inca-
i:)acity of the majority of mankind to entertain those
very abstract ideas, of which these principles, if innate,
would imply the presence in every mind, he very
inconsistently admits the existence of one innate
practical principle, — " a desire of happiness, and an
aversion to misery," f without considering that hap-
piness and misery are also abstract terms, which
excite very indistinct conceptions in the minds of " a
great part of mankind." It would be easy also to
show, if this were a proper place, that the desire of
happiness, so far from being an innate, is not even an
original principle ; that it presupposes the existence
of all those particular appetites and desires of which
the gratification is pleasure, and also the exercise of
that deliberate reason which habitually examines how
far each gratification, in all its consequences, increases
or diminishes that sum of enjoyment which constitutes
happiness. If that subject could be now fully treated,
it would appear that this error of Mr. Locke, or
another equally great, that we have only one practical
principle, — the desire of pleasure, — is the root of most
false theories of morals ; and that it is also the source
of many mistaken speculations on the important sub-
jects of government and education, which at this
moment mislead the friends of human improvement,
and strengthen the arms of its enemies. But morals
fell only incidentally under the consideration of Mr.
* Dr. Lee, an antagonist of Mr. Locke, has stated the question
of innate ideas more fully than Shaftesbury, or even Leibnitz: he
has also anticipated some of the reasonings of Buffier and Reid.—
Lee's Notes on Locke, folio, London, 1702.
t Essay on Human Understanding, book i. chap. 3. § 3.
OF BACON AXD LOCKE. 339
Locke ; and his errors on that greatest of all sciences
were the prevalent opinions of his age, which cannot
be justly called the principles of Hobbes, though that
extraordinary man had alone the boldness to exhibit
these principles in connection with their odious but
strictly logical consequences.
The exaggerations of this first book, however,
afford a new proof of the author's steady regard to
the highest interests of mankind. He justly con-
sidered the free exercise of reason as the hi2:hest of
these, and that on the security of which all the others
depend. The circumstances of his life rendered it a
long warfare against the enemies of freedom in phi-
losophising, freedom in worship, and freedom from
every political restraint which necessity did not jus-
tify. In his noble zeal for liberty of thought, he
dreaded the tendency of a doctrine which might
" gradually prepare mankind to swallow that for an
innate principle which may serve his purpose who
teacheth them." * He may well be excused, if^ in the
ardour of his generous conflict, he sometimes carried
beyond the bounds of calm and neutral reason his
repugnance to doctrines which, as they were then
generally explained, he justly regarded as capable of
being employed to shelter absurdity from detection,
to stop the progress of free inquiry, and to subject
the general reason to the authority of a few indi-
viduals. Every error of Mr. Locke in speculation
maybe traced to the influence of some virtue; — at
least every error except some of the erroneous opinions
generally received in his age, which, with a sort of
passive acquiescence, he suffered to retain their place
in his mind.
It is with the second book that the Essay on the
Human Understanding properly begins ; and this
book is the first considerable contribution in modern
• Chap. 4. § 24.
z 2
340 ON THE PHILOSOPHICAL GENIUS
times towards the experimental * philosophy of the
human mind. The road was pointed out by Bacon ;
and, by excluding the fallacious analogies of thought
to outward appearance, Descartes may be said to have
marked out the limits of the proper field of inquiry.
But, before Locke, there was no example in intellectual
philosophy of an ample enumeration of facts, collected
and arranged for the express purpose of legitimate
generalisation. He himself tells us, that his purpose
was, " i?i a plain historical method, to give an account
of the ways by which our understanding comes to
attain those notions of things we have." In more
modern phraseology, this would be called an attempt
to ascertain, by observation, the most general facts
relating to the origin of human knowledge. There is
something in the plainness, and even homeliness of
Locke's language, which strongly indicates his very
clear conception, that experience must be his sole guide,
and his unwillingness, by the use of scholastic language,
to imitate the example of those who make a show of
explaining facts, while in reality they only " darken
counsel by words without knowledge." He is content
to collect the laws of thought, as he would have col-
lected those of any other object of physical knowledge,
from observation alone. He seldom embarrasses him-
self with physiological hypotheses "f, or wastes his
* This word " experimental " has the defect of not appearing
to comprehend the knowledge which flows from observation, as
well as that which is obtained by experiment. The German word
" empirical," is applied to all the information which experience
affords ; but it is in our language degraded by another appli-
cation. I therefore must use " experimental " in a larger sense
than its etymology warrants.
f A stronger proof can hardly be required than the following
sentence, of his freedom from physiological prejudice. " This
laying up of our ideas in the repository of the memory, signifies
no more but this, that the mind has the power in many cases to
revive perceptions, with another perception annexed to them,
that it has had them before." The same chapter is remarkable
for the exquisite, and almost poetical beauty, of some of its illus-
OF BACON AND LOCKE, 341
Strength on those insoluble problems which were then
called metaphysical. Though, in the execution of his
pkn, there are many and great defects, the conception
of it is entirely conformable to the Verulamian method
of induction, which, even after the fullest enumeration
of particulars, requires a cautious examination of each
subordinate class of phenomena, before we attempt,
through a very slowly ascending series of generalisa-
tions, to soar to comprehensive laws. " Philosophy,"
as Mr. Playfair excellently renders Bacon, " has either
taken much from a few things, or too little from a
great many ; and in both cases has too narrow a basis
to be of much duration or utility." Or, to use the
very words of the Master himself — " We shall then
have reason to hope well of the sciences, when we
rise by continued steps from particulars to inferior
axioms, and then to the middle, and only at last to
tlie most general.* It is not so much by an appeal
to experience (for some degree of that appeal is uni-
versal), as by the mode of conducting it, that the
followers of Bacon are distinguished from the framers
of hypotheses." It is one thing to borrow from ex-
perience just enough to make a supposition plausible ;
it is quite another to take from it all that is necessary
to be the foundation of just theory.
trations. " Ideas quickly fade, and often vanish quite out of the
understanding, leaving no more footsteps or remaining characters
of themselves than shadows do flying over a field of corn." — " The
ideas, as well as children of our youth, often die before us, and
our minds represent to us those tombs to which we are approach-
ing ; ^vhere, though the brass and marble remain, yet the in-
scriptions are etfaced by time, and the imagery moulders away.
Pictures drawn in our minds are laid in fading colours, and,
unless sometimes refreshed, vanish and disappear," — book ii.
chap. 10. This pathetic language must have been inspired by
experience ; and, though Locke could not have been more than
fifty-six when he wrote these sentences, it is too well known that
the first decays of memory may be painfully felt lung beforo
they can be detected by the keenest observer.
* Novum Orgauum, lib. i. § civ.
z 3
342 ON THE PHILOSOPHICAL GENIUS
In this respect perhaps, more than in any other,
the philosophical writings of Locke are contradis-
tinguished from those of Hobbes. The latter saw,
with astonishing rapidity of intuition, some of the
simplest and most general facts which may be ob-
served in the operations of the understanding ; and
perhaps no man ever possessed the same faculty of
conveying his abstract speculations in language of
such clearness, precision, and force, as to engrave
them on the mind of the reader. But he did not wait
to examine whether there might not be other facts
equally general relating to the intellectual powers ;
and he therefore " took too little from a great many
things." He fell into the double error of hastily ap-
plying his general laws to the most complicated pro-
cesses of thought, without considering whether these
general laws were not themselves limited by other not
less comprehensive laws, and without trying to dis-
cover how they were connected with particulars, by a
scale of intermediate and secondary laws. This mode
of philosophising was well suited to the dogmatic con-
fidence and dictatorial tone which belonged to the
character of the philosopher of Malmesbury, and which
enabled him to brave the obloquy attendant on sin-
gular and obnoxious opinions. " The plain historical
method," on the other hand, chosen by Mr. Locke,
produced the natural fruits of caution and modesty ;
taught him to distrust hasty and singular conclusions ;
disposed him, on fit occasions, to entertain a mitigated
scepticism ; and taught him also the rare courage to
make an ingenuous avowal of ignorance. This con-
trast is one of our reasons for doubting whether Locke
be much indebted to Hobbes for his speculations ; and
certainly the mere coincidence of the opinions of two
metaphysicians is slender evidence, in any case, that
either of them has borrowed his opinions from the
other. Where the premises are different, and they
have reached the same conclusion by different roads,
such a coincidence is scarcely any evidence at all.
OF BACON AND LOCKE. 343
Locke and Hobbes agree chiefly on those points in
which, except the Cartesians, all the speculators of
their age were also agreed. They differ on the most
momentous questions, — the sources of knowledge, —
the power of abstraction, — the nature of the will ; on
the two last of which subjects, Locke, by his very
failures themselves, evinces a strong repugnance to
the doctrines of Hobbes. They differ not only in all
their premises, and many of their conclusions, but in
their manner of philosophising itself. Locke had no
prejudice which could lead him to imbibe doctrines
from the enemy of liberty and religion. His style,
with all its faults, is that of a man who thinks for
himself; and an original style is not usually the
vehicle of borrowed opinions.
Few books have contributed more than Mr. Locke's
Essay to rectify prejudice ; to undermine established
errors ; to diffuse a just mode of thinking ; to excite
a fearless spirit of inquiry, and yet to contain it
within the boundaries which Nature has prescribed
to the human understanding. An amendment of the
general habits of thought is, in most parts of know-
ledge, an object as important as even the discovery of
new truths ; though it is not so palpable, nor in its
nature so capable of being estimated by superficial
observers. In the mental and moral world, which
scarcely admits of any thing which can be called dis-
covery, the correction of the intellectual habits is
probably the greatest service which can be rendered
to Science. In this respect the merit of Locke is
unrivalled. His writings have diffused throughout
the civilised world the love of civil liberty and the
spirit of toleration and charity in religious differences,
with the disposition to reject whatever is obscure,
fantastic, or hypothetical in speculation, — to reduce
verbal disputes to their proper value, — to abandon
problems which admit of no solution, — to distrust
whatever cannot be clearly expressed, — to render
theory the simple expression of facts, — and to prefer
z 4
344 BACON AND LOCKE.
those studies which most directly contribute to human
happiness. If Bacon first discovered the rules by
which knowledge is improved, Locke has most con-
tributed to make mankind at large observe them. He
has done most, though often by remedies of silent and
almost insensible operation, to cure those mental dis-
tempers which obstructed the adoption of these rules ;
and has thus led to that general diffusion of a health-
ful and vigorous understanding, which is at once the
greatest of all improvements, and the instrument by
which all other progress must be accomplished. He
has left to posterity the instructive example of a pru-
dent reformer, and of a philosophy temperate as well
as liberal, which spares the feelings of the good, and
avoids direct hostility with obstinate and formidable
prejudice. These benefits are very slightly counter-
balanced by some political doctrines liable to mis-
application, and by the scepticism of some of his
ingenious followers ; — an inconvenience to which
every philosophical school is exposed, which does not
steadily limit its theory to a mere exposition of ex-
perience. If Locke made few discoveries, Socrates
made none : yet both did more for the improvement
of the understanding, and not less for the progress of
knowledge, than the authors of the most brilliant dis-
coveries. Mr. Locke will ever be regarded as one of
the great ornaments of the English nation ; and the
most distant posterity will speak of him in the language
addressed to him by the poet —
" 0 Dccus Angliacse certc, 0 Lux altera gentis ! " *
* Gray, De Principiis Cogitandi.
A
DISCOURSE
LAW OF NATURE AND NATIONS.*
Before I begin a course of lectures on a science of
great extent and importance, I think it my duty to
lay before the public the reasons -which have induced
me to undertake such a labour, as well as a short ac-
count of the nature and objects of the course which I
propose to deliver. I have always been unwilling to
waste in unprofitable inactivity that leisure which the
first years of my profession usually allow, and which
diligent men, even with moderate talents, might often
employ in a manner neither discreditable to them-
selves, nor wholly useless to others. Desirous that
my own leisure should not be consumed in sloth, I
anxiously looked about for some way of filling it up,
which might enable me, according to the measure of
my humble abilities, to contribute somewhat to the
stock of general usefulness. I had long been convinced
that public lectures, which have been used in most
ages and countries to teach the elements of almost
* Tliis discourse was the preliminary one of a course of lec-
tures delivered in the hall of Lincoln's Inn durinfr the spring of
the year 1799. From the state of tlie original MSS. notes of
these lectures, in the possession of the editor, it would seem that
the lecturer had trusted, with the exception of a few passages
prepared in extenso, to his j^owerful memory for all the aid that
was required beyond what mere catchwords could supply. —Ed.
346 ON THE STUDY OF THE LAW
every part of learning, were the most convenient mode
in which these elements could be taught ; — that they
were the best adapted for the important purposes of
awakening the attention of the student, of abridging
his labours, of guiding his inquiries, of relieving the
tediousness of private study, and of impressing on his
recollection the principles of a science. I saw no reason
why the law of England should be less adapted to this
mode of instruction, or less likely to benefit by it, than
any other part of knowledge. A learned gentleman,
however, had already occupied that ground* and
will, I doubt not, persevere in the useful labour which
he has undertaken. On his province it was far from
my wish to intrude. It appeared to me that a course
of lectures on another science closely connected with
all liberal professional studies, and which had long
been the subject of my own reading and reflection,
might not only prove a most useful introduction to
the law of England, but might also become an in-
teresting part of general study, and an important
branch of the education of those who were not destined
for the profession of the law. I was confirmed in my
opinion by the assent and approbation of men, whose
names, if it were becoming to mention them on so
slight an occasion, would add authority to truth, and
furnish some excuse even for error. Encouraged by
their approbation, I resolved without delay to com-
mence the undertaking, of which I shall now proceed
to give some account ; without interrupting the pro-
gress of my discourse, by anticipating or answering
the remarks of those who may, perhaps, sneer at me
for a departure from the usual course of my profession,
because I am desirous of employing in a rational and
useful pursuit that leisure, which the same men would
have required no account, if it had been wasted on
trifles, or even abused in dissipation.
* See " A Syllabus of Lectures on the Law of England, to be
delivered in Lincoln's-Inn Hall by M. Nolan, Esq."
OF NATURE AND NATIONS. 347
The science which teaches the rights and duties of
men and of states, has, in modern times, been called
" the law of nature and nations." Under this compre-
hensive title are included the rules of morality, as they
prescribe the conduct of private men towards each
other in all the various relations of human life ; as
they regulate both the obedience of citizens to the laws,
and the authority of the magistrate in framing laws,
and administering government ; and as they modify
the intercourse of independent commonwealths in
peace, and prescribe limits to their hostility in war.
This important science comprehends only that part
of private ethics which is capable of being reduced to
fixed and general rules. It considers only those
general principles of jurisprudence and politics which
the wisdom of the lawgiver adapts to the peculiar
situation of his own country, and which the skill of
the statesman applies to the more fluctuating and in-
finitely varying circumstances which effect its imme-
diate welfare and safety. " For there are in nature
certain fountains of justice whence all civil laws are
derived, but as streams ; and like as waters do take
tinctures and tastes from the soils through which they
run, so do civil laws vary according to the regions
and governments where they are planted, though they
proceed from the same fountains." *
On the great questions of morality, of politics,
and of municipal law, it is the object of this science
to deliver only those fundamental truths of which the
particular application is as extensive as the whole
private and public conduct of men; — to discover those
"fountains of justice," without pursuing the " streams "
through the endless variety of their course. But
another part of the subject is to be treated with greater
• Advancement of Learning, book ii. I have not been de-
terred by some petty incongruity of metaphor from quoting this
noble sentence. Mr. Hume had, ])crhapji, this sentence in his
recollection, when he wrote a remarkable passage of his works.
See his Essays, vol. ii. p. 352.
348 ON THE STUDY OF THE LAW
fulness and minuteness of application ; namely, that
important branch of it which professes to regulate
the relations and intercourse of states, and more
especially (both on account of their greater perfec-
tion and their more immediate reference to use), the
regulations of that intercourse as they are modified
by the uses of the civilised nations of Christendom.
Here this science no longer rests on general principles.
That province of it which we now call the " law of
nations," has, in many of its parts, acquired among
European ones much of the precision and certainty
of positive law ; and the particulars of that law are
chiefly to be found in the works of those writers who
have treated the science of which I now speak. It is
because they have classed (in a manner which seems
peculiar to modern times) the duties of individuals
with those of nations, and established their obligation
on similar grounds, that the whole science has been
called " the law of nature and nations."
Whether this appellation be the happiest that could
have been chosen for the science, and by what steps
it came to be adopted among our modern moralists
and lawyers *, are inquiries, perhaps, of more curiosity
* The learned reader is aware that the "jus naturae" and
" jus gentium " of the Koman lawyers are phrases of very differ-
ent import from the modern phrases, " law of nature " and " law
of nations." " Jus naturale," says Ulpian, " est quod natura
omnia animalia docuit." Quod naturalis ratio inter omnes ho-
mines constituit, id apud omnes perceque custoditur ; vocaturque
jus gentium." But they sometimes neglect this subtle distinction
— " Jure naturali quod appellatur jus gentium." " Jus feciale "
was the Roman term for our law of nations. " Belli quidem
eequitas sanctissime populi Rom. feciali jure perscripta est." De
OfRciis, lib. i. cap. ii. Our learned civilian Zouch has accordingly
entitled his work, " Dc Jure Feciali, sive de Jure inter Gentes."
The Chancellor D'Aguesseau, probably without knowing the
work of Zouch, suggested that this law should be called, " Droit
entre les Gens " (CEuvres, vol. ii. p. 337.), in which he has been
followed by a late ingenious writer, Mr. Bentham (Introduction
to the Principles of Morals and Legislation, p. 324.). Perhaps
these learned writers do employ a phrase which expresses the
OF NATURE AND NATIONS. 349
than use, and ones which, if they deserve any where to
be deeply pursued, will be pursued with more propriety
in a full examination of the subject than within the
short limits of an introductory discourse. Karnes are,
however, in a great measure arbitrary ; but the dis-
tribution of knowledge into its parts, though it may
often perhaps be varied with little disadvantage, yet
certainly depends upon some fixed principles. The
modern method of considering individual and national
morality as the subjects of the same science, seems to
me as convenient and reasonable an arrangement as
can be adopted. The same rules of morality which
hold together men in families, and which form families
into commonwealths, also link together these common-
wealths as members of the great society of mankind.
Commonwealths, as well as private men, are liable to
injury, and capable of benefit, from each other; it is,
therefore, their interest, as well as their duty, to rever-
ence, to practise, and to enforce those rules of justice
which control and restrain injury, — which regulate and
augment benefit, — which, even in their present imper-
fect observance, preserve civilised states in a tolerable
condition of security from wrong, and which, if
they could be generally obeyed, would establish, and
permanently maintain, the well-being of the univer-
sal commonwealth of the human race. It is therefore
with justice, that one part of this science has been called
" the natural law of individuals" and the other " the
natural law oi states ;" and it is too obvious to require
observation*, that the application of both these laws, of
the former as much as of the latter, is modified and va-
ried by customs, conventions, character, and situation.
With a view to these principles, the writers on general
subject of this law with more accuracy than our common lan-
guage ; but I doubt whether innovations in the terms of scioKc
always repay us by their superior precision for the uncertainty
and confusion which the chan;ie occasions.
* This remark is suggested by an objection of Vattel, which is
more specious than solid; See his Preliminaries, § 6.
350 ON THE STUDY OF THE LAW
jurisprudence have considered states as moral persons ;
a mode of expression which has been called a fiction of
law, but which may be regarded with more propriety
as a bold metaphor, used to convey the important
truth, that nations, though they acknowledge no
common superior, and neither can, nor ought, to be
subjected to human punishment, are yet under the same
obligations mutually to practise honesty and humanity,
which would have bound individuals, — if the latter
could be conceived ever to have subsisted without the
protecting restraints of government, and if they were
not compelled to the discharge of their duty by the
just authority of magistrates, and by the wholesome
terrors of the laws. With the same views this law
has been styled, and (notwithstanding the objections
of some writers to the vagueness of the language)
appears to have been styled with great propriety,
" the law of nature." It may with sufficient correct-
ness, or at least by an easy metaphor, be called a
" law," inasmuch as it is a supreme, invariable, and
uncontrollable rule of conduct to all men, the viola-
tion of which is avenged by natural punishments,
necessarily flowing from the constitution of things,
and as fixed and inevitable as the order of nature.
It is " the law of nature," because its general pre-
cepts are essentially adapted to promote the happiness
of man, as long as he remains a being of the same
nature with which he is at present endowed, or, in
other words, as long as he continues to be man, in all
the variety of times, places, and circumstances, in
which he has been known, or can be imagined to
exist ; because it is discoverable by natural reason, and
suitable to our natural constitution ; and because its
fitness and wisdom are founded on the general nature
of human beings, and not on any of those temporary
and accidental situations in which they may be placed.
It is with still more propriety, and indeed with the
highest strictness, and the most perfect accuracy,
considered as a law, when, according to those just
OF NATURE AND NATIONS. 351
and magnificent views which philosophy and religion
open to us of the government of the world, it is re-
ceived and reverenced as the sacred code, promul-
gated by the great Legislator of the Universe for the
guidance of His creatures to happiness ; — guarded and
enforced, as our own experience may inform us, by
the penal sanctions of shame, of remorse, of infamy,
and of misery ; and still farther enforced by the rea-
sonable expectation of yet more awful penalties in a
future and more permanent state of existence. It is
the contemplation of the law of nature under this
full, mature, and perfect idea of its high origin and
transcendant dignity, that called forth the enthusiasm
of the greatest men, and the greatest writers of ancient
and modern times, in those sublime descriptions, in
which they have exhausted all the powers of language,
and surpassed all the other exertions, even of their own
eloquence, in the display of its beauty and majesty. It
is of this law that Cicero has spoken in so many parts
of his writings, not only with all the splendour and
copiousness of eloquence, but with the sensibility of a
man of virtue, and with the gravity and comprehen-
sion of a philosopher.* It is of this law that Hooker
speaks in so sublime a strain : — "Of Law, no less can
be said, than that her seat is the bosom of God, her
voice the harmony of the world ; all things in heaven
* " Est quidem vera lex recta ratio, natura; con^ucns, diffusa
in omncs, constans, sempitema; qua; vocet ad officium jubendo,
vetando a fraude deterreat, quie tamen ncque probos frustra
jubet aut vctat, ncque improbos jubendo aut vetando movct.
Huic Icgi nequc obrogari fas est, ncque derogari ex hac aliquid
licet, nequc tota abrogari potest Nee vcro aut per scnatum aut
per populum solvi hac lege possumus : ncque est qua?rcndus ex-
pUinator aut interpres ejus alius. Nee erit alia lex lioraa;, alia
Athenis, alia nunc, alia postliac ; scd ct omncs gcntes ct omni
tempore una lex et sempitema, ct innnutabilis contincbit ; unus-
que erit communis quasi magister et impcrator omnium J)cus, ille
legis hujus inventor, disceptator, lator : cui qui non i)arebit ipse
se fuyiet et naiuram hominis aspernahitur, atcpie hoc ipso luet
maximas pocnas, etiamsi caetcra supplicia, quae putantur, etKigerit."
— Dc Rcpub. lib. iii. cap. 22.
352 ON THE STUDY OF THE LAW
and earth do her homage, the very least as feeling
her care, the greatest as not exempted from her
power ; both angels and men, and creatures of what
condition soever, though each in different sort and
manner, yet all with uniform consent admiring her
as the mother of their peace and joy."*
Let not those who, to use the language of the same
Hooker, " talk of truth," without " ever sounding the
depth from whence it springeth," hastily take it for
granted, that these great masters of eloquence and
reason were led astray by the specious delusions of
mysticism, from the sober consideration of the true
grounds of morality in the nature, necessities, and
interests of man. They studied and taught the prin-
ciples of morals ; but they thought it still more ne-
cessary, and more wise, — a much nobler task, and
more becoming a true philosopher, to inspire men
with a love and reverence for virtue.f They were
not contented with elementary speculations : they
examined the foundations of our duty ; but they felt
and cherished a most natural, a most seemly, a most
rational enthusiasm, when they contemplated the ma-
jestic edifice which is reared on these solid found-
ations. They devoted the highest exertions of their
minds to spread that beneficent enthusiasm among
men. They consecrated as a homage to Virtue the
most perfect fruits of their genius. If these grand
sentiments of "the good and fair" have sometimes pre-
vented them from delivering the principles of ethics
with the nakedness and dryness of science, at least we
must own that they have chosen the better part, —
that they have preferred virtuous feeling to moral
* Ecclesiastical Polity, book i. in the conclusion.
t " Age vero urbibus constitutis, ut fidem colere et justitiam
retinere cliscerent, et aliis parere sua voluntate consuescerent, ac
non modo labores excipiendos communis commodi causa, sed
etiam vitam amittendam existimarent ; qui tandem fieri potuit,
nisi homines ea, qua ratione invenissent, eloquentia persuadere
potuissent?" — De Invent. Rhet. lib. i. cap. 2.
OF NATURE AXD NATIONS. 353
theory, and practical benefit to speculative exactness.
Perhaps these wise men may have supposed that the
minute dissection and anatomy of Virtue might, to the
ill -judging eye, weaken the charm of her beauty.
It is not for me to attempt a theme which has per-
haps been exhausted by these great writers. I am
indeed much less called upon to display the worth
and usefulness of the law of nations, than to vindicate
myself from presumption in attempting a subject
which has been already handled by so many masters.
For the purpose of that vindication it will be neces-
sary to sketch a very short and slight account (for
such in this place it must unavoidably be) of the pro-
gress and present state of the science, and of that
succession of able writers who have gradually brought
it to its present perfection.
We have no Greek or Roman treatise remainino: on
the law of nations. From the title of one of the lost
works of Aristotle, it appears that he composed a
treatise on the laws of war*, which, if we had the
good fortune to possess it, would doubtless have
amply satisfied our curiosity, and would have taught
us both the practice of the ancient nations and the
opinions of their moralists, with that depth and pre-
cision which distinguish the other works of that great
philosopher. We can now only imperfectly collect
that practice and those opinions from various pas-
sages which are scattered over the writings of phi-
losophers, historians, poets, and orators. When the
time shall arrive for a more full consideration of the
state of the government and manners of the ancient
world, I shall be able, perhaps, to offer satisfactory
reasons why these enlightened nations did not sepa-
rate from the general province of ethics that part of
morality which regulates the intercourse of states,
and erect it into an independent science. It would
require a long discussion to unfold the various causes
* Aiica:u!iJ.aTa rwv TroXffiwv.
VOL. I. A A
354 ON THE STUDY OF THE LAW
which united the modern nations of Europe into a
closer society, — which linked them together by the
firmest bands of mutual dependence, and which thus,
in process of time, gave to the law that regulated their
intercourse, greater importance, higher improvement,
and more binding force. Among these causes, we
may enumerate a common extraction, a common reli-
gion, similar manners, institutions, and languages ;
in earlier ages the authority of the See of Rome, and
the extravagant claims of the imperial crown; in
later times the connections of trade, the jealousy of
power, the refinement of civilisation, the cultivation
of science, and, above all, that general mildness of
character and manners which arose from the com-
bined and progressive influence of chivalry, of com-
merce, of learning, and of religion. Nor must we
omit the similarity of those political institutions which
in every country that had been over-run by the
Gothic conquerors, bore discernible marks (which the
revolutions of succeeding ages had obscured, but not
obliterated) of the rude but bold and noble outline of
liberty that was originally sketched by the hand of
these generous barbarians. These and many other
causes conspired to unite the nations of Europe
in a more intimate connection and a more constant
intercourse, and, of consequence, made the regulation
of their intercourse more necessary, and the law that
was to govern it more important. In proportion as
they approached to the condition of provinces of the
same empire, it became almost as essential that Europe
should have a precise and comprehensive code of the
law of nations, as that each country should have a
system of municipal law. The labours of the learned,
accordingly, began to be directed to this subject in
the sixteenth century, soon after the revival of learn-
ing, and after that regular distribution of power and
territory which has subsisted, with little variation,
until our times. The critical examination of these
early writers would perhaps not be very interesting
I
I
OF NATURE AND NATIONS. 355
in an extensive work, and it would be unpardonable
in a short discourse. It is sufficient to observe that
they were all more or less shackled by the barbarous
philosophy of the schools, and that they were impeded
in their progress by a timorous deference for the
inferior and technical parts of the Roman law, with-
out raising their views to the comprehensive prin-
ciples which will for ever inspire mankind with vene-
ration for that grand monument of human wisdom.
It was only, indeed, in the sixteenth century that the
Roman law was first studied and understood as a
science connected with Roman history and literature,
and illustrated by men whom Ulpian and Papinian
would not have disdained to acknowledge as their
successors.* Among the writers of that age we may
perceive the ineffectual attempts, the partial advances,
the occasional streaks of light which always precede
great discoveries, and works that are to instruct pos-
terity.
The reduction of the law of nations to a system was
reserved for Grotius. It was by the advice of Lord
Bacon and Peircsc that he undertook this arduous
task. He produced a work which we now, indeed,
justly deem imperfect, but which is perhaps the most
complete that the world has yet owed, at so early a
stage in the progress of any science, to the genius and
learning of one man. So great is the uncertainty of
posthumous reputation, and so liable is the fame even
of the greatest men to be obscured by those new
fashions of thinking and writing which succeed each
other so rapidly among polished nations, that Grotius,
who filled so large a space in the eye of his contem-
poraries, is now perhaps known to some of my readers
only by name. Yet if we fairly estimate both his
* Cujacius, Brissonius, Hottomannus, &c., &c. — See Gravina
Origines .Juris Civilis (Lips. 1737). pp. 132—138. Leibnitz, a
great mathematician as well as philosopher, declares that he
knows nothing which approaches so near to the method and
precision of Geometry as the Roman law. — Op. vol. iv. p. 254.
A A 2
356 ON THE STUDY OF THE LAW
endowments and his virtues, we may justly consider
him as one of the most memorable men who have done
honour to modern times. He combined the discharge
of the most important duties of active and public life
with the attainment of that exact and various learning
which is generally the portion only of the recluse
student. He was distinguished as an advocate and a
magistrate, and he composed the most valuable works
on the law of his own country ; he was almost equally
celebrated as an historian, a scholar, a poet, and a
divine ; — a disinterested statesman, a philosophical
lawyer, a patriot who united moderation with firm-
ness, and a theologian who was taught candour by
his learning. Unmerited exile did not damp his
patriotism ; the bitterness of controversy did not ex-
tinguish his charity. The sagacity of his numerous
and fierce adversaries could not discover a blot on his
character ; and in the midst of all the hard trials and
galling provocations of a turbulent political life, he
never once deserted his friends when they were un-
fortunate, nor insulted his enemies when they were
weak. In times of the most furious civil and religious
faction he preserved his name unspotted, and he knew
how to reconcile fidelity to his own party, with
moderation towards his opponents.
Such was the man who was destined to give a nev/
form to the law of nations, or rather to create a
science, of which only rude sketches and undigested
materials were scattered over the writings of those
who had gone before him. By tracing the laws of
his country to their principles, he was led to the con-
templation of the law of nature, which he justly con-
sidered as the parent of all municipal laAv.* Few
works were more celebrated than that of Grotius in
his own days, and in the age which succeeded. It
has, however, been the fashion of the last half- century
* " Proavia juris civilis." — De Jure Belli ac Pacis, proleg.
§ xvi.
OF NATURE AND NATIONS. 357
to depreciate his work as a shapeless compilation, in
which reason lies buried under a mass of authorities
and quotations. This fashion originated among French
wits and declaimers, and it has been, I know not for
what reason, adopted, though with far greater modera-
tion and decency, by some respectable writers among
ourselves. As to those who first used this language,
the most candid supposition that we can make Avith
respect to them is, that they never read the work ;
for, if they had not been deterred from the perusal of
it by such a formidable display of Greek characters,
they must soon have discovered that Grotius never
quotes on any subject till he has first appealed to
some principles, and often, in my humble opinion,
though not always, to the soundest and most rational
principles.
But another sort of answer is due to some of those*
who have criticised Grotius, and that answer might
be given in the words of Grotius himself. f He was
not of such a stupid and servile cast of mind, as to
quote the opinions of poets or orators, of historians
and philosophers, as those of judges, from whose
decision there was no appeal. He quotes them, as he
tells us himself, as witnesses whose conspiring testi-
mony, mightily strengthened and confirmed by their
discordance on almost every other subject, is a con-
clusive proof of the unanimity of the whole human
race on the great rules of duty and the fundamental
principles of morals. On such matters, poets and
orators are the most unexceptionable of all witnesses ;
for they address themselves to the general feelings
and sympathies of mankind ; they are neither warped
by system, nor perverted by sophistry ; they can attain
none of their objects, they can neither please nor per-
suade, if they dwell on moral sentiments not in unison
* Dr. Palcy, Principles of Moral and Political Philosophy,
pref. pp. xiv. xv.
t De Jure Belli, proleg. § 40.
A A 3
358 ON THE STUDY OF THE LAW
with those of their readers. No system of moral
philosophy can surely disregard the general feelings
of human nature and the according judgment of all
ages and nations. But where are these feelings and
that judgment recorded and preserved ? In those
very writings which Grotius is gravely blamed for
having quoted. The usages and laws of nations, the
events of history, the opinions of philosophers, the
sentiments of orators and poets, as well as the obser-
vation of common life, are, in truth, the materials out
of which the science of morality is formed ; and those
who neglect them are justly chargeable with a vain
attempt to philosophise without regard to fact and ex-
perience,— the sole foundation of all true philosophy.
If this were merely an objection of taste, I should
be willing to allow that Grotius has indeed poured
forth his learning with a profusion that sometimes
rather encumbers than adorns his work, and which is
not always necessary to the illustration of his subject.
Yet, even in making that concession, I should rather
yield to the taste of others than speak from my own
feelings. I own that such richness and splendour of
literature have a powerful charm for me. They fill
my mind with an endless variety of delightful recol-
lections and associations. They relieve the under-
standing in its progress through a vast science, by
calling up the memory of great men and of interesting
event's. By this means we see the truths of morality
clothed with all the eloquence, — not that could be
produced by the powers of one man, — but that could
be bestowed on them by the collective genius of the
world. Even Virtue and Wisdom themselves acquire
new majesty in my eyes, when I thus see all the great
masters of thinking and writing called together, as it
were, from all times and countries, to do them homage,
and to appear in their train.
But this is no place for discussions of taste, and I
am very ready to own that mine may be corrupted.
The work of Grotius is liable to a more serious objec-
OF NATURE AND NATIONS. 359
tion, though I do not recollect that it has ever been
made. His method is inconvenient and unscientific :
he has inverted the natural order. That natural
order undoubtedly dictates, that we should first search
for the original principles of the science in human
nature ; then apply them to the regulation of the con-
duct of individuals ; and lastly employ them for the
decision of those difficult and complicated questions
that arise with respect to the intercourse of nations.
But Grotius has chosen the reverse of this method.
He begins with the consideration of the states of peace
and war, and he examines original principles only
occasionally and incidentally as they grow out of the
questions which he is called upon to decide. It is a
necessary consequence of this disorderly method, —
which exhibits the elements of the science in the form
of scattered digressions, that he seldom employs suffi-
cient discussion on these fundamental truths, and
never in the place where such a discussion would be
most instructive to the reader.
This defect in the plan of Grotius was perceived,
and supplied, by Puffendorff, who restored natural
law to that superiority which belonged to it, and,
with great propriety, treated the law of nations as
only one main branch of the parent stock. Without
the genius of his master, and with very inferior learn-
ing, he has yet treated this subject with sound sense,
with clear method, with extensive and accurate know-
ledge, and with a copiousness of detail sometimes
indeed tedious, but always instructive and satisfactory.
Plis work will be always studied by those who spare
no labour to acquire a deep knowledge of the subject;
but it will, in our times, I fear, be oftener found on
the shelf than on the desk of the general student. In
the time of Mr. Locke it was considered as the manual
of those who were intended for active life ; but in the
present age, I believe it will be found that men of busi-
ness are too much occupied, — men of letters are too
fiistidious, — and men of the world too indolent, for the
A A 4
860 ON THE STUDY OF THE LAW
study or even the perusal of sucli works. Far be it
from me to. derogate from the real and great merit of
so useful a writer as Puffendorff. His treatise is a
mine in which all his successors must dig. I only
presume to suggest, that a book so prolix, and so
utterly void of all the attractions of composition, is
likely to repel many readers who are interested in its
subject, and who might perhaps be disposed to acquire
some knowledge of the principles of public laAv.
Many other circumstances might be mentioned,
which conspire to prove that neither of the great
works of which I have spoken, has superseded the
necessity of a new attempt to lay before the public
a system of the law of nations. The language of
Science is so completely changed since both these
works were written, that whoever was now to employ
their terms in his moral reasonings would be almost
unintelligible to some of his hearers or readers, — and
to some among them too who are neither ill qualified,
nor ill disposed, to study such subjects with consider-
able advantage to themselves. The learned, indeed,
well know how little novelty or variety is to be found
in scientific disputes. The same truths and the same
errors have been repeated from age to age, with little
variation but in the language ; and novelty of expres-
sion is often mistaken by the ignorant for substantial
discovery. Perhaps, too, very nearly the same portion
of genius and judgment has been exerted in most of
the various forms under which science has been cul-
tivated at different periods of history. The superiority
of those writers who continue to be read, perhaps
often consists chiefly in taste, in prudence, in a happy
choice of subject in a favourable moment, in an
agreeable style, in the good fortune of a prevalent
language, or in other advantages which are either
accidental, or are the result rather of the secondary,
than of the highest, faculties of the mind. But these
reflections, while they moderate the pride of invention,
and dispel the extravagant conceit of superior illu-
OF NATURE AND NATIONS. 361
mination, yet serve to prove the use, and indeed the
necessity, of ^ composing, from time to time, new
systems of science adapted to the opinions and lan-
guage of each succeeding period. Every age must
be taught in its own language. K a man were now
to begin a discourse on ethics with an account of the
" moral entities " of Puffendorff *, he would speak an
unknown tongue.
It is not, however, alone as a mere translation of
former writers into modern language that a new
system of public law seems likely to be useful. The
age in which we live possesses many advantages which
are peculiarly favourable to such an undertaking.
Since the composition of the great works of Grotius
and PufFendorfF, a more modest, simple, and intelli-
gible philosophy has been introduced into the schools ;
which has indeed been grossly abused by sophists,
but which, from the time of Locke, has been culti-
vated and improved by a succession of disciples worthy
of their illustrious master. We are thus enabled to
discuss with precision, and to explain with clearness,
the principles of the science of human nature, which
are in themselves on a level with the capacity of every
man of good sense, and which only appeared to be
abstruse from the unprofitable subtleties with which
they were loaded, and the barbarous jargon in which
they were expressed. The deepest doctrines of mo-
rality have since that time been treated in the perspi-
cuous and popular style, and with some degree of the
beauty and eloquence of the ancient moralists. That
philosophy on which are founded the principles of
our duty, if it has not become more certain (for mo-
* I do not mean to impeach the soundness of any part of Puf-
fendorff' s reasoning founded on moral entities : it may be ex-
plained in a manner consistent with the most just philosopliy.
He used, as every writer must do, the scientiric languaj^e of his
own time. I only assert that, to those who are unat'(iuaintLd
with ancient systems, his philosophical vocabulary is obsolete ami
uniiitcllijrible.
362 ON THE STUDY OF THE LAW
rality admits no discoveries), is at least less " harsh
and crabbed," less obscure and haughty in its lan-
guage, and less forbidding and disgusting in its appear-
ance, than in the days of our ancestors. If this
progress of leaning towards popularity has engen-
dered (as it must be owned that it has) a multitude
of superficial and most mischievous sciolists, the an-
tidote must come from the same quarter with the
disease : popular reason can alone correct popular
sophistry.
Nor is this the only advantage which a writer of
the present age would possess over the celebrated
jurists of the last century. Since that time vast ad-
ditions have been made to the stock of our knowledge
of human nature. Many dark periods of history have
since been explored : many hitherto unknown regions
of the globe have been visited and described by
travellers and navigators not less intelligent than
intrepid. We may be said to stand at the confluence
of the greatest number of streams of knowledge flow-
ins; from the most distant sources that ever met at
one point. We are not confined, as the learned of the
last age generally were, to the history of those re-
nowned nations who are our masters in literature.
We can bring before us man in a lower and more
abject condition than any in which he was ever before
seen. The records have been partly opened to us of
those mighty empires of Asia* where the beginnings
* I cannot prevail on myself to pass over this subject without
paying my humble tribute to the memory of Sir William Jones,
who has laboured so successfully in Oriental literature ; whose
fine genius, pure taste, unwearied industry, unrivalled and almost
prodigious variety of acquirements, — not to speak of his amiable
manners, and spotless integrity, — must fill every one who culti-
vates or admires letters with reverence, tinged with a melancholy
which the recollection of his recent death is so well adapted to
inspire. I hope I shall be pardoned if I add my applause to the
genius and learning of Mr. Maurice, who treads in the steps of
his illustrious friend, and who has bewailed his death in a strain
OF NATURE AND NATIONS. 363
of civilisation are lost in the darkness of an unfathom-
able antiquity. We can make human society pass in
review before our mind, from the brutal and helpless
barbarism of Terra del Fuego, and the mild and
voluptuous savages of Otaheite, to the tame, but
ancient and immoveable civilisation of China, which
bestows its own arts on every successive race of con-
querors,— to the meek and servile natives of Hindos-
tan, who preserve their ingenuity, their skill, and their
science, through a long series of ages, under the yoke
of foreign tyrants, — and to the gross and incorrigible
rudeness of the Ottomans, incapable of improvement,
and extino^uishinir the remains of civilisation among:
their unhappy subjects, once the most ingenious na-
tions of the earth. We can examine almost every
imaginable variety in the character, manners, opinions,
feelings, prejudices, and institutions of mankind, into
which they can be thrown, either by the rudeness of
barbarism, or by the capricious corruptions of refine-
ment, or by those innumerable combinations of cir-
cumstances, which, both in these opposite conditions,
and in all the intermediate stages between them, influ-
ence or direct the course of human affairs. History, if
I may be allowed the expression, is now a vast museum,
in which specimens of every variety of human nature
may be studied. From these great accessions to know-
ledge, lawgivers and statesmen, but, above all, moralists
and political philosophers, may reap the most impor-
tant instruction. They may plainly discover in all
the useful and beautiful variety of governments and
institutions, and under all the fantastic multitude of
usages and rites which have prevailed among men,
the same fundamental, comprehensive truths, the
sacred master-principles which are the guardians of
human society, recognised and revered (with few and
slight exceptions) by every nation upon earth, and
of genuine and beautiful poetry, not unworthy of happier periods
of our Enfrlish literature.
364 ON THE STUDY OF THE LAW
uniformly taught (with still fewer exceptions) by a
succession of wise men from the first dawn of specu-
lation to the present moment. The exceptions, few
as they are, will, on more reflection, be found rather
apparent than real. If we could raise ourselves to
that height from which we ought to survey so vast a
subject, these exceptions would altogether vanish;
the brutality of a handful of savages would disappear
in the immense prospect of human nature, and the
murmurs of a few licentious sophists would not ascend
to break the general harmony. This consent of man-
kind in first principles, and this endless variety in
their application, which is one among many valuable
truths which we may collect from our present exten-
sive acquaintance with the history of man, is itself of
vast importance. Much of the majesty and authority
of virtue is derived from their consent, and almost the
whole of practical wisdom is founded on their variety.
"What former age could have supplied facts for such
a work as that of Montesquieu ? He indeed has been,
perhaps justly, charged with abusing this advantage,
by the undistinguisliing adoption of the narratives of
travellers of very different degrees of accuracy and
veracity. But if we reluctantly confess the justness
of this objection ; if we are compelled to own that he
exaggerates the influence of climate, — that he ascribes
too much to the foresight and forming skill of legis-
lators, and far too little to time and circumstances, in
the growth of political constitutions, — that the sub-
stantial character and essential differences of govern-
ments are often lost and confounded in his technical
language and arrangement, — that he often bends the
free and irregular outline of nature to the imposing but
fallacious geometrical regularity of system, — that he
has chosen a style of affected abruptness, sententious-
ness, and vivacity, ill suited to the gravity of his
subject; — after all these concessions (for his fame is
large enough to spare many concessions), the Spirit of
Laws will still remain not only one of the most solid
OF NATURE AND NATIONS. 365
and durable monuments of the powers of the human
mind, but a striking evidence of the inestimable ad-
vantages which political philosophy may receive from
a wide survey of all the various conditions of human
society.
In the present century a slow and silent, but very
substantial, mitigation has taken place in the practice
of war ; and in proportion as that mitigated practice
has received the sanction of time, it is raised from
the rank of mere usage, and becomes part of the law
of nations. Whoever will compare our present modes
of warfare with the system of Grotius * will clearly
discern the immense improvements which have taken
place in that respect since the publication of his work,
during a period, perhaps in every point of view the
happiest to be found in the history of the world. In
the same period many important points of public law
have been the subject of contest both by argument
and by arms, of which we find either no mention, or
very obscure traces, in the history of preceding times.
There are other circumstances to which I allude
^^^th hesitation and reluctance, though it must be
owned that they afford to a writer of this age some
degree of unfortunate and deplorable advantage over
his predecessors. Recent events have accumulated
more terrible practical instruction on every subject
of politics than could have been in other times ac-
quired by the experience of ages. Men's wit sharp-
ened by their passions has penetrated to the bottom
of almost all political questions. Even the funda-
mental rules of morality themselves have, for the first
time, unfortunately for mankind, become the subject
of doubt and discussion. I shall consider it as my
duty to abstain from all mention of these awful events,
and of these fiital controversies. But the mind of that
man must indeed be incurious and indocile, who has
* Especially those chapters of the third book, entitled, " Tem-
pcramentum circa Captivos," &c.
366 ON THE STUDY OF THE LAW
either overlooked all these things, or reaped no in-
struction from the contemplation of them.
From these reflections it appears, that, since the
composition of those two great works on the law of
nature and nations which continue to be the classical
and standard works on that subject, we have gained
both more convenient instruments of reasoning and
more extensive materials for science, — that the code
of war has been enlarged and improved, — that new
questions have been practically decided, — and that
new controversies have arisen regarding the inter-
course of independent states, and the first principles
of morality and civil government.
Some readers may, however, think that in these
observations which I offer to excuse the presumption
of my own attempt, I have omitted the mention of
later writers, to whom some part of the remarks is
not justly applicable. But, perhaps, further considera-
tion will acquit me in the judgment of such readers.
Writers on particular questions of public law are not
within the scope of my observations. They have fur-
nished the most valuable materials ; but I speak only
of a system. To the large work of Wolffius, the ob-
servations which I have made on Puffendorff as a book
for general use, will surely apply with tenfold force.
His abridger, Vattel, deserves, indeed, considerable
praise ; he is a very ingenious, clear, elegant, and
useful writer. But he only considers one part of this
extensive subject, — namely, the law of nations, strictly
so called; and I cannot help thinking, that, even in
this department of the science, he has adopted some
doubtful and dangerous principles, — not to mention
his constant deficiency in that fulness of example
and illustration, which so much embellishes and
strengthens reason. It is hardly necessary to take any
notice of the text-book of Heineccius, the best writer
of elementary books with whom I am acquainted on
any subject. Burlamaqui is an author of superior
OF NATURE AND NATIONS. 367
merit ; but he confines himself too much to the general
principles of morality and politics, to require much
observation from me in this place. The same reason
will excuse me for passing over in silence the works
of many philosophers and moralists, to whom, in the
course of my proposed lectures, I shall owe and con-
fess the greatest obligations; and it might perhaps
deliver me from the necessity of speaking of the work
of Dr. Paley, if I were not desirous of this public op-
portunity of professing my gratitude for the instruc-
tion and pleasure which I have received from that
excellent writer, who possesses, in so eminent a de-
gree, those invaluable qualities of a moralist, — good
sense, caution, sobriety, and perpetual reference to
convenience and practice ; and who certainly is
thought less original than he really is, merely because
his taste and modesty have led him to disdain the
ostentation of novelty, and because he generally em-
ploys more art to blend his own arguments with the
body of received opinions (so as that they are scarce
to be distinguished), than other men, in the pursuit of
a transient popularity, have exerted to disguise the
most miserable common-places in the shape of paradox.
No writer since the time of Grotius, of Puffendorff,
and of Wolf, has combined an investigation of the
principles of natural and public law, with a full appli-
cation of these principles to particular cases ; and in
these circumstances, I trust, it will not be deemed ex-
travagant presumption in me to hope that I shall be
able to exhibit a view of this science, which shall, at
least, be more intelligible and attractive to students,
than the learned treatises of these celebrated men.
I shall now proceed to state the general plan and
subjects of the lectures in which I am to make this
attempt.
I. The being whose actions the law of nature pro-
fesses to regulate, is man. It is on the knowledge
of his nature that the science of his duty must be
368 ON THE STUDY OF THE LAW
founded. * It is impossible to approach the threshold
of moral philosophy without a previous examination
of the faculties and habits of the human mind. Let
no reader be repelled from this examination by the
odious and terrible name of "metaphysics;" for it is,
in truth, nothing more than the employment of good
sense, in observing our own thoughts, feelings, and
actions ; and when the facts which are thus observed
are expressed, as they ought to be, in plain language,
it is, perhaps, above all other sciences, most on a level
with the capacity and information of the generality
of thinking men. When it is thus expressed, it
requires no previous qualification, but a sound judg-
ment perfectly to comprehend it ; and those who wrap
it up in a technical and mysterious jargon, always
give us strong reason to suspect that they are not
philosophers, but impostors. Whoever thoroughly
understands such a science, must be able to teach it
plainly to all men of common sense. The proposed
course will therefore open with a very short, and, I
hope, a very simple and intelligible account of the
powers and operations of the human mind. By this
plain statement of facts, it will not be difficult to
decide many celebrated though frivolous and merely
verbal, controversies, which have long amused the lei-
sure of the schools, and which owe both their fame
and their existence to the ambiguous obscurity of
scholastic language. It will, for example, only re-
quire an appeal to every man's experience, to prove
that we often act purely from a regard to the happi-
ness of others, and are therefore social beings ; and
it is not necessary to be a consummate judge of the
deceptions of language, to despise the sophistical
trifler, who tells us, that, because we experience a gra-
tification in our benevolent actions, we are therefore
exclusively and uniformly selfish. A correct exa-
* " Natura enim juris explicanda est nobis, eaque ab hominis
repetenda natura."— De Leg. lib. i. c. 5.
OF NATURE AND NATIONS. 369
mination of facts will lead us to discover that quality
which is common to all virtuous actions, and which
distinguishes them from those which are vicious and
criminal. But we shall see that it is necessary for man
to be governed, not by his own transient and hasty
opinion upon the tendency of every particular action,
but by those fixed and unalterable rules, which are the
joint result of the impartial judgment, the natural
feelings, and the embodied experience of mankind.
The authority of these rules is, indeed, founded only
on their tendency to promote private and public wel-
fare ; but the morality of actions will appear solely to
consist in their correspondence with the rule. By the
help of this obvious distinction we shall vindicate a
just theory, which, far from being modern, is, in fact,
as ancient as philosophy, both from plausible objec-
tions, and from the odious imputation of supporting
those absurd and monstrous systems which have been
built upon it. Beneficial tendency is the foundation
of rules, and the criterion by which habits and sen-
timents are to be tried: but it is neither the imme-
diate standard, nor can it ever be the principal
motive of action. An action to be completely vir-
tuous, must accord with moral rules, and must flow
fi'om our natural feelings and affections, moderated,
matured, and improved into steady habits of right
conduct.* Without, however, dwelling longer on sub-
jects which cannot be clearly stated, unless they are
fully unfolded, I content myself with observing, that
it shall be my object, in this preliminary, but most
important, part of the course, to lay the foundations
of morality so deeply in human nature, as to satisfy
the coldest inquirer ; and, at the same time, to vin-
dicate the paramount authority of the rules of our
duty, at all times, and in all places, over all opinions
of interest and speculations of benefit, so extensively,
so universally, and so inviolably, as may well justify
* " Est autcm virtus nihil aliud, quam in sc pcrfccta atque ad
summum pcrducta natura." — De Leg, lib. i. c. 8.
VOL. I, B B
3^0 ON THE STUDY OF THE LAW
the grandest and the most apparently extravagant
effusions of moral enthusiasm. If, notwithstanding
all my endeavours to deliver these doctrines with the
utmost simplicity, any of my auditors should still
reproach me for introducing such abstruse matters, I
must shelter myself behind the authority of the wisest
of men. " If they (the ancient moralists), before they
had come to the popular and received notions of
virtue and vice, had staid a little longer upon the
inquiry concerning the roots of good and evil, they had
given, in my opinion, a great light to that which fol-
lowed ; and especially if they had consulted with
nature, they had made their doctrines less prolix, and
more profound." * What Lord Bacon desired for the
mere gratification of scientific curiosity, the welfare
of mankind now imperiously demands. Shallow sys-
tems of metaphysics have given birth to a brood of
abominable and pestilential paradoxes, which nothing
but a more profound philosophy can destroy. How-
ever we may, perhaps, lament the necessity of discus-
sions which may shake the habitual reverence of some
men for those rules which it is the chief interest of all
men to practise, we have now no choice left. We
must either dispute, or abandon the ground. Undis-
tinguishing and unmerited invectives against philo-
sophy will only harden sophists and their disciples in
the insolent conceit, that they are in possession of an
undisputed superiority of reason ; and that their
antagonists have no arms to employ against them, but
those of popular declamation. Let us not for a mo-
ment even appear to suppose, that philosophical truth
and human happiness are so irreconcilably at vari-
ance. I cannot express my opinion on this subject
so well as in the words of a most valuable, though
generally neglected writer : " The science of abstruse
learning, when completely attained, is like Achilles's
spear, that healed the wounds it had made before ; so
* Advancement of Learning, book ii.
OF NATURE AND NATIONS. 37 L
this knowledge serves to repair the damage itself had
occasioned, and this perhaps is all it is good for ; it
casts no additional light upon the paths of life, but
disperses the clouds with which it had overspread
them before ; it advances not the traveller one step
in his journey, but conducts him back again to the
spot from whence he wandered. Thus the land of
philosophy consists partly of an open champaign
country, passable by every common understanding,
and partly of a range of woods, traversable only by
the speculative, and where they too frequently delight
to amuse themselves. Since then we shall be obliged
to make incursions into this latter track, and shall
probably find it a region of obscurity, danger, and
difficulty, it behoves us to use our utmost endeavours
for enlightening and smoothing the way before us."*
We shall, however, remain in the forest only long
enough to visit the fountains of those streams which
flow from it, and which water and fertilise the culti-
vated region of morals, to become acquainted Avith
the modes of warfare practised by its savage inhabit-
ants, and to learn the means of guarding our fair and
fruitful land against their desolating incursions. I
shall hasten from speculations, to which I am na-
turally, perhaps, but too prone, and proceed to the
more profitable consideration of our practical duty.
The first and most simple part of ethics is that
which regards the duties of private men towards each
other, when they are considered apart from the sanc-
tion of positive laws. I say apart from that sanction,
not antecedent to it ; for though we separate private
from political duties for the sake of greater clearness
and order in reasoning, yet we are not to be so de-
luded by this mere arrangement of convenience as to
suppose that human society ever has subsisted, or
ever could subsist, without being protected by govern-
ment, and bound together by laws. All these rela-
Light of Nature, vol. i. prcf. p. xxxiii.
B B 2
372 ON THE STUDY OF THE LAW
tive duties of private life have been so copiously and
beautifully treated by the moralists of antiquity, that
few men will now choose to follow them, who are not
actuated by the wild ambition of equalling Aristotle
in precision, or rivalling Cicero in eloquence. They
have been also admirably treated by modern moralists,
among whom it would be gross injustice not to num-
ber many of the preachers of the Christian religion,
whose peculiar character is that spirit of universal
charity, which is the living principle of all our social
duties. For it was long ago said, with great truth,
by Lord Bacon, " that there never was any philo-
sophy, religion, or other discipline, which did so
plainly and highly exalt that good which is commu-
nicative, and depress the good which is private and
particular, as the Christian faith."* The appropriate
praise of this religion is not so much that it has
taught new duties, as that it breathes a milder and
more benevolent spirit over the whole extent of
morals.
On a subject which has been so exhausted, I should
naturally have contented myself with the most slight
and general survey, if some fundamental principles had
not of late been brought into question, which, in all for-
mer times, have been deemed too evident to require the
support of argument, and almost too sacred to admit
the liberty of discussion. I shall here endeavour to
strengthen some parts of the fortifications of morality
which have hitherto been neglected, because no man
had ever been hardy enough to attack them. Almost
all the relative duties of human life will be found
more immediately, or more remotely, to arise out of
the two great institutions of property and marriage.
They constitute, preserve, and improve society. Upon
their gradual improvement depends the progressive
civilisation of mankind ; on them rests the whole order
of civil life. We are told by Horace, that the first
* Advancement of Learning, book ii.
OF NATURE AND NATIONS. 373
efforts of lawgivers to civilise men consisted in
strengthening and regulating these institutions, and
fencing them round with rigorous penal laws.
" Oppida coeperunt munire, et ponere leges,
Ne quis fur esset, neu latro, neu quis adulter."*
A celebrated ancient orator j", of whose poems we
have but a few fragments remaining, has well de-
scribed the progressive order in which human society
is gradually led to its highest improvements under
the guardianship of those laws which secure property
and regulate marriage.
*' Et leges sanctas docuit, et chara juga\'it
Corpora conjugiis ; et magnas condidit urbes."
These two great institutions convert the selfish as
well as the social passions of our nature into the firmest
bands of a peaceable and orderly intercourse ; they
change the sources of discord into principles of quiet :
they discipline the most ungovernable, they refine
the grossest, and they exalt the most sordid propen-
sities ; so that they become the perpetual fountain of
all that strengthens, and preserves, and adorns society:
they sustain the individual, and they perpetuate the
race. Around these institutions all our social duties
will be found at various distances to range themselves ;
some more near, obviously essential to the good order
of human life ; others more remote, and of which the
necessity is not at first view so apparent ; and some
so distant, that their importance has been sometimes
doubted, though upon more mature consideration they
will be found to be outposts and advanced guards of
these fundamental principles, — that man should se-
curely enjoy the fruits of his labour, and that the
society of the sexes should be so wisely ordered, as
to make it a school of the kind affections, and a fit
nursery for the commonwealth.
The subject of property is of great extent. It will
* Sermon, lib. i. Scrm. iii. 105. f C. Licinius Calvus.
li B 3
374 ON THE STUDY OF THE LAW
be necessary to establish the foundation of the rights
of acquisition, alienation, arid transmission, not in
imaginary contracts or a pretended state of nature,
but in their subserviency to the subsistence and well-
being of mankind. It will not only be curious, but
.useful, to trace the history of property from the first
loose and transient occupancy of the savage, through
all the modifications which it has at different times
received, to that comprehensive, subtle, and anxiously
minute code of property which is the last result of the
most refined civilisation.
I shall observe the same order in considering the
society of the sexes, as it is regulated by the institu-
tion of marriage.* I shall endeavour to lay open
those unalterable principles of general interest on
which that institution rests ; and if I entertain a hope
that on this subject I may be able to add something
to what our masters in morality have taught us, I
trust, that the reader will bear in mind, as an excuse
for my presumption, that they were not likely to em-
ploy much argument where they did not foresee the
possibility of doubt. I shall also consider the his-
tory f of marriage, and trace it through all the forms
* See on this subject an incomparable fragment of the first
book of Cicero's Economics, which is too long for insertion here,
but which, if it be closely examined, may perhaps dispel the
illusion of those gentlemen, who have so strangely taken it for
granted that Cicero was incapable of exact reasoning.
f This progress is traced with great accuracy in some beautiful
lines of Lucretius : —
Mulier, conjuncta viro, concessit in unum ;
Castaque privatse Veneris connubia Iseta
Cognita sunt, prolemque ex se videre creatam ;
Turn genus humanum primum mollescere ccepit.
puerique parentum
Blanditiis facile ingenium fregerc superbum.
Tunc et amicitiam coeperunt ungere, habentes
Finitimi inter se, nee Isedere, nee violare ;
Et pueros commendarunt, mulicbreque saeclum,
Vocibus et gestu ; cum balbe significarent,
Imbecillorum esse sequum miserier omni.
De Eerum Nat. lib. v.
OF NATURE AND NATIONS. 37o
^hich it has assumed, to that descent and happy
permanency of union, which has, perhaps above all
other causes, contributed to the quiet of society, and
the refinement of manners in modern times. Among
many other inquiries which this subject will suggest,
I shall be led more particularly to examine the na-
tural station and duties of the female sex, their con-
dition among different nations, its improvement in
Europe, and the bounds which Nature herself has
prescribed to the progress of that improvement ; be-
yond which every pretended advance will be a real
degradation.
Having established the principles of private duty,
I shall proceed to consider man under the important
relation of subject and sovereign, or, in other words,
of citizen and magistrate. The duties which arise
from this relation I shall endeavour to establish, not
upon supposed compacts, which are altogether chi-
merical, which must be admitted to be ftilse in fact,
and which, if they are to be considered as fictions, will
be found to serve no purpose of just reasoning, and to
be equally the foundation of a system of universal
despotism in Hobbes, and of universal anarchy in
Rousseau ; but on the solid basis of general conve-
nience. Men cannot subsist without society and
mutual aid ; they can neither maintain social inter-
course nor receive aid from each other without the
protection of government; and they cannot enjoy
that protection without submitting to the restraints
which a just government imposes. This plain argu-
ment establishes the duty of obedience on the part
of the citizens, and the duty of protection on that of
magistrates, on the same foundation with that of
every other moral duty ; and it shows, with sufliicient
evidence, that these duties are reciprocal ; — the only
rational end for which the fiction of a contract should
have been invented. I shall not encumber my rea-
soning by any speculations on the origin of govern-
ment, — a question on which so much reason has been
B B 4
376 ON THE STUDY OF THE LAW
wasted in modern times; but which the ancients* in
a higher spirit of philosophy have never once mooted.
If our principles be just, our origin of government
must have been coeval with that of mankind ; and as
no tribe has ever been discovered so brutish as to be
without some government, and yet so enlightened as
to establish a government by common consent, it is
surely unnecessary to employ any serious argument in
the confutation of the doctrine that is inconsistent
with reason, and unsupported by experience. But
though all inquiries into the origin of government be
chimerical, yet the history of its progress is curious
and useful. The various stages through which it
passed from savage independence, which implies every
man's power of injuring his neighbour, to legal liberty,
which consists in every man's security against wrong ;
the manner in which a family expands into a tribe,
and tribes coalesce into a nation, — in which public
justice is gradually engrafted on private revenge, and
temporary submission ripened into habitual obedience ;
form a most important and extensive subject of in-
quiry, which comprehends all the improvements of
mankind in police, in judicature, and in legislation.
I have already given the reader to understand that
the description of liberty which seems to me the most
comprehensive, is that of security against wrong.
Liberty is therefore the object of all government.
Men are more free under every government, even the
most imperfect, than they would be if it were possible
for them to exist without any government at all : they
* The introduction to the first book of Aristotle's Politics is
the best demonstration of the necessity of political society to the
well-being, and indeed to the very being, of man, with which I
am acquainted. Having shown the circumstances which render
m«tn necessarily a social being, he justly concludes, " Koi ort iiv-
epwTTos (pvaei TroXiriKhu (wov." The same scheme of philosophy
is admirably pursued in the short, but invaluable fragment of the
sixth book of Polybius, which describes the history and i-evolu-
tions of government.
OF NATURE AND XATIOXS. 377
are more secure from wrong, more undisturbed in the
exercise of their natural powers, and therefore more
free, even in the most obvious and grossest sense of
the word, than if they were altogether unprotected
against injury from each other. But as general
security is enjoyed in very diiFerent degrees under
different governments, those which guard it most
perfectly, are by the way of eminence called " free."
Such governments attain most completely the end
which is common to all government. A free con-
stitution of government and a good constitution of
government are therefore different expressions for the
same idea.
Another material distinction, however, soon pre-
sents itself. In most civilised states the subject is
tolerably protected against gross injustice from his
fellows by impartial laws, which it is the manifest
interest of the sovereign to enforce : but some com-
monwealths are so happy as to be founded on a prin-
ciple of much more refined and provident wisdom.
The subjects of such commonwealths are guarded not
only against the injustice of each other, but (as far
as human prudence can contrive) against oppression
from the magistrate. Such states, like all other extra-
ordinary examples of public or private excellence
and happiness, are thinly scattered over the different
asres and countries of the world. In them the will of
the sovereign is limited with so exact a measure, that
his protecting authority is not weakened. Such a
combination of skill and fortune is not often to be
expected, and indeed never can arise, but from the
constant though gradual exertions of wisdom and
virtue, to improve a long succession of most favour-
able circumstances. There is, indeed, scarce any
society so wretched as to be destitute of some sort of
weak provision against the injustice of their governors.
Religious institutions, favourite prejudices, national
manners, have in different countries, with unequal
degrees of force, checked or mitigated the exercise of
378 ON THE STUDY OF THE LAW
supreme power. The privileges of a powerful nobilitj,
of opulent mercantile communities, of great judicial
corporations, have in some monarchies approached
more near to a control on the sovereign. Means have
been devised with more or less wisdom to temper the
despotism of an aristocracy over their subjects, and
in democracies to protect the minority against the
majority, and the whole people against the tyranny of
demagogues. But in these unmixed forms of govern-
ment, as the right of legislation is vested in one indi-
vidual or in one order, it is obvious that the legislative
power may shake oif all the restraints which the laws
have imposed on it. All such governments, therefore^
tend towards despotism, and the securities which they
admit against misgovernment are extremely feeble
and precarious. The best security which human
wisdom can devise, seems to be the distribution of
political authority among diiferent individuals and
bodies, with separate interests, and separate charac-
ters, corresponding to the variety of classes of which
civil society is composed, — each interested to guard
their own order from oppression by the rest, — each
also interested to prevent any of the others from
seizing on exclusive, and therefore despotic power;
and all having a common interest to co-operate in
carrying on the ordinary and necessary administration
of government. If there were not an interest to
resist each other in extraordinary cases, there would
not be liberty : if there were not an interest to co-
operate in the ordinary course of affairs, there could
be no government. The object of such wise institu-
tions, which make selfishness of governors a security
against their injustice, is to protect men against wrong
both from their rulers and their fellows. Such go-
vernments are, with justice, peculiarly and emphati-
cally called " free ; " and in ascribing that liberty to
the skilful combination of mutual dependence and
mutual check, I feel my own conviction greatly
strengthened by calling to mind, that in this opinion
OF NATURE AND NATIONS. 379
I agree with all the wise men who have ever deeply
considered the principles of politics ; — with Aristotle
and Poljbius, with Cicero and Tacitus, with Bacon
and Machiavel, with Montesquieu and Hume.* It is
impossible in such a cursory sketch as the present,
even to allude to a very small part of those philosophi-
cal principles, political reasonings, and historical facts,
which are necessary for the illustration of this momen-
tous subject. In a full discussion of it I shall be
obliged to examine the general frame of the most
celebrated governments of ancient and modern times,
and especially of those which have been most re-
nowned for their freedom. The result of such an
examination will be, that no institution so detestable
as an absolutely unbalanced government, perhaps ever
existed ; that the simple governments are mere crea-
tures of the imagination of theorists, who have trans-
formed names used for convenience of arrangement
into real politics ; that, as constitutions of government
approach more nearly to that unmixed and uncon-
trolled simplicity they become despotic, and as they
recede farther from that simplicity they become free.
* To the weight of these great names let me add the opinion
of two illustrious men of the present age, as both their opinions
are combined by one of them in the following passages: " He
(Mr. Fox) always thought any of the simple unbalanced govern-
ments bad ; simple monarchy, simple aristocracy, simple demo-
cracy ; he held them all imperfect or vicious, all were bad by
themselves ; the composition alone was good. These had been
always his principles, in which he agreed with his friend, ]Mr.
Burke." — Speech on the Army Estimates, 9th Feb. 1790. In
'speaking of both these illustrious men, whose names I here join,
as they will be joined in fame by posterity, which will forget
their temporary differences in the recollection of their genius
and their friendship, I do not entertain the vain imagination that
I can add to their glory by any thing that I can say. But it is
a gratification to me to give utterance to my feelings ; to express
the profound veneration with which I am filled for the memory
of the one, and the warm afiection which I cherish for the other,
whom no one ever heard in public without admiration, or knew
in private \i{c without loving.
380 ON THE STUDY OF THE LAW
By the constitution of a state, I mean " the body of
those written and unwritten fundamental laws which
regulate the most important rights of the higher magis-
trates, and the most essential privileges * of the sub-
jects." Such a body of political laws must in all coun-
tries arise out of the character and situation of a
people ; they must grow with its progress, be adapted
to its peculiarities, change with its changes, and be in-
corporated with its habits. Human wisdom cannot
form such a constitution by one act, for human wisdom
cannot create the materials of which it is composed.
The attempt, always ineffectual, to change by violence
the ancient habits of men, and the established order
of society, so as to fit them for an absolutely new
scheme of government, flows from the most presump-
tuous ignorance, requires the support of the most
ferocious tyranny, and leads to consequences which
its authors can never foresee, — generally, indeed, to
institutions the most opposite to those of which they
profess to seek the establishment, f But human wis-
dom indefatigably employed in remedying abuses,
and in seizing favourable opportunities of improving
that order of society which arises from causes over
which we have little control, after the reforms and
amendments of a series of ages, has sometimes, though
very rarely, shown itself capable of building up a
* Privilege, in Roman jurisprudence, means the exemption of
one individual from the operation of a law. Political privileges,
in the sense in which I employ the terms, mean those rights of
the subjects of a free state, which are deemed so essential to tht».
well-being of the commonwealth, that they are excepted from the
ordinary discretion of the magistrate, and guarded by the same
fundamental laws which secure his authority.
f See an admirable passage on this subject in Dr. Smith's
Theory of Moral Sentiments (vol. ii. pp. 101 — 112.), in which the
true doctrine of reformation is laid down with singular ability
by that eloquent and philosophical writer. See also Mr. Burke's
Speech on Economical Reform ; and Sir M. Hale on the Amend-
ment of Laws, in the Collection of my learned and most excel-
lent friend, Mr. Hargrave, p. 248.
OF NATURE AXD NATIONS. 381
free constitution, -wliich is " the growtii of time and
nature, rather than the work of human invention."*
Such a constitution can only be formed by the wise
imitation of " the great innovator Time, which, indeed,
innovateth greatly, but quietly, and by degrees scarce
to be perceived." I Without descending to the pue-
rile ostentation of panegyric, on that of which all
mankind confess the excellence, I may observe, with
truth and soberness, that a free government not only
establishes a universal security against wrong, but
that it also cherishes all the noblest powers of the
human mind ; that it tends to banish both the mean
and the ferocious vices ; that it improves the national
character to which it is adapted, and out of which it
grows ; that its whole administration is a practical
school of honesty and humanity ; and that there the
social affections, expanded into public spirit, gain a
wider sphere, and a more active spring.
I shall conclude what I have to offer on govern-
ment, by an account of the constitution of England.
I shall endeavour to trace the progress of that consti-
tution by the light of history, of laws, and of records,
from the earliest times to the present age ; and to
show how the general principles of liberty, originally
common to it with the other Gothic monarchies of
Europe, but in other countries lost or obscured, were
in this more fortunate island preserved, matured, and
adapted to the progress of civilisation. I shall at-
tempt to exhibit this most complicated machine, as
our history and our laws show it in action ; and not as
* Pour former un gouvcrnemcnt modore, il faut combiner les
puissances, les roglcr, les temperer, les faire agir ; donner pour
ainsi dire un lest a I'une, ])our la mcttre en ctat de resister a une
autre ; c'est un chef-d'oeuvre de legislation que le hasard fait rare-
ment, et que rarement on laisse faire a la prudence. Un gou-
veniement despotique au contraire saute, pour ainsi dire, aux
yeux ; il est uniforme partout : comme il ne faut que des passions
pour I'etablir, tout le monde est bon pour cela.— Montesquieu,
De I'Esprit de Loix, liv, v. c. 14.
t Bacon, Essay xxiv. (Of Linovations.)
382 ON THE STUDY OF THE LAW
some celebrated writers have most imperfectly repre-
sented it, who have torn out a few of its more simple
springs, and putting them together, mi seal them the
British constitution. So prevalent, indeed, have these
imperfect representations hitherto been, that I will
venture to affirm, there is scarcely any subject which
has been less treated as it deserved than the govern-
ment of England. Philosophers of great and merited
reputation * have told us that it consisted of certain
portions of monarchy, aristocracy, and democracy, —
names which are, in truth, very little applicable, and
which, if they were, would as little give an idea of
this government, as an account of the weight of
bone, of flesh, and of blood in a human body, would
be a picture of a living man. Nothing but a patient
and minute investigation of the practice of the govern-
ment in all its parts, and through its whole history,
can give us just notions on this important subject. If
a lawyer, without a philosophical spirit, be unequal
to the examination of this great work of liberty and
wisdom, still more unequal is a philosopher without
practical, legal, and historical knowledge ; for the
first may want skill, but the second wants materials.
The observations of Lord Bacon on political writers,
in general, are most applicable to those who have
given us systematic descriptions of the English con-
stitution. " All those who have written of govern-
ments have written as philosophers, or as lawyers, and
none as statesmen. As for the philosophers, they make
imaginary laws for imaginary commonwealths, and
their discourses are as the stars, which give little light
because they are so high." — " Hsec cognitio ad viros
civiles proprie pertinet," as he tells us in another part
of his writings ; but unfortunately no experienced
philosophical British statesman has yet devoted his
* The reader will perceive that I allude to Montesquieu, whom
I never name without reverence, though I shall presume, with
humility, to criticise his account of a government which he only
saw at a distance.
OF NATURE AND NATIONS. 383
leisure to a delineation of the constitution, which
such a statesman alone can practically and perfectly
know.
In the discussion of this great subject, and in all
reasonings on the principles of politics, I shall labour,
above all things, to avoid that which appears to me
to have been the constant source of political error : — I
mean the attempt to give an air of system, of simpli-
city, and of rigorous demonstration, to subjects which
do not admit it. The only means by which this
could be done, was by referring to a few simple causes,
what, in truth, arose from immense and intricate com-
binations, and successions of causes. The consequence
was very obvious. The system of the theorist, disen-
cumbered from all regard to the real nature of things,
easily assumed an air of speciousness : it required
little dexterity, to make his arguments- appear conclu-
sive. But all men agreed that it was utterly inap-
plicable to human affairs. The theorist railed at the
folly of the world, instead of confessing his own ; and
the man of practice unjustly blamed Philosophy, in-
stead of condemning the sophist. The causes which
the politician has to consider are, above all others,
multiplied, mutable, minute, subtile, and, if I may so
speak, evanescent, — perpetually changing their form,
and varying their combinations, — losing their nature,
while they keep their name, — exhibiting the most dif-
ferent consequences in the endless variety of men and
nations on whom they operate, — in one degree of
strength producing the most signal benefit, and, under
a slight variation of circumstances, the most tremen-
dous mischiefs. They admit indeed of being reduced
to theory : but to a theory formed on the most exten-
sive views, of the most comprehensive and flexible
principles, to embrace all their varieties, and to fit all
their rapid transmigrations, — a theory, of which the
most fundamental maxim is, distrust in itself, and
deference for practical prudence. Only two writers
of former times have, as f^ir as I know, observed this
384 ON THE STUDY OF THE LAW
general defect of political reasoners ; but these two
are the greatest philosophers who have ever appeared
in the world. The first of them is Aristotle, who, in a
passage of his Politics *, to which I cannot at this mo-
ment turn, plainly condemns the pursuit of a delusive
geometrical accuracy in moral reasonings as the con-
stant source of the grossest error. The second is
Lord Bacon, who tells us, with that authority of con-
scious wisdom which belongs to him, and with that
power of richly adorning Truth from the wardrobe of
Genius which he possessed above almost all men, "Civil
knowledge is conversant about a subject which, above
all others, is most immersed in matter, and hardliest
reduced to axiom."!
I shall next endeavour to lay open the general
principles of civil and criminal laws. On this sub-
ject I may with some confidence hope that I shall be
enabled to philosophise with better materials by my
acquaintance with the laws of my own country, which
it is the business of my life to practise, and of which
the study has by habit become my favourite pursuit.
The first principles of jurisprudence are simple
maxims of Reason, of which the observance is im-
mediately discovered by experience to be essential to
the security of men's rights, and which pervade the
laws of all countries. An account of the gradual
application of these original principles, first to more
simple, and afterwards to more complicated cases,
forms both the history and the theory of law. Such
an historical account of the progress of men, in re-
* Probably book iii. cap. 11. — Ed.
f This principle is expressed by a writer of a very different
character from these two great philosophers, — a writer, " qu'on
n'appellera plus philosophe, mais qu'on appellera le plus eloquent
des sophistes," with great force, and, as his manner is, with some
exaggeration. " II n'y a point de principes abstraits dans la
politique. C'est une science des calculs, des combinaisons, et des
exceptions, selon les lieux, les terns, et les circonstanccs." — Lettre
de Rousseau au Marquis de Mirabcau. The second proposition
is true ; but the first is not a just inference from it.
OF XATURE AND NATIONS. 385
ducing justice to an applicable and practical system,
will enable us to trace that chain, in which so many
breaks and interruptions are perceived by superficial
observers, but which in truth inseparably, though with
many dark and hidden windings, links together the
security of life and property with the most minute and
apparently frivolous formalities of legal proceeding:.
VVe shall perceive that no human foresight is suffi-
cient to establish such a system at once, and that if it
were so established, the occurrence of unforeseen cases
would shortly altogether change it ; that there is but
one way of forming a civil code, either consistent with
common sense, or that has ever been practised in any
country, — namely, that of gradually building up the
law in proportion as the facts arise which it is to re-
gulate. We shall learn to appreciate the merit of
vulgar objections against the subtilty and complexity
of laws. We shall estimate the good sense and the
gratitude of those who reproach lawyers for employ-
ing all the powers of their mind to discover subtle
distinctions for the prevention of injustice*; and we
shall at once perceive that laws ought to be neither
more simple nor more complex than the state of society
which they are to govern, but that they ought exactly
to correspond to it. Of the two faults, however, the
excess of simplicity would certainly be the greatest;
for laws, more complex than are necessary, would only
produce embarrassment ; whereas laws more simple
than the affairs which they regulate would occasion a
defeat of Justice. More understanding has perhaps
been in this manner exerted to fix the rules of life
than in any other science f; and it is certainly the
* " The casuistical subtilties are not perhaps greater than the
subtilties of lawyers ; but the latter are innocent, and even ne-
cessary."— Hume, Essays, vol. ii. p. 558.
t " Law," said 1)t. Johnson, " is the science in which the
greatest powers of the understanding are applied to the gieatcst
number of facts." Nobody, who is acquainted with the vnriety
and multiplicity of the subjects of jurisprudence, and with the
VOL. I. C C
386 ON THE STUDY OF THE LAW
most honourable occupation of the understanding, be-
cause it is the most immediately subservient to general
safety and comfort. There is not, in my opinion, in
the whole compass of human aifairs, so noble a spec-
tacle as that which is displayed in the progress of ju-
risprudence ; where we may contemplate the cautious
and unwearied exertions of a succession of wise men,
through a long course of ages, withdrawing every case
as it arises from the dangerous power of discretion,
and subjecting it to inflexible rules, — extending the
dominion of justice and reason, and gradually con-
tracting, within the narrowest possible limits, the
domain of brutal force and of arbitrary will. This
subject has been treated with such dignity by a writer
who is admired by all mankind for his eloquence, but
who is, if possible, still more admired by all competent
judges for his philosophy, — a writer, of whom I may
justly say, that he was " gravissimus et dicendi et
intelligendi auctor et magister," — that I cannot refuse
myself the gratification of quoting his words: — "The
science of jurisprudence, the pride of the human intel-
lect, which, with all its defects, redundancies, and
errors, is the collected reason of ages combining the
principles of original justice with the infinite variety
of human concerns."*
I shall exemplify the progress of law, and illustrate
those principles of Universal Justice on which it is
founded, by a comparative review of the two greatest
civil codes that have been hitherto formed, — those of
Rome and of England |, — of their agreements and
prodigious powers of discrimination employed upon them, can
doubt the truth of this observation.
* Burke, Works, vol, iii. p. 134.
f On the intimate connection of these two codes, let us hear
the words of Lord Holt, whose name never can be pronounced
without veneration, as long as wisdom and integrity are revered
among men : — " Inasmuch as the laws of all nations are doubt-
less raised out of the ruins of the civil law, as all governments
are sprung out of the ruins of the Roman empire, it must be
owned that the principles of our law are borrowed from the civil
OF NATURE AND NATIONS. 387
disagreements, both in general provisions, and in some
of the most important parts of their minute practice.
In this part of the course, which I mean to pursue
with such detail as to give a view of both codes, that
may perhaps be sufficient for the purposes of the
general student, I hope to convince him that the laws
of civilised nations, particularly those of his own, are
a subject most worthy of scientific curiosity ; that
principle and system run through them even to the
minutest particular, as really, though not so appa-
rently, as in other sciences, and applied to purposes
more important than those of any other science. Will
it be presumptuous to express a hope, that such an
inquiry may not be altogether a useless introduction
to that larger and more detailed study of the law of
England, which is the duty of those who are to pro-
fess and practise that law ?
In considering the important subject of criminal
law, it will be my duty to found, on a regard to the
general safety, the right of the magistrate to inflict
punishments, even the most severe, if that safety can-
not be effectually protected by the example of in-
ferior punishments. It will be a more agreeable part
of my office to explain the temperaments wliich
Wisdom, as well as Humanity, prescribes in the ex-
ercise of that harsh right, unfortunately so essential
to the preservation of human society. I shall collate
the penal codes of different nations, and gatlier to-
gether the most accurate statement of the result of
experience with respect to the efficacy of lenient and
severe punishments ; and I shall endeavour to ascer-
tain the principles on which must be founded both
the proportion and the appropriation of penalties to
crimes. As to the law ot" criminal proceeding, my
labour will be very easy ; for on that subject an
English lawyer, if he were to delineate the model of
law, therefore p-ounded upon the same reason in many things."
— 12 Mod. Rep. 482.
c c 2
388 ON THE STUDY OF THE LAW
perfection, would find that, with few exceptions, he
had transcribed the institutions of his own country.
The next great division of the subject is the "law
of nations," strictly and properly so called. I have
already hinted at the general principles on which this
law is founded. They, like all the principles of natural
jurisprudence, have been more happily cultivated, and
more generally obeyed, in some ages and countries
than in others ; and, like them, are susceptible of
great variety in their application, from the character
and usage of nations. I shall consider these principles
in the gradation of those which are necessary to any
tolerable intercourse between nations, of those which
are essential to all well-regulated and mutually advan-
tageous intercourse, and of those which are highly
conducive to the preservation of a mild and friendly
intercourse between civilised states. Of the first class,
every understanding acknowledges the necessity, and
some traces of a faint reverence for them are disco-
vered even among the most barbarous tribes ; of the
second, every well-informed man perceives the im-
portant use, and they have generally been respected
by all polished nations ; of the third, the great benefit
may be read in the history of modern Europe, where
alone they have been carried to their full perfection.
In unfolding the first and second class of principles,
I shall naturally be led to give an account of that law
of nations, which, in greater or less perfection, regu-
lated the intercourse of savages, of the Asiatic em-
pires, and of the ancient republics. The third brings
me to the consideration of the law of nations, as it is
now acknowledged in Christendom. From the great
extent of the subject, and the particularity to which,
for reasons already given, I must here descend, it is
impossible for me, within my moderate compass, to
give even an outline of this part of the course. It
comprehends, as every reader will perceive, the prin-
ciples of national independence, the intercourse of
nations in peace, the privileges of ambassadors and
OF XATUKE AND NATIONS. 389
inferior ministers, the commerce of private subjects,
the grounds of just war, the mutual duties of belli-
gerent and neutral powers, the limits of lawful hos-
tility, the rights of conquest, the faith to be observed
in warfare, the force of an armistice, — of safe conducts
and passports, the nature and obligation of alliances,
the means of negotiation, and the authority and inter-
pretation of treaties of peace. All these, and many
other most important and complicated subjects, with
all the variety of moral reasoning, and historical ex-
amples which is necessary to illustrate them, must be
fully examined in that part of the lectures, in which
I shall endeavour to put together a tolerably complete
practical system of the law of nations, as it has for
the last two centuries been recognised in Europe.
"Le droit des gens est naturellement fonde sur ce
principe, que les diverses nations doivent se faire, dans
la paix le plus de bien, et dans la guerre le moins de
mal, qu'il est possible, sans nuire a leurs veritables
interets. L'objet de la guerre c'est la victoire ; celui
de la victoire la conquete ; celui de la conquete la con-
servation. De ce principe et du precedent, doivent
deriver toutes les loix qui forment le droit des gens.
Toutes les nations ont un droit des gens ; et les Iro-
quois meme, qui mangent leurs prisonniers, en ont un.
lis envoicnt et re9oivent des embassades ; ils connois-
sent les droits de la guerre et de la paix : le mal est
que ce droit des gens n'est pas fonde sur les vrais
principes." *
As an important supplement to the practical sys-
tem of our modern law of nations, or rather as a ne-
cessary part of it, I shall conclude with a survey of the
diplomatic and conventional law of Europe, and of the
treaties which have materially affected the distribution
of power and territory among the European states, —
the circumstances which irave rise to them, the changes
which they effected, and the principles which they
* De I'Esprit des LoLx, liv. i. c. 3.
CC 3
390 ON THE STUDY OF THE LAW
introduced into the public code of the Christian com-
monwealth. In ancient times the knowledge of this
conventional law was thought one of the greatest
praises that could be bestowed on a name loaded with
all the honours that eminence in the arts of peace
and war can confer : "Equidem existimo, judices,
ciim in omni genere ac varietate artium, etiam illarum,
quae sine summo otio non facile discuntur, Cn. Pom-
peius excellat, singularem quandam laudem ejus et
praestabilem esse scientiam, in foederibus, pactionibus,
conditionibus, populorum, regum, exterarum natio-
num : in universo denique belli jure ac pacis." * In-
formation on this subject is scattered over an immense
variety of voluminous compilations, not accessible to
every one, and of which the perusal can be agreeable
only to a very few. Yet so much of these treaties has
been embodied into the general law of Europe, that
no man can be master of it who is not acquainted
with them. The knowledge of them is necessary to
negotiators and statesmen ; it may sometimes be im-
portant to private men in various situations in which
they may be placed ; it is useful to all men who wish
either to be acquainted with modern history, or to
form a sound judgment on political measures. I shall
endeavour to give such an abstract of it as may be
sufficient for some, and a convenient guide for others
in the farther progress of their studies. The treaties
which I shall more particularly consider will be those
of Westphalia, of Oliva, of the Pyrenees, of Breda, of
Nimeguen, ofRyswick, of Utrecht, of Aix-la-Chapelle,
of Paris (1763), and of Versailles (1783). I shall
shortly explain the other treaties, of which the stipu-
lations are either alluded to, confirmed, or abrogated
in those which I consider at length. I shall subjoin
an account of the diplomatic intercourse of the Euro-
pean powers with the Ottoman Porte, and with other
princes and states who are without the pale of our
* Cic. Orat. pro L. Corn. Balbo, c. vi.
OF NATURE AND NATIONS. 391
ordinary federal law ; together with a view of the
most important treaties of commerce, their principles,
and their consequences.
As an useful ajjpendix to a practical treatise on
the law of nations, some account will be given of
those tribunals which in different countries of Europe
decide controversies arising out of that law ; of their
constitution, of the extent of their authority, and of
their modes of proceeding ; more especially of those
courts which are peculiarly appointed for that pur-
pose by the laws of Great Britain.
Though the course, of which I have sketched the
outline, may seem to comprehend so great a variety
of miscellaneous subjects, yet they are all in truth
closely and inseparably interwoven. The duties of
men, of subjects, of princes, of lawgivers, of magis-
trates, and of states, are all parts of one consistent
system of universal morality. Between the most ab-
stract and elementary maxim of moral pliilosophy,
and the most complicated controversies of civil or
public law, there subsists a connection which it will
be the main object of these lectures to trace. The
principle of justice, deeply rooted in the nature and
interest of man, pervades the whole system, and is
discoverable in every part of it, even to its minutest
ramification in a legal formality, or in the construc-
tion of an article in a treaty.
I know not whether a philosopher ought to confess,
that in his inquiries after truth he is biassed by any
consideration, — even by the love of virtue. But I,
who conceive that a real philosopher ought to regard
truth itself chiefly on account of its subserviency to
the happiness of mankind, am not ashamed to confess,
that I shall feel a great consolation at the conclusion
of these lectures, if, by a wide survey and an exact
examination of the conditions and relations of liuman
nature, I shall have confirmed but one individual in
the conviction, that justice is the permanent interest
of all men, and of all commonwealths. To discover
c c 4
392 THE LAW OF NATURE AND NATIONS.
one new link of that eternal chain bj which the Au-
thor of the universe has bound together the happiness
and the duty of His creatures, and indissolubly fas-
tened their interests to each other, would fill my
heart with more pleasure than all the fame with
which the most ingenious paradox ever crowned the
most eloquent sophist. I shall conclude this Dis-
course in the noble language of two great orators and
philosophers, who have, in a few words, stated the
substance, the object, and the result of all morality,
and politics, and law. " Nihil est quod adhuc de re-
publica putem dictum, et quo possim longius progredi,
nisi sit confirmatum, non modo falsum esse illud, sine
injuria non posse, sed hoc verissimum, sine summa
justitia rempublicam geri nuUo modo posse." * "Justice
is itself the great standing policy of civil society,
and any eminent departure from it, under any circum-
stances, lies under the suspicion of being no policy
at all." t
* Cic. De Repub. Ub. ii. f Burke, Works, vol. iii. p. 207.
LIFE
SIR THOMAS MORE.
Aristotle and Bacon, the greatest philosophers of
the ancient and modern world, agree in representing
poetry as being of a more excellent nature than his-
tory. Agreeably to the predominance of mere under-
standing in Aristotle's mind, he alleges as his cause of
preference that poetry regards general truth, or con-
formity to universal nature ; while history is con-
versant only with a confined and accidental truth,
dependent on time, place, and circumstance. The
ground assigned by Bacon is such as naturally issued
from that fusion of imagination with reason, which
constitutes his philosophical genius. Poetiy is ranked
more highly by him, because the poet presents us
with a pure excellence and an unmingled grandeur,
not to be found in the coarse realities of lite or of
history; but which the mind of man, although not
destined to reach, is framed to contemplate with
delight.
The general difference between biography and
history is obvious. There have been many men in
every age whose lives are full of interest and instruc-
tion ; but who, having never taken a part in public
affairs, are altogether excluded from the province of
the historian : there have been also, probably, equal
numbers who have influenced the fortune of nations
in peace or in war, of the peculiarities of whose cha-
394 LIFE OF SIR THOMAS MORE.
racter we have no information ; and who, for the pur-
poses of the biographer, may be said to have had no
private life. Tliese are extreme cases : but there are
other men, whose manners and acts are equally well
known, whose individual lives are deeply interesting,
whose characteristic qualities are peculiarly striking,
who have taken an important share in events con-
nected with the most extraordinary revolutions of
human affairs, and whose biography becomes more
difficult from that combination and intermixture of
private with public occurrences, which render it in-
structive and interesting. The variety and splendour
of the lives of such men render it often difficult to
distinguish the portion of them which ought to be
admitted into history, from that which should be re-
served for biography. Generally speaking, these two
parts are so distinct and unlike, that they cannot be
confounded without much injury to both ; — as when
the biographer hides the portrait of the individual by
a crowded and confined picture of events, or when
the historian allows unconnected narratives of the
lives of men to break the thread of history. The
historian contemplates only the surface of human
nature, adorned and disguised (as when actors per-
form brilliant parts before a great audience), in the
midst of so many dazzling circumstances, that it is
hard to estimate the intrinsic worth of individuals, —
and impossible, in an historical relation, to exhibit the
secret springs of their conduct. The biographer en-
deavours to follow the hero and the statesman, from
the field, the council, or the senate, to his private
dwelling, where, in the midst of domestic ease, or of
social pleasure, he throws aside the robe and the
mask, becomes again a man instead of an actor, and,
in spite of himself, often betrays those frailties and
singularities which are visible in the countenance and
voice, the gesture and manner, of every one when he
is not playing a part. It is particularly difficult to
observe the distinction in the case of Sir Thomas More,
LIFE OF SIR THOMAS MORE 395
because he was so perfectly natural a man that he
carried his amiable peculiarities into the gravest de-
liberations of state, and the most solemn acts of law.
Perhaps nothing more can be universally laid down,
than that the biographer never ought to introduce
public events, except in as far as they are absolutely
necessary to the illustration of character, and that the
historian should rarely digress into biographical par-
ticulars, except in as far as they contribute to the
clearness of his narrative of political occurrences.
Sir Thomas More was born in Milk Street, in the
city of London, in the year 1480, three years before
the death of Edward IV. His family was respectable
— no mean advantage at that time. His father. Sir
John More, who was born about 1440, was entitled
by his descent to use an armorial bearing, — a pri-
vilege guarded strictly and jealously as the badge of
those who then began to be called gentry, and who,
though separated from the lords of parliament by po-
litical rights, yet formed with them in the order of
society one body, corresponding to those called noble
in the other countries of Europe. Though the poli-
tical power of the barons was on the wane, the social
position of the united body of nobility and gentry
retained its dignity.* Sir «John iSIore was one of the
justices of the court of King's Bench to the end of
his long life ; and, according to his son's account, well
* " In Sir Thomas More's epitaph, he describes himself as
' bom of no noble family, but of an honest stock,' (or in the words
of the original, familia non celebri, sed honcsta natus,) a true
translation, as we here take nobility and noble; for none under a
baron, except he be of the privy council, duth chalK-ngc it ; and
in this sense he meant it; but as the Latin word nobiiis is taken
in other countries for gentrie, it was otlierwise. Sir John More
bare arms from his birth : and though we cannot certainly tell
who were his ancestors, they must needs be gentlemen." — Life of
IMorc (commonly reputed to be) by Thomas ^More, his great
grandson, pp. 3, 4. 'This book will be cited hcneefor^vard as
" More."
396 LIFE OF SIR THOMAS MORE.
performed the peaceable duties of civil life, being
gentle in his deportment, blameless, meek and merci-
ful, an equitable judge, and an upright man.*
Sir Thomas More received the first rudiments of
his education at St. Anthony's school, in Threadneedle
Street, under Nicholas Hart : for the daybreak of
letters was now so bright, that the reputation of
schools was carefully noted, and schoolmasters began
to be held in some part of the estimation which they
merit. Here, however, his studies were confined to
Latin; the cultivation of Greek, which contains the
sources and models of Roman literature, being yet far
from having descended to the level of the best among
the schools. It was the custom of that age that young
gentlemen should pass part of their boyhood in the
house and service of their superiors, where they might
profit by listening to the conversation of men of ex-
perience, and gradually acquire the manners of the
world. It was not deemed derogatory from youths of
rank, — it was rather thought a beneficial expedient
for inuring them to stern discipline and implicit
obedience, that they should be trained, during this
noviciate, in humble and even menial ofiices. A young
gentleman thought himself no more lowered by serv-
ing as a page in the family of a great peer or prelate,
than a Courtenay or a Howard considered it as a
degradation to be the huntsman or the cupbearer of
a Tudor.
More was fortunate in the character of his master :
when his school studies were thought to be finished,
about his fifteenth year, he was placed in the house of
Cardinal Morton, archbishop of Canterbury. This
prelate, who was born in 1410, was originally an
eminent civilian, canonist, and a practiser of note in
the ecclesiastical courts. He had been a Lancastrian,
and the fidelity with which he adhered to Henry VI.,
till that unfortunate prince's death, recommended him
* " Homo civilis, innocens, mitis, integer." — Epitaph.
LIFE OF SIR THOilAS MORE. 397
to the confidence and patronage of Edward lY. lie
negotiated the marriage with the princess Elizabeth,
which reconciled (with whatever confusion of titles)
the conflicting pretensions of York and Lancaster,
and raised Henrj Tudor to the throne. By these
services, and by his long experience in affairs, he
continued to be prime minister till his death, which
happened in 1500, at the advanced age of ninety.*
Even at the time of More's entry into his household,
the old cardinal, though then fourscore and five years,
was pleased with the extraordinary promise of the
sharp and lively boy ; as aged persons sometimes, as
it were, catch a glimpse of the pleasure of youth, by
entering for a moment into its feelings. More broke
into the rude dramas performed at the cardinaFs
Christmas festivities, to which he was too young to
be invited, and often invented at the moment speeches
for himself, "which made the lookers-on more sport
than all the players beside." The cardinal, much de-
lighting in his wit and towardness, would often say of
him unto the nobles that dined with him, — "This
child here waiting at the table, whosoever shall live to
see it, will prove a marvellous man."f More, in his
historical work, thus commemorates this early friend,
not without a sidelons; glance at the acts of a courtier:
— "He was a man of great natural wit, very well
learned, honourable in behaviour, lacking in no wise
to win fiivour."J: In Utopia he praises the cardinal
more lavishly, and with no restraint from the severe
justice of history. It was in Morton's house that he
was probably first known to Colet, dean of St. Paul's,
* Dodd's Church History, vol. i. p. 141. Tlic Roman Catho-
lics, now restored to their just rank m society, have no longer an
excuse for not continuing this useful work. [This has been ac-
cordingly done since this note was written, by the Kcv. M. A.
Tierney. — En.]
t Roper's Life of Sir T. More, edited by Singer. This book
will be cited henceforward as " Ro])cr."
X History of Richard ILL
398 LIFE OF SIR THOMAS MORE.
the founder of St. Paul's school, and one of the most
eminent restorers of ancient literature in England ;
who was wont to saj, that " there was but one wit in
England, and that was young Thomas More."*
More went to Oxford in 1497, where he appears to
have had apartments in St. Mary's Hall, but to have
carried on his studies at Canterbury College f, on the
spot where Wolsey afterwards reared the magnificent
edifice of Christchurch. At that university he found
a sort of civil war waged between the partisans of
Greek literature, who were then innovators in educa-
tion and suspected of heresy, if not of infidelity, on
the one hand ; and on the other side the larger body,
comprehending the aged, the powerful, and the cele-
brated, who were content to be no wiser than their
forefathers. The younger followers of the latter
faction affected the ridiculous denomination of Trojans,
and assumed the names of Priam, Hector, Paris, and
^neas, to denote their hostility to the Greeks. The
puerile pedantry of these coxcombs had the good
effect of awakening the zeal of More for his Grecian
masters, and of inducing him to withstand the bar-
barism which would exclude the noblest productions
of the human mind from the education of English
youth. He expostulated with the university in a
letter addressed to the whole body, reproaching them
with the better example of Cambridge, where the
gates were thrown open to the higher classics of
Greece, as freely as to their Roman imitators. | The
established clergy even then, though Luther had not
yet alarmed them, strangers as they were to the new
learning, affected to contemn that of which they were
ignorant, and could not endure the prospect of a
rising generation more learned than themselves.
Their whole education was Latin, and their instruc-
tion was limited to Roman and canon law, to theology,
* More, p. 25. f Athense Oxonienses, vol. i. p. 79.
See this Letter in the Appendix to the second volume of
Jortin's Life of Erasmus.
LIFE OF Sm TH05IAS MORE. 399
and school philosophy. They dreaded the downfal
of the authority of the Vulgate from the study of
Greek and Hebrew. But the course of things was
irresistible. The scholastic system was now on the
verge of general disregard, and the perusal of the
greatest Roman writers turned all eyes towards the
Grecian masters. What man of high capacity, and of
ambition becoming his faculties, could read Cicero
without a desire to comprehend Demosthenes and
Plato ? What youth desirous of excellence but would
rise from the study of the Georgics and the ^neid,
with a wish to be acquainted with Hesiod and Apollo-
nius, with Pindar, and above all with Homer ? These
studies were then pursued, not with the dull languor
and cold formality with which the indolent, incapable,
incurious majority of boys obey the prescribed rules
of an old establishment, but with the enthusiastic
admiration with which the superior few feel an earnest
of their own higher powers, in the delight which arises
in their minds at the contemplation of new beauty,
and of excellence unimagined before.
More found several of the restorers of Grecian
literature at Oxford, who had been the scholars of the
exiled Greeks in Italy; — Grocyn, the first professor
of Greek in the university ; Linacre, the accomplished
founder of the college of physicians ; and William
Latimer, of whom we know little more than what we
collect from the general testimony borne by his most
eminent contemporaries to his learning and virtue.
Grocyn, tlie first of the English restorers, was a late
learner, being in the forty-eighth year of his age when
he went, in 1488, to Italy, where the fountains of
ancient learning were once more opened. After
having studied under Politian, and learnt Greek from
Chalcondylas, one of the lettered emigrants who
educated the teachers of the western nations, he re-
turned to Oxford, where he taught that language to
More, to Linacre, and to Erasmus. Linacre followed
the example of Grocyn in visiting Italy, and profiting
400 LIFE OF SIR THOMAS MORE.
by the instructions of Chalcondjlas. Colet spent four
years in the same country, and in the like studies.
William Latimer repaired at a mature age to Padua, in
quest of that knowledge which was not to be acquired
at home. He was afterwards chosen to be tutor to
Reginald Pole, the King's cousin ; and Erasmus, by
attributing to him " maidenly modesty," leaves in one
word an agreeable impression of the character of a
man chosen for his scholarship to be Linacre's colleague
in a projected translation of Aristotle, and solicited
by the latter for aid in his edition of the New Testa-
ment.*
At Oxford More became known to a man far more
extraordinary than any of these scholars. Erasmus
had been invited to England by Lord Mountjoy, who
had been his pupil at Paris, and continued to be his
friend during life. He resided at Oxford during a
great part of 1497 ; and having returned to Paris in
1498, spent the latter portion of the same year at the
university of Oxford, where he again had an oppor-
tunity of pouring his zeal for Greek study into the
mind of More. Their friendship, though formed at
an age of considerable disparity, — Erasmus being then
thirty and More only seventeen, — lasted throughout
the whole of their lives. Erasmus had acquired only
the rudiments of Greek at the age most suited to the
acquisition of languages, and was now completing his
knowledge on that subject at a period of mature man-
hood, which he jestingly compares with the age at
which the elder Cato commenced his Grecian studies. f
* For Latimer, see Dodd, Church History, vol. i. p. 219. : for
Grocyn, Ibid. p. 227. : for Colet and Linacre, all biographical
compilations.
f " Delibavimus et olim has literas, sed summis duntaxat
labiis; at nuper paulo altius ingressi, videmus id quod ssepenu-
mero apud gravissimos auctores legimus, — Latinam eruditionem,
quamvis impendiosam, citra Graicismum inancam esse ac dimi-
diatam. Apud nos enim rivuli vix quidam sunt, et lacunuke
lutulentge ; apud illos fontes purissimi et flumina aurum volven-
tia."— Opera, Lug. Bat. 1703, vol. iii. p. 63.
LIFE OF SIR THOMAS MORE. 401
Though Erasmus himself seems to have been much
excited towards Greek learning by the example of the
English scholars, yet the cultivation of classical lite-
rature was then so small a part of the employment or
amusement of life, that "William Latimer, one of the
most eminent of these scholars, to whom Erasmus
applied for aid in his edition of the Greek Testament,
declared that he had not read a page of Greek or
Latin for nine years *, that he had almost forgotten
his ancient literature, and that Greek books were
scarcely procurable in England. Sir John More, in-
flexibly adhering to the old education, and dreading
that the allurements of literature might seduce his
son from law, discouraged the pursuit of Greek, and
at the same time reduced the allowance of Thomas to
the level of the most frugal life; — a parsimony for
which the son was afterwards, though not then, thank-
ful, as having taught him good husbandry, and pre-
served him from dissipation.
At the university, or soon after leaving it, young
More composed the greater part of his English verses;
which are not such as, from their intrinsic merit, in a
more advanced state of our language and literature,
would be deserving of particular attention. But as
the poems of a contemporary of Skelton, they may
merit more consideration. Our language was still
neglected, or confined chiefly to the vulgar u.-es of
life. Its force, its compass, and its capacity of har-
mony, were untried : for though Chaucer had shone
brightly for a season, the century which followed was
dark and wintry. No master genius had impregnated
the nation with poetical sensibility. In these inau-
spicious circumstances, the composition of poems,
especially if they manifest a sense of harmony, and
some adaptation of the sound to the subject, indicates
a delight in poetry, and a proneness to that beautiful
art, which in such an age is a more than ordinary
• Ibid. vol. iii. p. 293.
VOL. L D D K
402 LIFE OF SLR THOMAS MOEE.
token of a capacity for it. The experience of ail ages,
however it may be accounted for, shows that the mind,
when melted into tenderness, or exalted by the con-
templation of grandeur, vents its feelings in language
suited to a state of excitement, and delights in distin-
guishing its diction from common speech by some
species of measure and modulation, which combines
the gratification of the ear with that of the fancy and
the heart. The secret connection between a poetical
ear and a poetical soul is touched by the most sublime
of poets, who consoled himself in his blindness by the
remembrance of those who, under the like calamity,
Feed on thoughts that voluntary move
Harmonious numbers.
We may be excused for throwing a glance over the
compositions of a writer, who is represented a cen-
tury after his death, by Ben Jon son, as one of the
models of English literature. More's poem on the
death of Elizabeth, the wife of Henry VIL, and his
merry jest How a Serjeant would play the Friar, may
be considered as fair samples of his pensive and
sportive vein. The superiority of the latter shows his
natural disposition to pleasantry. There is a sort of
dancing mirth in the metre which seems to warrant
the observation above hazarded, that in a rude period
the structure of verse may be regarded as some pre-
sumption of a genius for poetry. In a refined age,
indeed, all the circumstances are different : the frame-
work of metrical composition is known to all the
world ; it may be taught by rule, and acquired mecha-
nically ; the greatest facility of versification may exist
without a spark of genius. Even then, however, the
secrets of the art of versification are chiefly revealed
to a chosen few by their poetical sensibility ; so that
suflS^cient remains of the original tie still continue to
attest its primitive origin. It is remarkable, that the
most poetical of the poems is written in Latin : it is a
poem addressed to a lady, with whom he had been in
LIFE OF SIR THOMAS MORE. 403
love when he was sixteen years old, and she fourteen ;
and it turns chiefly on the pleasing reflection that his
affectionate remembrance restored to her the beauty,
of which twenty-five years seemed to others to have
robbed her.*
When More had completed his time at Oxford, he
applied himself to the study of the law, which was to
be the occupation of his life. He first studied at
New Inn, and afterwards at Lincoln's Inn.f The
societies of lawyers having purchased some inns, or
noblemen's residences, in London, were hence called
" inns of court." It was not then a metaphor to call
them an university ; they had professors of law ; they
conferred the characters of barrister and Serjeant,
analogous to the degrees of bachelor, master, and
doctor, bestowed by the universities ; and every man,
before he became a barrister, was subjected to exa-
mination, and obliged to defend a thesis. More was
appointed reader at Furnival's Inn, where he delivered
lectures for three years. The English law had already
grown into a science, formed by a process of generali-
sation from usages and decisions, with less help from
the Roman law than the jurisprudence of any other
country, though not with that total independence of
it which English lawyers in former times considered
as a subject of boast: it was rather formed as the
law of Rome itself had been formed, than adopted
from that noble system. When More began to lec-
ture on English law, it was by no means in a disor-
derly and neglected state. The ecclesiastical lawyers,
whose arguments and determinations were its earliest
materials, were well prepared, by the logic and phi-
* " Gratulatur quod earn repererit incolumcm quam olim
ferme pucr aniaverat." — Not. in Poem. It does not seem recon-
cilable with dates, that his lady could have been the younger
sister of Jane Colt. Vide infra.
f Inu was successively applied, like the French word hotel,
first to the town mansion of a great man, and aftciwai'ds to a
house where all mankiiid were cntertaiued for money.
DU 2
404 LIFE OF SIR THOMAS MORE,
losopliy of their masters the Schoolmen, for those
exact and even subtle distinctions which the precision
of the rules of jurisprudence eminently required. In
the reigns of the Lancastrian princes, Littleton had
reduced the law to an elementary treatise, distin-
guished by a clear method and an elegant conciseness.
Fortescue had during the same time compared the
governments of England and France with the eye of
a philosophical observer. Brooke and Fitzherbert had
compiled digests of the law, which they called (it
might be thought, from their size, ironically) " Abridg-
ments." The latter composed a treatise, still very
curious, on " writs ; " that is, on those commands (for-
mally from the king) which constitute essential parts
of every legal proceeding. Other writings on juris-
prudence occupied the printing-presses of London in
the earliest stage* of their existence. More delivered
lectures also at St. Lawrence's church in the Old
Jewry, on the work of St. Augustine, De Civitate
Dei, that is, on the divine government of the moral
world ; which must seem to readers who look at an-
cient times through modern habits, a very singular
occupation for a young lawyer. But the clergy were
then the chief depositaries of knowledge, and were the
sole canonists and civilians, as they had once been the
only lawyers.f Religion, morals, and law, were then
taught together without due distinction between them,
to the injury and confusion of them all. To these
lectures, we are told by the affectionate biographer,
" there resorted Doctor Grocyn, an excellent cunning
man, and all the chief learned of the city of Lon-
don." J More, in his lectures, however, did not so
much discuss " the points of divinity as the precepts
of moral philosophy and history, wherewith these
books are replenished." § The effect of the deep study
* Doctor and Student (by St. Germain) and Diversite des
Courtcs were both printed by Rastell in 1534.
f Nullus causidicus nisi cleric us,
X Roper, p. 5. § More, p. 44.
LIFE OF Sm THOMAS MORE. 405
of the first was, perhaps, however, to embitter his
polemical writings, and somewhat to sour that natu-
rally sweet temper, which was so deeply felt by his
companions, that Erasmus scarcely ever concludes a
letter to him without epithets more indicative of the
most tender affection than of the calm feelings of
friendship.*
The tenderness of More's nature combined with the
instructions and habits of his education to predispose
him to piety. As he lived in the neighbourhood of
the great Carthusian monastery, called the " Charter-
house," for some years, he manifested a predilection
for monastic life, and is said to have practised some
of those austerities and self-inflictions which prevail
among the gloomier and sterner orders. A pure
mind in that age often sought to extinguish some of
the inferior impulses of human nature, instead of
employing them for their appointed jourpose, — that
of animating the domestic affections, and sweetening
the most important duties of life. He soon learnt,
however, by self-examination, his unfitness for the
priesthood, and relinquished his project of taking
orders, in words which should have warned his church
against the imposition of unnatural self-denial on vast
multitudes and successive generations of men. f
The same affectionate disposition which had driven
him towards the visions, and, strange as it may seem,
to the austerities of the monks, now sought a more
natural channel. "He resorted to the house of one
INIaister Colt, a gentleman of Essex, who had often in-
vited him thither ; having three daughters, whose
honest conversation and virtuous education provoked
him there especially to set his affection. And albeit
liis mind most served him to the second daughter, for
that he thought her the fairest and best favoured, yet
* " Suavissime More." " Charissime More." " Mcllitissiuie
More."
f " Maluit maritus esse castas quam sacerdos iinpuriLj." —
Erasmus, Op. vol. iiL p. 475.
SD 3
406 LIFE OF SIR THOMAS MORE.
when he considered that it would be both great grief,
and some shame also, to the eldest, to see her younger
sister preferred before her in marriage, he then of a
certain pity framed his fancy toward her, and soon
after married her, neverthemore discontinuing his
study of the law at Lincoln's Inn."* His more
remote descendant adds, that Mr. Colt "proffered
unto him the choice of any of his daughters ; and that
More, out of a kind of compassion, settled his fancy
on the eldest."! Erasmus gives a turn to More's
marriage with Jane Colt, which is too ingenious to be
probable : — " He wedded a very young girl of respect-
able family, but who had hitherto lived in the country
with her parents and sisters, and was so uneducated,
that he could mould her to his own tastes and man-
ners. He caused her to be instructed in letters ; and
she became a very skilful musician, which peculiarly
pleased him." J
The plain matter of fact seems to have been, that
in an age when marriage chiefly depended upon a
•bargain between parents, on which sons were little
consulted, and daughters not at all, More, emerging
at twenty-one from the toil of acquiring Greek, and
the voluntary self-torture of Carthusian mystics, was
delighted at his first entry among pleasing young
women, of whom the least attractive might, in these
circumstances, have touched him ; and that his slight
preference for the second easily yielded to a good-
natured reluctance to mortify the elder. Most young
ladies in Essex, in the beginning of the sixteenth
century, must have required some tuition to appear in
London among scholars and courtiers, who were at that
time more mingled than it is now usual for them to
be. It is impossible to ascertain the precise shade of
feeling which the biographers intended to denote by
the words " pity " and " compassion," for the use of
* Eoper, p. 6. f More, p. 30.
J Erasmus, Op. vol. iii. p. 475.
LIFE OF SIR THOMAS MORE. 407
s
which they are charged with a want of gallantry or
delicacy by modern writers ; although neither of these
terms, when the context is at the same time read,
seems unhappily employed to signify the natural re-
finement, which shrinks from humbling the harmless
self-complacency of an innocent girl.
The marriage proved so happy, that nothing was to
be regretted in it but the shortness of the union, in
consequence of the early death of Jane Colt, who left
a son and three daughters; of whom Margaret, the
eldest, inherited the features, the form, and the genius
of her father, and requited his fond partiality by a
daughterly love, which endured to the end.
Li no long time * after the death of Jane Colt, he
married Alice Middleton, a widow, seven years older
than himself, and not handsome; — rather, for the
care of his family, and the management of his house,
than as a companion and a friend. He treated her,
and indeed all females, except his daughter Margaret,
as better qualified to relish a jest, than to take a part
in more serious conversation ; and in their presence
gave an unbounded scope to his natural inclination
towards pleasantry. He even indulged himself in a
Latin play of words on her want of youth and beauty,
calling her "nee bella nee puella."f " She was of
"good years, of no good favour or complexion, nor
" very rich, and by disposition near and worldly. It
" was reported that he wooed her for a friend of his ;
"but she answering that he might speed if he spoke
" for himself, he married her Avitli the consent of his
" friend, yielding to her that which perhaps he never
" would have done of his own accord. Indeed, her
" favour could not have bewitched, or scarce moved,
"any man to love her; but yet she proved a kind
" and careful mother-in-law to his children." Erasmus,
• " In a few months," savs Erasmus, Op. vol. iii. p. 475.: —
" within two or three years," according to his great grandson. —
More, p. 32.
f Erasmus, vol. iii. p. 475.
D D 4
408 LIFE OF SIR THOMAS MOEE.
who was often an inmate in the family, speaks of her
as " a keen and watchful manager, with whom More
"lived on terms of as much respect and kindness as
" if she had been fair and young." Such is the happy
power of a loving disposition, which overflows on
companions, though their attractions or deserts should
be slender. " No husband," continues Erasmus, "ever
gained so much obedience from a wife by authority
and severity, as More won by gentleness and plea-
santry. Though verging on old age, and not of a
yielding temper, he prevailed on her to take lessons
on the lute, the cithara, the viol, the monochord,
and the flute, which she daily practised to him.
With the same gentleness he ruled his whole family,
so that it was without broils or quarrels. He com-
posed all differences, and never parted with any one
on terms of unkindness. The house was fated to
the peculiar felicity that those who dwelt in it were
always raised to a higher fortune ; and that no spot
ever fell on the good name of its happy inhabit-
ants." The course of More's domestic life is minutely
described by eye-witnesses. " His custom was daily
(besides his private prayers with his children) to
say the seven psalms, the litany, and the suffrages
following ; so was his guise with his wife, children,
and household, nightly before he went to bed, to
go to his chapel, and there on his knees ordinarily
to say certain psalms and collects with them."*
With him," says Erasmus, "you might imagine
yourself in the academy of Plato. But I should do
injustice to his house by comparing it to the academy
of Plato, where numbers, and geometrical figures,
and sometimes moral virtues, were the subjects of
discussion ; it would be more just to call it a school
and exercise of the Christian religion. All its
inhabitants, male or female, applied their leisure to
liberal studies and profitable reading, although
* Koper, p. 25.
LIFE OF SIR THOMAS MORE. 409
" piety was their first care. No -v\Tangling, no angry
" word, was heard in it ; no one was idle : every one
" did his duty with alacrity, and not without a tem-
*' perate cheerfulness." * Erasmus had not the sen-
sibility of More ; he was more prone to smile than
to sigh at the concerns of men : but he was touched
by the remembrance of these domestic solemnities in
the household of his friend. He manifests an agreeable
emotion at the recollection of these scenes in daily
life, which tended to hallow the natural authority of
parents to bestow a sort of dignity on humble occupa-
tions, to raise menial offices to the rank of virtues, and
to spread peace and cultivate kindness among those
who had shared and were soon again to share, the
same modest rites, in gently breathing around them
a spirit of meek equality, which rather humbled the
pride of the great than disquieted the spirits of the
lowly. More himself justly speaks of the hourly
interchange of the smaller acts of kindness which
flow from the charities of domestic life, as having a
claim on his time as strong as the occupations which
seemed to others so much more serious and important.
" While," says he, " in pleading, in hearing, in de-
ciding causes or composing differences, in waiting on
some men about business, and on others out of re-
spect, the greatest part of the day is spent on other
men's affairs, the remainder of it must be given to
my family at home ; so that I can reserve no part of
it to myself, that is, to study. I must talk with toy
wife, and chat with my children, and I have some-
what to say to my servants ; for all these things I
reckon as a part of my business, except a man will
resolve to be a stranger at home ; and with whom-
soever either nature, chance, or choice, has engaged a
man in any commerce, he must endeavour to make
himself as acceptable to those about him as he can." f
* Op. vol. iii. p. 1812.
t Dedication of Utopia to Peter Giles, (Buraet's translation,)
1684.
410 LIFE OF SIR THOMAS MORE.
His occupations now necessarily employed a large
portion of his time. His professional practice be-
came so considerable, that about the accession of
Plenry VHL, in 1509, with his legal office in the city
of London, it produced 400Z. a year, probably equiva-
lent to an annual income of 50001. in the present day.
Though it be not easy to determine the exact period
of the occurrences of his life, from his establishment
in London to his acceptance of political office, the
beginning of Henry VHL's reign may be considered
as the time of his highest eminence at the bar. About
this time a ship belonging to the Pope, or claimed by
his Holiness on behalf of some of his subjects, happened
to come to Southampton, where she was seized as a
forfeiture, — probably as what is called a droit of the
crown, or a droit of the admiralty, — though under
what circumstances, or on what grounds we know not.
The papal minister made suit to the King that the
case might be argued for the Pope by learned counsel
in a public place, and in presence of the minister him-
self, who was a distinguished civilian. None was
found so well qualified to be of counsel for him as
More, who could report in Latin all the arguments to
his client, and who argued so learnedly on the Pope's
side, that he succeeded in obtaining an order for the
restitution of the vessel detained.
It has been already intimated, that about the same
time he had been appointed to a judicial office in the
city of London, which is described by his son-in-law
as " that of one of the under-sheriffs." Roper, who
was himself for many years an officer of the court of
King's Bench, gives the name of the office correctly ;
but does not describe its nature and importance so
truly as Erasmus, who tells his correspondent that
More passed several years in the city of London as a
judge in civil causes. " This office," he says, "though
not laborious, for the court sits only on the forenoon
of every Thursday, is accounted very honourable.
No judge of that court ever went through more causes;
LIFE OF SIR THOMAS MORE. 411
none decided them more uprightly ; often remitting
the fees to which he was entitled from the suitors.
His deportment in this capacity endeared him ex-
tremely to his fellow-citizens."* The under-sheriff
was then apparently judge of the sheriff's court, which,
being tlie county court for London and Middlesex,
was, at that time, a station of honour and advantage.f
For the county courts in general, and indeed all the
ancient subordinate jurisdictions of the common law,
had not yet been superseded by that concentration of
authority in the hands of the superior courts at West-
minster, which contributed indeed to the purity and
dignity of the judicial character, as well as to the
uniformity and the improvement of the administration
of law, — but which cannot be said to have served in
the same degree to promote a speedy and cheap redress
of the wrongs suffered by those suitors to wliom cost
and delay are most grievous. More's office, in that
state of the jurisdiction, might therefore have possessed
the importance which his contemporaries ascribed to
it ; ahhough the denomination of it would not make
such an impression on modern ears. It is apparent,
that either as a considerable source of his income, or
as an honourable token of public confidence, this office
was valued by More ; since he informs Erasmus, in
1516, that he had declined a handsome pension offered
to him by the king on his return from Flanders, and
that he believed he should always decline it ; because
either it would oblige him to resign his office in the
city, which he preferred to a better, or if he retained
it, in case of a controversy of the city with the king
for their privileges, he might be deemed by his fellow-
citizens to be disabled by dependence on the crown
from sincerely and faithfully maintaining their rights.if
This last reasoning is also interesting, as the first in-
* Erasmus, Op. vol. ill. p. 476.
t " In urbe sua pro shvrevo dixit." — Epitaph.
j Erasmus, Op. rol. iii. p. 220.
412 LIFE OF SIR THOIMAS MORE;
timation of the necessity of a city law-officer being
independent of the crown, and of the legal resistance
of the corporation of London to a Tudor king. It
paved the way for those happier times in which the
great city had the honour to number the Holts and
the Denmans among her legal advisers.*
More is the first person in our history distinguished
by the faculty of public speaking. A remarkable
occasion on which it w^as successfully employed in
parliament against a lavish grant of money to the
crown is thus recorded by his son-in-law as follows : —
" In the latter time of king Henry VII. he was made
a burgess of the parliament, wherein was demanded
by the king about three -fifteenths for the marriage of
his eldest daughter, that then should be the Scottish
queen. At the last debating whereof he made such
arguments and reasons there against, that the king's
demands were thereby clean overthrown ; so that one
of the king's privy chamber, named maister Tyler,
being present thereat, brought word to the king out
of the parliament house, that a beardless boy had dis-
appointed all his purpose. Whereupon the king, con-
ceiving great indignation towards him, could not be
satisfied until he had some way revenged it. And
forasmuch as he, nothing having, could nothing lose,
* From communications obtained for me from the records of
the City, I am enabled to ascertain some particulars of the nature
of More's appointment, which have occasioned a difference of
opinion. On the 8th of May, 1514, it was agreed by the com-
mon council, " that, Thomas More, gentleman, one of the under-
sheriffs of London, should occupy his office and chamber by a
sufficient deputy, during his absence as the king's ambassador
in Flanders." It appears from several entries in the same re-
cords, from 1496 to 1502 inclusive, that the under-sheriff was
annually elected, or rather confirmed ; for the practice was not
to remove him without his own application or some serious fault.
For six years of Henry's reign, Edward Dudley was one of the
under-sheriffs ; a circumstance which renders the superior im-
portance of the office at that time probable. Thomas Marowe,
the author of works on law esteemed in his time, though not
pubHshed, appears also in the above records as under-sheriff.
J
LIFE OF SIR THOMAS MORE. 413
his grace devised a causeless quarrel against his
father ; keeping him in the Tower till he had made
him to pay 100/. fine," (probably on a charge of having
infringed some obsolete penal law). " Shortly after,
it fortuned that Sir T. More, coming in a suit to
Dr. Fox, bishop of Winchester, one of the king's
privy council, the bishop called him aside, and, pre-
tending great favour towards him, promised that if
he would be ruled by him he would not fail into the
king's favour again to restore him ; meaning, as it
was afterwards conjectured, to cause him thereby to
confess his offences against the king, whereby his
highness might, with the better colour, have occasion
to revenge his displeasure against him. But when he
came from the bishop he fell into communication with
one maister Whitforde, his familiar friend, then chap-
lain to that bishop, and showed him what the bishop
had said, praying for his advice. Whitforde prayed
him by the passion of God not to follow the counsel ;
for my lord, to serve the king's turn, will not stick to
asrree to his own father's death. So Sir Thomas More
returned to the bishop no more ; and had not the king
died soon after, he was determined to have gone over
sea." * That the advice of Whitforde was wise, ap-
peared from a circumstance which occurred nearly
ten years after, which exhibits a new feature in the
character of the King and of his bishops. When
Dudley was sacrificed to popular resentment, under
Henry VIII., and when he was on his way to execu-
tion, he met Sir Thomas, to whom he said, — "Oh
More, More ! God was your good friend, that you did
not ask the king forgiveness, as manie would have had
you do ; for if you had done so, perhaps you should
have been in the like case with us nowT \
* Roper, p. 7. There seems to be some forgctfulness of dates
in the latter part of this passage, whicli has been copied by suc-
ceeding writers. Margaret, it is well known, was married in
1503; the debate was not, therefore, later than that year: but
Henry VII. lived till 1509.
\ More, p. 38.
414 LIFE OF SIR THOMAS MORE.
It was natural that the restorer of political elo-
quence, which had slumbered for a long series of
ages * , should also be the earliest of the parliamentary
champions of liberty. But it is lamentable that we have
so little information respecting the oratorical powers
which alone could have armed him for the noble
conflict. He may be said to hold the same station
among us, which is assigned by Cicero, in his dialogue
On the Celebrated Orators of Rome, to Cato the cen-
sor, whose consulship was only about ninety years prior
to his own. His answer, as Speaker of the House of
Commons, to Wolsey, of which more will be said pre-
sently, is admirable for its promptitude, quickness,
seasonableness, and caution, combined with dignity
and spirit. It unites presence of mind and adaptation
to the person and circumstances, with address and
management seldom surpassed. If the tone be more
submissive than suits modern ears, it is yet remark-
able for that ingenious refinement which for an instant
shows a glimpse of the sword generally hidden under
robes of state. " His eloquent tongue," says Erasmus,
" so well seconds his fertile invention, that no one
speaks better when suddenly called forth. His atten-
tion never languishes ; his mind is always before his
words; his memory has all its stock so turned into
ready money, that without hesitation or delay, it
gives out whatever the time and the case may require.
His acuteness in dispute is unrivalled, and he often
perplexes the most renowned theologians when he
enters their province." f Though much of this en-
comium may be applicable rather to private con-
versation than to public debate, and though this
presence of mind may refer altogether to promptitude
of repartee, and comparatively little to that readiness
of reply, of which his experience must have been
* " Postquam pugnatum est apud Actium, magna ilia ingenia
cessere," — Tacitus, Hist. lib. i. cap. 1.
f Erasmus, Op. vol. iii. p. 476.
LIFE OF SIR THOMAS MORE. 415
limited; it is still obvious that the great critic has
ascribed to his friend the higher part of those mental
qualities, which, when justly balanced and perfectly-
trained, constitute a great orator.
As if it had been the lot of More to open all the
paths through the wilds of our old English speech, he
is to be considered also as our earliest prose writer,
and as the first Englishman who wrote the history of
his country in its present language. The historical
fragment* commands belief by simplicity, and by
abstinence from too confident affirmation. It betrays
some negligence about minute particulars, which is
not displeasing as a symptom of the absence of eager-
ness to enforce a narrative. The composition has an
ease and a rotundity (which gratify the ear without
awakening the suspicion of art) of which there was
no model in any preceding writer of Enslish prose.
In comparing the prose of More with the modern
style, we must distinguish the words from the compo-
sition. A very small part of his vocabulary has been
superannuated; the number of terms which require
any explanation is inconsiderable : and in that respect
the stability of the language is remarkable. He is,
indeed, in his words, more English than the great
writers of a century after him, who loaded their
native tongue with expressions of Greek or Latin de-
rivation. Cicero, speaking of "old Cato," seems almost
to describe More. " His style is rather antiquated ;
he has some words displeasing to our ears, but which
were then in familiar use. Change those terms, which
he could not, you will then prefer no speaker to Cato."f
But in the combination and arrangement of words,
in ordinary phraseology and common habits of com-
position, he differs more widely from the style that has
now been prevalent among us for nearly two centuries.
His diction seems a continued experiment to discover
the forms into which the language naturally runs.
• History- of Richard III. t Dc Clar. Orat. cap. 17.
416 LIFE OF SIR THOMAS MORE.
In that attempt he has frequently foiled. Fortunate
accident, or more varied experiment in aftertimes, led
to the adoption of other combinations, which could
scarcely have succeeded, if they had not been more
consonant to the spirit of the language, and more
agreeable to the ear and the feelings of the people.
The structure of his sentences is frequently not that
which the English language has finally adopted : the
language of his countrymen has decided, without ap-
peal, against the composition of the father of English
prose.
The speeches contained in his fragment, like many
of those in the ancient historians, were probably sub-
stantially real, but brightened by ornament, and im-
proved in composition. It could, indeed, scarcely be
otherwise: for the history was written in 1513*, and
the death of Edward IV., with which it opens, oc-
curred in 1483; while Cardinal Morton, who became
prime minister two years after that event, appears to
have taken young More into his household about the
year 1493. There is, therefore, little scope, in so short
a time, for much falsification, by tradition, of the argu-
ments and topics really employed. These speeches have
the merit of being accommodated to the circumstances,
and of being of a tendency to dispose those to whom
they were addressed to promote the object of the
speaker ; and this merit, rare in similar compositions,
shows that More had been taught, by the practice of
speaking in contests where objects the most important
are the prize of the victor, that eloquence is the art of
persuasion, and that the end of the orator is not the dis-
* Holinshed, vol. iii. p. 360. Holinshed called More's work
" unfinished." That it was meant to extend to the death of
Richard III. seems probable from the following sentence : —
" But, forasmuch as tliis duke's (the Duke of Gloucester) de-
meanour ministereth in effect all the whole matter whereof this
book shall entreat, it is therefore convenient to show you, as we
farther go, what manner of man this was that could find in his
heart such mischief to conceive." — p. 361.
LIFE OF SIR TH03IAS MORE. 417
play of his talents, but dominion over the minds of his
hearers. The dying speech, in which Edward exhorts
the two parties of his friends to harmony, is a grave
appeal to their prudence, as well as an affecting ad-
dress from a father and a king to their public feelings.
The surmises thrown out by Richard against the
Widvilles are short, dark, and well adapted to awaken
suspicion and alarm. The insinuations against the
Queen, and the threats of danger to the lords them-
selves from leaving the person of the Duke of York in
the hands of that princess, in Richard's speech to the
Privy Council, before the Archbishop of York was
sent to Westminster to demand the surrender of tlie
boy, are admirable specimens of the address and art
of crafty ambition. Generally speaking, the speeclies
have little of the vague common-place of rhetoricians
and declaimers ; and time is not wasted in parade.
In the case, indeed, of the dispute between the Arcli-
bishop and the Queen, about taking the Duke of York
out of his mother's care, and from the Sanctuary at
Westminster, there is more ingenious argument than
the scene allows ; and the mind rejects logical refine-
ments, of which the use, on such an occasion, is quite
irreconcileable to dramatic verisimilitude. The Duke
of Buckingham alleged in council, that sanctuary could
be claimed only against danger; and that the royal in-
fant had neither wisdom to desire sanctuary, nor the ma-
licious intention in his acts without which he could not
require it. To this notable paradox, which amounted
to an affirmation that no certainly innocent person
could ever claim protection from a sanctuary, when
it was carried to the Queen, she answered readily, that
if she could be in sanctuary, it followed that her child,
who was her ward, was included in her protection, as
much as her servants, who were, without contradic-
tion, allowed to be.
The Latin epigrams of More, a small volume which
it required two years to carry through the press at
Basle, are mostly translations from the Anthologia,
VOL. I. E E
418 LIFE OF SIR THOMAS MORE.
which were rather made known to Europe by the fame
of the writer, than calculated to increase it. They
contain, howe«7er, some decisive proofs that he always
entertained the opinions respecting the dependence
of all government on the consent of the people, to
which he professed his adherence almost in his dying
moments. Latin versification was not in that early
period successfully attempted in any Transalpine
country. The rules of prosody, or at least the laws of
metrical composition, were not yet sufficiently studied
for such attempts. His Latinity was of the same
school with that of his friend Erasmus ; which was,
indeed, common to the first generation of scholars after
the revival of classical study. Finding Latin a sort
of general language employed by men of letters in
their conversation and correspondence, they continued
the use of it in the mixed and corrupted state to which
such an application had necessarily reduced it : they
began, indeed, to purify it from some grosser cor-
ruptions; but they built their style upon the found-
ation of this colloquial dialect, with no rigorous obser-
vation of the good usage of the Roman language.
Writings of business, of pleasantry, of familiar inter-
course, could never have been composed in pure
Latinity ; which was still more inconsistent with new
manners, institutions, and opinions, and with dis-
coveries and inventions added to those which were
transmitted by antiquity. Erasmus, who is the master
and model of this system of composition, admirably
shows how much had been gained by loosening the
fetters of a dead speech, and acquiring in its stead the
nature, ease, variety, and vivacity of a spoken and
living tongue. The course of circumstances, however,
determined that this language should not subsist, or at
least flourish, for much more than a century. It was
assailed on one side by the purely classical, whom
Erasmus, in derision, calls " Ciceronians ; " and when
it was sufficiently emasculated by dread of their cen-
sure, it was finally overwhelmed by the rise of a
national literature in every European language.
LIFE OF Sm THOilAS MORE.
419
More exemplified the abundance and flexibility of
the Erasmian Latinitj in Utopia, with which this short
view of all his writings, except those of controversy,
may be fitly concluded. The idea of the work had
been suggested by some of the dialogues of Plato, who
speaks of vast territories, formerly cultivated and
peopled, but afterwards, by some convulsion of nature,
covered by the Atlantic Ocean. These Egyptian tra-
ditions, or legends, harmonised admirably with that
discovery of a new continent by Columbus, which had
roused the admiration of Europe about twenty years
before the composition of Utopia. This was the name
of an island feigned to have been discovered by a sup-
posed companion of Amerigo Vespucci, who is made
to tell the wondrous tale of its condition to More, at
Antwerp, in 1514 : and in it was the seat of the Pla-
tonic conception of an imaginary commonwealth. All
the names which he invented for men or places* were
intimations of their being unreal, and were, perhaps,
by treating with raillery his own notions, intended to
silence gainsayers. The first book, which is pre-
liminary, is naturally and ingeniously opened by a
conversation, in which Raphael Hythloday, the Utopian
traveller, describes his visit to England ; where, as
much as in other countries, he found all proposals for
improvement encountered by the remark, that, — "Such
* The following specimen of Utopian etymologies may amuse
some readers : —
Utopia
OUTC^TTOS
- nowhere.
Achorians -
a-xH^poi
- of no country.
Ademians -
a-5riiJ.os
- of no people.
Tlie invisible
Anydcr (a river)
a-vSwp
- waterless.
city is on
Amaurot (a city)
a-fxavpos -
- dark.
the river
waterless.
Hythloday
Sai(i)-vd\os
- a learner o
r trifles, &c.
Some are intentionally unmeaning, and others are taken from
little known language in order to perplex pedants. Josc])h Sca-
liger represents Utopia as a word not formed according to the
analogy which regulates the formation of Greek words.
£ £ 2
420 LIFE OF SIR THOMAS MORE.
things pleased our ancestors, and it were well for us if
we could but match them ; as if it were a great mis-
chief that any should be found wiser than his ances-
tors." "I met," he goes on to say, "these proud,
morose, and absurd judgments, particularly once when
dining with Cardinal Morton at London." "There
happened to be at table an English lawyer, who run
out into high commendation of the severe execution
of justice upon thieves, who were then hanged so fast
that there were sometimes twenty hanging upon one
gibbet, and added, ' that he could not wonder enough
how it came to pass that there were so many thieves
left robbing in all places.'" Raphael answered, "that
it was because the punishment of death was neither
just in itself, nor good for the public ; for as the
severity was too great, so the remedy was not effectual.
You, as well as other nations, like bad schoolmasters,
chastise their scholars because they have not the skill
to teach them." Raphael afterwards more specially
ascribed the gangs of banditti who, after the sup-
pression of Perkin Warbeck's Cornish revolt, infested
England, to two causes ; of which the first was the
frequent disbanding of the idle and armed retainers
of the nobles, who, when from necessity let loose from
their masters, were too proud for industry, and had no
resource but rapine ; and the second was the con-
version of much corn field into pasture for sheep,
because the latter had become more profitable, — by
which base motives many landholders were tempted
to expel their tenants and destroy the food of man.
Raphael suggested the substitution of hard labour for
death ; for which he quoted the example of the Ro-
mans, and of an imaginary community in Persia.
" The lawyer answered, ' that it could never be so
settled in England, without endangering the whole
nation by it :' he shook his head, and made some gri-
maces, and then held his peace, and all the company
seemed to be of his mind. But the cardinal said, ' It
is not easy to say whether this plan would succeed or
LIFE OF SIR THO^LIS MORE. 421
not, since no trial lias been made of it ; but it mipfht
be tried on thieves condemned to death, and adopted
if found to answer ; and vagabonds might be treated
in the same way.' When the cardinal had said this,
they all fell to commend the motion, though they had
despised it when it came from me. They more par-
ticularly commended that concerning the ragabonds,
because it had been added by him."*
From some parts of the above extracts it is appa-
rent that More, instead of having anticipated the eco-
nomical doctrines of Adam Smith, as some modern
writers have fancied, was thoroughly imbued with the
prejudices of his contemporaries against the inclosure
of commons, and the extension of pasture. It is,
however, observable, that he is perfectly consistent
with himself, and follows his principles through all
their legitimate consequences, though they may end
in doctrines of very startling sound. Considering
separate property as always productive of unequal
distribution of the fruits of labour, and regarding that
inequality of fortune as the source of bodily suffering
to those who labour, and of mental depravation to
those who are not compelled to toil for subsistence,
Hythloday is made to say, that " as long as there is
any property, and while money is the standard of all
other things, he cannot expect tliat a nation can be
governed either justly or happily." f More himself
objects to Hythloday : " It seems to me that men
cannot live conveniently where all things arc common.
How can there bo any plenty where every man will
excuse himself from labouring ? for as the hope of gain
doth not excite him, so the confidence that he has in
other men's industry may make him slothful. And if
people come to be pinched with want, and yet cannot
dispose of any thing as their own, what can follow but
• Burnet's translation, p. 13., et seq.
•f Ibid. p. 57. Happening to write where I have no access to
the original, I use Burnet's translation. There can be no doubt
of Burnet's learning or fidelity.
£ E 3
422 LIFE OF SIR THOMAS MORE.
perpetual sedition and bloodshed ; especially when the
reverence and authority due to magistrates fall to the
ground ; for I cannot imagine how they can be kept
up among those that are in all things equal to one
another." These remarks do in reality contain the
germs of unanswerable objections to all those projects
of a community of goods, which suppose the moral
character of the majority of mankind to continue, at
the moment of their adoption, such as it has been
heretofore in the most favourable instances. If, in-
deed, it be proposed only on the supposition, that by
the influence of laws, or by the agency of any other
cause, mankind in general are rendered more honest,
more benevolent, more disinterested than they have
hitherto been, it is evident that they will, in the same
proportion, approach to a practice more near the prin-
ciple of an equality and a community of all advan-
tages. The hints of an answer to Plato, thrown out
by More, are so decisive, that it is not easy to see how
he left this speck on his romance, unless we may be
allowed to suspect that the speculation was in part
suggested as a convenient cover for that biting satire
on the sordid and rapacious government of Henry
VIL, which occupies a considerable portion of Plyth-
loday's first discourse. It may also be supposed that
More, not anxious to save visionary reformers from a
few light blows in an attack aimed at corrupt and
tyrannical statesmen, thinks it suitable to his imagin-
ary personage, and conducive to the liveliness of his
fiction, to represent the traveller in Utopia as touched
by one of the most alluring and delusive of political
chimeras.
In Utopia, farm-houses were built over the whole
country, to which inhabitants were sent in rotation
from the fifty-four cities. Every family had forty
men and women, besides two slaves ; a master and
mistress preside over every family ; and over thirty
families a magistrate. Every year twenty of the
family return to town, being two years in the coun-
LIFE OF Sm THOMAS MORE. 423
try ; so that all acquire some knowledge of agricul-
ture, and the land is never left in the hands of persons
quite unacquainted with country labours. When they
want any thing in the country which it doth not pro-
duce, they fetch it from the city without carrying any
thing in exchange: the magistrates take care to see it
given to them. The people of the towns carry their
commodities to the market place, Avhere they are taken
away by those who need them. The chief business of
the magistrates is to take care that no man may live
idle, and that every one should labour in his trade for
six hours of every twenty-four ; — a portion of time,
which, according to Hythloday, Avas sufficient for an
abundant supply of all the necessaries and moderate
accommodations of the community ; and which is not
inadequate where all labour, and none apply extreme
labour to the production of superfluities to gratify a
few, — where there are no idle priests or idle rich
men, — and where women of all sorts perform their
light allotment of labour. To women all domestic
offices which did not degrade or displease were as-
signed. Unhappily, however, the iniquitous and un-
righteous expedient was devised, of releasing the better
order of females from offiensive and noisome occupa-
tions, by throwing them upon slaves. Their citizens
were forbidden to be butchers, " because they think
that pity and good nature, which are among the best
of those affi^ctions that are born within us, are much
impaired by the butchering of animals;" — a striking
representation, indeed, of the depraving eflects of
cruelty to animals, but abused for the iniquitous and
cruel purpose of training inferiors to barbarous habits,
in order to preserve for their masters the exclusive
benefit of a discipline of humanity. Slaves, too, were
employed in hunting, which was deemed too frivolous
and barbarous an amusement for citizens. " They
look upon hunting as one of the basest parts of a
butcher's business, for they account it more decent to
kill beasts for the sustenance of mankind, than to
£ £ 4
424 LIFE OF SIR THOMAS MORE.
take pleasure in seeing a weak, harmless, and fearful
hare torn in pieces by a strong, fierce, and cruel dog."
An excess of population was remedied by planting
colonies ; a defect, by the recall of the necessary num-
ber of former colonists ; irregularities of distribution,
by transferring the superfluous members of one town-
ship to supply the vacancies in another. They did
not enslave their prisoners, nor the children of their
own slaves. In those maladies where there is no
hope of cure or alleviation, it was customary for the
Utopian priests to advise the patient voluntarily to
shorten his useless and burthensome life by opium or
some equally easy means. In cases of suicide, with-
out permission of the priests and the senate, the party
is excluded from the honours of a decent funeral.
They allow divorce in cases of adultery, and incorri-
gible perverseness. Slavery is the general punish-
ment of the highest crime. They have few laws, and
no lawyers. " Utopus, the founder of the state, made
a law that every man might be of what religion he
pleased, and might endeavour to draw others to it by
force of argument and by amicable and modest ways ;
but those who used reproaches or violence in their at-
tempts were to be condemned to banishment or sla-
very." The following passage is so remarkable, and
has hitherto been so little considered in the history of
toleration, that I shall insert it at length : — " This
law was made by Utopus, not only for preserving the
public peace, which, he said, suffered much by daily
contentions and irreconcileable heat in these matters,
but because he thought the interest of religion itself
required it. As for those who so far depart from
the dignity of human nature as to think that our souls
died with our bodies, or that the world was governed
by chance without a wise and over-ruling Providence,
the Utopians never raise them to honours or offices,
nor employ them in any public trust, but despise
them as men of base and sordid minds ; yet they do
not punish such men, because they lay it down as a
LIFE OF SIR THOMAS MORE. 425
ground, that a man cannot make himself believe any
thing he pleases : nor do they drive any to dissemble
their thoughts ; so that men are not tempted to lie or
disguise their opinions among them, which being a
sort of fraud, is abhorred by the Utopians : " — a beau-
tiful and conclusive reason, Avhich, when it was used
for the first time, as it probably was in Utopia, must
have been drawn from so deep a sense of the value of
sincerity as of itself to prove that he who thus em-
ployed it was sincere. " These unbelievers are not
allowed to argue before the common people ; but they
are suffered and even encouraged to dispute in private
■Nvith their priests and other grave men, being confi-
dent that they will be cured of these mad opinions by
having reason laid before them."
It may be doubted whether some extravagancies in
other parts of Utopia were not introduced to cover
such passages as the above, by enabling the writer to
call the whole a mere sport of wit, and thus exempt
him from the perilous responsibility of having main-
tained such doctrines seriously. In other cases, he
seems diffidently to propose opinions to which he was
in some measure inclined, but in the course of his
statement to have warmed himself into an indignation
against the vices and corruptions of Europe, which
vents itself in eloquent invectives not unworthy of
Gulliver. He makes Hythloday at last declare, —
" As I hope for mercy, I can have no other notion of
all the other governments that I see or know, but
that they are a conspiracy of tlie richer sort, who, on
pretence of managing the public, do only pursue their
private ends," The true notion of Utopia is, however,
that it intimates a variety of doctrines, and exhibits
a multiplicity of projects, which the writer regards
witli almost every possible degree of approbation and
shade of assent ; from the frontiers of serious and
entire belief, through gradations of descending plausi-
bility, where the lowest are scarcely more than the
exercises of ingenuity, and to which some wild para-
426 LIFE OF SIR THOMAS MORE.
doxes are appended, either as a veliicle, or as an easy
means (if necessary) of disavowing the serious inten-
tion of the whole of this Platonic fiction.
It must be owned, that though one class of More's
successors was more susceptible of judicious admira-
tion of the beauties of Plato and Cicero than his less
perfectly formed taste could be, and though another
division of them had acquired a knowledge of the
words of the Greek language, and perception of their
force and distinctions, for the attainment of which
More came too early into the world, yet none would
have been so heartily welcomed by the masters of the
Lyceum and the Academy, as qualified to take a part
in the discussion of those grave and lofty themes
which were freely agitated in these early nurseries of
human reason.
The date of the publication of Utopia would mark,
probably, also the happiest periods of its author's life.
He had now acquired an income equivalent to four or
five thousand pounds sterling of our present money,
by his own independent industry and well-earned
character. He had leisure for the cultivation of litera-
ture, for correspondence with his friend Erasmus, for
keeping up an intercourse with European men of
letters, who had already placed him in their first class,
and for the composition of works, from which, un-
aware of the rapid changes which were to ensue, he
probably promised himself more fame, or at least more
popularity, than they have procured for him. His
affections and his temper continued to ensure the
happiness of his home, even when his son with a wife,
three daughters with their husbands, and a propor-
tionable number of grandchildren, dwelt under his
patriarchal roof.
At the same period the general progress of Euro-
pean literature, and the cheerful prospects of im-
proved education and diff"used knowledge, had filled
the minds of More and Erasmus with delight. The
expectation of an age of pacific improvement seems
i
LIFE OF SIR THOMAS MORE. 427
to have prevailed among studious men in the twenty
years which elapsed between the migration of classical
learning across the Alps, and the rise of the religious
dissensions stirred up by the preaching of Luther.
" I foresee," says Bishop Tunstall, writing to Erasmus,
" that our posterity will rival the ancients in every
sort of study : and if they be not ungrateful, they will
pay the greatest thanks to those who have revived
these studies. Go on, and deserve well of posterity,
who will never suiFer the name of Erasmus to perish." *
Erasmus himself, two years after, expresses the same
hopes, which, with unwonted courtesy, he chooses to
found on the literary character of the conversation in
the palace of Henry VIII. : — " The world is recover-
ing the use of its senses, like one awakened from the
deepest sleep ; and yet there are some who cling to
their old ignorance with their hands and feet, and
wnll not suffer themselves to be torn from it."! To
"VYolsey he speaks in still more sanguine language,
mixed with the like personal compliment: — "I see
another golden age arising, if other rulers be animated
by your spirit. Nor will posterity be ungrateful. This
new felicity, obtained for the world by you, will be com-
memorated in immortal monuments by Grecian and
Roman eloquence."! Though the judgment of posterity
in favour of kings and cardinals is thus confidently
foretold, the writers do not the less betray their hope
of a better age, which will bestow the highest honours
on the promoters of knowledge. A better age was, in
truth, to come ; but the time and circumstances of its
appearance did not correspond to their sanguine hopes.
An age of iron was to precede, in which the turbulence
of reformation and the obstinacy of establishment were
to meet in long and bloody contest.
When the storm seemed ready to break out, Eras-
• Erasmi Opera, vol. iii. p. 267. t Ibid. p. 321.
X Ibid. p. 591. To this theory neither of the parties about to
contend couhl have assented ; but it is not on that account the
less likely to be in a great measure true.
428 LIFE OF SIR THOMAS MORE.
mus thought it his duty to incur the obloquy which
always attends mediatorial counsels. " You know the
character of the Germans, who are more easily led
than driven. Great danger may arise, if the native
ferocity of that people be exasperated by untimely
severities. We see the pertinacity of Bohemia and
the neighbouring provinces. A bloody policy has
been tried without success. Other remedies must be
employed. The hatred of Rome is fixed in the minds
of many nations, chiefly from the rumours believed
of the dissolute manners of that city, and from the
immoralities of the representatives of the supreme
pontiff abroad." The uncharitableness, the turbulence,
the hatred, the bloodshed, which followed the preach-
ing of Luther, closed the bright visions of the two
illustrious friends, who agreed in an ardent love of
peace, though not without a difference in the shades
and modifications of their pacific temper, arising from
some dissimilarity of original character. The tender
heart of More clung more strongly to the religion of
his youth ; while Erasmus more anxiously apprehended
the disturbance of his tastes and pursuits. The last
betrays in some of his writings a temper, which might
lead us to doubt, whether he considered the portion
of truth which was within reach of his friend as equi-
valent to the evils attendant on the search.
The public life of More may be said to have begun
in the summer of 1514*, with a mission to Bruges, in
which Tunstall, then Master of the Rolls, and after-
wards Bishop of Durham, was his colleague, and of
which the object was to settle some particulars re-
lating to the commercial intercourse of England with
the Netherlands. He was consoled for a detention,
unexpectedly long, by the company of Tunstall, whom
he describes f as one not only fraught with all learn-
ing, and severe in his life and morals, but inferior to
* Eecords of the Common Council of London,
f In a letter to Erasmus, 30tli April, 1516.
LIFE OF SIR THOMAS MORE. 429
no man as a delightful companion. On this mission
he became acquainted with several of the friends of
Erasmus in Flanders, where he evidently saw a pro-
gress in the accommodations and ornaments of life,
to which he had been hitherto a stranger. With Peter
Giles of Antwerp, to whom he intrusted the publica-
tion of Utopia by a prefatory dedication, he continued
to be closely connected during the lives of both. In
the year following, he was again sent to the Nether-
lands on the like mission ; — the intricate relations of
traffic between the two countries havinir jriven rise
to a succession of disputes, in which the determination
of one case generally produced new complaints.
In the beginning of 1516 More was made a privy-
councillor ; and from that time may be dated the
final surrender of his own tastes for domestic life,
and his predilections for studious leisure, to the flat-
tering importunities of Henry VIII. " He had re-
solved," says Erasmus, " to be content with his pri-
vate station ; but having gone on more than one
mission abroad, the King, not discouraged by the
unusual refusal of a pension, did not rest till he had
drawn More into the palace. For why should I not
say ^ drawn ^ since no man ever laboured with more
industry for admission to a court, than More to avoid
it ? The King would scarcely ever suflTer tlie philo-
sopher to quit him. For if serious affairs were to be
considered, who could give more prudent counsel ? or
if the King's mind was to be relaxed by cheerful con-
versation, where could there be a more facetious
companion?"* Roper, who was an eye-witness of
these circumstances, relates them with an agreeable
simplicity. " So from time to time was he by the
King advanced, continuing in his singular favour and
trusty service for twenty years. A good part thereof
used the King, upon liolidays, when he had done his
own devotion, to send for him ; and there, sometimes
* Erasmus, Op. vol. iii. p. 47 G.
430 LIFE OF SIR THOMAS MORE.
in matters of astronomy, geometry, divinity, and
such other faculties, and sometimes on his worldly
affairs, to converse with him. And other whiles in
the night would he have him up into the leads, there
to consider with him the diversities, courses, motions,
and operations of the stars and planets. And because
he was of a pleasant disposition, it pleased the King
and Queen after the council had supped at the time of
their own (i. e. the royal) supper, to call for him to be
merry with them." What Roper adds could not have
been discovered by a less near observer, and would
scarcely be credited upon less authority : " When
them he perceived so much in his talk to delight, that
he could not once in a month get leave to go home to
his wife and children (whose company he most de-
sired), he, much misliking this restraint on his liberty,
began thereupon somewhat to dissemble his nature,
and so by little and little from his former mirth to
disuse himself, that he was of them from thenceforth,
at such seasons, no more so ordinarily sent for."* To
his retirement at Chelsea, however, the King followed
him. " He used of a particular love to come of a
sudden to Chelsea, and leaning on his shoulder, to talk
with him of secret counsel in his garden, yea, and to
dine with him upon no inviting."! "^^^ taste for
More's conversation, and the eagerness for his com-
pany thus displayed, would be creditable to the King,
if his behaviour in after time had not converted them
into the strongest proofs of utter depravity. Even in
Henry's favour there was somewhat tyrannical ; and
his very friendship was dictatorial and self-willed.
It was reserved for him afterwards to exhibit the
singular, and perhaps solitary, example of a man
unsoftened by the recollection of a communion of
counsels, of studies, of amusements, of social plea-
sures with such a companion. In the moments of
Henry's partiality, the sagacity of More was not so
* Roper, p. 12. f More, p. 49.
LIFE OF SIR THOMAS MORE. 431
utterly blinded by his good-nature, that he did not
in some degree penetrate into the true character of
these caresses from a beast of prey. " When I saw
the King," says his son-in-law, " walking with him for
an hour, holding his arm about his neck, I rejoiced,
and said to Sir Thomas, how happy he was whom the
King had so familiarly entertained, as I had never seen
him to do to any one before, except Cardinal Wolsey.
' I thank our Lord, son,' said he, ' I find his grace my
very good lord indeed, and I believe he doth as sin-
gularly favour me as any other subject within this
realm : liowbeit, son Roper, I may tell thee, I have no
cause to be proud thereof ; for if my head would win
him a castle in France, when there was war between
us, it should not fail to go.'"*
An edition of Utopia had been printed incorrectly,
perhaps clandestinely, at Paris; but, in 1518, Eras-
mus's friend and printer, Froben, brought out a cor-
rect one at Basle, the publication of which had been
retarded by the expectation of a preface from Budceus,
the restorer of Greek learning in France, and pro-
bably the most critical scholar in that province of
literature on the north of the Alps. The book was
received with loud applause by the scholars of France
and Germany. Erasmus in confidence observed to an
intimate friend, that the second book having been
written before the first, had occasioned some disorder
and inequality of style; but he particularly praised its
novelty and originality, and its keen satire on the
vices and absurdities of Europe.
So important was the office of under-sheriff then
held to be, that More did not resign it till the 23d of
July, lol9f, though he had in the intermediate time
served the public in stations of trust and honour. In
* Koper, pp. 21, 22. Compare this insight into Henry's cha-
racter with a dechiration post of an opposite nature, though bor-
rowed also from castles and to^\•ns, made hy Charles V. when
he heard of More's murder.
f Records of the City of London.
432 LIFE OF SIR THOMAS MORE.
1521 he was knighted, and raised to the affice of
treasurer of the exchequer*, a station in some re-
spects the same with that of chancellor of the exche-
quer, who at present is on his appointment designated
by the additional name of under-treasurer. It is a
minute, but somewhat remarkable, stroke in the pic-
ture of manners, that the honour of knighthood should
be spoken of by Erasmus, if not as of superior dignity
to so important an office, at least as observably adding
to its consequence.
From 1517 to 1522, More was employed at various
times at Bruges, in missions like his first to the
Flemish government, or at Calais in watching and
conciliating Francis I, with whom Henry and Wolsey
long thought it convenient to keep up friendly appear-
ances. To trace the date of More's reluctant journeys
in the course of the uninteresting attempts of poli-
ticians on both sides to gain or dupe each other, would
be vain, without some outline of the negotiations in
which he was employed, and repulsive to most
readers, even if the enquiry promised a better chance
of a successful result. Wolsey appears to have occa-
sionally appointed commissioners to conduct his own
aiFairs, as well as those of his master, at Calais. At
this place they could receive instructions from Lon-
don with the greatest rapidity, and it was easy to
manage negotiations, and to shift them speedily, with
* Est quod Moro gratuleris ; nam Rex hunc nee amhientem
nee Jlagitantem munere magnifico honestavit, addito salario ne-
quaquam penitendo : est enim principi suo a thesanris. . . Nee
hoc contcntus, equitis aurati dignitatem adjecit. — Erasmus, Op.
vol. iii. p. 378.
" Then died Master Weston, treasurer of the exchequer, whose
office the King of his own accord, without any asking, freely gave
unto Sir Thomas More." — Roper, 13.
The minute verbal coincidences which often occur between
Erasmus and Roper, cannot be explained otherwise than by the
probable supposition, that copies or originals of the correspond-
ence between More and Erasmus were preserved by Roper after
the death of the former.
LIFE OF SIR THOMAS MORE. 433
Brussels and Paris ; with the additional advantage,
that it might be somewhat easier to conceal from each
one in turn of those jealous courts the secret dealings
of his employers with the other, than if the despatches
had been sent directly from London to the place of
their destination. Of this commission More was once
at least an unwilling member. Erasmus, in a letter to
Peter Giles on the loth of November, 1518, says,
*' More is still at Calais, of which he is heartily tired.
He lives with great expense, and is engaged in busi-
ness most odious to him. Such are the rewards re-
served by kings for their favourites."* Two years
afterwards. More writes more bitterly to Erasmus, of
his own residence and occupations. " I approve your
determination never to be involved in the busy trifling
of princes ; from which, as you love me, you must
wish that I were extricated. You cannot imagine
how painfully I feel myself plunged in them, for
nothing; can be more odious to me than this legation.
I am here banished to a petty sea-port, of which the
air and the earth are equally disagreeable to me.
Abhorrent as I am by nature from strife, even when
it is profitable, as at home, you may judge how weari-
some it is here where it is attended by loss." f On
one of his missions, — that of the summer 1519, More
had harboured hopes of being consoled, by seeing
Erasmus at Calais, for all the tiresome pageantry,
selfish scuffles, and paltry frauds, which he was to
witness at the congress of kings ;{:, where he could
find little to alter those splenetic views of courts,
which his disappointed benevolence breathed in Utopia.
Wolsey twice visited Calais during the residence of
More, who appears to have then had a weight in
council, and a place in the royal favour, second only
to those of the cardinal.
* Op vol. iii. p. 357. t Ibid. p. 5S9.
J Iltid. From the dates of the following letters of Erusn.us,
it appears that tlio hopes of More were disappointed.
VOL. I. F F
434 LIFE OF SIR THOMAS MORE.
In 1523*, a parliament was held in the middle of
April, at Westminster, in which More took a part so
honourable to his memory, that though it has been
already mentioned when touching on his eloquence, it
cannot be so shortly passed over here, because it was
one of those signal acts of his life which bears on it
the stamp of his character. Sir John, his father, in
spite of very advanced age, had been named at the
beginning of this parliament one of " the triers of pe-
titions from Gascony," — an office of which the duties
had become nominal, but which still retained its an-
cient dignity ; while of the House of Commons, Sir
Thomas himself was chosen to be the speaker. He
excused himself, as usual, on the ground of alleged
disability ; but his excuse was justly pronounced to be
inadmissible. The Journals of Parliament are lost, or
at least have not been printed ; and the Rolls exhibit
only a short account of what occurred, which is ne-
cessarily an unsatisfactory substitute for the deficient
Journals. But as the matter personally concerns Sir
Thomas More, and as the account of it given by his
son-in-law, then an inmate in his house, agrees with
the abridgment of the Rolls, as far as the latter goes,
it has been thought proper in this place to insert the
very words of Roper's narrative. It may be reason-
ably conjectured that the speeches of More were copied
from his manuscript by his pious son-in-law. f — " Sith
I perceive, most redoubted sovereign, that it standeth
not with your pleasure to reform this election, and
cause it to be changed, but have, by the mouth of the
most reverend father in God the legate, your high-
* 14 Hen. VIII.
f This conjecture is almost raised above that name by what
precedes. " Sir Thomas More made an oration, not now extant,
to the king's highness, for his discharge from the speal?:ership,
whereunto when the King would not consent, the speaker spoke
to his grace in form following." — It cannot be doubted, without
injustice to the honest and amiable biographer, that he would
have his readers to understand that the original of the speeches,
Avhich actually follow, were extant in his hands.
LIFE OF SIR THOMAS MORE. 435
ness's chancellor, thereunto given your most royal
assent, and have of your benignity determined far
above that I may bear for this office to repute me meet,
rather than that you should seem to impute unto your
commons that they had unmeetly chosen, I am ready
obediently to conform myself to the accomplishment
of your highness's pleasure and commandment. In
most humble wise I beseech your majesty, that I may
make to you two lowly petitions; — the one privately
concerning myself, the other the whole assembly of
your commons' house. For myself, most gracious
sovereign, that if it mishap me in any thing hereafter,
that is, on the behalf of your commons in your high
presence to be declared, to mistake my message, and
in lack of good utterance by my misrehearsal, to pre-
vent or impair their prudent instructions, that it may
then like your most noble majesty to give me leave to
repair again unto the commons' house, and to confer
with them and take their advice what things I shall
on their behalf utter and speak before your royal
grace.
" Mine other humble request, most excellent prince,
is this : forasmuch as there be of your commons here
by your high commandment assembled for your parlia-
ment, a great number which are after the accustomed
manner appointed in the commons' house to heal and
advise of the common affairs among themselves apart ;
and albeit, most dear liege lord, that according to
your most prudent advice^ by your honourable writs
every where declared, there hath been as due diligence
used in sending up to your highness's court of parlia-
ment the most discreet persons out of every quarter,
that men could esteem meet thereunto ; whereby it is
not to be doubted but that there is a very substantial
assembly of right wise, meet, and politi([ue persons :
yet, most victorious prince, sith among so many wise
men, neither is every man wise alike, nor among so
many alike well witted, every man well spoken ; and
it often happeth that as much folly is uttered with
r F 2
436 LIFE OF SIR THOIMAS MORE.
painted polisliecl speech, so many boisterous and rude
"in language give right substantial counsel ; and sith
also in matters of great importance, the mind is often
so occupied in the matter, that a man rather studieth
what to say than how ; by reason whereof the wisest
man and best spoken in a whole country fortuneth,
when his mind is fervent in the matter, somewhat to
speak in such wise as he would afterwards wish to
have been uttered otherwise, and yet no worse will
had when he spake it than he had when he would so
gladly change it ; therefore, most gracious sovereign,
considering that in your high court of parliament is
nothing treated but matter of weight and importance
concerning your realm, and your own royal estate, it
Could not fail to put to silence from the giving of their
advice and counsel many of your discreet commons,
to the great hindrance of your common affairs, unless
every one of your commons were utterly discharged
from all doubt and fear how any thing that it should
happen them to speak, should happen of your highness
to be taken. And in this point, though your well-
known and proved benignity putteth every man in
good hope ; yet such is the weight of the matter, such
is the reverend dread that the timorous hearts of your
natural subjects conceive towards your highness, our
most redoubted king and undoubted sovereign, that
they cannot in this point find themselves satisfied, ex-
cept your gracious bounty therein declared put away
the scruple of their timorous minds, and put them out
of doubt. It may therefore like your most abundant
grace to give to all your commons here assembled
your most gracious licence and pardon freely, without
doubt of your dreadful displeasure, every man to dis-
charge his conscience, and boldly in every thing inci-
dent among us to declare his advice ; and whatsoever
happeneth any man to say, that it may like your
noble majesty, of your inestimable goodness, to take all
in good part, interpreting every man's words, how
uncunningly soev^ they may be couched, to proceed
LIFE OF Sm TH0:ilA3 MORE. 437
jet of good zeal towards the profit of your realm, and
honour of your royal person ; and the prosperous es-
tate and preservation whereof, most excellent sovereign,
is the thing which we all, your majesty's humble
loving subjects, according to the most bounden duty
of our natural allegiance, most highly desire and pray
for."
This speech, the substance of which is in the Rolls
denominated " the protest," is conformable to former
usage, and the model of speeches made since that time
in the like circumstances. Wliat follows is more
singular, and not easily reconciled with the intimate
connection then subsisting between the speaker and
the government, especially with the cardinal : —
" At this parliament Cardinal Wolsey found himself
much aggrieved with the burgesses thereof; for that
nothing was so soon done or spoken therein, but that
it was immediately blown abroad in every alehouse. It
fortuned at that parliament a very great subsidy to be
demanded, which the cardinal, fearing would not pass
the commons' house, determined, for the furtherance
thereof, to be there present himself. Before where
coming, after long debating there, whether it was
better but with a few of his lords, as the most opinion
of the house was, or with his whole train royally to
receive him; 'Masters,' quoth sir Thomas More, 'for-
asmuch as my lord cardinal lately, ye wot well, laid to
our charge the lightness of our tongues lor things
uttered out of this house, it shall not in ray mind be
amiss to receive him with all his pomp, with his maces,
his pillars, his poll-axes, his hat, and great seal too ;
to the intent, that if he find the like fault with us
hereafter, we may be the bolder from ourselves to lay
the blame on those whom his grace bringeth here with
him.' ^\^lereunto the house wholly agreeing, he was
received accordingly. Where after he had by a solemn
oration, by many reasons, proved how necessary it was
the demand then moved to be granted, and farther
showed that less would not serve to maintain the
rr 3
438 LIFE OF SIR THOMAS MORE.
prince's purpose ; he seeing the company sitting still
silent, and thereunto nothing answering, and, contrary
to his expectation, showing in themselves towards his
request no towardness of inclination, said to them,
' Masters, you have many wise and learned men
amongst you, and sith I am from the king's own per-
son sent hitherto unto you, to the preservation of your-
selves and of all the realm, I think it meet you give
me some reasonable answer.' Whereat every man
holding his peace, then began to speak to one Master
Marney, afterwards Lord Marney ; ' How say you,'
quoth he, ' Master Marney ? ' who making him no
answer neither, he severally asked the same question
of divers others, accounted the wisest of the com-
pany ; to whom, when none of them all would give
so much as one word, being agreed before, as the
custom was, to give answer by their speaker ; ' Mas-
ters,' quoth the cardinal, ' unless it be the manner of
your house, as of likelihood it is, by the mouth of
your speaker, whom you have chosen for trusty and
wise (as indeed he is), in such cases to utter your
minds, here is, without doubt, a marvellously obstinate
silence : ' and thereupon he required answer of Mr.
Speaker ; who first reverently on his knees, excusing
the silence of the house, abashed at the presence of so
noble a personage, able to amaze the wisest and best
learned in a realm, and then, by many probable argu-
ments, proving that for them to make answer was
neither expedient nor agreeable with the ancient
liberty of the house, in conclusion for himself, showed,
that though they had all with their voices trusted him,
yet except every one of them could put into his own
head their several wits, he alone in so weighty a matter
was unmeet to make his grace answer. Whereupon
the cardinal, displeased with Sir Thomas More, that
had not in this parliament in all things satisfied his
desire, suddenly arose and departed."*
* Koper, pp. 13—21.
LIFE OF SIR THOMAS MORE. 439
This passage deserves attention as a specimen of
the mild independence and quiet steadiness of Ivlore's
character, and also as a proof how he perceived the
strength which the commons had gained by the power
of the purse, which was daily and silently growing,
and which could be disturbed only by such an unsea-
sonable show of an immature authority as might too
soon have roused the crown to resistance. It is one
among many instances of the progress of the influence
of parliaments in the midst of their apparently indis-
criminate submission, and it affords a pregnant proof
that we must not estimate the spirit of our forefathers
by the humility of their demeanour.
The reader will observe how nearly the example of
More was followed by a succeeding speaker, compara-
tively of no distinction, but in circumstances far more
memorable, in the answer of Lenthall to Charles I.,
when that unfortunate prince came to the House of
Commons to arrest the five members of that assembly,
who had incurred his displeasure.
There is another point from which these early
reports of parliamentary speeches may be viewed, and
from which it is curious to consider them. They
belong to that critical moment in the history of our
language when it was forming a prose style, — a writ-
ten diction adapted to grave and important occasions.
In the passage just quoted, there are about twenty
words and phrases (some of them, it is true, used
more than once) which would not now be employed.
Some of them are shades, such as " lowly," where we
say " humble ; " " company," for " a house of parlia-
ment ; " " simpleness," for " simplicity," with a deeper
tinge of folly than the single word now ever has ;
*' right," then used as a general sign of the superlative,
where we say " very," or " most ; " " reverend," for
" reverent," or " reverential." " K it mishap me," if
it should so happen, " to mishap in me," " it often
happeth," are instances of the employment of the vei b
" hap" for happen, or of a conjugation of the former,
F F 4
440 LIFE OF SIR THOMAS MQttE.
which has fallen into irrecoverable disuse. A phrase
was then so frequent as to become, indeed, the estab7
lished mode of commencing an address to a superior,
in which the old usage was, " It may like," or " It may
please your Majesty," where modern language abso-
lutely requires us to say, " May it please," by a slight
inversion of the words retained, but with the exclu-
sion of the word " like " in that combination. "Let"
is used for " hinder," as is still the case in some public
forms, and in the excellent version of the Scriptures.
" Well witted " is a happy phrase lost to the language
except on familiar occasions with a smile, or by a
master in the art of combining words. Perhaps " en-
able me," for " give me by your countenance the
ability which I have not," is the only phrase which
savours of awkwardness or of harsh effect in the ex-
cellent speaker. The whole passage is a remarkable
example of the almost imperceptible differences which
•mark various stages in the progress of a language.
In several of the above instances we see a sort of
contest for admission into the language between two
phrases extremely similar, and yet a victory which
excluded one of them as rigidly as if the distinction
had been very wide. Every case where subsequent
usage has altered or rejected words and phrases must
be regarded as a sort of national verdict, which is
necessarily followed by their disfranchisement. They
have no longer any claim on the English language,
other than that which may be possessed by all alien
suppliants for naturalisation. Such examples should
warn a writer, desirous to be lastingly read, of the
danger which attends new words, or very new accep-
tations of those which are established, or even of
attempts to revive those which are altogether super-
annuated. They show in the clearest light that the
learned and the vulgar parts of language, being those
which are most liable to change, are unfit materials
for a durable style ; and they teach us to look to those
words which form the far larger portion of ancient as
LIFE OF SIR THOMAS MORE. 441
well as of modern language, — that "well of English
undefiled," which has been happily resorted to from
More to Cowper, as being proved by the unimpeach-
able evidence of that long usage to fit the rest of our
speech more perfectly, and to flow more easily, clearly,
and sweetly, in our composition.
Erasmus tells us that Wolsey rather feared than
liked More. AVlien the short session of parliament
was closed, Wolsey, in his gallery of Whitehall, said
to More, "I wish to God you had been at Rome,
Mr. More, when I made you speaker." — " Your Grace
not offended, so would I too, my lord," replied Sir
Thomas ; " for then should I have seen the place I
long have desired to visit." * More turned the con-
versation by saying that he liked this gallery better
than the cardinal's at Hampton Court. But the latter
secretly brooded over his revenge, Avhich he after-
wards tried to gratify by banishing More, under the
name of an ambassador to Spain. He tried to effect
his purpose by magnifying the learning and wisdom of
More, his peculiar fitness for a conciliatory adjust-
ment of the difficult matters which were at issue be-
tween the King and his kinsman the Emperor. The
King suggested this proposal to More, who, consider-
ing the unsuitableness of the Spanish climate to his
constitution, and perhaps suspecting Wolsey of sinister
purposes, earnestly besought Henry not to send his
faithful servant to his grave. The King, who also
suspected Wolsey of being actuated by jealousy,
answered, " It is not our meaning, Mr. More, to do
you any hurt ; but to do you good we should be glad ;
we shall therefore employ you otherwise."! More
could boast that he had never asked the King the
value of a penny for himself, when on the 2oth of
December, 1525 1, the king appointed him chancellor
* Roper, p. 20. f More, p. 53. with a small variation.
J Such is the information which I have received from the re-
cords in the Tower. The accurate writer of the article on More,
in the Biographia Britauuica, is perplexed by tiudiug Sir Thomas
442 LIFE OF SIR THOMAS MORE.
of the duchy of Lancaster, as successor of Sir Anthony
Wingfield — an office of dignity and profit, which he
continued to hold for nearly three years.
In the summer of 1527, Wolsey went on his mag-
nificent embassy to France, in which More and other
officers of state were joined with him. On this
occasion the main, though secret object of Henry was
to pave the way for a divorce from Queen Catharine,
with a view to a marriage with Anne Boleyn, a
young beauty who had been bred at the French
court, where her father. Sir Thomas Boleyn, created
Earl of Wiltshire, had been repeatedly ambassador.
On their journey to the coast, Wolsey sounded
Archbishop Wareham and Bishop Fisher on the im-
portant secret with which he was intrusted. Ware-
ham, an estimable and amiable prelate, appears to
have intimated that his opinion was favourable to
Henry's pursuit of a divorce.* Fisher, Bishop of
Rochester, an aged and upright man, promised Wol-
sey that he would do or say nothing in the matter,
nor in any way counsel the Queen, except what stood
with Henry's pleasure ; " for," said he, " though she
be queen of this realm, yet he acknowledgeth you to
be his sovereign lordf:" as if the rank or authority
of the parties had any concern with the duty of
More, chancellor of the duchy, as one of the negotiators of a
treaty in August, 1526, which seems to the writer in the Biogra-
phia to bring down the death of Wingfield to near that time ; he
being on all sides acknowledged to be More's immediate prede-
cessor. But there is no difficulty, unless we needlessly assume
that the negotiation with which Wingfield was concerned related
to the same treaty which More concluded. On the contrary, the
first appears to have been a treaty with Spain ; the last a treaty
with France.
* State Papers, Hen. VIII. vol. i. p. 196. Wolsey's words
are, — " He expressly affirmed, that however displeasantly the
queen took this matter, yet the truth and judgment of the laAV
must take place. I have instructed him how he shall order him-
self if the queen shall demand his counsel, which he promises me
to follow."
t State Papers, Hen. VHI. vol. f. p. 168.
LIFE OF SIR TH05L\S MORE. 443
honestly giving counsel where it is given at all. The
overbearing deportment of Wolsey probably over-
awed both these good prelates: he understood them
in the manner most suitable to his purpose : and
confident that he should by some means finally gain
them, he probably coloured very highly their language
in his communication to Henry, whom he had himself
just before displeased by unexpected scruples.
It was generally believed by their contemporaries
that More and Fisher had corrected the manuscript
of Henry's answer to Luther ; while it is certain that
the propensity of the king to theological discussions
constituted one of the links of his intimacy with the
former. As More's writings against the Lutherans
were of great note in his own time, and as they were
probably those of his works on which he exerted the
most acuteness, and employed most knowledge, it
would be wrong to omit all mention of them in an
estimate of his mind, or as proofs of his disposition.
They contain many anecdotes which throw consider-
able light on our ecclesiastical history during the first
prosecution of the Protestants, or, as they Avcre then
called, Lutherans, under the old statutes against
Lollards, during the period which extended from
1520 to 1532 ; and they do not seem to have been
enough examined with that view by the historians of
the Church.
Legal responsibility, in a well-constituted common-
wealth, reaches to all the avowed advisers of the
government, and to all those whose concurrence is
necessary to the validity of its commands : but moral
responsibility is usually or chiefly confined to the
actual authors of each particular measure. It is true,
that when a government has attained a state of more
than usual regularity, the feelings of mankind be-
come so well adapted to it, that men are held to be
even morally responsible for sanctioning, by a base
continuance in office, the bad policy which may be
known not to originate with themselves. These re-
444 LIFE OF SIR THOMAS MORE.
finements were, however, unknown in the reign of
Henry YIII. The administration was then carried
on under the personal direction of the monarch, who
generally admitted one confidential servant only into
his most secret counsels ; and all the other ministers,
whatever their rank might be, commonly confined
their attention to the business of their own ofiices, or
to the execution of special commands intrusted to
them. This system was probably carried to its ut-
most height under so self-willed a prince as Henry,
and by so domineering a minister as Wolsey. Although
there can be no doubt that More, as a privy-councillor,
attended and co-operated at the examination of the
unfortunate Lutherans, his conduct in that respect
was regarded by his contemporaries as little more
than the enforcement of orders which he could not
lawfully decline to obey. The opinion that a minister
who disapproves measures which he cannot control is
bound to resign his office, is of very modern origin,
and still not universally entertained, especially if
fidelity to a party be not called in to its aid. In the
time of Henry, he was not thought even entitled to
resign. The fact of More's attendance, indeed, ap-
pears in his controversial writings, especially by his
answer to Tyndal. It is not equitable to treat him as
effectively and morally, as well as legally, answerable
for measures of state till the removal of Wolsey, and
the delivery of the great seal into his own hands.
The injustice of considering these transactions in any
other light appears from the circumstance, that though
he was joined with Wolsey in the splendid embassy to
France in 1527, there is no reason to suppose that
More was intrusted with the secret and main purpose
of the embassy, — that of facilitating a divorce and a
second marriage. His responsibility, in its most im-
portant and only practical part, must be contracted to
the short time \yrhich extends from the 25th of October,
1529, when he was appointed chancellor, to the 16th
of May, 1532,. when he was removed from his office.
LIFE OF SIR THOMAS MORE. 445
not much more than two years and a half.* Even
after confining it to these narrow limits, it must be
remembered, that he found the system of persecution
established, and its machinery in a state of activity.
The prelates, like most other prelates in Europe, did
their part in convicting the Protestants of Lollardy
in the spiritual courts, which were the competent tri-
bunals for trying that offence. Our means of deter-
mining what executions for Lollardy (if any) took
place when More had a decisive ascendant in the royal
councils, are very imperfect. If it were certain that
he was the adviser of such executions, it would only
follow that he executed one part of the criminal law,
without approving it, as succeeding judges have cer-
tainly done in cases of fraud and theft ; — where they
no more approved the punishment of death than the
author of Utopia might have done in its application
to heresy. If the progress of civilisation be not
checked, we seem not far from the period when such
capital punishments will appear as little consistent
with humanity, and indeed with justice, as the burn-
ing of heretics now appears to us. More himself
deprecates an appeal to his writings and those of his
friend Erasmus, innocently intended by themselves,
but abused by incendiaries to inflame the fury of the
ignorant multitude.f " Men," says he (alluding evi-
dently to Utopia), " cannot almost now speak of such
things insomuch as in play, but that such evil hearers
were a great deal the worse." " I would not now trans-
late the Moria of Erasmus, — even some works that
I myself have written ere this, into English, albeit
there be none harm therein." It is evident that the
two philosophers deeply felt the injustice of citing
against them, as a proof of inconsistency, that they
departed from the pleasantries, the gay dreams, — at
most the fond speculations, of their early days, when
* Records in the Tower.
t More's Ans-vver to Tyudal, part i. p. 128. (Printed bv John
liastell, 1532.)
446 LIFE OF SIR THOMAS MORE.
they saw these harmless visions turned into weapons
of destruction in the blood-stained hands of the boors
of Saxony, and of the ferocious fanatics of Munster.
The virtuous love of peace might be more prevalent
in More ; the epicurean desire of personal ease pre-
dominated more in Erasmus : but both were, doubt-
less, from commendable or excusable causes, incensed
against those odious disciples, who now, "with no
friendly voice," invoked their authority against them-
selves.
If, however, we examine the question on the grounds
of positive testimony, it is impossible to appeal to a
witness of more weight than Erasmus. " It is," said
he, " a sufficient proof of liis clemency, that while he
was chancellor, no man was put to death for these
pestilent dogmas, while so many have suffered capital
punishment for them in France, in Germany, and in
the Netherlands."* The only charges against him
on this subject, which are adverted to by himself,
relate to minor severities : but as these may be marks
of more cruelty than the infliction of death, let us
listen on this subject to the words of the merciful
and righteous man | : " Divers of them have said that
of such as were in my house when I was chancellor,
I used to examine them with torments, causing them
to be bound to a tree in my garden, and there piteously
beaten. Except their sure keeping, I never did else
cause any such thing to be done unto any of the
heretics in all my life, except only twain : one was a
child and a servant of mine in mine own house, whom
his father, ere he came to me, had nursed up in such
matters, and set him to attend upon George Jay.
This Jay did teach the child his ungracious heresy
against the blessed sacrament of the altar; which
heresy this child in my house began to teach another
child. And upon that point I caused a servant of
mine to strip him like a child before mine household,
* Op. vol. iii. p. 1811. t Move's Apology, cliap. 36.
LIFE OF SIR THOMAS MORE. 447
for amendment of himself and ensample of others."
" Another was one who, after he had fallen into these
frantic heresies, soon fell into plain open frensy :
albeit that he had been in Bedlam, and afterwards by
beating and correction gathered his remembrance * ;
being therefore set at liberty, his old frensies fell again
into his head. Being informed of his relapse, I caused
him to be taken by the constables and bounden to a
tree in the street before the whole town, and there
striped him till he waxed weary. Verily, God be
thanked, I hear no harm of him now. And of all who
ever came in my hand for heresy^ as help me God,
else had never any of them any stripe or stroke given
them, so much as ajillip in the forehead^ ^
This sta,tement, so minute, so capable of easy con-
futation, if in any part false, was made public after
his fall from power, when he was surrounded by
enemies, and could have no friends but the generous.
It relates circumstances of public notoriety, or at
least so known to all his own household (from which
it appears that Protestant servants were not excluded),
Avhich it would have been rather a proof of insanity
than of imprudence to have alleged in his defence, if
they had not been indisputably and coniessedly true.
Wherever he touches this subject there is a quietness,
and a circumstantiality, which are among the least
equivocal marks of a man who adheres to the temper
most favourable to the truth, because he is conscious
that the truth is favourable to him.J Without rely-
* Such was then the mode of curing insanity !
t Apology, chap. 36.
X There is a remarkable instance of tliis observation in More's
Dialogue, book iii. chap, xvi., where he tells, with some prolixity,
the story of Richard Dunn, who was found dead, and hanging
in the Lollard's Tower. The only ]iart taken by More in this
aftair was his share as a privy councillor in the inquiry, whether
Dunn hanged himself, or was murdered and then hanged up by
the Bishop of London's chancellor. Tlie evidence to i)rove that
the death could not be suicide, was as absurd as the story of ihe
bishop's chancellor was improbable. He was aftenvards, how-
448 LIFE OF SIR THOMAS MORE.
ing, therefore, on the character of More for probity ■
and veracity (which it is derogatory to him to employ
for such a purpose), the evidence of his humanity
having prevailed over his opinion decisively outweighs
the little positive testimony produced against him.
The charge against More rests originally on Fox
alone, from whom it is copied by Burnet, and with
considerable hesitation by Strype. But the honest
martyrologist writes too inaccurately to be a weighty
witness in this case ; for he tells us that Firth was put
to death in June 1533, and yet imputes it to More,
who had resigned his office a year before. In the
case of James Baynham, he only says that the accused
was chained to two posts for two nights in More's
house, at some unspecified distance of time before his
execution.
Burnet, in mentioning the extreme toleration taught
in Utopia, truly observes, that if More had died at
the time of its publication, " he would have been
reckoned among those who only wanted a fit oppor-
tunity of declaring themselves openly for a reforma-
tion."* The same sincere and upright writer was
too zealous for an historian, when he added: —
" When More was raised to the chief post in the
ministry, he became a persecutor even to blood, and
defiled those hands which were never polluted with
bribes." In excuse for the total silence of the honest
bishop respecting the opposite testimony of More
himself (of whom Burnet speaks even then with re-
verence), the reader must be reminded that the third
volume of the History of the Reformation was written
in the old age of the Bishop of Salisbury, thirty years
after those more laborious researches, which attended
the composition of the two former volumes, and under
the influence of those animosities against the Roman
ever, convicted by a jury, but pardoned, it should seem rightly,
by the King.
* History of the Reformation (Lond. 1820), vol. iii. part i.
p. 45.
LIFE OF SIR THOMAS MORE. 449
Catholic Church, which the conspiracy of Queen
Anne's last ministers against the Revolution had re-
vived with more than their youthful vigour. It must
be owned that he from the commencement acquiesced
too lightly in the allegations of Fox ; and it is certain,
that if the fact, however deplorable, had been better
proved, yet in that age it would not have warranted
such asperity of condemnation. *
The date of the work in which More denies the
charge, and challenges his accusers to produce their
proofs, would have roused the attention of Burnet if
he had read it. This book, entitled " The Apology of
Sir Thomas More," was written in 1533, " after he had
given over the office of lord chancellor," and when he
was in daily expectation of being committed to the
Tower. Defenceless and obnoxious as he then was,
no man was hardy enough to dispute his truth. Fox
was the first Avho, thirty years afterwards, ventured
to oppose it in a vague statement, which we know to
be in some respects inaccurate ; and on this slender
authority alone has rested sucli an imputation on the
veracity of the most sincere of men. Wlioever reads
the Apology will perceive, from the melancholy inge-
nuousness wnth which he speaks of the growing un-
popularity of his religion in the court and country,
that he could not have hoped to escape exposure, if it
had been then possible to question his declaration.f
* The change of opinion in Erasmus, and the less remarkable
change of More in the same respect, is somewliat excused by the
excesses and disorders which followed the Reformation. " To
believe," says Bayle, " that the church required reformation, and
to approve a particular manner of reforming it, are two very dif-
ferent things. To blame the opponents of reformation, and to
disapprove the conduct of the refonners, are tsvo things A-ery
compatible. A man may then imitate Erasmus, without being
an aj>ostate or a traitor." — Dictionar}-, art. Csistellan. Thc!<e
are i)Ositions too reasonable to be practically believed, at the
time when their adoption would be most useful.
■f In the Apology, More states that four-tenths of the people
VOL. L G G
4o0 LIFE OF SIR THOMAS MORE.
On the whole, then, More must not only be ab-
solved ; but when we consider that his administration
occurred during a hot paroxysm of persecution, — that
intolerance was the creed of his age, — that he himself,
in his days of compliance and ambition, had been
drawn over to it as a theory, — that he was filled with
alarm and horror by the excesses of the heretical in-
surgents in Germany, we must pronounce him, by
his abstinence from any practical share in it, to have
given stronger proofs than any other man, of a repug-
nance to that execrable practice, founded on the un-
shaken basis of his natural humanity.
The fourth book of the Dialogue*^ exhibits a lively
picture of the horror with which the excesses of the
Reformers had filled the mind of this good man, whose
justice and even humanity were disturbed, so far at
least as to betray him into a bitterness of language
and harshness of opinion foreign from his general
temper. The events themselves are, it must be owned,
sufficient to provoke the meekest, — to appal the
firmest of men. " The temporal lords," he tells us,
" were glad to hear the cry against the clergy ; the
people were glad to hear it against the clergy and the
lords too. They rebelled first against an abbot, and
after against a bishop, wherewith the temporal lords
had good game and sport, and dissembled the matter,
gaping after the lands of the spirituality, till they had
almost played, as ^sop telleth of the dog, which, to
snatch at the shadow of the cheese in the water, let
fall and lost the cheese which he bare in his mouth.
The uplandish Lutherans set upon the temporal lords :
they slew 70,000 Lutherans in one summer, and sub-
dued the remnant in that part of Almayne into a right
were unable to read ; — probably an overrated estimate of the
number of readers.
* Dialogue of Sir Thomas More, touching the pestilent sect of
Luther, composed and published when he was chancellor of the
duchy of Lancaster, " but newly oversene by the said Sir T. More,
chancellor of England," 1530.
LIFE OF SIR THOMAS MORE. 451
miserable servitude. Of this sect was the great part*
of those ungracious people which of late entered Rome
with the Duke of Bourbon." The description of the
horrible crimes perpetrated on that occasion is so dis-
gusting in some of its particulars, as to be unfit for
the decency of historical narrative. One specimen will
suffice, which, considering the constant intercourse
between England and Rome, is not unlikely to have
been related to More by an eye-witness : — " Some
took children and bound them to torches, and broujrht
them gradually nearer to the fire to be roasted, while
the fathers and mothers were looking on, and then
began to speak of a price for the sparing of the child-
ren asking first 100 ducats, then fifty, then forty,
then at last offered to take twain : after they had
taken the last ducat from the father, then would they
let the child roast to death." This wickedness (More
contended) was the fruit of Luther's doctrine of pre-
destination ; " for what good deed can a man study or
labour to do. who believeth Luther, tliat he hath no
free will of his own." f '• If the world were not near
an end, and the fervour of devotion almost quenched,
it could never have come to pass that so many people
should fall to the following of so beastly a sect." He
urges at very great length, and with great ability, the
tendency of belief in destiny to overthrow morality ;
and represents it as an opinion of which, on account
of its incompatibility with the order of society, the
civil magistrate may lawfully punish the promulga-
tion ; little aware how decisively experience was about
to confute such reasoning, however specious, by the
examples of nations, who, though their whole religion
was founded on predestination, were, nevertheless, the
most moral portion of mankind.^ " The fear," says
More, " of outrages and mischiefs to follow upon such
* A violent exaggeration. f Dialogue, book iv. chap. 8.
X SwitZL-rland, I luUantl, Scotland, English Puritans, New Eng-
land, French Huguenots, &c.
G G 2
452 LIFE OF SIR THOMAS MORE.
heresies, with the proof that men have had in some
countries thereof, have been the cause that princes
and people have been constrained to punish heresies
by a terrible death ; whereas else more easy ways had
been taken with them. If the heretics had never
begun with violence, good Christian people had per-
adventure used less violence against them : while they
forbare violence, there was little violence done unto
them. ' By my soul,' quoth your friend * ' I would all
the world were agreed to take violence and compulsion
away.' ' And sooth,' said I, ' if it were so, yet would
God be too strong for his enemies.'" In answer, he
faintly attempts to distinguish the case of Pagans,
who may be tolerated, in order to induce them to
tolerate Christians, from that of heretics, from which
no such advantage was to be obtained in exchange ; —
a distinction, however, which disappeared as soon as
the supposed heretics acquired supreme power. At
last, however, he concludes with a sentence which
sufficiently intimates the inclination of his judgment,
and shows that his ancient opinions still prevailed in
the midst of fear and abhorrence. " And yet, as I
said in the beginning, never were they by any temporal
punishment of their bodies any thing sharply handled
till they began to be violent themselves." It is evident
that his mind misgave him when he appeared to assent
to intolerance as a principle ; for otherwise there was
no reason for repeatedly relying on the defence of
society against aggression as its justification. His
silence, however, respecting the notorious fact, that
Luther strained every nerve to suppress the German
insurgents, can never be excused by the sophistry
which ascribes to all reformers the evil done by those
who abuse their names. It was too much to say that
Luther should not have uttered what he believed to
be sacred and necessary truth, because evil-doers took
* This wish is put into the mouth of the adverse speaker in
the Dialogue.
LIFE OF SIR TH03IAS MORE. 453
occasion from it to screen their bad deeds. This con-
troversial artifice, however grossly unjust, is yet so
jDlausible and popular, that perhaps no polemic ever
had virtue enough to resist the temptation of employ-
ing it. What other controversialist can be named,
who, having the power to crush antagonists whom he
viewed as the disturbers of the quiet of his own de-
clining age, — the destroyers of all the hopes which
he had cherished for mankind, contented himself with
severity of language (for which he humbly excuses
himself in his Apology — in some measure a dying
work), and with one instance of unfair inference
against opponents who were too zealous to be mer-
ciful.
In the autumn of 1529 More, on his return from
Cambray, where he had been once more joined in
commission with his friend Tunstall as ambassador to
the emperor, paid a visit to the court, then at Wood-
stock. A letter written from thence to his wife, on
occasion of a mishap at home, is here inserted as
affording a little glimpse into the management of his
most homely concerns, and especially as a specimei) of
his regard for a deserving woman, who was, probably,
too " coarsely kind " even to have inspired him with
tenderness. *
" jMistress Alyce, in my most harty will, I recomend
me to you. And whereas I am enfourmed by my son
Heron of the loss of our barnes and our neighbours
also, w* all the corne that was therein, albeit (saving
God's pleasure) it is gret pitie of so much good corne
lost, yet sith it hath liked hym to send us such a
chance, we must saie bounden, not only to be content,
but also to be glad of his visitation. He sent us all
that we have lost : and sith he hath by such a chance
* In Morc's metrical inscription for his own monu uent, wc
find a just, but long and somewhat laboured, commendation of
iUice, which in tenderness is outweighed by one word applied
to the long-dei)arted companion of his youth.
" Chara Thomas jacet hie Joanna uxorcula Mori."
G G 3
4o4 LIFE OF SIR THOMAS MORE.
taken it away againe, his pleasure be fulfilled. Let
us never grudge thereat, but take it in good worth,
and hartely thank him, as well for adversitie, as for
prosperitie. And par adventure we have more cause
to thank him for our losse, than for our winning : for
his wisedom better seeth what is good for us then we
do ourselves. Therefore I pray you be of good cheere,
and take all the howsold with you to church, and
there thank God both for that he hath given us, and
for that he has left us, which if it please hym, he can
increase when he will. And if it please him to leave
us yet lesse, at hys pleasure be it. I praye you to
make some good ensearche what my poor neighbours
have loste, and bidde them take no thought therefore,
and if I shold not leave myself a spone, there shall no
poore neighbour of mine bere no losse by any chance
happened in my house. I pray you be with my chil-
dren and household mery in God. And devise some-
what with your friends, what way wer best to take,
for provision to be made for corne for our household
and for sede thys yere coming, if ye thinke it good that
we keepe the ground still in our handes. And whether
ye think it good y* we so shall do or not, yet I think
it were not best sodenlye thus to leave it all up, and
to put away our folk of our farme, till we have some-
what advised us thereon. Howbeit if we have more
nowe than ye shall neede, and which can get the other
maisters, ye may then discharge us of them. But I
would not that any man wer sodenly sent away he
wote nere wether. At my coming hither, I perceived
none other, but that I shold tary still with the kinges
grace. But now I shall (I think), because of this
chance, get leave this next weke to come home and
se you ; and then shall we further devise together
uppon all thinges, what order shall be best to take :
and thus as hartely fare you well with all our children
as you can wishe. At Woodstok the thirde daye of
Septembre, by the hand of
" Your loving husband,
" Thomas More. Kniarht."
LIFE OF Sm THOMAS 3I0IIE. 45o
A new scene now opened on More, of whose private
life the above simple letter enables us to form no
inadequate or unpleasing estimate. On the 25th of
October 1529, sixteen days after the commencement
of the prosecution against Wolsej, the King, by de-
livering the great seal to him at Greenwich, con-
stituted him lord chancellor, — the highest dignity of
the state and of the law, and which had previously
been generally held by ecclesiastics.* A very sum-
mary account of the nature of this high office may
perhaps prevent some confusion respecting it among
those who know it only in its present state. The
office of chancellor was known to all the European
governments, who borrowed it, like many other in-
stitutions, from the usage of the vanquished Koraans.
In those of England and France, which most re-
sembled each other, and whose history is most familiar
and most interesting to us f, the chancellor, whose
office had been a conspicuous dignity under the Lower
Empire, was originally a secretary who derived a
great part of his consequence from the trust of hold-
ing the king's seal, the substitute for subscription under
illiterate monarchs, and the stamp of legal authority
in more cultivated times. From his constant access
to the king, he acquired every Avhere some autho-
rity in the cases which were the frequent subject
of complaint to the crown. In France, he became a
minister of state with a peculiar superintendence over
courts of justice, and some remains of a special juris-
diction, which continued till the downfall of the
French monarchy. In the English chancellor were
gradually united the characters of a legal magistrate
and a political adviser ; and since that time the office
has been confined to lawyers in eminent practice.
He has been presumed to have a due reverence for the
* Thorpe, in 1371, and Knivet, in 1372, seem to be the last
exceptions.
t Ducanjre and Spelman, voce Cancellaiius, who give us the
series of Chancellors in both countries,
G G 4
456 LIFE OF SIR THOMAS MORE.
law, as well as a familiar acquaintance with it ; and his
presence and weight in the counsels of a free common-
wealth have been regarded as links which bind the
state to the law.
One of the earliest branches of the chancellor's
duties seems, by slow degrees, to have enlarged his
jurisdiction to the extent which it reached in mo-
dern times.* From the chancery issued those writs
which first put the machinery of law in motion in
every case where legal redress existed. In that court
new writs were framed, when it was fit to adapt the
proceedings to the circumstances of a new case. When
a case arose in which it appeared that the course and
order of the common law could hardly be adapted, by
any variation in the forms of procedure, to the demands
of justice, the complaint was laid, by the chancellor,
before the king, who commanded it to be considered
in council, — a practise which, by degrees, led to
a reference to that magistrate by himself To facili-
tate an equitable determination in such complaints,
the writ was devised called the writ of ^^ subpcena,^^
commanding the person complained of to appear be-
fore the chancellor, and to answer the complaint. The
essential words of a petition for this writ, which in
process of time has become of so great importance,
were in the reign of Richard III. as follows : " Please
it therefore, your lordship, — considering that your
orator has no remedy by course of the common law, —
to grant a writ subpoena, commanding T. Coke to ap-
pear in chancery, at a certain day, and upon a certain
pain to be limited by you, and then to do what by this
court shall be thought reasonable and according to
conscience." The form had not been materially dif-
ferent in the earliest instances, which appear to have
occurred from 1380 to 1400. It would seem that
this device was not first employed, as has been
* " Non facile est digito monstrare quibus gradibus, sed con-
jecturam accipe." — Spehnan, voce Cancellarius.
LIFE OF SIR THOilAS MORE. 457
hitherto supposed *, to enforce the observance of the
duties of trustees who held lands, but for cases of an
extremely different nature, where the failure of justice
in the ordinary courts might ensue, not from any de-
fect in the common law, but from the power of tur-
bulent barons, who in their acts of outrage and lawless
violence, bade defiance to all ordinary jurisdiction.
In some of the earliest cases we find a statement of
the age and poverty of the complainant, and of the
power, and even learning, of the supposed wrong-
doer ; — topics addressed to compassion, or at most to
equity in a very loose and popular sense of the word,
which throw light on the original nature of this high
«... ^ ^
jurisdiction.'!' It is apparent, from the earliest cases
in the reign of Richard IL, that the occasional relief
proceeding frem mixed feelings of pity and of regard
to substantial justice, not effectually aided by law, or
overpowered by tyrannical violence, had then grown
into a regular system, and was subject to rules re-
sembling those of legal jurisdiction. At first sight it
may appear difficult to conceive how ecclesiastics
could have moulded into a regular form this anoma-
lous branch of jurisprudence. But many of the eccle-
siastical order, — originally the only lawyers, — were
* Blackstone, book ill. chap. 4.
t Calendars of rrocccdings in Chancery, temp. Eliz. London,
1827. Often of these suits which occurred in the last ten years
of the fourteenth century, one complains of ouster from land by
violence ; another, of exclusion from a benefice, by a writ ob-
tained from the king under false suggestions ; a third, for the
sei/.ure of a freeman, under pretext of being a slave (()r nief) ; a
fourth, for being disturbed in the enjoyment of land by a tres-
passer, abetted by the sheriff; a tifth, for imprisonment on a
false allegation of debt. No case is extant prior to the first year
of Henry V., which relates to the trust of lands, which eminent
writers have represented as the original object of this jurisdiction.
In the reign of Henry VI. there is a bill against certain Wy-
cliffites for outrages done to the plaintiff, Robert Burton, chanter
ot the cathedral of Lincoln, on account of his zeal as an inquisitor
in the diocese of Lincoln, to convict and punish heretics.
458 LIFE OF SIR THOMAS MORE.
eminently skilled in the civil and canon law, which had
attained an order and precision unknown to the digests
of barbarous usages then attempted in France and
England. The ecclesiastical chancellors of those
countries introduced into their courts a course of pro-
ceeding very similar to that adopted by other Euro-
pean nations, who all owned the authority of the
canon law, and were enlightened by the wisdom of the
Roman code. The proceedings in chancery, lately
recovered from oblivion, show the system to have
been in regular activity about a century and a half
before the chancellorship of Sir Thomas More, — the
first common lawyer who held the great seal since the
Chancellor had laid any foundations (known to us) of
his equitable jurisdiction. The course of education,
and even of negotiation in that age, conferred on
More, who was the most distinguished of the practisers
of the common law, the learning and ability of a civi-
lian and a canonist.
Of his administration, from the 2oth of October
1529, to the 16th of May 1532, four hundred bills
and answers are still preserved, which afford an ave-
rage of about a hundred and sixty suits annually.
Though this average may by no means adequately
represent the whole occupations of a court which had
many other duties to perform, it supplies us with
some means of comparing the extent of its business
under him with the number of similar proceedings in
succeeding times. The whole amount of bills and
answers in the reign of James I. was 32,000. How
far the number may have differed at different parts of
that reign, the unarranged state of the records does
not yet enable us to ascertain. But supposing it,
by a rough estimate, to have continued the same,
the annual average of bills and answers during the
four years of Lord Bacon's administration was 1461,
being an increase of nearly ten-fold in somewhat less
than a century. Though causes connected with the
progress of the jusisdiction and the character of the
LIFE OF SIR THOMAS MORE. 459
chancellor must have somewhat contributed to this
remarkable increase, yet it must be ascribed princi-
pally to the extraordinary impulse given to daring
enterprise and national wealth by the splendid admi-
nistration of Elizabeth, which multiplied alike the
occasions of litigation and the means of carrying it
on.* In a century and a half after, when equitable
jurisdiction was completed in its foundations and
most necessary parts by Lord Chancellor Notting-
ham, the yearly average of suits was during his
tenure of the great seal, about sixteen hundred.f
Under Lord Hardwicke, the chancellor of most pro-
fessional celebrity, the yearly average of bills and
answers appears to have been about two thousand ;
probably in part because more questions had been
finally determined, and partly also because the delays
were so aggravated by the multiplicity of business,
that parties aggrieved chose rather to submit to
wrong than to be ruined in pursuit of right. This
last mischief arose in a great measure from the variety
of affairs added to the original duties of the judge, of
which the principal were bankruptcy and parlia-
mentary appeals. Both these causes continued to act
with increasing force ; so that, in spite of a vast
increase of the property and dealings of the kingdom,
the average number of bills and answers was consider-
ably less from 1800 to 1802 than it had been from
1745 to 17544
It must not be supposed that men trained in any
system of jurisprudence, as were the ecclesiastical
* From a letter of Lord Bacon (Lords' Journals, 20th March,
1680), it appears that he made 2000 decrees and orders in a
year ; so that in his time the bills and answers amounted to about
two-thirds of the whole business.
f The numbers have been obligingly supplied by the gentle-
men of the Record Office in the Tower.
X Account of Proceedings in Parliament relative to the Court
of Chancery. By C. P. Cooper, Esq. (Ixind. 1828), p. 102., &c.
— A work equally remarkable for knowledge and acuteness.
460 LIFE OF SIR THOMAS MORE.
chancellors, could have been indifferent to the incon-
venience and vexation which necessarily harass the
holders of a merely arbitrary power. Not having a
law, they were a law unto themselves ; and every
chancellor who contributed by a determination to
establish a principle, became instrumental in circum-
scribing the power of his successor. Selden is, indeed,
represented to have said, " that equity is according to
the conscience of him who is chancellor, which is as
uncertain as if we made the chancellor's foot the
standard for the measure which we call a foot."* But
this was spoken in the looseness of table-talk, and
under the influence of the prejudices then prevalent
among common lawyers against equitable jurisdiction.
Still, perhaps, in his time, what he said might be true
enough for a smart saying : but in process of years a
system of rules has been established, which has con-
stantly tended to limit the originally discretionary
powers of the chancery. Equity, in the acceptation
in which that word is used in English jurisprudence,
is no longer to be confounded with that moral equity
which generally corrects the unjust operation of law,
and with which it seems to have been synonymous in
the days of Selden and Bacon. It is a part of law
formed from usages and determinations which some-
times differ from Avhat is called " common law " in its
subjects, but chiefly varies from it in its modes of
proof, of trial, and of relief; it is a jurisdiction so
irregularly formed, and often so little dependent on
general principles, that it can hardly be defined or
made intelligible otherwise than by a minute enume-
ration of the matters cognisable by it.f
It will be seen from the above that Sir Thomas
More's duties differed very widely from the various
exertions of labour and intellect required from a mo-
* Table Talk (Edinb. 1809), p. 55.
f Blackstone, book iii. chap. 27. Lord Hardwicke's Letter to
Lord Karnes, 30th June, 1757. — Lord Woodhouselee's Life of
Lord Karnes, vol. i. p. 237.
LIFE OF SIR THOMAS MORE. 461
dern chancellor. At the utmost he did not hear more
than two hundred cases and arguments yearly, in-
cluding those of every description. No authentic
account of any case tried before him, if any such be
extant, has been yet brought to light. No law book
alludes to any part of his judgments or reasonings.
Nothing of this higher part of his judicial life is pre-
served, which can warrant us in believing more than
that it must have displayed his never-failing integrity,
reason, learning, and eloquence.
The particulars of his instalment are not unworthy
of being specified as a proof of the reverence for his
endowments and excellences professed by the King
and entertained by the public, to whose judgment the
ministers of Henry seemed virtually to appeal, with
an assurance that the King's appointment would be
ratified by the general voice. " He was led between
the Dukes of Norfolk and Suffolk up Westminster
Hall to the Stone Chamber, and there they honour-
ably placed him in the high judgment-seat of chan-
cellor*;" (for the chancellor was, by his office, the
president of that terrible tribunal). " The Duke of
Norfolk, premier peer and lord high treasurer of Eng-
land," continues the biographer, " by the command of
the king, spoke thus unto the people there ivith great
applause and joy gathered together : —
"'The King's majesty (which, I pray God, may
prove happie and fortunate to the whole realme of
England) hath raised to the most high dignitie of
chancellourship Sir Thomas More, a man for his ex-
traordinarie worth and sufiiciencie well knowne to
himself and the whole realme, for no other cause or
earthlie respect, but for that he hath plainely perceaved
all the gifts of nature and grace to be heaped upon
him, which either the people could desire, or himself
wish, for the discharge of so great an office. For the
admirable wisedome, integritie, and innocencie, joyned
♦ More, pp. 156. 163.
462 LIFE OF Sm THOMAS MORE.
with most pleasant facilitie of witt, that this man is
endowed withall, have been sufficiently knowen to all
Englishmen from his youth, and for these manie yeares
also to the King's majestie himself. This hath the
King abundantly found in manie and weightie affayres,
which he hath happily dispatched both at home and
abroad, in divers offices which he hath born, in most
honourable embassages which he hath undergone, and
in his daily counsell and advises upon all other occa-
sions. He hath perceaved no man in his realme to be
more wise in deliberating, more sincere in opening to
him what he thought, nor more eloquent to adorne
the matter which he uttered. Wherefore, because he
saw in him such excellent endowments, and that of
his especiall care he hath a particular desire that his
kingdome and people might be governed with all
equitie and justice, integritie and wisedome, he of his
owne most gracious disposition hath created this sin-
gular man lord chancellor ; that, by his laudable per-
formance of this office, his people may enjoy peace
and justice ; and honour also and fame may redounde
to the whole kingdome. It may perhaps seem to
manie a strange and unusuall matter, that this dignitie
should be bestowed upon a layman, none of the nobi-
litie, and one that hath wife and children ; because
heretofore none but singular learned prelates, or men
of greatest nobilitie, have possessed this place ; but
what is wanting in these respects, the admirable ver-
tues, the matchless guifts of witt and wisedome of this
man, doth most plentifully recompence the same. For
the King's majestie hath not regarded how great, but
what a man he was ; he hath not cast his eyes upon
the nobilitie of his bloud, but on the worth of his
person ; he hath respected his sufficiencie, not his pro-
fession ; finally, he would show by this his choyce,
that he hath some rare subjects amongst the rowe of
gentlemen and laymen, who deserve to manage the
Jiighest offices of the realme, which bishops and noble-
men think they only can deserve. The rarer therefore
LIFE OF SIR THOMAS MOKE. 463
it vras, so much both himself held it to be the more
excellent, and to his people he thought it would be
the more gratefuU. Wherefore, receave this your
chanceilour with joyful acclamations, at Avhose bauds
you may expect all happinesse and content.'
" Sir Thomas More, according to his wonted mo-
destie, was somewhat abashed at this the duke's speech,
in that it sounded so much to his praise, but recol-
lecting himself as that place and time would give him
leave, he answered in this sorte : — ' Although, most
noble duke, and you right honourable lords, and wor-
shipfull gentlemen, I knowe all these things, which
the King's majestic, it seemeth, hath bene pleased
should be spoken of me at this time and place, and
your grace hath with most eloquent wordes thus am-
plifyed, are as far from me, as I could wish with all
my hart they were in me for the better performance
of so great a charge ; and although this your speach
hath caused in me greater feare than I can well ex-
press in words : yet this incomparable favour of my
dread soueraigne, by which he showeth how well, yea
how highly he conceaveth of my weakenesse, having
commanded that my meanesse should be so greatly
commended, cannot be but most acceptable unto me ;
and I cannot choose but give your most noble grace
exceeding thankes, that what his majestic hath willed
you briefly to utter, you, of the abundance of your
love unto me, have in a large and eloquent oration
dilated. As for myself, I can take it no otherwise,
but that his majestie's incomparable favour towards
me, the good will and incredible propension of his
royall minde (wherewith he has these manie yeares
favoured me continually) hath alone without anie de-
sert of mine at all, caused both this my new honour,
and these your undeserved commendations of me.
For who am I, or what is the house of my father, that
the King's highnesse should heapc upon me by such
a perj)etuall streame of affection, these so high ho-
nours ? I am farre lesse then anie the meanest of his
464 LIFE OF SIR THOMAS MORE.
benefitts bestowed on me ; how can I then thinke
myself worthie or fitt for this so peerlesse dignitie ?
I have bene drawen by force, as the King's majestic
often professeth, to his highnesse's service, to be a
courtier ; but to take this dignitie upon me, is most of
all against my will ; yet such is his highnesse's be-
nignitie, such is his bountie, that he highly esteemeth
the small dutiefulnesse of his meanest subjects, and
seeketh still magnificently to recompence his servants ;
not only such as deserve well, but even such as have
but a desire to deserve well at his hands, in which
number I have alwaies wished myself to be reckoned,
because I cannot challenge myself to be one of the
former ; which being so, you may all perceave with
me how great a burden is layde upon my backe, in
that I must strive in some sorte with my diligence and
dutie to corresponde with his royall benevolence, and
to be answerable to that great expectation, which he
and you seeme to have of me ; wherefore those so
high praises are by me so much more grievous unto
me, by how much more I know the greater charge I
have to render myself worthie of, and the fewer means
I have to make them goode. This weight is hardly
suitable to my weake shoulders ; this honour is not
correspondent to my poore desert ; it is a burden, not
a glorie ; a care, not a dignitie ; the one therefore I
must beare as manfully as I can, and discharge the
other with as much dexteritie as I shall be able. The
earnest desire which I have alwaies had and doe now
acknowledge myself to have, to satisfye by all meanes
I can possible, the most ample benefitts of his high-
nesse, will greatly excite and ayde me to the diligent
performance of all, which I trust also I shall be more
able to doe, if I finde all your good wills and wishes
both favourable unto me, and conformable to his royall
munificence : because my serious endeavours to doe
well, joyned with your favourable acceptance, will
easily procure that whatsoever is performed by me,
though it be in itself but small, yet it will seeme great
LIFE OF SIR THOMAS MORE. 465
and praisewortllie ; for those things are alwaies
atchieved happily which are accepted willingly ; and
those succeede fortunately, which are receaved by
others courteously. As you therefore doe hope for
great matters, and the best at my hands, so though I
dare not promise anie such, yet do I promise truly and
affectionately to performe the best I shall be able.'
" When Sir Thomas More had spoken these wordes,
turning his face to the high judgment seate of the
chancerie, he proceeded in this manner: — ' But when
I looke upon this seate, when I thinke how greate
and what kinde of personages have possessed this place
before me, when I call to minde who he was that sate
in it last of all — a man of what singular wisdome, of
what notable experience, what a prosperous and ftivour-
able fortune he had for a great space, and how at the
last he had a most grevious fall, and dyed inglorious —
I have cause enough by my predecessor's example to
think honour but slipperie, and this dignitio not so
grateful to me as it may seeme to others ; for both is
it a hard matter to follow with like paces or praises, a
man of such admirable witt, prudence, authoritie, and
splendour, to whome I may seeme but as the lighting
of a candle, when the sun is downe; and also the sudden
and unexpected fall of so groat a man as he was doth
terribly putt me in minde that this honour ought not
to please me too much, nor the lustre of this glister-
ing seate dazel mine eyes. Wherefore I ascende this
seate as a place full of labour and danger, voyde of all
solide and true honour; the which by how much the
higher it is, by so much greater fall 1 am to fearc, as
well in respect of the verie nature of the thing it selfe,
as because I am warned by this late fearful! example.
And truly I might even now at this verie just entrance
stumble, yea faynte, but that his majestie's most singu-
lar f\ivour towardes me, and all your good wills, which
your joyfull countenance doth testifye in this most
honorable assemblie, doth somewhat recreate and re-
fresh me ; otherwise this seate would be no more
VOL. L u u «
466 LIFE OF SIR THOMAS MORE.
pleasing to me, than that sword was to Damocles,
which hung over his head, tjed only by a hayre of a
horse's tale, when he had store of delicate fare before
him, seated in the chair of state of Denis the tirant of
Sicilie ; this therefore shall be always fresh in my
minde, this will I have still before mine eies, that this
seate will be honorable, famous, and full of glorie unto
me, if I shall with care and diligence, fidelitie and wise-
dome, endeavour to doe my dutie, and shall persuade
myself, that the enjoying thereof may be but short and
uncertaine : the one whereof my labour ought to per-
forme ; the other my predecessor's example may easily
teach me. All which being so, you may easily perceave
what great pleasure I take in this high dignitie, or in
this most noble duke's praising of me.'
"All the world took notice now of sir Thomas's
dignitie, whereof Erasmus writeth to John Fabius,
Bishop of Vienna, thus: — 'Concerning the new in-
crease of honour lately happened to Thomas More, I
should easily make you believe it, if I should shew
you the letters of many famous men, rejoicing with
much alacritie, and congratulating the King, the
realme, himself, and also me, for More's honor, in
being made lord chancellour of England.' "
At the period of the son's promotion. Sir John
More, who was nearly of the age of ninety, was the
most ancient judge of the King's Bench. "What a
grateful spectacle was it," says their descendant, " to
see the son ask the blessing of the father every day
upon his knees before he sat upon his own seat ? " *
Even in a more unceremonious age, the simple cha-
racter of More would have protected these daily rites
of filial reverence from that suspicion of aiFectation,
which could alone destroy their charm. But at that
time it must have borrowed its chief power from the
conspicuous excellence of the father and son. For if
inward worth had then borne any proportion to the
grave and reverend ceremonial of the age, we might
* More, p. 163.
LIFE OF SIR THOMAS MORE. 467
be well warranted in regarding our forefathers as a
race of superior beings.
The contrast which the humble and affable More
afforded to the haughty cardinal, astonished and de-
lighted the suitors. No application could be made to
Wolsej, which did not pass through many hands;
and no man could apply, whose fingers were not tip-
ped with gold: but More sat daily in an open hall,
that he might receive in person the petitions of the
poor. If any reader should blame his conduct in this
respect, as a breach of an ancient and venerable pre-
cept,— "Ye shall do no unrighteousness in judgment ;
thou shalt not respect the person of the poor, nor
honour the person of the mighty ; but in righteousness
shalt thou judge thy neighbour *," let it be remem-
bered, that there still clung to the equitable jurisdic-
tion some remains of that precarious and eleemosynary
nature from which it originally sprung ; which, in the
eyes of the compassionate chancellor, might warrant
more preference for the helpless poor than could be
justified in proceedings more rigorously legal.
Courts of law were jealous then, as since, of the
power assumed by chancellors to issue injunctions\o\)iiT-
ties to desist from doing certain acts which they were
by law entitled to do, until the court of chancery should
determine whether the exercise of the legal right would
not work injustice. There are many instances in
which irreparable wrong may be committed, before a
right can be ascertained, in the ordinary course of
proceedings. In such cases it is the province of the
Chancellor to take care that affairs shall continue in
their actual condition until the questions in dispute
be determined. A considerable outcry against this
necessary, though invidious authority, was raised at
the commencement of Morc's chancellorship. He
silenced this clamour with his wonted prudence and
meekness. Having caused one of the six clerks to
* Leviticus, chap. xLx. v. 15.
H u 2
468 LIFE OF SIR THOMAS MORE.
make out a list of the injunctions issued by him, or
pending before him, he invited all the judges to din-
ner. He laid the list before them ; and explained
the circumstances of each case so satisfactorily, that
they all confessed that in the like case they would
have done no less. Nay, he offered to desist from
the jurisdiction, if they would undertake to contain
the law within the boundaries of righteousness, which
he thought they ought in conscience to do. The
judges declined to make the attempt; on which he
observed privately to Koper, that he saw they trusted
to their influence for obtaining verdicts which would
shift the responsibility from them to the juries.
"Wherefore," said he, "I am constrained to abide
the adventure of their blame."
Dauncey, one of his sons-in-law, alleged that under
Wolsey " even the door-keepers got great gains," and
was so perverted by the venality there practised that
he expostulated with More for his churlish integrity.
The chancellor said, that if " his father, whom he re-
verenced dearly, were on the one side, and the devil,
whom he hated with all his might, on the other, the
devil should have his right." He is represented by
his descendant, as softening his answer by promising
minor advantages, such as priority of hearing, and
recommendation of arbitration, where the case of a
friend was bad. The biographer, however, not being
a lawyer, might have misunderstood the conversation,
which had to pass through more than one generation
before the tradition reached him ; or the words may
have been a hasty effusion of good nature, uttered
only to qualify the roughness of his honesty. If he
had been called on to perform these promises, his head
and heart would have recoiled alike from breaches of
equality which he would have felt to be altogether
dishonest. When Heron, another of his sons-in-law,
relied on the bad practices of the times, so far as to
entreat a favourable judgment in a cause of his own,
More, though the most affectionate of fathers, imme-
LIFE OF SIR THOMAS MORE. 469
diately undeceived him bj an adverse decree. This
act of common justice is made an object of panegyric
by the biographer, as if it were then deemed an extra-
ordinary instance of virtue ; a deplorable symptom of
that corrupt state of general opinion, which, half a
century later, contributed to betray into ignominious
vices the wisest of men, and the most illustrious of
chancellors, — if the latter distinction be not rather
due to the virtue of a More or a Somers.
He is said to have despatched the causes before him
so speedily, that, on asking for the next, he was told
that none remained ; which is boastfully contrasted
by Mr. More, his descendant, with the arrear of a
thousand in the time of that gentleman, who lived in
the reign of Charles I. ; though we have already seen
that this difference may be referred to other causes,
and therefore that the fact, if true, proves no more
than his exemplary diligence and merited reputation.
The scrupulous and delicate integrity of More (for
so it must be called in speaking of that age) was more
clearly shown after his resignation, than it could have
been durino: his continuance in office. One Parnell
complained of him for a decree obtained by his adver-
sary Vaughan, whose wife had bribed the cliancellor
by a gilt cup. More surprised the counsel at first, by
owning that he received the cup as a new year's gift.
Lord Wiltshire, a zealous Protestant, indecently, but
prematurely exulted : " Did I not tell you, my lords,"
said he, "that you would find this matter true ?" "But,
my lords," replied More, " hear the other part of my
tale." He then told them that, "having drank to her
of wine with which his butler had filled the cup, and
she having pledged him, he restored it to her, and
would listen to no refusal." Wlicn Mrs. Croker, for
whom he had made a decree against Lord Arundel,
came to him to request his acceptance of a pair of
gloves, in which were contained 40/. in angels, he told
her, with a smile, that it were ill manners to refuse a
lady's present : but though he should keep the gloves,
H il 3
470 LIFE OF SIR THOMAS MORE.
he must return the gold, which he enforced her to
receive. Gresham, a suitor, sent him a present of a
gilt cup, of which the fashion pleased him : More
accepted it ; but would not do so till Gresham re-
ceived from him another cup of greater value, but of
which the form and workmanship were less suitable
to the Chancellor. It would be an indignity to the
memory of such a man to quote these facts as proofs
of his probity ; but they may be mentioned as speci-
mens of the simple and unforced honesty of one who
rejected improper offers with all the ease and plea-
santry of common courtesy.
Henry, in bestowing the great seal on More, hoped
to dispose his chancellor to lend his authority to the
projects of divorce and second marriage, which were
now agitating the King's mind, and were the main
objects of his policy.* Arthur, the eldest son of
Henry VII., having married Catharine, the daughter
of Ferdinand and Isabella, sovereigns of Castile and
Arragon, and dying very shortly after his nuptials,
Plenry had obtained a dispensation from Pope Julius
II. to enable the princess to marry her brother-in-law,
afterwards Henry YIH. ; and in this last-mentioned
union, of which the Princess Mary was the only re-
maining fruit, the parties had lived sixteen years in
apparent harmony. But in the year 1527, arose a
concurrence of events, which tried and established
the virtue of More, and revealed to the world the
depravity of his master. Henry had been touched by
the charms of Anne Boleyn, a beautiful young lady,
in her twenty-second year, the daughter of Sir Thomas
Boleyn, Earl of Wiltshire, who had lately returned
from the court of France, where her youth had been
spent. At the same moment it became the policy of
Francis I. to loosen all the ties which joined the King
* " Thomas Morus, doctrina et probitate spectabilis vir, can-
cellarius in WolsEei locum constituitur. Neutiqnam Regis causa
cp.quior." — Thuanus, Historia sui Temporis, lib. ii. c. 16.
LIFE OF SIR THOMAS MORE. 471
of England to the Emperor. Wlien the Bishop of
Tarbes, his ambassador in Enghind, found, on his
arrival in London, the growing distaste of Henry for
his inoffensive and exemplary wife, he promoted the
King's inclination towards divorce, and suggested a
marriage with Margaret, Duchess of Alen^on, the
beautiful and graceful sister of Francis I.*
At this period Henry, for the first time, professed
to harbour conscientious doubts whether the dispen-
sation of Julius 11. could suspend the obligation of the
divine prohibition pronounced against such a mar-
riage as his in theLevitical law.f The court of Rome
did not dare to contend that the dispensation could
reach the case if the prohibition were part of the
universal law of God. Henry, on the other side, could
not consistently question its validity, if he considered
the precept as belonging to merely positive law. To
this question, therefore, the dispute was confined,
though both parties shrunk from an explicit and pre-
cise avowal of their main ground. The most reason-
able solution, that it was a local and temporary law,
forming a part of the Hebrew code, might seem at
first sight to destroy its authority altogether. But if
either party had been candid, this prohibition, adopted
by all Christendom, might be justified by that general
* " Margarita, Francisci soror, spcctata^ forma; ct vcnustatis
foemina, Carolo Alencmio ducc marito paulo ante mortuo, vidua
pcrmanscrat, Ea destinata uxor Henrico : missi(jue Wol>a;us ct
Bigerronum Praisul qui dc dissolvendo matrimonio cum Gallo
agcrent. Ut Caletum appulit, Wolsajus mandatum a rcgc con-
trarium accipit, rescivitque per amicos Henricum non tarn Galli
adfinitatem quam insanum amorem, quo Annam Bolciiam pro-
sequcbatur, explere vclle." — Ibid. No trace of the latter part
api)ears in tlic State Papers just (1831) published.
t Leviticus, chap. xx. v. 22. But see iX-utcronomy, chap. xxv.
V. 5. The latter text, which allows an exception in the case of
a brother's wife being left childless, may be thought to strengthen
the prohibition in all cases not excepted. It may seem apj)li-
cable to the precise case of Henry. But the ai)i)lication of that
text is impossible ; for it contains an injunction, of which the
breach is chastised by a disgiaceful punishment.
11 H 4
472 LIFE OF SIR THOMAS MORE.
usage, in a case where it was not remarkably at vari-
ance with reason or the public welfare. But such a
doctrine would have lowered the ground of the Papal
authority too much to be acceptable to Rome, and yet,
on the other hand, rested it on too unexceptionable a
foundation to suit the case of Henry. False allega-
tions of facts in the preamble of the bull were alleged
on the same side ; but they were inconclusive. The
principal arguments in the King's favour were, that
no precedents of such a dispensation seem to have
been produced ; and that if the Levitical prohibitions
do not continue in force under the Gospel, there is
no prohibition against incestuous marriages in the
system of the New Testament. It was a disadvantage
to the Church of Rome in the controversy, that being
driven from the low ground by its supposed tendency
to degrade the subject, and deterred from the high
ground by the fear of the reproach of daring usurpa-
tion, the inevitable consequence was confusion and
fluctuation respecting the first principles on which the
question was to be determined.
To pursue this subject through the long negotia-
tions and discussions which it occasioned during six
years, would be to lead us far from our subject.
Clement VII. {Medici) had been originally inclined to
favour the suit* of Henry, according to the usual policy
of the Roman court, which sought plausible pretexts for
facilitating the divorce of kings, whose matrimonial
connections might be represented as involving the
quiet of nations. The sack of Rome, however, and his
own captivity left him full of fear of the Emperor's
power and displeasure ; it is even said that Charles V.,
who had discovered the secret designs of the English
court, had extorted from the Pope, before his release,
a promise that no attempt would be made to dis-
honour an Austrian princess by acceding to the di-
vorce.* The Pope, unwilling to provoke Henry, his
* Pallavicino, lib. ii. c. 15. f Ibid.
LIFE OF Sm THOMAS MORE. 473
powerful and generous protector, instructed Cam-
peggio to attempt, first a reconciliation between the
King and Queen ; secondly, if that failed, to endeavour
to persuade her that she ought to acquiesce in
her husband's desires, by entering into a cloister (a
proposition which seems to show a readiness in the
Roman court to waive their theological difficulties) ;
and thirdly, if neither of these attempts were success-
ful, to spin out the negotiation to the greatest length,
in order to profit by the favourable incidents which
time might bring forth. The impatience of the King
and the honest indignation of the Queen defeated these
arts of Italian policy ; while the resistance of Anne
Boleyn to the irregular gratification of the King's
desires, — without the belief of which it is impossible
to conceive the motives for his perseverance in the
pursuit of an unequal marriage, — opposed another
impediment to the counsels and contrivances of Cle-
ment, which must have surprised and perplexed a
Florentine pontiff. The proceedings, however, termi-
nated in the sentence pronounced by Cranmer annul-
ling the marriage, the espousal of Anne Boleyn by
the King, and the rejection of the Papal jurisdiction
by the kingdom, which still, however, adhered to the
doctrines of the Roman Catholic Church.
The situation of More during a great part of these
memorable events was embarrassing. The great offices
to which he had been raised by the King, the personal
favour hitherto constantly shown to him, and the
natural tendency of his gentle and quiet disposition,
combined to disincline him to resistance against the
wishes of his friendly master. On the other hand,
his growing dread and horror of heresy, with its
train of disorders; his belief that universal anarchy
would be the inevitable result of religious dissension,
and the operation of seven years' controversy on
behalf of the Catholic Church, in heating his mind
on all subjects involving the extent of her authority
made him recoil from designs which were visibly
474 LIFE OF SIR THOMAS MORE.
tending towards disunion with the Roman pontiff, —
the centre of Catholic union, and the supreme magis-
trate of the ecclesiastical commonwealth. Though
his opinions relating to the Papal authority were of a
moderate and liberal nature, he at least respected it
as an ancient and venerable control on licentious
opinions, of which the prevailing heresies attested
the value and the necessity. Though he might have
been better pleased with another determination by
the supreme pontiff, it did not follow that he should
contribute to weaken the holy see, assailed as it was
on every side, by taking an active part in resistance
to the final decision of a lawful authority. Obedience
to the supreme head of the Church in a case which
ultimately related only to discipline, appeared pecu-
liarly incumbent on all professed Catholics. But, how-
ever sincere the zeal of More for the Catholic religion
and his support of the legitimate supremacy of the
Roman see undoubtedly were, he was surely influ-
enced at the same time by the humane feelings of his
just and generous nature, which engaged his heart to
espouse the cause of a blameless and wronged prin-
cess, driven from the throne and the bed of a tyran-
nical husband. Though he reasoned the case as a
divine and a canonist, he must have felt it as a man ;
and honest feeling must have glowed beneath the
subtleties and formalities of doubtful and sometimes
frivolous disputations. It was probably often the
chief cause of conduct for which other reasons might
be sincerely alleged.
In steering his course through the intrigues and
passions of the court, it is very observable that More
most warily retired from every opposition but that
which Conscience absolutely required : he shunned
unnecessary disobedience as much as unconscientious
compliance. If he had been influenced solely by
prudential considerations, he could not have more
cautiously shunned every needless opposition ; but in
LIFE OF SIR TII0:MAS MORE. 47o
that case he ■would not have gone so far. He dis-
played, at the time of which we now speak, that very-
peculiar excellence of his character, which, as it
showed his submission to be the fruit of sense of
duty, gave dignity to that which in others is apt to
seem, and to be slavish. His anxiety had increased
with the approach to maturity of the King's projects
of divorce and second marriage. Some anecdotes of
this period are preserved by the affectionate and de-
scriptive pen of Margaret Eoper's husband, which, as
he evidently reports in the chancellor's language, it
would be unpardonable to relate in any other words
than those of the venerable man himself. Eoper, in-
deed, like another Plutarch, consults the unrestrained
freedom of his story by a disregard of dates, which,
however agreeable to a general reader, is sometimes
unsatisfactory to a searcher after accuracy. Yet his
otiice in a court of law, where there is the strongest
inducement to ascertain truth, and the largest expe-
rience of the means most effectual for that purpose,
might have taught him the extreme importance of
time as well as place in estimating the bearing and
weight of testimony.
" On a time, walking ^vith me along the Thames'
side at Chelsea, he said unto me, ' Now would to our
Lord, son Roper, upon .condition that three things
were well established in Christendom, I were put
into a sack, and were presently cast into the Thames.'
— 'AMiat great things be those, sir?' quoth I, 'that
should move you so to wish.' — 'In faith, son, they
be these,' said he. 'The^r^^ is, that whereas the
most part of Christian princes be at mortal war, they
were all at universal peace. The second, that where
the Church of Christ is at present sore afflicted with
many errors and heresies, it were well settled in per-
fect uniformity of religion. The third, that as the
matter of the King's marriage is now come in question,
it were, to the glory of God and quietness of all par-
476 LIFE OF SIR THOMAS MORE.
ties, brought to a good conclusion.'"* On another
occasion f, "before the matrimony was brought in
question, when I, in talk with Sir Thomas More (of a
certain joy), commended unto him the happy estate
of this realm, that had so catholic a prince, so grave
and sound a nobility, and so loving, obedient sub-
jects, agreeing in one faith. * Truth it is, indeed, son
Roper ; and yet I pray God, as high as we sit upon
the mountains, treading heretics under our feet like
ants, live not the day that we gladly would wish
to be at league and composition with them, to let
them have their churches, so that they would be
contented to let us have ours quietly.' I answered,
*By my troth, it is very desperately spoken.' He,
perceiving me to be in ^fume, said merrily, — ' Well,
well, son Roper, it shall not be so.' Whom," con-
cludes Roper, "in sixteen years and more, being in
his house, conversant with him, I never could per-
ceive him as much as once in a fume." Doubtless
More was somewhat disquieted by the reflection, that
some of those who now appealed to the freedom of
his youthful philosophy against himself would speedily
begin to abuse such doctrines by turning them against
the peace which he loved, — that some of the spoilers
of Rome might exhibit the like scenes of rapine and
blood in the city which was his birth-place and his
dwelling-place : yet, even then, the placid mien, which
had stood the test of every petty annoyance for six-
teen years, was unruffled by alarms for the impending
fate of his country and of his religion.
Henry used every means of procuring an opinion
favourable to his wishes from his chancellor, who,
however, excused himself as unmeet for such matters,
having never professed the study of divinity. But
* The description of the period appears to suit the year 1529,
before the peace of Cambray and the recall of the legate Cam-
peggio.
f Probably in the beginning of 1527, after the promotion of
More to be chancellor of the duchy of Lancaster.
LIFE OF SIR THOMAS MORE. 477
the King " sorely " pressed him *, and never ceased
urging him until he had promised to give his consent,
at least, to examine the question, conjointly with his
friend Tunstall and other learned divines. This ex-
amination over, More, with his wonted ingenuity and
gentleness, conveyed the result to his master. " To
be plain with your grace, neither your bishops, wise
and virtuous though they be, nor myself, nor any
other of your council, by reason of your manifold
benefits bestowed on us, are meet counsellors for your
grace herein. If you mind to understand the truth,
consult St. Jerome, St. Augustin, and other holy doc-
tors of the Greek and Latin churches, who will not
be inclined to deceive you by respect of their own
worldly commodity, or by fear of your princely dis-
pleasure." f Though the King did not like what
" was disagreeable to his desires, yet the language of
More was so wisely tempered, that for the present he
took it in good part, and oftentimes had conferences
with the chancellor thereon." The native meekness
of More was probably more effectual than all the arts
by which courtiers ingratiate themselves, or insinuate
unpalatable counsel.
Shortly after, the King again moved him to weigh
and consider the great matter : the chancellor fell
down on his knees, and reminding Henry of his own
words on delivering the great seal, which were, —
"First look upon God, and after God upon me,"
added, that nothing had ever so pained him as that
he was not able to serve him in that matter, without
a breach of that original injunction. The King said
he was content to continue his favour, and never with
that matter molest his conscience afterwards ; but
when the progress towards the marriage was so far
advanced that the chancellor saw how soon his active
co-operation must be required, he made suit to his
" singular dear friend," the Duke of Norfolk, to pro-
* Roper, p. 32. t Ropcr, p. 48.
478 LIFE OF SIR THOMAS 3I0RE.
cure his discharge from office. The duke, often soli-
cited by More, then obtained, by importunate suit, a
clear discharge for the chancellor ; and upon the re-
pairing to the King, to resign the great seal into his
hands, Henry received him with thanks and praise for
his worthy service, and assured him, that in any suit
that should either concern his honour or appertain
unto his profit, he would show himself a good and
gracious master to his faithful servant. He then
further directed Norfolk, when he installed his suc-
cessor, to declare publicly, " that his majesty had with
pain yielded to the prayers of Sir Thomas More, by
the removal of such a magistrate." *
At the time of his resignation More asserted, and
circumstances, without reference to his character, de-
monstrate the truth of his assertion, that his whole
income, independent of grants from the crown, did
not amount to more than 50/. yearly. This was not
more than an eighth part of his gains at the bar and
his judicial salary from the city of London taken
together ; — so great was the proportion in which his
fortune had declined during eighteen years of employ-
ment in ofiSces of such trust, advantage, and honour, f
In this situation the clergy voted, as a testimonial of
their gratitude to him, the sum of 5000/., which, ac-
cording to the rate of interest at that time, would
have yielded him 500/. a year, being ten times the
yearly sum which he could then call his own. But
good and honourable as he knew their messengers, of
whom Tunstall was one, to be, he declared, " that he
would rather cast their money into the sea than take
it ; " — not speaking from a boastful pride, most foreign
from his nature, but shrinking with a sort of instinc-
tive delicacy from the touch of money, even before he
considered how much the acceptance of the gift might
impair his usefulness.
* " Honorifice jussit rex de me testatum reddere quod segr^
ad preces meas me demiserit." — More to Erasmus.
f Apology, chap. x.
LIFE OF SIR THO^IAS MO.IE. 479
His resources were of a nobler nature. The sim-
plicity of his tastes and the moderation of his indul-
gences rendered retrenchment a task so easy to him-
self, as to be scarcely perceptible in his personal
habits. His fool or jester, then a necessary part of a
great man's establishment, he gave to the lord mayor
for the time being. His first care was to provide for
his attendants, by placing his gentlemen and yeomen
with peers and prelates, and his eight watermen in
the service of his successor Sir T. Audley, to whom
he gave his great barge, — one of the most indis-
pensable appendages of his ofiice in an age when car-
riages were unknown. His sorrows were for separa-
tion from those whom he loved. He called together
his children and grandchildren, who had hitherto
lived in peace and love under his patriarchal roof,
and, lamenting that he could not, as he was wont, and
as he gladly would, bear out the whole charges of
them all himself, continue living together as they
were wont, he prayed them to give him their counsel
on this trying occasion. When he saw them silent,
and unwilling to risk their opinion, he gave them his,
seasoned with his natural gaiety, and containing some
strokes illustrative of the state of society at that time :
— '•! have been brought up," quoth he, "at Oxford,
at an inn of chancery, at Lincoln's Inn, and also in
the king's court, from the lowest degree to the highest,
and yet I have at present left me little above 100/. a
year" (including the king's grants); "so that now if
we like to live together we must be content to be con-
tributaries together ; but we must not fall to tlic
lowest fare first: — we will begin with Lincoln's Inn
diet, where many right worshipful and of good years
do live full well; which, if we find not ourselves the
first year able to maintain, then will we the next year
go one step to New Inn fare : if that year exceed our
ability, we will the next year descend to Oxford faro,
where many grave, learned, and ancient fathers are
continually conversant. If our ability stretch not to
480 LIFE OF SIR THOMAS MORE.
maintain either, then may we yet with bags and
wallets go a begging together, and hoping for charity
at every man's door, to sing Salve regina ; and so still
keep company and be merry together."* On the
Sunday following his resignation, he stood at the door
of his wife's pew in the church, where one of his
dismissed gentlemen had been used to stand, and
making a low obedience to Alice as she entered,
said to her with perfect gravity, — " Madam, my lord
is gone." He who for seventeen years had not raised
his voice in displeasure, could not be expected to
sacrifice the gratification of his innocent merriment to
the heaviest blows of fortune.
Nor did he at fit times fail to prepare his beloved
children for those more cruel strokes which he began
to foresee. Discoursing with them, he enlarged on
the happiness of suffering, for the love of God, the
loss of goods, of liberty, of lands, of life. He would
further say unto them, " that if he might perceive his
wife and children would encourage him to die in a
good cause, it should so comfort him, that for very
joy, it would make him run merrily to death."
It must be owned that Henry felt the weight of
this great man's opinion, and tried every possible
means to obtain at least the appearance of his spon-
taneous approbation. Tunstall and other prelates were
commanded to desire his attendance at the coronation
of Anne at Westminster. They wrote a letter to per-
suade him to comply, and accompanied it with the
needful present of 20Z. to buy a court dress. Such
overtures he had foreseen ; for he said some time be-
fore to Roper, when he first heard of that marriage,
" God grant, son Roper, that these matters within a
while be not confirmed with oaths ! " He accordingly
answered his friends the bishops well: — "Take heed,
my lords : by procuring your lordships to be present
at the coronation, they will next ask you to preach
* Roper, pp. 51, 52.
LIFE OF SIR THO^ilAS MORE. 481
for the setting forth thereof; and finally to -write
books to all the world in defence thereof."
Another opportunity soon presented itself for try-
ing to subdue the obstinacy of jMore, -whom a man of
violent nature might believe to be fearful, because he
was peaceful. Elizabeth Barton, called "the holy
maid of Kent," who had been, for a considerable
number of years, afflicted by convulsive maladies,
felt her morbid susceptibility so excited by Henry's
profane defiance of the Catholic Church, and his
cruel desertion of Catharine, his faithful wife, that her
pious and humane feelings led her to represent, and
probably to believe, herself, to be visited by a divine
revelation of those punishments which the King was
about to draw down on himself and on the kingdom.
In the universal opinion of the sixteenth century, such
interpositions were considered as still occurring. The
neighbours and visiters of the unfortunate young
woman believed her ravings to be prophesies, and
the contortions of her body to be those of a frame
heavin": and struggling under the awful agitations of
divine inspiration, and confirmed that conviction of a
mission from God, for which she was predisposed by
her own pious benevolence, combined with the general
error of the age. Both Fisher and iSIore appear not
to have altogether disbelieved her pretensions : More
expressly declared that he durst not and would not be
bold in judging her miracles.* In the beginning of
her prophecies, the latter had been commanded by the
King to enquire into her case ; and he made a report
to Henry, who agreed with him in considering the
whole of her miraculous pretensions as frivolous, and
deserving no farther regard. But, in 1532, several
monks f so magnified her performances to More, that
he was prevailed on to see her ; but refused to hear
her speak about the King, saying to her, in general
• Letter to Cromwell, probably ^vritten in the end of 1 532.
f Of whom some were afterwards executed.
VOL. L II
482 LIFE OF SIR THOMAS MORE.
terms, that he had no desire to pry into the con-
cerns of others. Pursuant, as it is said, to a sentence
by or in the Star Chamber, she stood in the pillory at
Paul's Cross, acknowledging herself to be guilty of
the imposture of claiming inspiration, and saying that
she was tempted to this fraud by the instigation of the
devil. Considering the circumstances of the case, and
the character of the parties, it is far more probable
that the ministers should have obtained a false con-
fession from her hopes of saving her life, than that
a simple woman should have contrived and carried on,
for many years, a system of complicated and elaborate
imposture. It would not be inconsistent with this
acquittal, to allow that, in the course of her self-
delusion, she should have been induced, by some
ecclesiastics of the tottering Church, to take an active
part in these pious frauds, which there is too much
reason to believe that persons of unfeigned religion
have been often so far misguided by enthusiastic zeal,
as to perpetrate or to patronise. But whatever were
the motives or the extent of the " holy maid's " con-
fession, it availed her nothing ; for in the session of
parliament, which met in January, 1534, she and her
ecclesiastical prompters were attainted of high trea-
son, and adjudged to suffer death as traitors. Fisher,
Bishop of Rochester, and others, were attainted of
misprision, or concealment of treason, for which they
were adjudged to forfeiture and imprisonment during
the King's pleasure.* The "holy maid," with her
spiritual guides, suffered death at Tyburn on the 21st
of April ; she confirming her former confession, but
laying her crime to the charge of her companions, if
we may implicitly believe the historians of the vic-
torious party. |
Fisher and his supposed accomplices in misprision
remained in prison according to their attainder. Of
More the statute makes no mention ; but it contains
* 25 H. 8. c. 12. t Such as Hall and Kolinshed.
LIFE OF SIR THOMAS MORE. 483
a provision which, "when it is combined with other
circumstances to be presently related, appears to have
been added to the bill for the purpose of providing for
his safety. By this provision, the King's majesty, at
the humble suit of his well beloved wife Queen Anne,
pardons all persons not expressly by name attainted
by the statute, for all misprision and concealments re-
lating to the fiilse and feigned miracles and prophecies
of Elizabeth Barton, on or before the 20th day of
October, 1533. Now we are told by Roper* "that
Sir Thomas ]More's name was originally inserted in
the bill," the King supposing that this bill would " to
Sir Thomas More be so troublous and terrible, that
it would force him to relent and condescend to his re-
quest ; wherein his gra<je was much deceived." More
was personally to have been received to make answer
in his own defence : but the King, not liking that,
sent the Archbishop of Canterbury, the Chancellor,
the Duke of Norfolk, and Cromwell, to attempt his
conversion. Audley reminded More of the King's
special favour and many benefits: More admitted
them ; but modestly added, that his highness had most
graciously declared that on this matter he should be
molested no more. When in the end they saw that no
persuasion could move him, they then said, " that the
King's highness had given them in commandment, if
they could by no gentleness win him, in the King's
name with ingratitude to charge him, that never was
servant to his master so villainous f, nor subject to his
prince so traitorous as he." They even reproached
him for bavins either written in the name of his
* P. 62.
t Like a slave or a villain. The word in the mouth of these
tjentlcnien appears to have been in a state of transition, about
the middle point between the orifrinal sense of " like a shive,"
and its modern acceptation of mean or malijrnant offenders.
What proof is not supjilicd by this single fact in the history of
the lanj^uage of the masters, of their conviction, that the slavery
maintained by them doomed the slaves to depravity !
II 2
484 LIFE OF SIR THOaiAS MORE.
master, or betrayed liis sovereign into writing, the
book against Luther, which had so deeply pledged
Henry to the support of Papal pretensions. To these
upbraidings he calmly answered : — " The terrors are
arguments for children, and not for me. As to the
fact, the king knoweth, that after the book was
finished by his highness's appointment, or the consent
of the maker, I was only a sorter out and placer of
the principal matters therein contained." He added,
that he had warned the King of the prudence of
'•touching the pope's authority more slenderly, and
that he had reminded Henry of the statutes of pre-
munire,^^ whereby " a good part of the pope's pastoral
care was pared away;" and that impetuous monarch
nad answered, "We are so much bounden unto the
see of Rome, that we cannot do too much honour unto
it." On More's return to Chelsea from his interview
with these lords, Roper said to him : — "I hope all is
well, since you are so merry?" — "It is so, indeed,"
said More, "I thank God." — "Are you, then, out of
the parliament bill ? " said Roper. — " By my troth, I
never remembered it ; but," said More, " I will tell
thee why I was so merry ; because I had given the
devil a foul fall, and that with those lords I had gone
so far, as without great shame I can never go back
again." This frank avowal of the power of tempta-
tion, and this simple joy at having at the hazard of
life escaped from the farther seductions of the court,
bestows a greatness on these few and familiar words
which scarcely belongs to any other of the sayings of
man.
Henry, incensed at the failure of wheedling and
threatening messages, broke out into violent declara-
tions of his resolution to include More in the attainder,
and said that he should be personally present to en-
sure the passing of the bill. Lord Audley and his
colleasrues on their knees besouorht their master to
forbear, lest by an overthrow in his own presence,
he might be contemned by his own subjects, and dis-
LIFE OF SIR THOMAS MORE. 485
honoured throughout Christendom for ever ; — adding,
that they doubted not that they should find a more
meet occasion "to serve his turn ;" for that in this case
of the nun he was so clearly innocent, that men deemed
him far worthier of praise than of reproof. Ilenrj
was compelled to yield.* Such was the power of de-
fenceless virtue over the slender remains of independ-
ence among slavish peers, and over the lingering
remnants of common humanity which might still be
mingled with a cooler policy in the bosoms of subser-
vient politicians. One of the worst of that race,
Thomas Cromwell, on meeting Roper in the Parliament
House next day after the King assented to the prayer
of his ministers, told him to tell More that he was put
out of the bill. Koper sent a messenger to Margaret
Roper, who hastened to her beloved father \yith the
tidinjxs. More answered her, with his usual naiety
and fondness, " In faith, INIegg, what is put oft' is not
given up." f Soon after, the Duke of Norfolk said to
him, — " By the mass ! Master More, it is perilous
striving with princes ; the anger of a prince brings
death." — " Is that all, my lord ? then the difterence
between you and me is but this, — that I shall die to-day^
and rjoit to-morrow." No life in Plutarch is more full
of happy sayings and striking retorts than that of
More ; but the terseness and liveliness of his are justly
overlooked in the contemplation of that union of per-
fect simplicity Avith moral grandeur, which, perhaps,
no other human being has so uniformly reached.
By a tyrannical edict, miscalled " a law," in the
* The House of Lords addressed the King, praying him to
declare whether it would be agreeable to his pleasure that Sir
Thomas More and others slwuld not be heard in their own de-
fence before " the lords in the royal senate called the Stere
Chamber." Nothing more appears on the Journals relating to
this matter. Lords' Journals, 6th March, 1533. The Journals
prove the nan-ative of Roper, from which the text is composed,
to be as accurate as it is beautiful.
f lie spoke to her in his conversational Latin, — " Quod dif-
fcrtur nan auf-rtur."
I I 3
486 LIFE OF SIR THOMAS MORE.
same session of 1533-4, it was made high treason,
after the 1st of May, 1534, by writing, print, deed, or
act, to do or to procure, or cause to be done or pro-
cured, any thing to the prejudice, slander, disturbance,
or derogation of the King's lawful matrimony with
Queen Anne. If the same offences should be com-
mitted by words, they were to be only misprision. The
same act enjoined all persons to take an oath to main-
tain its whole contents ; and an obstinate refusal to
make such oath was subjected to the penalties of mis-
prision. No form of the oath was enacted, but on the
30th of March*, 1534, which was the day of closing
the session, the Chancellor Audley, when the commons
were at the bar, but when they could neither deHbe-
rate nor assent, read the King's letters patent, contain-
ing one, and appointing the Archbishop of Canterbury,
the Chancellor, the Dukes of Norfolk and Suffolk, to
be commissioners for administering it.
More was summoned to appear before these com-
missioners at Lambeth, on Monday the 13th of April.
On other occasions he had used, at his departure
from his wife and children, whom he tenderly loved,
to have them brought to his boat, and there to kiss
them, and bid them all farewell. At this time he
would suffer none of them to follow him forth of the
gate, but pulled the wicket after him, and shut them
all from him, and with Roper and four servants took
boat towards Lambeth. He sat for a while ; but at
last, his mind being lightened and relieved by those
high principles to which with him every low consider-
ation yielded, whispered : — " Son Roper ! I thank our
Lord, the field is won." — "As I conjectured," says
Roper, " it was for that his love to God conquered his
carnal affections." What follows is from an account
of his conduct during the subsequent examination
at Lambeth sent to his darling child, Margaret
Roper. After having read the statute and the form
* Lords' Journals, vol. i. p. 82.
LIFE OF SIR THOMAS MORE. 487
of the oath, he declared his readiness to swear that he
would maintain and defend the order of succession to
the cro^vn as established by parliament. He dis-
claimed all censure of those who had imposed, or on
those who had taken, the oath, but declared it to
be impossible that he could swear to the whole con-
tents of it, without offending against his own con-
science ; adding, that if they doubted whether his
refusal proceeded from pure scruple of conscience or
from his own phantasies, he was willing to satisfy
their doubts by oath. The commissioners urged that
he was the first who refused it ; they showed him the
subscriptions of all the lords and commons who had
sworn ; and they held out the King's sure displeasure
against him should he be the single recusant. When
he was called on a second time, they charged him
with obstinacy for not mentioning any special part of
the oath which wounded his conscience. He answered,
that if he were to open his reasons for refusal farther,
he should exa^erate the King still more : he offered,
however, to assign them if the lords would procure
the King's assurance that the avowal of the grounds
of his defence should not be considered as offensive to
the King, nor prove dangerous to himself. The com-
missioners answered that such assurances would be no
defence against a legal charge : he offered, however, to
trust himself to the King's honour. Cranmer took
some advantage of More's candour, urging that, as he
had disclaimed all blame of those who had sworn, it
was evident that he thought it only doubtful whether
the oath was unlawful ; and desired him to consider
whether the obligation to obey the King was not abso-
lutely certain. More was struck with the subtilty of
this reasoning, which took him by surprise. — but not
convinced of its solidity : notwithstanding his surprise,
he seems to have almost touched upon the true answer,
that as the oath contained a profession of opinion, —
such, for example, as the lawfulness of the King's
marriage, on which men might differ, — it might be
I I 4
488 LIFE OF SIR THOMAS MORE.
declined by some and taken by others with equal
honesty. Cromwell, whom More believed to favour
him, loudly swore that he would rather see his only
son had lost his head than that More had thus refused
the oath ; he it was who bore the answer to the King,
the Chancellor Audley distinctly enjoining him to
state very clearly More's willingness to swear to the
succession. " Surely," said More, " as to swearing to
the succession, I see no peril." Cromwell was not a
good man ; but the gentle virtue of More subdued
even the bad. To his own house More never more
returned, being on the same day committed to the cus-
tody of the Abbot of Westminster, in which he con-
tinued four days; and at the end of that time, on
Friday the 17th, he was conveyed to the Tower.*
Soon after the commencement of the session, which
began on the 3d of November following^, an act was
passed which ratified, and professed to recite, the form
of oath promulgated on the day of the prorogation ;
and enacted that the oath therein recited should be
reputed to be the very oath intended by the former
act % ; though there were, in fact, some substantial and
important interpolations in the latter act ; — such as
the words "most dear and entirely beloved, lawful
wife. Queen Anne," which tended to render that form
still less acceptable than before, to the scrupulous con-
sciences of More and Fisher. Before the end of the
same session two statutes § were passed, attainting
* Roper tells us that the King, who had intended to desist
from his importunities, was exasperated by Queen Anne's cla-
mour to tender the oath at Lambeth ; but he detested that un-
happy lady, whose marriage was the occasion of More's ruin :
and though Roper was an unimpeachable witness relating to Sir
Thomas's con versation, he is of less weight as to what passed in
the interior of the palace. The ministers might have told such
a story to excuse themselves to Roper: Anne could have had
no opportunity of contradiction.
t 26 H. VIII. c. 2.
X 25 Id. c. 22. § 9. Comdare Lords'Journals, vol. i. p. 82.
§ 26 H. Vin. c. 22, 23.
LIFE OF SIK TCOMAS MORE. 489
More and Fisher of misprision of treason, and specify-
ing the punishment to be imprisonment of body and
loss of goods. By that which relates to More, the
King's grants of land to him in 1523 and 1525 are
resumed ; it is also therein recited that he refused the
oath since the 1st of May of 1534, with an intent to
sow sedition ; and he is reproached for having de-
meaned himself in other respects ungratefully and
unkindly to the King, his benefactor.
That this statement of the legislative measures
which preceded it is necessary to a consideration of
the legality of More's trial, which must be owned to
be a part of its justice, will appear in its proper place.
In the mean time, the few preparatory incidents which
occurred during thirteen months' imprisonment, must
be briefly related. His wife Alice, though an excel-
lent housewife, yet in her visits to the Tower handled
his misfortunes and his scruples too roughly. " Like
an ignorant, and somewhat worldly, woman, she bluntly
said to him, — 'How can a man taken for wise, like
you, play the fool in this close filthy prison, when you
might be abroad at your liberty, if you would but do
as the bishops have done?'" Sh» enhirged on his fair
house at Chelsea — "his library, gallery, garden, and
orchard, together with tlie company of his wife and
children." He bore with kindness in its most unpleas-
ing form, and answered her cheerfully after his manner,
which was to blend religious feelings with quaintness
and liveliness: — "Is not this house as nigh heaven as
mine own ? " She answered liim in what then appears
to have been a homely exclamation of contempt*,
" Tilly valle, tilly valh:'] He treated her harsh
language as a wholesome exercise for his patience,
and replied with equal mildness, though with more
gravity, "Why should I joy in my gay house, when,
if I should rise from the grave in seven years, I
should not fail to find some one there who would bid
* Roper, p. 78. f Narcs's Glossan', London, 1822,
490 LIFE OF SIR THOMAS 3I0RE.
me to go out of doors, for it was none of mine ? " It
was not thus that his Margaret Roper conversed or
corresponded with him during his confinement. A
short note written to her a little while after his com-
mitment, with a coal (his only pen and ink) begins,
"Mine own good daughter," and is closed in the fol-
lowing fond and pious words: — "Written with a coal,
by your tender loving father, who in his poor prayers
forgetteth none of you, nor your babes, nor your
good husband, nor your father's shrewd wife neither."
Shortly after, mistaking the sense of a letter from her
which he thought advised him to compliance, he wrote
a rebuke of her supposed purpose, with the utmost
vehemence of aifection, and the deepest regard to her
judgment! — "I hear many terrible things towards
me ; but they all never touched me, never so near, nor
were they so grievous unto me as to see you, my well
beloved child, in such a piteous and vehement manner,
labour to persuade me to a thing whereof I have of
pure necessity, for respect unto myne own soul, so
often given you so precise an answer before. The
matters that move my conscience I have sundry times
shown you, that I will disclose them to no one."*
Margaret's reply was worthy of herself : she acquiesces
in his " faithful and delectable letter, the faithful mes-
senger of his virtuous mind," and almost rejoices in
his victory over all earthborn cares ; — concluding thus :
— " Your own most loving obedient daughter and
bedeswomanf , Margaret Roper, who desireth above all
worldly things to be in John Wood's J stede to do you
some service." After some time pity prevailed so far
that she obtained the King's licence to resort to her
father in the Tower. On her first visit, after gratefully
performing their accustomed devotions, his first care
was to soothe her afflicted heart by the assurance that
* English Works, vol. i. p. 1430.
f His waiting-man, Ibid. p. 1431, Bedesman — one who prays
for another.
J Roper, p. 72.
LIFE OF SIR THOMAS MORE. 491
he saw no cause to reckon himself in worse case there
than in his own house. On another occasion he asked
her how Queen Anne did ? " In faith, father," said
she, " never better." — " Never better, Megg ! " quoth
he ; " aLas ! Megg, it pitieth me to remember into
what misery, poor soul, she shall shortly come." Va-
rious attempts continued still to be made to cajole
him ; partly, perhaps, with the hope that his inter-
course with the beloved Margaret might have softened
him. Cromwell told him that the Kinjr was still his
good master, and did not wish to press his conscience.
The lords commissioners went twice to the Tower to
tender the oath to him : but neither he nor Fisher
would advance farther than their original declaration
of perfect willingness to maintain the settlement of
the crowTi, which, being a matter purely political, was
within the undisputed competence of parliament.
They refused to include in their oath any other matter
on account of scruples of conscience, which they for-
bore to particularise, lest they might thereby furnish
their enemies with a pretext for representing their
defence as a new crime. A statement of their real
ground of objection, — that it would be insincere in
them to declare upon oath, that they believed the
King's marriage with Anne to be lawful, — might, in
defending themselves against a charge of misprision ot
treason, have exposed them to the penalties of high
treason.
Two difficulties occurred in reconciling the destruc-
tion of the victim with any form or colour of law.
The first of them consisted in the circumstance that
the naked act of refusing the oath was, even by the
late statute, punishable only as a misprision ; and
though concealment of trea.-on was never expressly
declared to be only a misprision till the statute to that
effect was passed under Philip and ^lary*, — chiefly
perhaps occasioned by the case of oMore, — yet it
* 1 & 2 PhiL and Mar. c. 10.
492 LIFE OF SIR THOMAS MORE.
seemed strange thus to prosecute him for the refusal,
as an act of treason, after it had been positively made
punishable as a misprision by a general statute and
after a special act of attainder for misprision had been
passed against him. Both these enactments were, on
the supposition of the refusal being indictable for
treason, absolutely useless, and such as tended to
make More believe that he was safe as long as he
remained silent. The second has been already in-
timated, that he had yet said nothing which could be
tortured into a semblance of those acts derogatory
to the King's marriage, which had been made
treason. To conquer this last difficulty, Sir Robin
Rich, the solicitor-general, undertook the infamous
task of betraying More into some declaration, in a con-
fidential conversation, and under pretext of familiar
friendship, which might be pretended to be treason-
able. What the success of this flagitious attempt
was, the reader will see in the account of More's trial.
It appears from a letter of Margaret Roper, apparently
written sometime in the winter, that his persecutors
now tried another expedient for vanquishing his con-
stancy, by restraining him from attending church ;
and she adds, " from the company of my good mother
and his poor children." * More, in his answer, ex-
presses his wonted affection in very familiar, but in
most significant, language : — " If I were to declare in
writing how much pleasure your daughterly loving
letters gave me, a peck of coals would not suffice to
make the pens." So confident was he of his inno-
cence, and so safe did he deem himself on the side of
law, that "he believed some new causeless suspicion,
founded upon some secret sinister information," had
risen up against him.*!*
On the 2d or 3d of May, 1535, More informed his
dear daughter of a visit from Cromwell, attended by
the attorney and solicitor-general, and certain civi-
* English Works, vol. i. p. 1446. f Ibid. p. 1447.
LIFE OF SIR THOJIAS MORE. 493
lians, at wliich Cromwell had urged to him the statute
Tvhich made the King head of the Church, and re-
quired an answer on that subject ; and that he liad
replied: — "I am the King's true faithful subject, and
daily bedesman : I say no harm ; and do no harm ;
and if this be not enough to keep a man alive, in good
faith I long not to live." This ineffectual attempt was
followed by a another visit from Cranmer, the Chan-
cellor, the Duke of Suffolk, the Earl of Wiltshire,
and Cromwell, who, after much argument, tendered
an oath, by which he was to promise to make an-
swers to questions which they might put* ; and on his
decisive refusal, Cromwell gave him to understand
that, agreeably to the language at the former confer-
ence, " his grace would follow the course of his laws
towards such as he should find obstinate." Cranmer,
who too generally complied with evil counsels, but
nearly always laboured to prevent their execution,
wrote a persuasive letter to Cromwell, earnestly pray-
ing the King to be content with More and Fisher's
proffered engagement to maintain the succession,
which would render the whole nation unanimous on
the practical part of that great subject.
On the 6th of the same month, almost immediately
after the defeat of every attempt to practise on his
firmness. More was brought to trial at Westminster ;
and it will scarcely be doubted, that no such culprit
stood at any European bar for a thousand years. It
is rather from caution than from necessity that the
ages of Roman domination are excluded from the
comparison. It does not seem that in any moral re-
spect Socrates himself could claim a superiority. It
is lamentable that the records of the proceedings
against such a man should be scanty. We do not
certainly know the specific offence of which he was
convicted. There does not seem, however, to be much
doubt that the prosecution was under the act " for the
♦ Ibid. p. 1452.
494 I-IFE OF SIR THOMAS MORE.
establishment of the king's succession," passed in the
session 1533-4*, whicli made it high treason "to do
any thing to the prejudice, slander, disturbance, or
derogation of the lawful marriage" between Henry
and Anne. Almost any act, done or declined, might
be forced within the undefined limits of such vague
terms. In this case the prosecutors probably repre-
sented his refusal to answer certain questions which,
according to them, must have related to the marriage,
his observations at his last examination, and especially
his conversation with Rich, as overt acts of that trea-
son, inasmuch as it must have been known by him
that his conduct on these occasions tended to create a
general doubt of the legitimacy of the marriage.
To the first alleged instance of his resistance to the
King, which consisted in his original judgment against
the marriage, he answered in a manner which rendered
reply impossible ; — " that it could never be treason for
one of the King's advisers to give him honest advice."
On the like refusal respecting the King's headship of
the Church, he answered that "no man could be pu-
nished for silence." The attorney-general said, that
the prisoner's silence was "malicious:" More justly
answered, that " he had a right to be silent where his
language was likely to be injuriously misconstrued."
Respecting his letters to Bishop Fisher, they were
burnt, and no evidence was oifered of their contents,
which he solemnly declared to have no relation to the
charges. And as to the last charge, that he had called
fhe Act of Settlement " a two-edged sword, which
would destroy his soul if he complied with it, and his
body if he refused," it was answered by him, that " he
supposed the reason of his refusal to be equally good,
whether the question led to an offence against his con-
science, or to the necessity of criminating himself."
Cromwell had before told him, that though he was
suffering perpetual imprisonment for the misprision,
* 25 H. VIII. c. 22.
LIFE OF Sm TH03IAS MORE. 495
that punishment did not release him from his allegi-
ance, and that he was amenable to the law for treason ;
— overlookincr the essential circumstances, that the
facts laid as treason were the same on which the
attainder for misprision was founded. Even if this
were not a strictly maintainable objection in technical
law, it certainly showed the flagrant injustice of the
whole proceeding.
The evidence, however, of any such strong circum-
stances attendant on the refusal as could raise it into
an act of treason must have seemed defective ; for the
prosecutors were reduced to the necessity of examin-
ing Rich, one of their own number, to prove circum-
stances of which he could have had no knowledge,
without the foulest treachery on his part. He said,
that he had gone to More as a friend, and had asked
him, if an act of parliament had made him. Rich, king,
would not he. More, acknowledge him. More had
said, "Yes, sir, that I would." — "If they declared
me pope, would you acknowledge me ? " — " In the
first case, I have no doubt about temporal govern-
ments ; but suppose the parliament should make a law
that God should not be God, would you then, Mr.
Rich, say that God should not be God ? " — " No," says
Rich, " no parliament could make such a law." Rich
went on to swear, that More had added, " No more
could the parliament make the King supreme head of
the Church." More denied the latter part of Rich's
evidence altogether ; which is, indeed, inconsistent
with the whole tenour of his language : he was then
compelled to expose the profligacy of Rich's character.
" I am," he said, " more sorry for your perjury, than
for mine own peril. Neither I, nor any man, ever
took you to be a person of such credit as I could com-
municate with on such matters. We dwelt near in
one parish, and you were always esteemed very light
of your tongue, and not of any commendable fame.
Can it be likely to your lordships that I should so un-
advisedly overshoot myself, as to trust Mr. Rich with
496 LIFE OF SIR THOMAS MORE.
what I have concealed from the King, or any of his
noble and grave counsellors ? " The credit of Rich
was so deeply wounded, that he was compelled to call
Sir Richard Southwell and Mr. Palmer, who were
present at the conversation, to prop his tottering evi-
dence. They made a paltry excuse, by alleging that
they were so occupied in removing More's books, that
they did not listen to the words of this extraordinary
conversation.
The jury*, in spite of all these circumstances, re-
turned a verdict of " guilty." Chancellor Audley, who
was at the head of the commission, of which Spelman
and Fitzherbert, eminent lawyers, were members, was
about to pronounce judgment, when he was inter-
rupted by More, who claimed the usual privilege of
being heard to show that judgment should not be
passed. More urged, that he had so much ground
for his scruples as at least to exempt his refusal from
the imputation of disaffection, or of what the law
deems to be malice. The chancellor asked him once
more how his scruples could balance the weight of the
parliament, people, and Church of England? — a topic
which had been used against him at every interview
and conference since he was brought prisoner to
Lambeth. The appeal to weight of authority in-
fluencing Conscience was, however, singularly un-
fortunate. More answered, as he had always done,
" Nine out of ten of Christians now in the world think
with me ; nearly all the learned doctors and holy
fathers who are already dead, agree with me ; and
therefore I think myself not bound to conform my
conscience to the councell of one realm against the
general consent of all Christendom." Chief Justice
Fitzjames concurred in the sufficiency of the indict-
* Sir T. Palmer, Sir T. Bent, G. Lovell, esquire, Thomas Bur-
bagc, esquire, and G. Chamber, Edward Stockmore, William
Brown, Jasper Leake, Thomas Belli ngton, John Parnell, Richard
Bellamy, and G. Stoakes, gentlemen, were the jury.
LIFE OF SIR THOMAS MORE. 497
ment ; which, after the verdict of the jury, was the
only matter before the court.
The chancellor then pronounced the savage sen-
tence which the law then directed in cases of treason.
More, having no longer any measures to keep, openly
declared, that after seven years' study, " he could find
no colour for holding that a layman could be head of
the Church." The commissioners once more offered
him a favourable audience for any matter which he
had to propose. — " More have I not to say, my lords,"
he replied, " but that as St. Paul held the clothes of
those who stoned Stephen to death, and as they are
both now saints in heaven, and shall continue there
friends for ever ; so, I verily trust, and shall therefore
right heartily pray, that though your lordships have
now here on earth been judges to my condemnation,
we may, nevertheless, hereafter cheerfully meet in
heaven, in everlasting salvation." *
Sir W. Kingston, " his very dear friend," constable
of the Tower, as, with tears running down his cheeks,
he conducted him from Westminster, condoled with
his prisoner, who endeavoured to assuage the sorrow
of his friend by the consolations of religion. The
same gentleman said afterwards to Roper, — "I was
ashamed of myself when I found my heart so feeble,
and his so strong." Margaret Roper, his good angel,
watched for his landing at the Tower wharf. " After
his blessing upon her knees reverently received, with-
out care of herself, pressing in the midst of the throng,
and the guards that were about him with lialberts
and bills, she hastily ran to him, and openly, in sight
of them all, embraced and kissed him. He gave her
again his fatherly blessing. After separation she, all
ravished with the entire love of her dear father, sud-
denly turned back acrain, ran to him as before, took
him about the neck, and divers times kissed him most
lovingly, — a sight which made many of the beholders
• Roper, p. 90.
VOL. L K K M
498 LIFE OF SIR THOMAS MORE.
weep and mourn." * Thus tender was the heart of
the admirable woman who had at the same time the
greatness of soul to strengthen her father's fortitude,
bj disclaiming the advice for which he, having mis-
taken her meaning, had meekly rebuked her, — to prefer
life to right.
On the 14th of June, More was once more examined
by four civilians in the Tower. " He was asked, first,
whether he would obey the King as supreme head of
the Church of England on earth immediately under
Christ? to which he said that he could make no
answer : secondly, whether he would consent to the
King's marriage with Queen Anne, and affirm the
marriage with the lady Catharine to have been un-
lawful ? to which he answered that he did never speak
nor meddle against the same : and, thirdly, whether
he was not bound to answer the said question, and to
recognise the headship as aforesaid ? to which he said,
that he could make no answer." f It is evident that
these interrogatories, into which some terms peculiarly
objectionable to More were now for the first time in-
serted, were contrived for the sole purpose of reducing
the illustrious victim to the option of uttering a lie,
or of suffering death. The conspirators against him
might, perhaps, have had a faint idea that they had
at length broken his spirit ; and if he persisted, they
might have hoped that he could be represented as
bringing destruction on himself by his own obstinacy.
Such, however, was his calm and well-ordered mind,
that he said and did nothing to provoke his fate. Had
he given affirmative answers, he would have sworn
falsely : he was the martyr of veracity ; he perished
only because he was sincere.
On Monday, the 5th of July, he wrote a farewell
letter to Margaret Roper, with his usual materials of
coal. It contained blessings on all his children by
name, with a kind remembrance even to one of Mar-
garet's maids. Adverting to their last interview, on
* Roper, p. 90. f Ibid. p. 92.
1
LIFE OF SIR THOMAS MORE. 499
the quay, he says, — "I never liked your manner to-
wards me better than when you kissed me last ; for I
love when daughterly love and dear charity have no
leisure to look to worldly courtesy."
Early the next morning Sir Thomas Pope, "his
singular good friend," came to him with a message
from the King and council, to say that he should die
before nine o'clock of the same mornino-. " The Kinjr's
pleasure," said Pope, " is that you shall not use many
words." — " I did purpose," answered More, "to have
spoken somewhat, but I will conform myself to the
King's commandment, and I beseech you to obtain
from him that my daughter Margaret may be present
at my burial." — "The King is already content that
your wife, children, and other friends shall be present
thereat." The lieutenant brought him to the scaffold,
which was so weak that it was ready to fall : on which
he said, merrily, " Master lieutenant, I pray you see
me safe up, and for my coming down let me shift for
myself." When he laid his head on the block, he de-
sired the executioner to wait till he had removed his
beard, — "for that had never offended his highness," —
ere the axe fell.
He has been censured by some for such levities at
the moment of death. These are censorious cavils,
which would not be worthy of an allusion if they had
not occasioned some sentences of as noble reflection,
and beautiful composition, as the English language
contains. " The innocent mirth, whicli had been so
conspicuous in his life, did not forsake him to tlie last.
His death was of a piece with his life; there was
nothing in it new, forced, or affected. He did not look
upon the severing his head from his body as a circum-
stance which ought to produce any change in the dis-
position of his mind ; and as he died in a fixed and
settled hope of immortality, he thought any unusual
degree of sorrow and concern imj)roper."*
♦ Spectator, No. 349,
K K 2
500 LIFE OF SIR THOMAS MORE.
According to the barbarous practice of laws which
vainly struggle to carry their cruelty beyond the
grave, the head of Sir Thomas More was placed on
London bridge. His darling daughter Margaret, had
the courage to procure it to be taken down, that she
might exercise her affection by continuing to look on
a relic so dear ; and carrying her love beyond the grave,
she desired that it might be buried with her, when
she died.* The remains of this precious relic are said
to have been since observed, lying on what had once
been her bosom. The male descendants of this ad-
mirable woman appear to have been soon extinct : her
descendants through females are probably numerous. f
She resembled her father in mind, in manner, in the
features and expression of her countenance, and in
her form and gait. Her learning was celebrated
throughout Christendom. It is seldom that literature
wears a more agreeable aspect than when it becomes
a bond of union between such a father and such a
daughter.
Sir Thomas More's eldest son, John, married Anne
Cresacre, the heiress of an estate, still held by his
posterity through females, at Barnborough, near Don-
caster^, where the mansion of the Mores still sub-
sists. The last male descendant was Thomas More,
a Jesuit, who was princi]3al of the college of Jesuits
at Bruges, and died at Bath in 1795, having survived
his famous order, and, according to the appearances
of that time, his ancient religion ; — as if the family of
More were one of the many ties which may be traced,
through the interval of two centuries and a half,
between the revolutions of religion and those of
government.
The letters and narratives of Erasmus diffused the
* She survived her father about nine years.
f One of them, Mr. James Hinton Baverstock, inserted his
noble pedigree from Margaret, in 1819, in a copy of More's
English Works, at this moment before me.
J Hunter's South Yorkshire, vol. i. pp. 374, 375.
LIFE OF SIR THOMAS MORE. 501
story of his friend's fate throughout Europe. Car-
dinal Pole bewailed it vrith elegance and feeling. It
filled Italy, then the most cultivated portion of Europe,
with horror. Paulo Jovio called Henry " a Phalaris,"
though we shall in vain look in the story of Phalaris,
or of any other real or legendary tyrant, for a victim
worthy of being compared to More. The English
ministers throughout Europe were regarded with
averted eyes as the agents of a monster. At Venice,
Henry, after this deed, was deemed capable of any
crimes : he was believed there to have murdered Ca-
tharine, and to be about to murder his daughter Mary.*
The Catholic zeal of Spain, and the resentment of the
Spanish people against the oppression of Catharine,
quickened their sympathy with More, and aggravated
their detestation of Henry. Mason, the envoy at Val-
ladolid, thought every pure Latin phrase too weak for
More, and describes him by one as contrary to the
rules of that language as "thrice greatest"! would
be to those of ours. When intelligence of his death
was brought to the Emperor Charles V., he sent for
Sir T. Elliot, the English ambassador, and said to
him, " My lord embassador, we understand tliat the
kins: vour master has put his wise counsellor Sir
Thomas More to death." Elliot, abashed, made an-
swer that he understood nothing thereof "Well,"
said the Emperor, " it is too true ; and this we will
say, that, if we had been master of such a servant,
we should rather have lost the best city in our do-
minions than have lost such a worthy counsellor;" —
" which matter," says Roper, in the concluding words
of his beautiful narrative, "was by Sir T. Elliot told
to myself, mt/ wife, to Mr. Clement and his wife, and
to Mr. Heywood and his wife." J
* Ellis's Original Letters, 2d series, Ictt. cxvii.
t ri)i(l. lett. ex. " Ter maximus ille Morns."
X Instead of Ileywood, perhaps we ou^ht to read "Heron ?"
In that case the three daughters of Sir Thomas More would be
K K 3
502 LIFE OF SIR THOMAS MORE.
Of all men nearly perfect, Sir Thomas More had,
perhaps, the clearest marks of individual character.
His peculiarities, though distinguishing him from all
others, were yet withheld from growing into moral
faults. It is not enough to say of him that he was
unaifected, that he was natural, that he was simple ;
so the larger part of truly great men have been. But
there is something homespun in More which is com-
mon to him with scarcely any other, and which gives
to all his faculties and qualities the appearance of
being the native growth of the soil. The homeliness
of his pleasantry purifies it from show. He walks on
the scaffold clad only in his household goodness. The
unrefined benignity with which he ruled his patriarchal
dwelling at Chelsea enabled him to look on the axe
without being disturbed by feeling hatred for the
tyrant. This quality bound together his genius and
learning, his eloquence and fame, with his homely and
daily duties, — bestowing a genuineness on all his good
qualities, a dignity on the most ordinary offices of life,
and an accessible familiarity on the virtues of a hero
and a martyr, which silences every suspicion that his
excellencies were magnified. He thus simply per-
formed great acts, and uttered great thoughts, because
they were familiar to his great soul. The charm of
this inborn and homebred character seems as if it
would have been taken off by polish. It is this house-
hold character which relieves our notion of him from
vagueness, and divests perfection of that generality
and coldness to which the attempt to paint a perfect
man is so liable.
It will naturally, and very strongly excite the re-
gret of the good in every age, that the life of this best
of men should have been in the power of one who has
been rarely surpassed in wickedness. But the exe-
crable Henry was the means of drawing forth the
present: Mrs. Roper was the eldest, Mrs. Clement the second,
and Cecilia Heron the youngest.
LIFE OF SIR THOMAS MORE. 503
mafrnanimity, the fortitude, and the meekness of More.
Had Henry been a just and merciful monarch, we
shoukl not have known the degree of excellence to
which human nature is capable of ascending. Catho-
lics ought to see in More, that mildness and candour
are the true ornaments of all modes of faith. Pro-
testants ought to be taught humility and charity from
this instance of the wisest and best of men falling:
into, what they deem, the most fatal errors. All men,
in the fierce contests of contending factions, should,
from such an example, learn the wisdom to fear lest
in their most hated antagonist they may strike down
a Sir Thomas More : for assuredly virtue is not so
narrow as to be confined to any party ; and we have
in the case of More a signal example that the nearest
approach to perfect excellence does not exempt men
from mistakes which we may justly deem mischievous.
It is a pregnant proof, that we should beware of hating
men for their opinions, or of adopting their doctrines
because we love and venerate their virtues.
K K I
APPENDIX.
A.
Some particulars in the life of Sir Thomas More I am
obliged to leave to more fortunate inquirers. They are,
indeed, very minute ; but they may appear to others worthy
of being ascertained, as they appeared to me, from their
connection with the life of a wise and good man.
The records of the Privy Council are preserved only since
1540, so that we do not exactly know the date of his ad-
mission into that body. The time when he was knighted
(then a matter of some moment) is not known. As the
whole of his life passed during the great chasm in writs for
election, and returns of members of parliament, from 1477
to 1542, the places for which he sat, and the year of his
early opposition to a subsidy, are unascertained; — notwith-
standing the obliging exertion of the gentlemen employed
in the repositories at the Tower, and in the Rolls' chapel.
We know that he was Speaker of the House of Commons in
1523 and 1524.* Browne Willis owns his inability to fix the
place which he represented f; but he conjectured it to have
been " either Middlesex, where he resided, or Lancaster, of
which duchy he was chancellor." But that laborious and
useful writer would not have mentioned the latter branch of
his alternative, nor probably the former, if he had known
that More was not Chancellor of the Duchy till two years
after his Speakership.
B.
An anecdote in More's chancellorship is connectea with
an English phrase, of which the origin is not quite satisfac-
* Rolls of Parliament in Lords' Journals, vol. i.
f Notitia Parliamentaria, vol. iii. p. 112.
I
APPEXDIX. 505
torily explained. An attorney in his court, named Tubb,
gave an account in court of a cause in which he was con-
cerned, which the Chancellor (who with all his gentleness
loved a joke) thought so rambling and incoherent, that he
said at the end of Tubb's speech, " This is a tale of a tub ;"
plainly showing that the phrase was then familiarly known.
The learned Mr. Douce has informed a friend of mine, that
in Sebastian Munster's Cosmography, there is a cut of a
ship to which a whale was coming too close for her safety,
and of the sailors throwing a tub to the whale, evidently to
play with. The practice of throwing a tub or barrel to a
large fish, to divert the animal from gambols dangerous to a
vessel, is also mentioned in an old prose translation of The
Ship of Fools. These passages satisfactorily explain the
common phrase of throwing a tub to a whale : but they do
not account for leaving out the whale, and introducing the
new word " tale." The transition from the first phrase to
the second is a considerable stride. It is not, at least, directly
explained by Mr. Douce's citations ; and no explanation of
it has hitherto occurred which can be supported by proof.
It may be thought probable that, in process of time, some
nautical wag compared a rambling story, which he suspected
of beinjT lenfTthened and confused, in order to turn his
thoughts from a direction not convenient to the story-teller,
with the tub which he and his shipmates were wont to
throw out to divert the whale from strikhifj the bark, and
perhaps said, " This tale is, like our tub to the whale." The
comparison might have become popular ; and it might gra-
dually have been shortened into " a tale of a tub."
C.
EXTRACTS FR03I THE RECORDS OF THE CITY OF LONDOX RE-
LATING TO THE APPOINTMENT OF SIR THOMAS 3IORE TO
BE UNDER-SHERIFF OF LONDON, AND SOME APPOINTMENTS
OF HIS IM3IEDIATE PREDECESSORS AND OF HIS SUCCESSOR.
(A. D. 1496. 27th September.)
" Commune consilium tentum die ^lartlj Viceslmo
Septimo die Septembr Anno Regni Regis Henr
Septimi duo decimo.
" In isto Comun Consilio Thomas Sail et Thomas Marowe
confirmati sunt in Subvic Civitati : London p anno sequent,
&c."
506 APPENDIX.
(1497.)
" Comune Consillu tent die Lune xxv*° die Sept
anno Regni Regs Henr vii. xiij°.
"Isto die Thomas Marowe et Ed^ Dudley confirmat sunt
in Sub Vic Sit^ London p anno sequ."
(1498 & 1501.)
Similar entries of the confirmation of Thomas Marowe
and Edward Dudley are made in the 14th, 15th, 16th, and
17th Henry VII., and at a court of aldermen, held on the
(1502.)
17th Nov. 18 Henry 7. the following entry ap-
pears : —
" Ad hanc Cur Thomas Marowe uns sub vicecomitu sponte
resign at offiiu suii."
And at a Common Council held on the same day,
is entered —
"In isto Communi Consilio Radiis adye Gentilman elect
est in unu Subvic Civitats London loco Thome Marwe
Gentilman qui illud officii! sponte resignavit, capiend feod
consuet."
" Coe Consiliii tent die Martis iij° die Septembris
anno Regni Reg* Henrici Octavi Secundo.
" Eodm die Thorns More Gent elect est in unii Subvic
Civitats London loc Ric Broke Gent qui imp elect fuit in
Recordator London."
" Martis viij die Maii 6*^ Henry 8.
" Court of Aldermen.
" Yt ys agreed that Thomas More Gent oon of Under-
sheryfes of London which shall go ov the Kings Ambasset
in to fflaunders shall occupie his Rowme and office by his
sufficient Depute untyll his cumyng home ageyn."
" Martis xj die Marcii 7 Henry VHP''
" Court of Aldermen.
" Ye shall sweare that ye shall kepe the Secrets of this
Courte and not to disclose eny thing ther spoken for the
coen welthe of this citie that myght hurt eny psone or bro-
ther of the seyd courte onles yt be spoken to his brothr or
APPENDIX. 507
to other which in his conscience and discrecon shall thynk yt
to be for the coen welthe of this citie.
So help you God."
" Jovis xiij die Marcii 7 Henry 8.
" Court of Aldermen.
" Itm ad ista Cur Thomas More and "Wills Shelley Sub-
vice*^* Ci'^ London jur sunt ad articlm supdcm spect xj die
marcii."
" Yeriis 23 July, 10 Henry 8.
" Court of Aldermen.
" Ad istara Cur Thomas More Gent un Subvic Ci** in
Comput Pulletr London libe et sponte Surr et resign officm
pdcm in manii Maioris et Aldror."
"Cole Consiliu tent die Venis xxiij die Julii anno
re^ni regis Henrici Octavi decimo."
" Isto die Johes Pakyngton Gent admissus est in unii
subvic Civitats London loco Thome More qui spont et libe
resignavit Officii! illud in Maii Maioris aldror et Cois con-
silii. Et jur est &c."
A
REFUTATION OF THE CLAIM
ON BEHALF OF
KING CHARLES I.
TO THE AUTHORSHIP OF
EIKHN BASIAIKH.*
A SUCCESSION of problems or puzzles in the literary
and political history of modern times has occasionally
occupied some ingenious writers, and amused many
idle readers. Those who think nothing useful which
does not yield some palpable and direct advantage,
have, indeed, scornfully rejected such inquiries as
frivolous and useless. But their disdain has not re-
pressed such discussions : and it is fortunate that it
has not done so. Amusement is itself an advantage.
The vigour which the understanding derives from
exercise on every subject is a great advantage. If
there is to be any utility in history, the latter must be
accurate, — which it never will be, unless there be a
solicitude to ascertain the truth even of its minutest
parts. History is read with pleasure, and with moral
effect, only as far as it engages our feelings in the
* Contributed to the Edinburgh Eeview (vol. xliv. p. 1.) as a
review of " Who wrote EIkwv BaatAiKr}?" by Christopher Words-
worth, D.D., Master of Trinity College, Cambridge. London,
1824.— Ed.
ICON BASILIKE. 509
merit or demerit, in the fame or fortune, of historical
personages. The breathless anxiety with which the
obscure and conflicting evidence on a trial at law is
watched by the bystander is but a variety of the same
feeling which prompts the reader to examine the
proofs against Mary Queen of Scots, with as deep an
interest as if she were alive, and were now on her
trial. And it is wisely ordered that it should be so :
for our condition would not, upon the whole, be
bettered by our feeling less strongly about each other's
concerns.
The question " Who wrote Icon Basilike ?" seemed
more than once to be finally determined. Before the
publication of the private letters of Bishop Gauden,
the majority of historical inquirers had pronounced it
spurious ; and the only writers of great acuteness who
maintained its genuineness — Warburton and Hume
— spoke in a tone which rather indicated an anxious
desire that others should believe, than a firm belief in
their own minds. It is perhaps the only matter on
which the former ever expressed himself with diffi-
dence ; and the case must indeed have seemed doubt-
ful, which compelled the most dogmatical and arrogant
of disputants to adopt a language almost sceptical.
The successive publications of those letters in Maty's
Review, in the third volume of the Clarendon Papers,
and lastly, but most decisively, by Mr. Todd, seemed
to have closed the dispute.
The main questions on which the whole dispute
hinges are. Whether the acts and words of Lord Cla-
rendon, of Lord Bristol, of Bishop Morley, of Charles
IL, and James II., do not amount to a distinct acknow-
ledgment of Gauden's authorship? and. Whether an
admission of that claim hy these persons be not a con-
clusive evidence of its truth ? If these questions can
be answered affirmatively, the other parts of the case
will not require very long consideration.
The Icon Basilike was intended to produce a
favourable effect during the King's trial ; but its
510 ICON BASILIKE.
publication was retarded till some days after his
death, by the jealous and rigorous precautions of
the ruling powers. The impression made on the
public by a work which purported to convey the
pious and eloquent language of a dying King, could
not fail to be very considerable ; and, though its
genuineness was from the beginning doubted or
disbelieved by some*, it would have been wonderful
and unnatural, if unbounded faith in it had not
become one of the fundamental articles of a Royalist's
creed.f Though much stress, therefore, is laid by
Dr. Wordsworth on passages in anonymous pam-
phlets published before the Restoration, we can regard
these as really no more than instances of the belief
which must then have only prevailed among that
great majority of Royalists who had no peculiar
reasons for doubt. Opinion, even when it was im-
partial, of the genuineness of a writing, given before
its authenticity was seriously questioned, and when
the attention of those who gave the opinion was not
strongly drawn to the subject, must be classed in the
lowest species of historical evidence. One witness
who bears testimony to a forgery, when the edge of
his discernment is sharpened by an existing dispute,
outweighs many whose language only indicates a pas-
sive acquiescence in the unexamined sentiments of
their own party. It is obvious, indeed, that such
testimonies must be of exceedingly little value ; for
every imposture, in any degree successful, must be
able to appeal to them. Without them, no question
on such a subject could ever be raised; since it would
be idle to expose the spuriousness of what no one
appeared to think authentic.
Dr. Gauden, a divine of considerable talents, but of
a temporising and interested character, was, at the
* Milton, Goodwyn, Lilly, &c.
t See Wagstaffe's Vindication of King Charles, pp. 77 — 79.
London, 1711.
ICON BASILIKi. 511
beginning of the Civil War, chaplain to the Earl of
Warwick, a Presbyterian leader. In November 1640,
after the close imprisonment of Lord Strafford, he
preached a sermon before the House of Commons, so
agreeable to that assembly, that it is said they pre-
sented him with a silver tankard, — a token of their
esteem which (if the story be true) may seem to be
the stronger for its singularity and unseemliness.*
This discourse seems to have contained a warm in-
vective against the ecclesiastical policy of the Court ;
and it was preached not only at a most critical time,
but on the solemn occasion of the sacrament bein^,
first taken by the whole House. As a reward for so
conspicuous a service to the Parliamentary cause, he
soon after received the valuable living of Bocking in
Essex, which he held through all the succeeding
changes of government, — forbearing, of necessity, to
use the Liturgy, and complying with all the conditions
which the law then required from the beneficed clergy.
It has been disputed whether he took the Covenant,
though his own evasive answers imply that he had :
but it is certain that he published a Protest f against
the trial of the King in 1648, though that never could
have pretended to the same merit with the solemn
Declaration of the whole Presbyterian clergy of
London against the same proceeding, which, however,
did not save them at the Restoration.
At the moment of the Restoration of Charles II.,
he appears, therefore, to have had as little public claim
on the favour of that prince as any clergyman who
had conformed to the ecclesiastical principles of the
Parliament and the Protectorate ; and he was, ac-
* The Journals say nothing of the tankard, which was pro-
bably the gift of some zealous members, but bear, " That the
thanks of this house be given to Mr. Gaudy and Mr. Morley for
their sermons last Sunday, and that they be desired, if they
please, to print the same." Vol. ii. p. 40.
f The Religious and Loyal Protestation of John Gauden, &c.
London, 1648.
512 ICON BASILIKE.
cordinglj, long after called by a zealous Royalist " the
false Apostate ! " * Bishoprics were indeed offered
to Baxter, who refused, and to Reynolds, who ac-
cepted, a mitre ; but if they had not been, as they
were, men venerable for every virtue, they were the
acknowledged leaders of the Presbyterians, whose
example might have much effect in disposing that
powerful body to conformity. No such benefit could
be hoped from the preferment of Gauden : and that
his public character must have rendered him rather
the object of disfavour than of patronage to the Court
at this critical and jealous period, will be obvious to
those who are conversant with one small, but not
insignificant circumstance. The Presbyterian party
is well known to have predominated in the Convention
Parliament, especially when it first assembled ; and
it was the policy of the whole assembly to give a
Presbyterian, or moderate and mediatorial colour, to
their collective proceedings. On the 2oth April 1660,
they chose Mr. Calamy, Dr. Gauden, and Mr. Baxter,
to preach before them, on the fast which they then
appointed to be held, — thus placing Gauden between
two eminent divines of the Presbyterian persuasion,
on an occasion when they appear studiously to have
avoided the appointment of an Episcopalian. It is
evident that Gauden was then thought nearer in
principle to Baxter than to Juxon. He was suffi-
ciently a Presbyterian in party to make him no
favourite with the Court : yet he was not so decided
a Presbyterian in opinion as to have the influence
among his brethren which could make him worth so
high a price as a mitre. They who dispute his claim
to be the writer of the Icon, will be the last to ascribe
his preferment to transcendent abilities : he is not
mentioned as having ever shown kindness to Royalists ;
there is no trace of his correspondence with the exiled
Court ; he contributed nothing to the recall of the
* Kennet, Register, p. 773.
ICON BASILIKE. 513
King ; nor indeed had lie the power of performing
such atoning services.
Let the reader then suppose himself to be ac-
quainted only with the above circumstances, and let
him pause to consider whether, in the summer of 1660,
there could be many clergymen of the Established
Church who had fewer and more scanty 23retensions
to a bishopric than Gauden : yet he was appointed
Bishop of Exeter on the 3d of November following.
He received, in a few months, 20,000/. in fines for
the renewal of leases * ; and yet he had scarcely ar-
rived at his episcopal palace when, on the 21st of De-
cember, he wrote a letter to the Lord Chancellor
Clarendon f, bitterly complaining of the " distress,"
* infelicity," and " horror " of such a bishopric ! —
" a hard fate which" (he reminds the Chancellor) " he
had before deprecated." " I make this complaint,"
he adds, " to your Lordship, because you chiefely put
me on this adventure. Your Lordship commanded
mee to trust in your favour for an honourable mainte-
nance and some such additional support as might
supply the defects of the bishopric." * * * " J^'^or
am I so unconscio7is to the service I have done to the
Church and to his Majesty s family, as to heare with
patience such a mine most undeservedly put upon mee.
Are these the effects of his liberall expressions, who told
m,ee I might have what I would desire'^ * * * *
Yf your Lordship will not concern yourselfe in my
affaire, I must make my last complaint to the King."
Li five days after (26th December 1660) he wrote
another long letter, less angry and more melancholy,
to the same great person, which contains the following
remarkable sentence : — " Dr. Morly once offered mee
my option, upon account of some service which he
thought I had done extraordinary for the Church and
the Royall Family, of which he told mee your Lordship
* Biographia Britannica, article " Gauden."
f Wordsworth, Documentary Supplement, p. 9.
VOL. I. L L
514 ICON BASILIKi:.
was informed. This made mee modestly secure cf
your Lordship's favour ; though I found your Lordship
would never owne your consciousnes to mee, as if it
would have given mee too much confidence of a pro-
portionable expectation. -* * * I knew your Lord-
ship knew my service and merit to be no way inferior
to the best oi your friends, or enemy es^^
Li these two letters, — more covertly in the first,
more openly in the second, — Gauden apprises Lord
Clarendon, that Dr. Morley (who was Clarendon's most
intimate friend) had acknowledged some extraordinary
service done by Gauden to the Royal Family, which
had been made known to the Chancellor ; though that
nobleman had avoided a direct acknowledgment of it
to the bishop before he left London. Gauden appears
soon after to have written to Sir E. Nicholas, Secre^
tary of State, a letter of so peculiar a character as to
have been read by the King ; for an answer was sent
to him by Nicholas, dated on the 19th January 1661,
in which the following sentence deserves attention : —
" As for your owne particular, he desires you not
to be discouraged at the poverty of your bishoprick
at present ; and if that answer not the expectation of
what was promised you, His Majesty will take you so
'particularly into his care, that he bids me assure you
that you shall have no cause to remember BochingT \
These remarkable words by no means imply that
Gauden did not then believe that the nature of his
" extraordinary service" had been before known to
the King. They evidently show his letter to have
consisted of a complaint of the poverty of his bishop-
ric, with an intelligible allusion to this service,
probably expressed with more caution and reserve
than in his addresses to the Chancellor. What was
really then first made known to the King was not his
merits, but his poverty. On the 21st January, the
* Wordsworth, Documentary Supplement, pp. 11 — 13.
t Ibid. p. 14.
ICON BASILIKE. 515
importunate prelate again addressed to Clarendon a
letter, explicitly stating the nature of his services,
probably rendered necessary in his opinion by the
continued silence of Clarendon, Avho did not ansTver
his applications till the 13th March. From this letter
the following extract is inserted : —
" All I desire is an augment of 500/. per annum, y' if cannot
bee at present had in a commendani; yet possible the King's
favor to me ysiW not grudg mee this pension out of the first fruits
and tenths of this diocesse; till I bee removed or otherwajes pro-
vided for: Nor will y Lordship startle at this motion, or wave
the presenting of it to hys Majesty, yf you ]tlease to consider the
pretentions I may have beyond any of my calling, not as to merit,
but duty performed to the Royall Family. True, I once prcsiuned
y Lordship had fully known that arcanum, for soe Dr. Morley
told mee, at the King's first coming ; when he assured mee the
greatnes of that service Avas such, that I might have any prefer-
ment I desired. This consciousnes of your Lordship (as I sup-
posed) and Dr. Morley, made mee confident my afi^aires would
bee carried on to some proportion of what I had done, and he
thought deserved. Hence my silence of it to your Lordship: as
to the King and Duke of York, whom before I came away I
acquainted with it, when I saw myself not so much considered
in my present disposition as I did hope I should have beene,
what trace their Koyall goodnes hath of it is best expressed by
themselves ; nor do I doubt but I shall, by your Lordship's favor,
find the fruits as to somthing extraordinary, since the service
was soe : not as to what was known to the icorld under my name,
in order to vindicate the Crowne and the Church, but what goes
under the late blessed King's name, ' the fiKwu or portraiture of
hys ^lajcsty in hys solitudes and sufferings.' This book and
figure was wholy and only my invention, making and designe;
in order to vindicate the King's wisdomc, honor and piety. My
wife indeed was conscious to it, and had an hand in disguising
the letters of that copy which I sent to the King in the ile of
Wight, by favor of the late ^larquise of Hartford, which was
delivered to the King by the now Bishop of Winchester*: hys
ilajesty graciously accepted, owned, and adopted it as hys sense
and genius; not only with gixat approbation, but admiration.
Hee kept it with hyra ; and though hys cruel murthercrs went
on to perfect hys martyrdome, yet God preserved and prospered
this book to revive hys honor, and redeeme hys Majesty's name
from that grave of contempt and abhorrence or infamy, in which
* Duppa.
LL 2
516 ICON BASILIKE.
they aymed to bury hym. "When it came out, just upon the
King's death ; Good God ! what shame, rage, and despite, filled
hys murtherers ! What comfort hys friends ! How many ene-
myes did it convert ! How many hearts did it mollify and melt !
What devotions it raysed to hys posterity, as children of such a
father ! What preparations it made in all men's minds for this
happy restauration, and which I hope shall not prove my afflic-
tion! In a word, it was an army, and did vanquish more than
any sword could. My Lord, every good subject conceived hopes
of restauration ; meditated reveng and separation. Your Lord-
ship and all good subjects with hys Majesty enjoy the reall and
now ripe fruites of that plant. 0 let not mee wither I who was
the author, and ventured wife, children, estate, hberty, hfe, and
all but my soule, in so great an atchievement, which hath filled
England and all the world with the glory of it. I did lately
present my fayth in it to the Duke of York, and by him to the
lOng ; both of them were pleased to give mee credit, and owne
it as a rare service in those horrors of times. True, I played this
best card in my hand somthing too late ; else I might have sped
as well as Dr. Reynolds and some others ; but I did not lay it
as a ground of ambition, nor use it as a ladder. Thinking my-
self e secure in the just valew of Dr. Morely, who I was sure knew
it, and told mee your Lordship did soe too * ; who, I believe, in-
tended mee somthing at least competent, though lesse convenient,
in this preferment. All that I desire is, that your Lordship
would make that good, which I think you designed ; and which
I am confident the King will not deny mee, agreable to hys
royall munificence, which promiseth extraordinary rewards to
extraordinary services: Certainly this service is such, for the
matter, manner, timing and efficacy, as was never exceeded, nor
will ever be equalled, yf I may credit the judgment of the best
and wisest men that have read it ; and I know your Lordship, who
is soe great a master of wisdome and eloquence, cannot but
esteeme the author of that peice ; and accordingly, make mee to
see those effects Avhich may assure mee that my loyalty, paines,
care, hazard and silence, are accepted by the King and Royall
Family, to which your Lordship's is now grafted."
The Bishop wrote three letters more to Clarendon, —
on the 25th January, 20th February, and 6th of March
respectively, to which on the 13th of the last month
* It is not to be inferred from this and the like passages, that
Gauden doubted the previous communication of Morley to Cla-
rendon : he uses such language as a reproach to the Chancellor
for his silence.
ICON BASILIKE. 517
the Chancellor sent a reply containing the following
sentence : — The particular which you often renewed, .
I do confesse was imparted to Twe* under secrecy, and
of which I did not take myself to he at liberty to take
notice ; and truly when it ceases to be a secrett, I know
nobody ivill be gladd of it but Mr. Milton ; I have
very often wished I had never been trusted with it.
It is proper here to remark, that all the letters of
Gauden are still extant, indorsed by Lord Clarendon,
or by his eldest son. In the course of three months,
then, it appears that Gauden, with unusual impor-
tunity and confidence, with complaints which were
disguised reproaches, and sometimes with an approach
to menaces, asserted his claim to be richly rewarded,
as the author of the Icon. He affirms that it was
sent to the King by the Duke of Somerset, who died
about a month before his first letter, and delivered to
his Majesty by Dr. Duppa, Bishop of Winchester, who
was still alive. He adds, that lie had acquainted
Charles 11. with the secret through the Duke of York,
that Morley, then Bishop of Worcester, had informed
Clarendon of it, and that Morley himself had declared
the value of the service to be such as to entitle Gauden
to choose his own preferment. Gauden thus enabled
Clarendon to convict him of falsehood, — if his tale
was untrue, — in three or four circumstances, differing
indeed in their importance as to the main question,
but equally material to his own veracity. A single
word from Duppa would have overwhelmed him with
infjimy. How easy was it for the Chancellor to ascer-
tain whether the information had been given to the
King and his brother! Morley was his bosom-friend,
and the spiritual director of his daughter, Anne
Duchess of York. How many other persons might
have been quietly sounded by the numerous confi-
dential agents of a great minister, on a transaction
which had occurred only twelve years before! To
* Evidently by Morley.
L L b
518 ICON BASILIKE.
suppose that a statesman, then at the zenith of his
greatness, could not discover the truth on this subject,
without a noise like that of a judicial inquiry, would
betray a singular ignorance of affairs. Did Clarendon
relinquish, without a struggle, his belief in a book,
which had doubtless touched his feelings when he
read it as the work of his Royal Master? Even
curiosity might have led Charles IL, when receiving
the blessing of Duppa on his deathbed, to ask him a
short confidential question. To how many chances of
detection did Gauden expose himself? How nearly
impossible is it that the King, the Duke, the Chan-
cellor, and Morley should have abstained from the
safest means of inquiry, and, in opposition to their
former opinions and prejudices, yielded at once to
Gauden's assertion.
The previous belief of the Royalist party in the
Icon very much magnifies the improbability of such
suppositions. The truth might have been discovered
by the parties appealed to, and conveyed to the auda-
cious pretender, without any scandal. There was no
need of any public exposure : a private intimation of
the falsehood of one material circumstance must have
silenced Gauden. But what, on the contrary, is the
answer of Lord Clarendon ? Let any reader consider
the above cited sentence of his letter, and determine
for himself whether it does not express such an un-
hesitating assent to the claim as could only have flowed
from inquiry and evidence. By confessing that the
secret was imparted to him, he admits the other ma-
terial part of Gauden's statement, that the informa-
tion came through Morley. Gauden, if his story was
true, chose the persons to whom he imparted it both
prudently and fairly. He dealt with it as a secret of
which the disclosure would injure the Royal cause ;
and he therefore confined his communications to the
King's sons and the Chancellor, who could not be in-
disposed to his cause by it, and whose knowledge of it
was necessary to justify his own legitimate claims.
ICOX BASILIKE. 519
Had it been false, no choice could have been more un-
fortunate. He appealed to those who, for aught he
knew, might have in their possession the means of
instantly demonstrating that he was guilty of a false-
hood so impudent and perilous, that nothing parallel
t(. it has ever been hazarded by a man of sound mind.
Hdw could Gauden know that the King did not possess
hi? father's MS., and that Royston the printer was not
reidy to prove that he had received it from Charles L,
tlrough hands totally unconnected with Gauden?
H(w great must have been the risk if we suppose,
wi:h Dr. Wordsworth, and Mr. WagstafFe, that more
th.n one copy of the IMS. existed, and that parts of
it lad been seen by many ! It is without any reason
th,t Dr. Wordsworth and others represent the secrecy/
ofGauden's communications to Clarendon as a cir-
cunstance of suspicion ; for he was surely bound, by
th;t sinister honour which prevails in the least moral
co-federacies, to make no needless disclosures on this
deicate subject.
Clarendon's letter is a declaration that he was con-
veted from his former opinion about the author of the
Icn : that of Sir E. Nicholas is a declaration to the
saie purport on his own part, and on that of the
Kag. The confession of Clarendon is more important,
frm being apparently wrung from him, after the
la^se of a considerable time ; in the former part of
wiich he evaded acknowledgment in conversation,
"VMile in the latter part he incurred the blame of in-
crility, by delaying to answer letters, — making his
amission at last in the hurried manner of an un-
■v\lling witness. The decisive words, however, were
a length extorted from him, " When it ceases to be a
scret, I know nohodif will he glad of it, hut Mr. Milton."
^agstaffe argues this question as if Gauden's letters
•«re to be considered as a man's assertions in his own
cuse ; without appearing ever to have observed that
tey are not offered as proof of the facts which they
L L 4
520 ICON BASILIKE.
affirm, but as a claim which circumstances show to
have been recognised by the adverse party.
The course of another year did not abate the soli-
citations of Gauden. In the end of 1661 and begin-
ning of 1662, the infirmities of Duppa promised a
speedy vacancy in the great bishopric of Winchester,
to which Gauden did not fail to urge his pretensioas
with undiminished confidence, in a letter to the Chan-
cellor (28th December), in a letter to the Duke of
York (17th January), and in a memorial to the Kilg,
without a date, but written on the same occasion. Tjhe
two letters allude to the particulars of former con-
munications. The memorial, as the nature of sucl a
paper required, is fuller and more minute : it is ex-
pressly founded on " a private service," for the realty
of which it again appeals to the declarations of Mir-
ley, to the evidence of Duppa ("who," says Gaudin,
"encouraged me in that great work"), still alive, aid
visited on his sick-bed by the King, and to the teii-
mony of the Duke of Somerset.* It also shows tlat
* Doc. Sup. p. 30. We have no positive proof that these fyo
letters were sent, or the memorial delivered. It seems (Ibidjp.
27.) that there are marks of the letters having been sealed ^d
broken open ; and it is said to be singular that such letters shoid
be found among the papers of him who wrote them. But as tie
early history of these papers is unknown, it is impossible to e-
pect an explanation of every fact. A collector might have fouid
them elsewhere, and added them to the Gauden papers. Jn
anxious writer might have broken open two important letters, n
which he was fearful that some expression was indiscreet, a)d
afterwards sent corrected duplicates, without material variatic^.
Gauden might have received information respecting the dispoil
of Winchester and Worcester, or about the state of parties t
Court, before the letters were dispatched, which would rendr
them then unseasonable. What is evident is, that they weB
written with an intention to send them, — that they coincide wii
his previous statements, — and that the determination not to sen
them was not occasioned by any doubts entertained by the Chancelh
of his veracity ; for such doubts would have prevented his prefei
vient to the bishopric of Worcester, — one of the most covetsl
dignities of the Church.
ICON BASILIKE. 521
Gauden had applied to the King for Winchester as
soon as it should become vacant, about or before the
time of his appointment to Exeter.
On the 19 til of March, 1662, Gauden was compli-
mented at Court as the author of the Icon, by George
Digby, second Earl of Bristol, a nobleman of fine
genius and brilliant accomj^lishments, but remarkable
for his inconstancy in political and religious opinion.
The bond of connection between them seems to have
been their common principles of toleration, which
Bristol was solicitous to obtain for the Catholics, whom
he had secretly joined, and which Gauden was willing
to grant, not only to the Old Nonconformists, but to
the more obnoxious Quakers. On the day following
Gauden writes a letter, in which it is suj^posed that
"the Grand Arcanum" had been disclosed to Bristol
"by the King or the Royal Duke." In six days
after he writes again, on the death of Duppa, to urge
his claim to Winchester. This third letter is more
important. He observes, with justice, that he could
not expect " any extraordinary instance of his Ma-
jesty's favour on account of his signal service only,
because that might put the world on a dangerous
curiosity, if he had been in other respects unconspi-
cuous ; " but he adds, in effect, that his public services
would be a sufficient reason or pretext for the great
preferment to which he aspired. He appeals to a new
witness on the subject of the Icon, — Dr. Sheldon, then
Bishop of London ; — thus, once more, if his story were
untrue, almost wantonly adding to the chance of easy,
immediate, and private detection. His danger would
have, indeed, been already enhanced by the disclosure
of the secret to Lord Bristol, who was very intimately
acquainted with Charles I., and among whose good
qualities discretion and circumspection cannot be num-
bered. The belief of Bristol must also be considered
as a proof that Gauden continued to be believed by the
King and the Duke, from whom Bristol's information
proceeded. A friendly correspondence, between the
522 ICON BASILIKE.
Bishop and the Earl, continued till near the death of
the former, in the autumn of 1662.
In the mean time, the Chancellor gave a still more
decisive proof of his continued conviction of the jus-
tice of Gauden's pretensions, by his translation in May
to Worcester. The Chancellor's personal ascendant
over the King was perhaps already somewhat impaired ;
but his power was still unshaken ; and he was assuredly
the effective as well as formal adviser of the Crown on
ecclesiastical promotions. It would be the grossest
injustice to the memory of Lord Clarendon to believe,
that if, after two years' opportunity for inquiry, any
serious doubts of Gauden's veracity had remained in
his mind, he would have still farther honoured and
exalted the contriver of a falsehood, devised for mer-
cenary purposes, to rob an unhappy and beloved
Sovereign of that power which, by his writings, he
still exercised over the generous feelings of men. It
cannot be doubted, and ought not to be forgotten, that
a false claim to the Icon is a crime of a far deeper dye
than the publication of it under the false appearance
of a work of the King. To publish such a book in
order to save the King's life, was an offence, attended
by circumstances of much extenuation, in one who
believed, or perhaps knew, that it substantially con-
tained the King's sentiments, and who deeply depre-
cated the proceedings of the army and of the remnant
of the House of Commons against him. But to usurp
the reputation of the work so long after the death of
the Eoyal Author, for sheer lucre, is an act of baseness
perhaps without a parallel. That Clarendon should
wish to leave the more venial deception undisturbed,
and even shrink from such refusals as might lead to
its discovery, is not far beyond the limits which good
men may overstep in very difficult situations : but that
he should have rewarded the most odious of impostors
by a second bishopric, would place him far lower than
a just adversary would desire. If these considerations
seem of such moment at this distant time, what must
ICON BASILIKE. 523
have been tlieir force in the years 1660 and 1662, in
the minds of Clarendon, and Somerset, and Diippa, and
Morley, and Sheldon ! It would have been easy to avoid
the elevation of Gauden to Worcester ; he had himself
opened the way for offering him a pension ; and the
Chancellor might have answered almost in Gauden's
own words, that farther preferment might lead to
perilous inquiry. Clarendon, in 1662, must either
have doubted who was the author of the Icon, or be-
lieved the claim of Gauden, or adhered to his original
opinion. If he believed it to be the work of the King,
he could not have been so unfaithful to his memory as
to raise such an impostor to a second bishopric : if he
believed it to be the production of Gauden, he might
have thought it an excusable policy to recompense a
pious fraud, and to silence the possessor of a dan-
gerous secret: if he had doubts, they would have
prompted him to investigation, which, conducted by
him, and relating to transactions so recent, must have
terminated in certain knowledge.
Charles 11. is well known, at the famous conference
between the Episcopalians and Presbyterians, when
the Icon was quoted as his father's, to have said, " All
that is in that book is not gospel." Knowing, as we
now do, that Gauden's claim was preferred to him in
1660, this answer must be understood to have been a
familiar way of expressing his scepticism about its
authenticity. In this view of it, it coincides with his
declaration to Lord Anglesea twelve years after ; and
it is natural indeed to suppose, that his opinion was
that of those whom he then most trusted on such
matters, of whom Clarendon was certainly one. To
suppose, with some late writers, that he and liis bro-
ther looked with favour and pleasure on an attempt
to weaken the general interest in the character of
tlieir father, merely because the Icon is friendly to the
Church of England, is a wanton act of injustice to
them. Charles 11. was neither a bigot, nor without
regard to his kindred ; the family affections of James
524 ICON BASILIKE.
were his best qualities, — though, by a peculiar per-
verseness of fortune, they proved the source of his
sharpest pangs.
But to return to Lord Clarendon, who survived
Gauden twelve years, and who, almost to the last day
of his life, was employed in the composition of an
historical work, originally undertaken at the desire of
Charles I., and avowed, with honest partiality, to be
destined for the vindication of his character and cause.
This great work, not intended for publication in the
age of the writer, was not actually published till thirty
years after his death, and even then not without the
suppression of important passages, which it seems the
public was not yet likely to receive in a proper temper.
Now, neither in the original edition, nor in any of
the recently restored passages*, is there any allusion
to the supposed work of the King. No reason of
temporary policy can account for this extraordinary
silence. However the statesman might be excused
for the momentary sacrifice of truth to quiet, the his-
torian could have no temptation to make the sacrifice
perpetual. Had he believed that his Royal Master
was the writer of the only book ever written by a
dying monarch on his own misfortunes, it would have
been unjust as an historian, treacherous as a friend,
and unfeeling as a man, to have passed over in silence
such a memorable and affecting circumstance. Merely
as a fact, his narrative was defective without it. But
it was a fact of a very touching and interesting nature,
on which his genius would have expatiated with af-
fectionate delight. No later historian of the Royal
party has failed to dwell on it. How should he then
whom it must have most affected be silent, unless his
pen had been stopped by the knowledge of the truth ?
He had even personal inducements to explain it, at
least in those more private memoirs of his adminis-
tration, which form part of what is called his " Life."
* In the Oxford Edition of 1826.
ICON BASILIKE. 525
Had he believed in the genuineness of the Icon, it
would have been natural for him in these memoirs to
have reconciled that belief with the successive pre-
ferments of the impostor. He had good reason to
believe that the claims of Gauden would one day reach
the public; he had himself, in his remarkable letter
of March 13th, 1661, spoken of such a disclosure as
likely. This very acknowledgment contained in that
letter, which he knew to be in the possession of Gau-
den's family, increased the probability. It was scarcely
possible that such papers should for ever elude the
search of curiosity, of historical justice, or of party
spirit. But besides these probabilities. Clarendon, a
few months before his death, " had learned that ill
people endeavoured to persuade the King that his father
was not the author of the book that goes bij his name^
This information was conveyed to him from Bishop
Morley through Lord Cornbury, who went to visit his
father in France in May 1674. On hearing these
words, Clarendon exclaimed, " Good God I I thought
the Marquis of Hertford had satisfied the King in that
matter P* By this message Clarendon was therefore
warned, that the claim of Gauden was on its way to
the public, — that it was already assented to by the
Royal Family themselves, and was likely at last to
appear with the support of the most formidable au-
thorities. What could he now conclude but that, if
undetected and unrefuted, or, still more, if uncontra-
dicted in a history destined to vindicate the King, the
claim would be considered by posterity as established
by his silence ? Clarendon's language on this occasion
also strengthens very much another part of the
evidence ; for it proves, beyond all doubt, that the
authorship of the Icon had been discussed by the King
* Tlic first letter of the second Earl of Clarendon to "Wai;-
stafTc in 1694, about twenty years after the event, has not, as far
as we know, been published. "We know only the extracts in
■\Vaj;staffe. The second letter written in 1699 is printed entire
in Wagstaffc's Defence, p. 37.
526 ICON BASILIIiE.
with the Duke of Somerset before that nobleman^ s death
in October 1660, — a fact nearly conclusive of the whole
question. Had the Duke assured the King that his
father was the author, what a conclusive answer was
ready to Gauden, who asserted that the first had been
the bearer of the manuscript of the Icon from Gauden
to Charles I. ! As there had been such a communi-
cation between the King and the Duke of Somerset,
it is altogether incredible that Clarendon should not
have recurred to the same pure source of information.
The only admissible meaning of Clarendon's words is,
that " Lord Hertford (afterwards Duke of Somerset)
had satisfied the King " of the impropriety of speak-
ing on the subject. We must otherwise suppose
that the King and Clarendon had been " satisfied,"
or perfectly convinced, that Charles was the writer
of the Icon ; — a supposition which would convert
the silence of the Chancellor and the levity of the
Monarch into heinous offences. The message of
Morley to Clarendon demonstrates that they had
previous conversation on the subject. The answer
shows that both parties knew of information having
been given by Somerset to the King, before Gauden's
nomination to Exeter : but Gauden had at that time
appealed, in his letters, both to Morley and Somerset
as his witnesses. That Clarendon therefore knew all
that Morley and Somerset could tell, is no longer
matter of inference, but is established by the positive
testimony of the two survivors in 1674. Wagstaffe
did not perceive the consequences of the letter Avhich
he published, because he had not seen the whole cor-
respondence of Gauden. But it is much less easy to
understand, how those who have compared the letters
of Gauden, with the messages between Clarendon and
Morley, should not have discovered the irresistible
inference which arises from the comparison.
The silence of Lord Clarendon, as an historian, is
the strongest moral evidence that he believed the pre-
ICON BASU^IKE. 527
tensions of Bishop Gauden: and his opinion on the
question must be held to include the testimony in
point of fact, and the judgment in point of opinion,
of all those whom he had easy opportunities and
strong inducements to consult. It may be added,
that however Henry Earl of Clarendon chose to
express himself (his language is not free from an air
of mental reservation), neither he nor his brother Lord
Rochester, when they published their father's history
in 1702, thought fit, in their preface, to attempt any
explanation of his silence respecting the Icon, though
their attention must have been called to that subject
by the controversy respecting it which had been
carried on a few years before with great zeal and
activity. Their silence becomes the more remarkable,
from the strong interest taken by Lord Clarendon in
the controversy. He wrote two letters on it to Wag-
staffe, in 1694 and 1699 ; he was one of the few
persons present at the select consecration of Wagstaffe
as a nonjuring bishop, in 1693: yet there is no allu-
sion to the Icon in the preface to his father's history,
published in 1702.
It cannot be pretended that the final silence of
Clarendon is agreeable to the rigorous rules of his-
torical morality : it is no doubt an infirmity which
impairs his credit as an historian. But it is a light
and venial fjiult compared with that which must be
laid to his charge, if we suppose, that, with a convic-
tion of the genuineness of the Icon, and with such
testimony in support of it as the evidence of Somerset
and Morley, — to say nothing of others, — he should
not have made a single effort, in a work destined for
posterity, to guard from the hands of the impostor
the most sacred property of his unfortunate master.
The partiality of Clarendon to Charles I. has never
been severely blamed ; his silence in his history, if he
believed Gauden, would only be a new instance of that
partiality : but the same silence, if he believed the
528 ICON BASILIKi:.
King to be the author, would be fatal to his character
as an historian and a man.
The knowledge of Gauden's secret was obtained by
Clarendon as a minister ; and he might deem his duty
with respect to secrets of state still to be so far in
force, as at least to excuse him for not disturbing one
of the favourite opinions of his party, and for not
disclosing what he thought could gratify none but
regicides and agitators. Even this excuse, on the
opposite supposition, he wanted. That Charles was
the author of the Icon (if true) was no state secret,
but the prevalent and public opinion. He might have
collected full proofs of its truth, in private conversa-
tion with his friends. He had only to state such
proof, and to lament the necessity which made him
once act as if the truth were otherwise, rather than
excite a controversy with an unprincipled enemy,
dangerous to a new government, and injurious to the
interests of monarchy. His mere testimony would
have done infinitely more for the King's authorship,
than all the volumes which have been written to
maintain it: — even that testimony is withheld. If
the Icon be Gauden's, the silence of Clarendon is a
vice to which he had strong temptations : if it be the
King's, it is a crime without a motive. Those who
are willing to ascribe the lesser fault to the historian,
must determine against the authenticity of the Icon.
That good men, of whom Lord Clarendon was one,
were, at the period of the Restoration, ready to use
expedients of very dubious morality to conceal secrets
dangerous to the Royal cause, will appear from a fact,
which seems to have escaped the notice of the general
historians of England. It is uncertain, and not worth
inquiring, when Charles II. threw over his doubts
and vices that slight and thin vesture of Catholicism,
which he drew a little closer round him at the sight
of death* : but we know with certainty, that, in the
* His formal reconciliation probably took place at Cologne in
ICON BASlLUvE. 529
beginning of the year 16-59, the Duke of Ormonde ac-
cidentally discovered tlie conversion, by finding him on
his knees at mass in a church at Brussels. Ormonde,
after it was more satisfactorily proved to him, by
communication with Henry Bennett and Lord Bristol*,
imparted the secret in England to Clarendon and
Southampton, who agreed with him in the necessity
of preventing the enemies of monarchy, or the friends
of Popery, from promulgating this fatal secret.
Accordingly, the '^ Act for the better security of his
Majesty's person and governmcnt*^'\ provided, that to
affirm the King to be a Papist, should be punishable
by " disability to hold any office or promotion, civil,
military, or ecclesiastical, besides being liable to such
other punishments as by common or statute law might
be inflicted."
As soon as we take our stand on the ground, that
the acquiescence of all the Royalists in the council
and court of Charles IL, and the final silence of Cla-
rendon in his history, on a matter so much within
his province, and so interesting to his feelings, are ir-
reconcilable with the supposition, that they believed
the Icon to be the work of the King, all the other
circumstances on both sides not only dwindle into in-
significance, but assume a different colour. Thus, the
general credit of the book among Royalists before the
Restoration serves to show, that the evidence which
changed the opinion of Clarendon and his friends
must have been very strong, — probably far stronger
than what we now possess ; the firmer we suppose the
previous conviction to have been, the more probable
it becomes, that the proofs then discovered were of a
more direct nature than those which remain. Let it
be very specially observed, that those who decided
the question practically in 1660 were within twelve
1658, under the direction of Dr. Peter Talbot, Catholic Arch-
bishop of Armagh.
♦ Carte, Lite of Ormonde, vol. iL pp. 254 — 256.
t 13 Car. 2. st. 1.
VOL. I. 11 il
530 ICON BASILIKi:.
years of the fact ; while fifty years had passed before
the greater part of the traditional and hearsay stories,
ranged on the opposite side, were brought together by
Wagstaffe.
Let us consider, for example, the effect of the pro-
ceedings of 1660 upon the evidence of the witnesses
who speak of the Icon as having been actually taken
from the King at Naseby, and afterwards restored to
him by the conquerors. Two of the best known are
the Earl of Manchester and Mr. Prynne. Eales, a
physician at Welwyn in Hertfordshire, certifies, in
1699, that some years before the Restoration (i. e.
about 1656), he heard Lord Manchester declare, that
the MS. of the Icon was taken at Naseby, and that
he had seen it in the King's own hand.* Jones, at
the distance of fifty years, says that he had heard from
Colonel Stroud that Stroud had heard from Prynne in
1649, that he, by order of Parliament, had read the
MS. of the Icon taken at Naseby. f Now it is certain
that Manchester was taken into favour, and Prynne
was patronised at the Restoration. If this were so,
how came matters, of which they spoke so publicly,
to remain unknown to Clarendon and Southampton ?
Had the MS. Icon been intrusted to Prynne by Par-
liament, or even by a committee, its existence must
have been known to a body much too large to
allow the supposition of secrecy. The application of
the same remark disposes of the mob of second-hand
witnesses. The very number of the witnesses in-
creases the incredibility that their testimony could
have escaped notice in 1660. Huntingdon, a Major
in Cromwell's regiment, who abandoned the Parlia-
mentary cause, is a more direct witness. In the year
1679, he informed Dugdale that he had procured the
MS. Icon taken at Naseby to be restored to the King
at Hampton, — that it was written by Sir E. Walker, but
* " Who wrote," &c. p. 93. WagstafFe's Vindication, p.
f Ibid. p. 80.
19.
ICON BASILIKE. 531
interlined by the King, who wrote all the Devotions.
In 1681 Dugdale published The Short View, in which
is the same story, with the variation, " that it was
written with the King's own hand;" — a statement
which, in the summary language of a general narrative,
can hardly be said to vary materially from the former.
Xow, Major Huntingdon had particularly attracted
the notice of Clarendon : he is mentioned in the His-
tory with commendation.* He tendered his services
to the King before the Restoration f ; and, what is
most important of all to our present purpose, his testi-
mony regarding the conduct of Berkeley and Ashburn-
ham, in the journey from Hampton Court, is expressly
mentioned by the historian as being, in 1660, thought
worthy of being weighed even against that of Somer-
set and Southampton. ;j: When we thus trace a direct
communication between him and the minister, and
when we remember that it took place at the very time
of the claim of Gauden, and that it related to events
contemporary with the supposed recovery of the Icon,
it is scarcely necessary to ask, whether Clarendon
would not have sounded him on that subject, and
whether Huntingdon would not then have boasted of
such a personal service to the late King. It would be
contrary to common sense not to presume that some-
thing then passed on that subject, and that, if Hunt-
ingdon's account at that time coincided with his sub-
sequent story, it could not have been rejected, unless
it was outweighed by contrary evidence. § He must
• Vol. V. p. 484. t H^i^- '^'ol- "^ii* P- 432.
X Ibid. vol. V. p. 495.
§ Dr. Wordsworth admits, that if Clarendon had consulted
Duppa, Juxon, Sheldon, Morley, Kendal, Barwick, Legge, Her-
bert, &c. &c. ; nay, if he had consulted only Morley alone, he
must have been satisfied, — (Dr. Wordsworth, of course, says for
the King). Now, it is certain, from the message of Morley to
Clareiidun in 1674, that previous discussion had taken place be-
tween them. Does not this single fact decide the question on
Dr. Wordsworth's own admission ?
M M 2
532 ICON BASILIKE.
have been thought either a deceiver or deceived : for
the more candid of these suppositions there was abun-
dant scope. It is known that one MS. (not the Icon)
written by Sir Edward Walker and corrected by the
King, was taken with the King's correspondence at
Naseby, and restored to him by Fairfax through an
officer at Hampton Court.* This was an account
of the military transactions in the Civil War, written
by Walker, and published in his Historical Discourses
long after. It was natural that the King should be
pleased at the recovery of this manuscript, which he
soon after sent from Hampton Court to Lord Cla-
rendon in Jersey, as a "contribution" towards his
History. How easily Huntingdon, an old soldier
little versed in manuscripts, might, thirty years after-
wards, have confounded these memorials with the Icon !
A few prayers in the King's handwriting might have
formed part of the papers restored. So slight and
probable are the only suppositions necessary to save
the veracity of Huntingdon, and to destroy the value
of his evidence.
Sir Thomas Herbert, who wrote his Memoirs thirty
years after the event, in the seventy-third year of his
age, when, as he told Antony Wood, " he was grown
old, and not in such a capacity as he could wish to
publish it," found a copy of the Icon among the books
which Charles I. left to him, and thought " the hand-
writing was the King's." Sir Philip Warwick states
Herbert's testimony (probably from a conversation
more full than the Memoirs) to be, that " he saw the
MS. in the King's hand, as he believes ; but it was in
a running character, and not in that which the King
usually wroteP \ Now, more than one copy of the Icon
might have been sent to Charles ; they might have
been written with some resemblances to his hand-
* Clarendon, vol. v. p. 476. ; and Warburton's note.
f Memoirs, p. 69. How much this coincides with Gauden's
account, that his wife had disguised the writing of the copy sent
to the Isle of Wight !
ICON BASILIKE. 533
■writing ; but assuredly the original MS. would not
have been loosely left to Herbert, while works on
general subjects were bequeathed to the King's chil-
dren. It is equally certain that this was not the MS.
from which the Icon was published a few days after-
wards ; and, above all, it is clear that information
from Herbert* would naturally be sought, and would
have been easily procured, in 1660. The ministers
of that time perhaps examined the MS. ; or if it could
not be produced, they might have asked why it was
not preserved, — a question to which, on the sup-
position of its being written by the King, it seems
now impossible to imagine a satisfactory answer. The
same observations are applicable to the story of
Levett, a page, who said that he had seen the King
writing the Icon, and had read several chapters of it,
— but more forcibly, from his being less likely to be
intrusted, and more liable to confusion and misrecol-
lection ; — to say nothing of our ignorance of his
character for veracity, and of the interval of forty-two
years which had passed before his attestation on this
subject.
The Xaseby copy being the only fragment of posi-
tive evidence in support of the King's authorship, one
more observation on it may be excused. If the Par-
liamentary leaders thought the Icon so dangerous to
their cause, and so likely to make an Impression
favourable to the King, how came they to restore it
so easily to its author, whom they had deeply injured
by the publication of his private letters ? The advo-
cates of the King charge this publication on them, as
an act of gross indelicacy, and at the same time
ascribe to them, in the restoration of the Icon, a
singular instance of somewhat wanton generosity.
It may be a question whether lawyers are justified
in altogether rejecting hearsay evidence ; but it nerer
* He was made a baronet at the Restoration, for his personal
services to Charles L
u M 3
534 ICON BASILIKE.
can be supposed, in its best state, to be other than
secondary. When it passes through many hands, —
when it is given after a long time, — when it is to be
found almost solely in one party, — when it relates to
a subject which deeply interests their feelings, we
may confidently place it at the very bottom of the
scale ; and without being able either to disprove many
particular stories, or to ascertain the proportion in
which each of them is influenced by unconscious
exaggeration, inflamed zeal, intentional falsehood,
inaccurate observation, confused recollection, or eager
credulity, we may safely treat the far greater part as
the natural produce of these grand causes of human
delusion. Among the evidence first collected by
Wagstaffe, one story fortunately refers to authorities
still in our possession. Hearne, a servant of Sir
Philip Warwick, declared that he had heard his master
and one Oudart often say that they had transcribed
the Icon from a copy in Charles's handwriting.* Sir
Philip Warwick (who is thus said to have copied the
Icon from the King's MS.) has himself positively told
us, " / cannot say I knoio that lie wrote the Icon ivhich
goes under his name " | ; and Oudart was secretary to
Sir Edward Nicholas, whose letter to Gauden, vir-
tually acknowledging his claim, has been already
quoted !
Two persons appear to have been privy to the
composition of the Icon by Gauden, — his wife, and
Walker, his curate. Mrs. Gauden, immediately after
her husband's death, applied to Lord Bristol for
favour, on the ground of her knowledge of the secret ;
adding, that the Bishop was prevented only by death
from writing to him, — surely to the same efifect.
Nine years afterwards she sent to one of her sons the
papers on this subject, to be used "if there be a good
occasion to make it manifest," among which was an
epitome " drawn out by the hand of him that did hope
* " Who wrote," &c. p. 138. f Memoirs, p. 68.
ICON BASILlK:fc. 535
to have made a fortune by it."* This is followed by
her narrative of the whole transactions, on which two
short remarks will suffice. It coincides with Gauden's
letters, in the most material particulars, in appeals to
the same eminent persons said to be privy to tlie
secret, who might and must have been consulted after
such appeal : it proves also her firm persuasion that
her husband had been ungratefully requited, and that
her family had still pretensions founded on his ser-
vices, wiiich these papers might one day enable them
to assert with more effect.
Walker, the curate, tells us that he had a hand in
the business all along. He wrote his book, it is true,
forty-five years after the events : but this circum-
stance, which so deeply affects the testimony of men
■who speak of words spoken in conversation, and
reaching them through three or four hands, rather
explains the inaccuracies, than lessens the substantial
weight, of one who speaks of his own acts, on the
most, and perhaps only, remarkable occasion of his
life. There are two facts in Walker's account which
seem to be decisive ; — namely, that Gauden told
him, about the time of the fabrication, that the MS.
was sent by the Duke of Somerset to the King, and
that two chapters of it were added by Bishop Duppa.
To both these witnesses Gauden appealed at the
Restoration, and Mrs. Gauden after his death. These
communications were somewhat indiscreet ; but, it'
false, what temptation had Gauden at that time to
invent them, and to communicate them to his curate ?
They were new means of detecting his imposture.
But the declaration of Gauden, that the book and
figure w^as wholly and solely my " invention, making,
and design," is quoted with premature triumph, as if
it were incompatible with the composition of two
chapters by Duppaf; — as if the contribution of a
few pages to a volume could affect the authorship of
* Doc. Sup. pp. 42. 48. t " Who wrote," &c. p. 156.
M M 4
536 ICON BASILIKE.
the man who had planned the whole, and executed all
the rest. That he mentioned the particular con-
tribution of Duppa at the time to Walker, and only-
appealed in general to the same prelate in his applica-
tions to Clarendon and the King, is a variation, but
no inconsistency.
Walker early represented the coincidence of some
peculiar phrases in the devotions of the Icon with
Gauden's phraseology, as an important fact in the
case. That argument has recently been presented
with much more force by Mr. Todd, whose catalogue
of coincidences between the Icon and the avowed
writings of Gauden is certainly entitled to serious
consideration.* They are not all of equal importance,
but some of the phrases are certainly very peculiar.
It seems very unlikely that Charles should have copied
peculiar phrases from the not very conspicuous writings
of Gauden's early life ; and it is almost equally impro-
bable that Gauden, in his later writings, when he is said
to have been eager to reap the fruits of his imposture,
should not have carefully shunned those modes of ex-
pression which were peculiar to the Icon. To the
list of Mr. Todd, a very curious addition has been
made by Mr. Benjamin Bright, a discerning and libe-
ral collector, from a manuscript volume of prayers by
Gauden j, which is of more value than the other coin-
cidences, inasmuch as it corroborates the testimony of
Walker, who said that he " met with expressions in
the devotional parts of the Icon very frequently used
by Dr. Gauden in his prayers!" Without laying
great stress on these resemblances, they are certainly
of more weight than the general arguments founded
either on the inferiority of Gauden's talents (which
Dr. Wordsworth candidly abandons), or on the im-
pure and ostentatious character of his style, which
have little weight, unless we suppose him to have
♦ Letter to the Archbishop of Canterbury, pp. 51 — 76.
f Ibid. Appendix, No. L
ICON BASLLIKE. 537
had no power of varying his manner when speaking
in the person of another man.
Conclusions from internal evidence have so often
been contradicted by experience, that prudent in-
quirers seldom rely on them when there are any other
means of forming a judgment. But in such ca-ses as
the present, internal evidence does not so much depend
on the discussion of words, or the dissection of sen-
tences, as on the impression made by the whole com-
position, on minds long accustomed to estimate and
compare the writings of different men in various cir-
cumstances. A single individual can do little more
than describe that impression ; and he must leave it to
be determined by experience, how far it agrees with
the impressions made on the minds of the majority of
other men of similar qualifications. To us it seems,
as it did to Archbishop Herring, that the Icon is
greatly more like the work of a priest than a king.
It has more of dissertation than effusion. It has more
regular division and systematic order than agree with
the habits of the King. The choice and arrangement
of words show a degree of care and neatness which
are seldom attained but by a practised writer. The
views of men and affairs, too, are rather those of a
bystander than an actor. They are chiefly reflections,
sometimes in themselves obvious, but often ingeniously
turned, such as the surface of events would suggest to
a spectator not too deeply interested. It betrays none
of those strong feelings which the most vigilant regard
to gravity and dignity could not have uniformly ba-
nished from the composition of an actor and a sufferer.
It has no allusion to facts not accessible to any mo-
derately informed man ; though the King must have
(sometimes rightly) thought that his superior know-
ledge of affairs would enable him to correct vulgar
mistakes. If it be really the private effusion of a
man's thoughts on himself and his own affairs, it
would be the only writing of that sort in the world in
which it is impossible to select a trace of peculiarities
538 ICON BASILIKE.
and weaknesses, — of partialities and dislikes, — of
secret opinions, — of favourite idioms, and habitual
familiarities of expression : every thing is impersonal.
The book consists entirely of generalities ; while real
writings of this sort never fail to be characterised by
those minute and circumstantial touches, which par-
ties deeply interested cannot, if they would, avoid. It
is also very observable, that the Icon dwells little on
facts, where a mistake might so easily betray its not
being the King's, and expatiates in reasoning and re-
flection, of which it is impossible to try the genuine-
ness by any palpable test. The absence of every
allusion to those secrets of which it would be very
hard for the King himself wholly to conceal his know-
ledge, seems, indeed, to indicate the hand of a writer
who was afraid of venturing on ground where his
ignorance might expose him to irretrievable blunders.
Perhaps also the want of all the smaller strokes of
character betrays a timid and faltering forger, who,
though he ventured to commit a pious fraud, shrunk
from an irreverent imitation of the Royal feelings, and
was willing, after the great purpose was served, so to
soften the imposture, as to leave his retreat open, and
to retain the means, in case of positive detection, of
representing the book to have been published as what
might be put into the King's mouth, rather than as
what was actually spoken by him.
The section which relates to the civil war in Ire-
land not only exemplifies the above remarks, but
closely connects the question respecting the Icon
with the character of Charles for sincerity. It cer-
tainly was not more unlawful for him to seek the
aid of the Irish Catholics, than it was for his oppo-
nents to call in the succour of the Scotch Presby-
terians. The Parliament procured the assistance of
the Scotch army, by the imposition of the Covenant
in England ; and the King might, on the like prin-
ciple, purchase the help of the Irish, by promising
to tolerate, and even establish, the Catholic religion
ICON BASILIKE. 539
in Ireland. Warburton justly observes, that the King
was free from blame in his negotiations with the L'ish,
" as a politician, and king, and governor of his people ;
but the necessity of his affairs obliging him at the
same time to play the Protestant saint and confessor,
there was found much disagreement between his pro-
fessions and declarations, and actions in this matter."*
As long as the disagreement was confined to official
declarations and to acts of state, it must be owned that
it is extenuated by the practice of politicians, and by
the consideration, that the concealment of negotiations,
which is a lawful end, can very often be obtained by
no other means than a disavowal of them. The rigid
moralist may regret this excuse, though it be founded
on that high public convenience to which Warburton
gives the name of " necessity." But all mankind will
allow, that the express or implied denial of real nego-
tiations in a private work, — a picture of the writer's
mind, professing to come from the ]\Ian and not from
the King, mixed with solemn appeals and fervid
prayers to the Deity, is a far blacker and more aggra-
vated instance of insincerity. It is not, therefore, an
act of judicious regard to the memory of Charles to
ascribe to him the composition of the twelfth section
of the Icon. The impression manifestly aimed at in
that section is, that the imputation of a private con-
nection with the Irish revolters was a mere calumny ;
and in the only paragraph which approaches to par-
ticulars, it expressly confines his intercourse with
them to the negotiation for a time through Ormonde,
and declares that his only object was to save "the
poor Protestants of Ireland from their desperate ene-
mies." In the section which relates to the publication
of his letters, when the Parliament had explicitly
charged him with clandestine negotiations, nothing is
added on the subject. The general protestations of
innocence, not very specifically applied even to the
* Clarendon, vol. vii. p. 591.
540 ICON BASILIKE.
first instigation of the revolt, are left in that indefinite
state in which the careless reader may be led to apply
them to all subsequent transactions, which are skil-
fully,— not to say artfully, — passed over in silence.
Now it is certain that the Earl of Glamorgan, a Ca-
tholic himself, was authorised by Charles to negotiate
with the Catholics in 1645, independently of Ormonde,
and with powers, into the nature of which the Lord
Lieutenant thought himself bound not curiously to
pry. It is, also, certain that, in the spring of that
year, Glamorgan concluded a secret treaty with
the Catholic assembly at Kilkenny, by which, — be-
sides the repeal of penalties or disabilities, — all the
churches and Church property in L:eland occupied by
the Catholics since the revolt, were continued and
secured to them * ; while they, on their parts, engaged
to send ten thousand troops to the King's assistance
in England. Some correspondence on this subject
was captured at sea, and some was seized in Ireland ;
both portions were immediately published by the Par-
liament, which compelled the King to imprison and
disavow Glamorgan, f It is clear that these were
measures of policy, merely intended to conceal the
truth ;}: : and the King, if he was the writer of the
Icon, must have deliberately left on the minds of the
readers of that book an opinion, of his connection with
* Birch, Inquiry, p. 68. The King's warrant, on 12th March
1645, gives Glamorgan power " to treat with the Roman Catholics
upon necessity, wherein our Lieutenant cannot so well be seen"
p. 20.
f Harleian Miscellany, vol. iv. p. 494,
% See a curious letter published by Leland (History of Ire-
land, book V. chap. 7.), which clearly proves that the blindness
of Ormonde Avas voluntary, and that he was either trusted with
the secret, or discovered it ; and that the imprisonment of Gla-
morgan was, what the Parliament called it, " a colourable com-
mitment" Leland is one of those writers who deserve more
reputation than they enjoy: he is not only an elegant Avriter,
but, considering his lime and country, singularly candid, unpre-
judiced, and independent.
ICON BASILIKE. 541
the Irish Catholics, which he knew to be false. On
the other hand it is to be observed, that Gauden could
not have known the secret of the Irish negotiations,
and that he would naturally avoid a subject of which
he was ignorant, and confine himself to a general dis-
avowal of the instigation of the revolt. The silence
of the Icon on this subject, if written by Gauden,
would be neither more wonderful nor more blameable
than that of Clarendon, who, though he was of neces-
sity acquainted with the negotiations of Glamorgan,
does not suffer an allusion to the true state of them
to escape him, either in the History, or in that apo-
logy for Ormonde's administration, which he calls
" A Short View of the State of Ireland." Let it not
be said, either by Charles's mistaken friends, or by
his undistinguishing enemies, that he incurs the same
blame for suffering an omission calculated to deceive
to remain in the Icon of Gauden, as if he had himself
written the book. If tlie manuscript was sent to him
by Gauden in September 1648, he may have intended
to direct an explanation of the Irish negotiations to be
inserted in it ; — he may not have finally determined
on the immediate publication. At all events, it would
be cruel to require that he should have critically ex-
amined, and deliberately weighed, every part of a
manuscript, which he could only occasionally snatch a
moment to read in secret during the last four months
of his life. In this troubled and dark period, divided
between great negotiations, violent removals, and
preparations for asserting his dignity, — if he could
not preserve his life, — justice, as much as generosity
requires that we should not hold him responsible for a
negative offence, however important, in a manuscript
which he had then only read. But if he was the
author, none of these extenuations have any place : he
must then have composed the work several years be-
fore his death ; he was likely to have frequently ex-
amined it ; he doubtless read it with fresh attention,
after it was restored to him at Hampton Court ; and
542 ICON BASILIKk
he afterwards added several chapters to it. On that
supposition, the fraudulent omission must have been a
contrivance " aforethought," carried on for years, per-
sisted in at the approach of death, and left, as the
dying declaration of a pious monarch, in a state cal-
culated to impose a falsehood upon posterity.*
* After sketching the above, we have been convinced, by a
reperusal of the note of Mr. Laing on this subject (History of
Scotland, vol. iii. p. 565.), that if he had employed his great
abilities as much in unfolding facts as in ascertaining them, no-
thing could have been written for the Icon, or ought to have
been written against it, since that decisive note. His merit, as
a critical inquirer into history, an enlightened collector of mate-
rials, and a sagacious judge of evidence, has never been surpassed.
If any man believes the innocence of Queen Mary, after an im-
partial and dispassionate perusal of Mr. Laing's examination of
her case, the state of such a man's mind would be a subject
worthy of much consideration by a philosophical observer of
human nature. In spite of his ardent love of liberty, no man
has yet presumed to charge him with the slightest sacrifice
of historical integrity to his zeal. That he never perfectly at-
tained the art of full, clear, and easy naiTative was owing to the
peculiar style of those writers who were popular in his youth,
and may be mentioned as a remarkable instance of the dispro-
portion of particular talents to general vigour of mind.
MEMOIR
OF THE
AFFAIRS OF HOLJ,AND.
A.D. 1667—1686.
The Seven United Provinces which established their
independence made little change in their internal
institutions. The revolt against Philip's personal
commands was long carried on under colour of his
own legal authority, conjointly exercised by his lieu-
tenant, the Prince of Orange, and by the States, —
composed of the nobility and of the deputies of towns,
— who had before shared a great portion of it.
But, being bound to each other in an indissoluble
confederacy, established at Utrecht in 1579, the care
of their foreign relations and of all their common
affairs was intrusted to delegates, sent from each,
who gradually assumed that name of " States-General,"
which had been originally bestowed only on the
occasional assemblies of the whole States of all
the Belgic provinces. These arrangements, hastily
adopted in times of confusion, drew no distinct lines
of demarcation between the provincial and federal
authorities. Hostilities had been for many years
carried on before the authority of Philip was finally
abrogated ; and after that decisive measure the States
showed considerable disposition to the revival of a
monarchical power in the person of an Austrian or
French prince, or of the Queen of England. William L
544 MEMOIR OF THE AFFAIKS OF HOLLAND.
seems about to have been invested with the ancient
legal character of Earl of Holland at the moment of
his murder.* He and his successors were Stadt-
holders of the greater provinces, and sometimes of all :
they exercised in that character a powerful intluence
on the election of the magistrates of towns ; they com-
manded the forces of the confederacy by sea and
land ; they combined the prerogatives of their ancient
magistracy with the new powers, the assumption of
which the necessities of war seemed to justify ; and
they became engaged in constant disputes with the
great political bodies, whose pretensions to an un-
divided sovereignty were as recent and as little
defined as their own rights. While Holland formed
the main strength of the confederacy, the city of
Amsterdam predominated in the councils of that
province. The provincial States of Holland, and the
patricians in the towns from whom their magistrates
were selected, were the aristocratical antagonists of
the stadtholderian power, which chiefly rested on
official patronage, on military command, on the favour
of the populace, and on the influence of the minor
provinces in the States-General.
The House of Nassau stood conspicuous, at the
dawn of modern history, among the noblest of the
rulino; families of Germanv. In the thirteenth cen-
tury, Adolphus of Nassau succeeded Kodolph of
Hapsburg in the imperial crown, — the highest dig-
nity of the Christian world. A branch of this ancient
house had acquired ample possessions in the Nether-
lands, together with the principality of Orange in
Provence ; and under Charles Y., AVilliam of Nassau
was the most potent lord of the Burgundian pro-
vinces. Educated in the palace and almost in the
chamber of the Emperor, he was nominated in the
earliest years of manhood to the government of Hol-
♦ Commentarii de Kcpublica Bataviensi (Lugd. Bat. 1795),
vol. ii. pp. 42, 43.
MEMOIR OF THE AFFAIRS OF HOLLAND. 545
land *, and to the command of the imperial army, by
that sagacious monarch, who, in the memorable
solemnity of abdication, leant upon his shoulder as
the first of his Belgic subjects. The same eminent
qualities which recommended him to the confidence
of Charles awakened the jealousy of Philip, whose
anger, breaking through all the restraints of his
wonted simulation, burst into furious reproaches
against the Prince of Orange as the fomenter of the
resistance of the Flemings to the destruction of their
privileges. Among the three rulers who, perhaps
unconsciously, were stirred up at the same moment
to preserve the civil and religious liberties of man-
kind, William I. must be owned to have wanted the
brilliant and attractive qualities of Henry IV., and
to have yielded to the commanding genius of Eliza-
beth ; but his principles were more inflexible than
those of the amiable hero, and his mind was undis-
turbed by the infirmities and passions which lowered
the illustrious queen. Though he performed great
actions with weaker means than theirs, his course
was more unspotted. Faithful to the King of Spain
as long as the preservation of the commonwealth
allowed, he counselled the Duchess of Parma against
all the iniquities by which the Netherlands were lost ;
but faithful also to his country, in his dying instruc-
tions he enjoined his son to beware of insidious offers
of compromise from the Spaniard, to adhere to his
alliance with France and England, to observe the
privileges of the provinces and towns, and to conduct
himself in all things as became the chief magistrate
of the republic."!" Advancing a century beyond his
contemporaries in civil wisdom, he braved the pre-
judices of the Calvinistic clergy, by contending for
the toleration of Catholics, the chiefs of whom
* By the ancient name of '• Stadthouder " (lieutenant). Kluit,
Vetiis Jns Pub. Bclfr. p. 364.
f 13'Estnides, MSS. in the hands of his youngest son.
VOL. I. N N
546 MEMOIR OF THE AFFAIRS OF HOLLAND.
had sworn his destruction.* Thoughtful, of uncon-
querable spirit, persuasive though taciturn, of simple
character, yet maintaining due dignity and becoming
magnificence in his public character, an able com-
mander and a wise statesman, he is perhaps the purest
of those who have risen by arms from private station
to supreme authority, and the greatest of the happy
few who have enjoyed the glorious fortune of bestow-
ing liberty upon a people.f The whole struggle of
this illustrious prince was against foreign oppression.
His posterity, less happy, were engaged in domestic
broils, in part arising from their undefined authority,
and from the very complicated constitution of the
commonwealth.
Maurice, the eldest Protestant son of William, sur-
passed his father in military genius, but fell far short
of him in that moderation of temper and principle
which is the most indispensable virtue of the leader
of a free state. The blood of Barneveldt and the
duno-eon of Grrotius have left an indelible stain on
his memory ; nor is it without apparent reason that
the aristocratical party have charged him with pro-
jects of usurpation, — natural to a family of republican
magistrates allied by blood to all the kings of Europe,
and distinguished by many approaches and preten-
sions to the kingly power.J Henry Frederick, his
successor, was the son of William I. by Louise de
Coligny, — a woman singular in her character as well
as in her destiny, who, having seen her father and the
husband of her youth murdered at the massacre of
* Burnet, History of His Own Time (Oxford, 1823), vol. i. p.
547.
t Even Strada himself bears one testimony to this great man,
which outweighs all his vain reproaches. " Nee postea mutavere
(Hollandi) qui videbant et gloriabantur ab univs hominis conatu,
coeptisque illi utcunque infelicibus, assurgere in dies Hollandicum
nomen imperiumque." Strada, De Bello Belgico, dec. ii. lib. v.
t Du Maurier, Memoircs de la Hollande, p. 293. Vander-
vynkt, Troubles des Pays Bas, vol. iii. p. 27.
MEMOm OF THE AFFAIRS OF HOLLAND. 547
St. Bartholomew, was doomed to witness the fall of a
more illustrious husband by the hand of an assassin of
the same faction, and who in her last widowhood won
the aifection of William's children by former wives,
for her own virtuous son. Having maintained the
fame of his family in war, he was happier than his
more celebrated brother in a domestic administration,
which was moderate, tolerant, and unsuspected.* He
lived to see the final recognition of Dutch independ-
ence by the treaty of Munster, and was succeeded by
his son, William H., who, after a short and turbulent
rule, died in 1650, leaving his widow, the Princess
Royal of England, pregnant.
William HI., born on the 14th of November, 1650,
eight days after the death of his father, an orphan, of
feeble frame, with early indications of disease, seemed
to be involved in the cloud of misfortune which then
covered the deposed and exiled family of his mother.
The patricians of the commercial cities, who had
gathered strength with their rapidly increasing wealth,
were incensed at the late attack of William 11. on
Amsterdam ; they were equally emboldened by the
establishment of a republic in England, and pre-
judiced, not without reason, against the Stuart family,
whose absurd principle of the divine right of kings
had always disposed James L to regard the Dutcli as
no better than successful rebels f, and had led his son,
in 1631, a period of profound peace and professed
friendship, to conclude a secret treaty with Spain for
the partition of the republic, in which England was
to be rewarded for her treachery and rapine by the
sovereignty of Zealand.* They found no difficulty in
persuading the States to assume all the autliority
hitherto exercised by the stadtholder, without fixing
* D'Estrades, Lettres (Lond. 1743), vol. i. p. 55.
t " In his table discourse he pronounced the Dutch to be
rebels, and condemned their cause, and said that Ostcnd belonged
to the archduke." Carte, History of England, vol. iii. p. 714.
X Clarendon, State Papers, vol. i. p. 49., and vol. ii. app. xxvii
N N 2
548 MEMOIR OF THE AFFAIES OF HOLLAND.
any period for conferring on the infant prince those
dignities which had been enjoyed by three generations
of his family. At the peace of 1654, the states of
Holland bound themselves by a secret article, yielded
with no great reluctance to the demands of Cromwell,
never to choose the Prince of Orange to be their stadt-
holder, nor to consent to his being appointed captain-
general of the forces of the confederacy ; — a separate
stipulation, at variance with the spirit of the union of
Utrecht, and disrespectful to the judgment, if not in-
jurious to the rights, of the weaker confederates.*
After the restoration this engagement lost its power.
But when the Prince of Orange had nearly reached
years of discretion, and the brilliant operations of a
military campaign against England had given new
vigour to the republican administration, John de Witt,
who, under the modest title of " Pensionary " of
Holland, had long directed the affairs of the confe-
deracy with a success and reputation due to his
matchless honesty and prudence, prevailed on the
States of that province to pass a " Perpetual Edict
for the Maintenance of Liberty." By this law they
abolished the stadtholdership in their own province,
and ao^reed to take effectual means to obtain from
their confederates edicts excluding all those who
might be captain-generals from the stadtholdership of
any of the provinces, — binding themselves and their
successors by oath to observe these provisions, and im-
posing the like oath on all who might be appointed to
the chief command by land or sea.f Guelderland,
Utrecht, and Overyssell acceded. Friesland and Gro-
* Cromwell was prevailed upon to content himself with this
separate stipulation, very imperfect in form, but which the strength
of the ruling province rendeixd in substance sufficient. White-
lock, Memorials, 12th May, 1684.
f 3d August, 1667. The immediate occasion of this edict
seems to have been a conspiracy, for which one Buat, a spy em-
ployed by Lord Arlington, was executed. Histoire de J. D. De
Witt (Utrecht, 1709), liv. ii. chap. 2.
MEMOIK OF THE AFFAIRS OF HOLLAND. 549
ningen, then governed by a stadtholder of another
branch of the family of Nassau, were considered as not
immediately interested in the question. Zealand alone,
devoted to the House of Orange, resisted the separa-
tion of the supreme military and civil offices. On this
footing De Witt professed his readiness to confer the
office of captain-general on the prince, as soon as he
should be of fit age. He was allowed meanwhile to
take his seat in the Council of State, and took an
oath to observe the Perpetual Edict. His opponents
struggled to retard his military appointment, to shorten
its duration, and to limit its powers. His partisans,
on the other hand, supported by England, and led by
Amelia of Solms, the widow of Prince Henry, — a
woman of extraordinary ability, who had trained the
young prince with parental tenderness, — seized every
opportunity of pressing forward his nomination, and
of preparing the way for the enlargement of his
authority.
This contest might have been longer protracted, if
the conspiracy of Louis and Charles, and the occupa-
tion of the greater part of the country by the former,
had not brought undeserved reproach on the adminis-
tration of De Witt. Fear and distrust became univer-
sal ; every man suspected his neighbour ; accusations
were heard with greedy credulity ; misfortunes were
imputed to treachery ; and the multitude cried aloud
for victims. The corporate officers of the great towns,
originally chosen by the burghers, had, on the usual
plea of avoiding tumult, obtained the right of filling
up all vacancies in their own number. They tlius
strengthened their power, but destroyed their security.
No longer connected with the people by election, the
aristocratical families received no fresh infusion of
strength, and had no hold on the attachment of the
community ; though they still formed, indeed, the
better part of the people. They had raised the fisher-
men of a few marsliy districts to be one of the greatest
nations of Europe ; but the misfortunes of a moment
N N 3
550 MEMOIR OP THE AFFAIRS OF HOLLAND.
banished the remembrance of their services. Their
grave and harsh virtues were more unpopular than so
many vices ; w^hile the needs and disasters of war
served to heighten the plebeian clamour, dnd to
strengthen the military pov^^er, which together formed
the combined force of the stadtholderian party. It
was then in vain that the republicans endeavoured to
satisfy that party, and to gain over the King of
England, by the nomination of the Prince of Orange
to be captain-general ; Charles was engaged in deeper
designs. The progress of the French arms still farther
exasperated the populace, and the republicans incurred
the reproach of treachery by a disposition — perhaps
carried to excess — to negotiate with Louis XIV. at a
moment when all negotiation wore the appearance of
submission. So it had formerly happened : — Barne-
veldt was friendly to peace with Spain, when Maurice
saw no safety but in arms. Men equally wise and
honest may differ on the difficult and constantly
varying question, whether uncompromising resistance,
or a reservation of active effort for a more favourable
season, be the best mode of dealing with a formidable
conqueror. Though the war policy of Demosthenes
terminated in the destruction of Athens, we dare not
affirm that the pacific system of Phocion would have
saved it. In the contest of Maurice with Barneveldt,
and of De Witt with the adherents of the House of
Orange, both parties had an interest distinct from
that of the commonwealth ; for the influence of the
States grew in peace, and the authority of the captain-
general was strengthened by war. The populace now
revolted against their magistrates in all the towns,
and the States of Holland were compelled to repeal
the Edict which they called " Perpetual," to release
themselves and all the officers from the oath which
they had taken to observe it, and to confer, on the 4th
of July 1672, on the prince the office of stadtholder, —
which, then only elective for life, was, after two years
more, made hereditary to his descendants.
MEMOIR OF THE AFFAIRS OF HOLLAND. 551
The commotions vrliich accompanied this revolution
Avere stained by the murder of John and Cornelius De
AVitt, — a crime perpetrated with such brutal ferocity,
and encountered with such heroic serenity, that it may
almost seem to be doubtful whether the glory of having
produced such pure sufferers may not in some degree
console a country for having given birth to assassins
so atrocious. These excesses are singularly at vari-
ance with the calm and orderly character of the Dutch,
— than whom perhaps no free state has, in proportion
to its magnitude, contributed more amply to the
amendment of mankind by examples of public virtue.
The Prince of Orange, thus hurried to the supreme
authority at the age of twenty-two, was ignorant of
these crimes, and avowed his abhorrence of them.
They were perpetrated more than a month after his
highest advancement, when they could produce no
effect but that of bringing odium upon his party. But
it must be for ever deplored that the extreme danger
of his position should have prevented him from punish-
ing the offences of his partisans, till it seemed too late
to violate that species of tacit amnesty which time
insensibly establishes. It would be impossible ever to
excuse this unhappy impunity, if we did not call to
mind that Louis XIV. was at Utrecht ; that it was
the populace of the Hague that had imbrued their
hands in the blood of the De Witts ; and that the
magistrates of Amsterdam might be disposed to avenge
on their country the cause of their virtuous chiefs.
Henceforward William directed the counsels and arms
of Holland, gradually forming and leading a con-
federacy to set bounds to the ambition of Louis XIV.,
and became, by his abilities and dispositions, as much
as by his position, the second person in Europe.
We possess unsuspected descriptions of his charac-
ter from observers of more than ordinary sagacity, who
had an interest in watching its development before it
was surrounded by the dazzling illusions of power and
fame. Among the most valuable of these witnesses
N N 4
552 MEMOIR OF THE AFFAIRS OF HOLLAND.
were some of the subjects and servants of Louis XIV.
At the age of eighteen the Prince's good sense, know-
ledge of affairs, and seasonable concealment of his
thoughts, attracted the attention of Gourville, a man
of experience and discernment. St. Evremond, though
himself distinguished chiefly by vivacity and accom-
plishments, saw the superiority of William's powers
through his silence and coldness. After long intimacy
Sir William Temple describes his great endowments and
excellent qualities, his — then almost singular — com-
bination of " charity and religious zeal," " his desire
— rare in every age — to grow great rather by the
service than the servitude of his country;" — lan-
guage so manifestly considerate, discriminating, and
unexaggerated, as to bear on it the inimitable stamp
of truth, in addition to the weight which it derives
from the probity of the writer. But there is no tes-
timony so important as that of Charles II., who, in
the early part of his reign, had been desirous of gain-
ing an ascendant in Holland by the restoration of the
House of Orange, and of subverting the government
of De Witt, whom he never forgave for his share in
the treaty with the English Republic. Some retro-
spect is necessary, to explain the experiment by which
that monarch both ascertained and made known the
ruling principles of his nephew's mind.
The mean negotiations about the sale of Dunkirk
first betrayed to Louis XIV. the passion of Charles
for French money. The latter had, at the same time,
offered to aid Louis in the conquest of Flanders, on
condition of receiving French succour against the
revolt of his own subjects*, and had strongly ex-
pressed his desire of an offensive and defensive alli-
ance to Ruvigni, one of the most estimable of that
monarch's agents.| But the most pernicious of Charles's
* D'Estrades, vol. v. p. 450.
f Memoire de Ruvigni au Eoi. Dalrymple, Memoirs of
Great Britain, &c. vol. ii. p. 11. D'Estrades, vol. v., 20th Dec.
1663. 18th Dec. 1664.
MEMOIR OF THE AFFAIRS OF HOLLAND. 553
vices, never bridled by any virtue, were often miti-
gated by the minor vices of indolence and irresolu-
tion. Even the love of pleasure, which made him
needy and rapacious, unfitted him for undertakings
full of toil and peril. Projects for circumventing each
other in Holland, which Charles aimed at influencing
through the House of Orange, and Louis hoped to
master through the Republican party, retarded their
secret advances to an entire union. De Witt was
compelled to consent to some aggrandisement of
France, rather than expose his country to a war with-
out the co-operation of the King of England, who
was ready to betray a hated ally. The first Dutch
war appears to have arisen from the passions of both
nations, and their pride of maritime supremacy, —
employed as instruments by Charles wherewith to
obtain booty at sea, and supply from his parliament, —
and by Louis wherewith to seize the Spanish Nether-
lands. At the peace of Breda (July 1667), the Court
of England seemed for a moment to have changed its
policy, by the conclusion of the Triple Alliance, which
prescribed some limits to the ambition of France, — a
system which De Witt, as soon as he met so honest a
negotiator as Sir William Temple, joyfully hastened
to embrace.
Temple was, however, duped by his master. It is
probable that the Triple Alliance was the result of a
fradulent project, suggested originally by Gourville to
ruin De Witt, by embroiling him irreconcilably with
France.* Charles made haste to disavow the inten-
tions professed in itf; and a negotiation with France
was immediately opened, partly by the personal inter-
course of Charles with the French ministers at his
court, but chiefly through his sister, the Duchess of
* Mcraoires de Gourville (Paris, 1724), vol. ii. pp. 14 — 18.
160.
t Charles II. to the Duchess of Orleans, 13th Jan. 1G68. Dal-
rymplc, vol. ii. p. 5. [The old style is used thioughout these
references. — Ed.]
554 MEMOIR OF THE AFFAIRS OF HOLLAND.
Orleans, — an amiable princess, probably the only per-
son whom he ever loved. This correspondence, which
was concealed from those of his ministers who were
not either Catholics or well affected to the Catholic
religion, lingered on till May 1670, when (on the
22d) a secret treaty was concluded under cover of a
visit made by the duchess to her brother. *
* It was signed by Lords Arlington and Arundel, Sir Thomas
Clifford, and Sir Eichard Bealing, on the part of England, and
by Colbert de Croissy, the brother of the celebrated financier, on
the part of France. Rose, Observations on Fox's History, p. 51.
Summary collated with the original, in the hands of the present
Lord Clifford. The draft of the same treaty, sent to Paris by
Arundel, does not materially differ. Dalrymple, vol. i. p. 44.
" The Life of James IL (vol. i. pp. 440—450.) agrees, in most
circumstances, with these copies of the treaties, and with the
correspondence. There is one important variation. In the
treaty it is stipulated that Charles's measures in favour of the
Catholic religion should precede the war against Holland, ac-
cording to the plan M^hich he had always supported. ' The Life '
says, that the resolution was taken at Dover to begin with the
war against Holland, and the despatch of Colbert from Dover,
20th May (Dalrymple, vol. ii. p. 57.), almost justifies the state-
ment, which may refer to a verbal acquiescence of Charles, pro-
bably deemed sufficient in these clandestine transactions, where
that prince desired nothing but such assurances as satisfy gen-
tlemen in private life. It is true that the narrative of the Life
is not here supported by those quotations from the king's original
Memoirs on which the credit of the compilation essentially de-
pends. But as in the eighteen years, 1660—1678, Avhich exhibit
no such quotations, there are internal proofs that some passages,
at least, of the Life are taken from the Memoirs, the absence of
quotation does not derogate so much from the credit of this part
of the work as it would from that of any other." See Edinburgh
Review, vol. xxvi. pp. 402 — 430. This treaty has been laid to
the charge of the Cabinet called the " Cabal," unjustly ; for,
of the five members of that administration, two only, Clifford and
Arlington, were privy to the designs of the king and the Duke
of York. Ashley and Lauderdale were too zealous Protestants
to be trusted with it. Buckingham (whatever might be his in-
difference in religion) had too much levity to be trusted with
such secrets; but he was so penetrating that it was thought pru-
dent to divert his attention from the real negotiation, by engag-
ing him in negotiating a simulated treaty, in which the articles
MEMOIR OF THE AFFAIRS OF HOLLAND. OOO
The essential stipulations of this unparalleled com-
pact were three: that Louis should advance money to
Charles, to enable him the more safely to execute
what is called " a declaration of his adherence to the
Catholic religion," and should support him with men
and money, if that measure should be resisted by his
subjects ; that both powers should join their arms
against Holland, the islands of Walcheren and Cad-
sand being allotted to England as her share of the
prey (which clearly left the other territories of the
Republic at the disposal of Louis) ; and that England
should aid Louis in any new pretensions to the crown
of Spain, or, in other and plainer language, enable him,
on the very probable event of Charles JI. of Spain
dying without issue*, to incorporate with a monarchy,
already the greatest in Europe, the long-coveted in-
heritance of the House of Burfrundv, and the two vast
peninsulas of Italy and Spain. The strength of Louis
would thus have been doubled at one blow, and all
limitations to his farther progress on the Continent
must have been left to his own moderation. It is
hard to imagine what should have hindered him from
renderinof his monarchv universal over the civilised
world. The port of Ostend, the island of Minorca,
and the permission to conquer Spanish America, with
a very vague promise of assistance of France, were
assigned to England as the wages of her share of this
conspiracy against mankind. The fearful stipulations
for rendering the King of England independent of
Parliament by a secret supply of foreign money, and
for putting into his hands a foreign military force, to
be employed against his subjects, were, indeed, to take
effect, only in .case of the avowal of his reconciliation
with the Church of Rome. But as he himself con-
favourable to the Catholic reli£rion were left out. On the other
hand, Lord Arundel and Sir Richard Bealing, Catholics not of
tlie " Cabal," were negotiators.
* Cliarles II., king of Spain, was then a feeble and diseased
child of nine years old.
556 MEMOIR OF THE AFFAIRS OF HOLLAND.
sidered a re -establishment of that Church as essential
to the consolidation of his authority, — which the
mere avowal of his religion would rather have weak-
ened, and the bare toleration of it could little, if at
all, have promoted ; as he confessedly meditated mea-
sures for quieting the alarms of the possessors of
Church lands, whom the simple letter of the treaty
could not have much disturbed ; as he proposed a
treaty with the pope, to obtain the cup for the laity,
and the mass in English, — concessions which are
scarcely intelligible without the supposition that the
Church of Rome was to be established ; as he con-
cealed this article from Shaftesbury, who must have
known his religion, and was then friendly to a toler-
ation of it ; and as other articles were framed for the
destruction of the only powerful Protestant state on
the Continent, there cannot be the slightest doubt that
the real object of this atrocious compact, however
disguised under the smooth and crafty language of
diplomacy, was the forcible imposition of a hated re-
ligion upon the British nation, and that the con-
spirators foresaw a national resistance, which must be
stifled or quelled by a foreign army.* It was evident
that the most tyrannical measures would have been
necessary for the accomplishment of such purposes,
and that the transfer of all civil, military, and eccle-
siastical power to the members of a communion who
had no barrier against public hatred but the throne,
must have tended to render the power of Charles
absolute, and must have afforded him the most pro-
bable means of effectually promoting the plans of his
ally for the subjugation of Europe.j If the foreign
and domestic objects of this treaty be considered,
* Dalrymple, vol. ii. p. 8 4.
t It is but just to mention, that Burnet calls it only the " tole-
ration of popery," vol. i. p. 522. He had seen only Primi's his-
tory, and he seems to speak of the negotiation carried on through
Buckingham, from whom we know that the full extent of the
plan was concealed.
3IE3IOIR OF THE AFFATRS OF HOLLAXD. 5o7
together with the means by which they were to have
been accomplished, and the dire consequences which
must have flowed from their attainment, it seems pro-
bable that so much falsehood, treachery, and mercenary
meanness were never before combined, in the decent
formalities of a solemn compact between sovereigns,
^vith such premeditated bloodshed and unbridled
cruelty. The only semblance of virtue in the dark
plot was the anxiety shown to conceal it ; which, how-
ever, arose more from the fears than the shame of the
conspirators. In spite of all their precautions it
transpired : the secret was extorted from Turenne, in
a moment of weakness, by a young mistress.* He
also disclosed some of the correspondence to PuiFen-
dorf, the Swedish minister at Paris, to detach the
Swedes from the Triple Alliance f; and it was made
known by that minister, as well as by De Groot, the
Dutch ambassador at Paris, to De Witt, who had
never ceased to distrust the sincerity of the Stuarts
towards Holland.^ The suspicions of Temple himself
had been early awakened ; and he seems to have in
some measure played the part of a willing dupe, in
the hope of entangling his master in honest alliances.
The substance of the secret treaty was the subject of
general conversation at the Court of England at the
time of Puffendorf's discovery. § A pamphlet pub-
lished, or at least printed, in 1673, intelligibly hints
at its existence " about four years before." || Not long
after, Louis XIV., in a moment of dissatisfaction with
Charles 11., permitted or commanded the Abbate
* Ramsay, Histoire dc Turenne (Paris, 1735), vol. i. p. 429.
t Sir W. Temple to Sir Orlando Bridjrman, 24th April, 1669.
X De Witt observed to Temple, even in the days of the Triple
Alliance, — "A change of councils in England would be our
ruin. Since the reign of P21izabeth there has been such a fluc-
tuation in the English councils, that it has been impossible to
concert measures with them for two years."
§ Pepys's Memoirs, vol. ii. ]>. 336/
II England's Appeal from the Private Cabal at Whitehall
658 MEMOIR OF THE AFFAIRS OF HOLLAND.
Primi to print a History of the Dutch War at Paris,
which derived credit from being soon suppressed at
the instance of the English minister, and which gave
an almost verbally exact summary of the secret
treaty, with respect to three of its objects, — the
partition of Holland, the re-establishment of the Ca-
tholic religion in the British Islands, and the absolute
authority of the king.* The project for the dis-
memberment of Holland, adopted by Charles I. in
1631, appears to have been entertained by his eldest
son till the last years of his reign.f
As one of the articles of the secret treaty had pro-
vided a petty sovereignty for the Prince of Orange
out of the ruins of his country, Charles took the
opportunity of his nephew's visit to England, in Oc-
tober 1670, to sound him on a project which was thus
baited for his concurrence. " All the Protestants,"
said the King, " are a factious body, broken among
themselves since they have been broken from the main
stock. Look into these things better ; do not be misled
by your Dutch blockheads." J The King immediately
imparted the failure of this attempt to the French am-
bassador : " I am satisfied with the prince's abilities,
but I find him too zealous a Dutchman and a Protest-
ant to be trusted with the secret." § But enough had
escaped to disclose to the sagacious youth the purposes
of his uncle, and to throw a strong light on the motives
of all his subsequent measures. The inclination of
Charles towards the Church of Rome could never have
rendered a man so regardless of religion solicitous for
a conversion, if he had not considered it as subservient
to projects for the civil establishment of that Church,
— which, as it could subsist only by his favour, must
have been the instrument of his absolute power. As-
* State Trials in the reign of Wm. III. (Lond. 1705), Introd.
p. 10.
f Preston Papers, in the possession of Sir James Graham of
Netherby.
J Burnet, vol. i. p. 475. § Dairy m pie, vol. ii. p. 70.
MEMOIR OF THE AFFAIRS OF HOLLAND. 559
tonished as William was by the discovery, he had the
fortitude, during the life of Charles, to conceal it from
all but one, or, at most, two friends. It was reserved
for later times to discover that Charles had the incon-
ceivable baseness to propose the detention of his
nephew in England, where the temptation of a sove-
reignty, being aided by the prospect of the recovery of
his freedom, might act more powerfully on his mind ;
and that this proposal was refused by Louis, either
from magnanimity, or from regard to decency, or, per-
haps, from reluctance to trust his ally with the sole
disposal of so important a prisoner.
Though — to return, — in 1672 the French army had
advanced into the heart of Holland, the fortitude of
the prince was unshaken. Louis offered to make him
sovereign of the remains of the country, under the
protection of France and England*; but at that mo-
ment of extreme peril, he answered with his usual
calmness, " I never will betray a trust, nor sell the
liberties of my country, which my ancestors have so
long defended." All around him despaired. One of
his very few confidential friends, after having long ex-
postulated with him on his fruitless obstinacy, at
lenofth asked him if he had considered how and where
he should live after Holland was lost ? "I have
thought of that," he replied ; " I am resolved to live
on the lands I have left in Germany. I had rather
pass my life in hunting there, than sell my country or
my liberty to France at any price." f Buckingham
and Ai'lington were sent from England to try whether,
beset by peril, the lure of sovereignty might not
seduce him. The former often said, " Do you not see
that the country is lost ? " The answer of the prince
to the profligate buffoon spoke the same unmoved reso-
lution with that which he had made to Zulestein or
* Dalrymple, vol. ii. p. 79.
t Temple, Works (Lond. 1721), vol. i. p. 381. This friend
wns probably his uncle Zulestein, for the conversation passed
before his intimacy with Bcntinck.
560 MEMOIR OF THE AFFAIRS OF HOLLAND.
Fagel ; but it naturally rose a few degrees towards
animation ; — "I see it is in great danger, but there is
a sure way of never seeing it lost ; and that is, to die
in the last ditch."* The perfect simplicity of these
declarations may authorise us to rank them among the
most genuine specimens of true magnanimity. Perhaps
the history of the world does not hold out a better ex-
ample, how high above the reach of fortune the pure
principle of obedience to the dictates of conscience, un-
alloyed by interest, passion, or ostentation, can raise
the mind of a virtuous man. To set such an example
is an unspeakably more signal service to mankind
than all the outward benefits which flow to them
from the most successful virtue. It is a principle in-
dependent of events, and one that burns most brightly
in adversity, — the only agent, perhaps, of sufficient
power to call forth the native greatness of soul which
lay hid under the cold and unattractive deportment of
the Prince of Orange.
His present situation was calculated to ascertain
whether his actions would correspond with his decla-
rations. Beyond the important country extending
from Amsterdam to Rotterdam, — a district of about
forty miles in length, the narrow seat of the govern-
ment, wealth, and force of the commonwealth, which
had been preserved from invasion by the bold expe-
dient of inundation, and out of which the cities and
fortresses arose like islands, — little remained of the
republican territory except the fortress of Maestricht,
the marshy islands of Zealand, and the secluded pro-
vince of Friesland. A French army of a hundred and
ten thousand men, encouraged by the presence of
Louis, and commanded by Conde and Turenne, had
their head-quarters at Utrecht, within twenty miles of
Amsterdam, and impatiently looked forward to the
moment when the ice should form a road to the spoils
of that capital of the commercial world. On the
* Burnet, vol. i. p. 569.
MEMOIR OF THE AFFAIRS OF HOLLAND. 561
other side, the hostile flag of England was seen from
the coast. The Prince of Orange, a sickly youth of
twenty-two, without fame or experience, had to con-
tend against such enemies at the head of a new govern-
ment, of a divided people, and of a little army of
twenty thousand men, — either raw recruits or foreign
mercenaries, — whom the exclusively maritime policy
of the late administration had left without officers of
skill or name. His immortal ancestor, when he founded
the republic about a century before, saw at the lowest
ebb of his fortune the hope of aid from England and
France : far darker were the prospects of William IIL
The degenerate successor of Elizabeth, abusing the as-
cendant of a parental relation, sought to tempt him to
become a traitor to his country for a share in her
spoils. The successor of Henry IV. offered him only
the choice of being bribed or crushed. Such was
their fear of France, that the Court of Spain did not
dare to aid him, though their only hope was from his
success. The German branch of the House of Austria
was then entangled in a secret treaty with Louis, by
which the Low Countries were ceded to him, on condi-
tion of his guaranteeing to the Emperor the reversion
of the Spanish monarchy on the death of Charles IL
without issue. No great statesman, no illustrious com-
mander but Montecucculi, no able prince but the great
Elector of Brandenburgh, was to be found among the
avowed friends or even secret well-wishers of William.
The territories of Cologne and Liege, which presented
all the means of military intercourse between the
French and Dutch frontiers, were ruled by the creatures
of Louis. The final destruction of a rebellious and here-
tical confederacy was foretold with great, but not ap-
parently unreasonable, confidence by the zealots of
absolute authority in Church and State ; and the in-
habitants of Holland began seriously to entertain the
heroic project of abandoning an enslaved country, and
transporting the commonwealth to their dominions in
the Indian Islands.
VOL. I. 0 0
562 MEMOIR OF THE AFFAIRS OF HOLLAND.
At this awful moment fortune seemed to pause.
The unwieldy magnificence of a royal retinue encum-
bered the advance of the French army. Though
masters of Naerden, which was esteemed the bulwark
of Amsterdam, they were too late to hinder the open-
ing of the sluices at Murden, which drowned the
country to the gates of that city. Louis, more in-
toxicated with triumph than intent on conquest, lost
in surveying the honours of victory the time which
should have been spent in seizing its fruits. Impatient
of so long an interruption of his pleasures, he hastened
to display at Versailles the trophies of a campaign of
two months, in which the conquest of three provinces,
the capture of fifty fortified places and of 24,000 pri-
soners, were ascribed to him by his flatterers. The
cumbrous and tedious formalities of the Dutch consti-
tution enabled the stadtholder to gain some time
without suspicion. Even the perfidious embassy of
Buckingham and Arlington contributed somewhat to
prolong negotiations. He amused them for a moment
by appearing to examine the treaties they had brought
from London, by which France was to gain all the
fortresses which commanded the country, leaving
Zealand to England, and the rest of the country as a
principality to himself.* Submission seemed inevitable
and speedy : still the inundation rendered military
movements inconvenient and perhaps hazardous ; and
the prince thus obtained a little leisure for the execu-
tion of his measures. The people, unable to believe
the baseness of the Court of London, were animated by
the appearance of the ministers who came to seal their
ruin : the government, surrounded by the waters, had
time to negotiate at Madrid, Vienna, and Berlin. The
* The official despatches of these ambassadors are contained
in a MS. volume, probably the property of Sir W. Trumbull,
now in the hands of his descendant, the Marquis of Downshire.
These despatches show that the worst surmises circulated at the
time, of the purposes of this embassy, were scarcely so bad as :he
truth.
MEMOIR OF THE AFFAIRS OF HOLLAND. 563
Marquis de Monterey, governor of the Catholic
Netherlands, without instructions from the Escurial,
had the boldness to throw troops into the important
fortresses of Dutch Brabant, — Breda, Bergen-op-
Zoom, and Bois-le-Duc, — under pretence of a virtual
guarantee of that territory by Spain.
In England, the continuance of prorogations —
relieving the king from parliamentary opposition, but
depriving him of sufficient supply — had driven him
to resources alike inadequate and infamous*, and had
foreboded that general indignation which, after the
combined fleets of England and France had been
worsted by the marine of Holland | alone, at the very
moment when the remnant of the Republic seemed
about to be swallowed up, compelled him to desist
from the open prosecution of the odious conspiracy
against her. J The Emperor Leopold, roused to a just
sense of the imminent danger of Europe, also con-
cluded a defensive alliance with the States-General § ;
as did the Germanic body generally, including Fre-
derick William of Brandenburgh, called the " Great
Elector."
Turenne had been meanwhile compelled to march
from the Dutch territory to observe, and, in case of
need, to oppose, the Austrian and Brandenburgh
troops ; and the young prince ceased to incur the
risk and to enjoy the glory of being opposed to
that great commander, who was the grandson of
William 1. 1|, and had been trained to arms under
Maurice. The winter of 1672 was unusually late
and short. As soon as the ice seemed sufficiently
* Shutting up of the Exchequer, Jan. 2. 1672.
t Battle of ifouthwold Bay, 28th and 29th May 1672. In
these memorable actions even the biographer of James II. in
eft'cct acknowledges that De Ruyter had the advantage. Life,
vol. i. pp. 457 — 476.
J Peace concluded at Westminster, Feb. 19th, 1674.
§ 25th July 1672.
Ij By Elizabeth of Nassau, duchess of Bouillon.
o O 2
564 MEMOIR OF THE AFFAIRS OF HOLLAND.
solid, Luxemburgh, who was left in command at
Utrecht, advanced, in the hope of surprising the
Hague, when a providential thaw obliged him to
retire. His operations were limited to the destruction
of two petty towns ; and it seems doubtful whether
he did not owe his own escape to the irresolution or
treachery of a Dutch officer intrusted with a post
which commanded tne line of retreat. At the
perilous moment of Luxemburgh's advance, took
place William's long march through Brabant to the
attack of Charleroi — undertaken probably more with
a view of raising the drooping spirits of his troops
than in the hope of ultimate success. The deliver-
ance of Holland in 1672 was the most signal triumph
of a free people over mighty invaders, since the
defeat of Xerxes.
In the ensuing year, William's offensive operations
had more outward and lasting consequences. Having
deceived Luxemburgh, he recovered Naerden, and
shortly hazarding another considerable march beyond
the frontier, he captured the city of Bonn, and thus
compelled Turenne to provide for the safety of his
army by recrossing the Rhine. The Spanish go-
vernor of the Low Countries then declared war against
France, and Louis was compelled to recall his troops
from Holland. Europe now rose on all sides against
the monarch who not many months before appeared to
be her undisputed lord. So mighty were the effects
of a gallant stand by a small people, under an inex-
perienced chief, without a council or minister but
the pensionary Fagel — the pupil and adherent of De
Witt, who, actuated by the true spirit of his great
master, continued faithfully to serve his country, in
spite of the saddest examples of the ingratitude of his
countrymen. In the six years of war which followed,
the prince commanded in three battles against the
greatest generals of France. At Senef *, it was a
* nth August 1674.
MEMOIR OF THE AFFAIRS OF HOLLAND. 565
sufficient honour that he was not defeated bj Conde ;
and that the veteran dechired, on reviewing the events
of the day, — " The young prince has shown all the
qualities of the most experienced commander, except
that he exposed his own person too much." He was
defeated without dishonour at Cassel*, by Luxem-
burfjh, under the nominal command of the Duke of
Orleans. He gained an advantage over the same
great general, after an obstinate and bloody action, at
St. Denis, near Mons. This last proceeding was of
more doubtful morality than any other of his military
life, the battle being fought four days after the signa-
ture of a separate treaty of peace by the Dutch pleni-
potentiaries at Nimeguen. f It was not, indeed, a
breach of faith, for there was no armistice, and the
ratifications were not executed. It is uncertain, even
whether he had information of what had passed at
Nimeguen ; the official despatches from the States-
General reaching him only the next morning. The
treaty had been suddenly and unexpectedly brought
to a favourable conclusion by the French ministers :
and the prince, who condemned it as alike offensive
to good faith and sound policy, had reasonable hopes
of obtaining a victory, which, if gained before the final
signature, might have determined the fluctuating
counsels of the States to the side of vigour and lionour.
The morality of soldiers, even in our own age, is not
severe in requiring proof of the necessity of bloodslied,
if the combat be fair, the event brilliant, and, more
particularly, if the commander freely exposes his own
life. His gallant enemies warmly applauded this at-
tack, distinguished, as it seems eminently to liave
been, for the daring valour, which was brightened by
the gravity and modesty of his character ; and tliey
declared it to be " the only heroic action of a six years'
war between all the great nations of Europe." If the
♦ nth April 1677. t ^^^^^ August J67e.
o o "*
566 IMEMOIR OF THE AFFAIRS OF HOLLAND.
official despatches had not hindered him from prose-
cuting the attack on the next day with the English
auxiliaries, who must then have joined him, he was
likely to have changed the fortune of the war.
The object of the prince and the hope of his con-
federates had been to restore Europe to the condition
in which it had been placed by the treaty of the
Pyrenees.* The result of the negotiations at Nime-
guen was to add the province of Franche Comte, and
the most important fortresses of the Flemish frontier,
to the cessions which Louis at Aix-la-Chapelle f had
extorted from Spain. The Spanish Netherlands were
thus farther stripped of their defence, the barrier of
Holland weakened, and the way opened for the reduc-
tion of all the posts which face the most defenceless
parts of the English coast. The acquisition of Franche
Comte broke the military connection between Lom-
bardy and Flanders, secured the ascendant of France
in Switzerland, and, together with the usurpation of
Lorraine, exposed the German empire to new aggres-
sion. The ambition of the French monarch was in-
flamed, and the spirit of neighbouring nations broken,
by the ineffectual resistance as much as by the long
submission of Europe.
The ten years which followed the peace of Nime-
guen were the period of his highest elevation. The
first exercise of his power was the erection of three
courts, composed of his own subjects, and sitting, by
his authority, at Brissac, Metz, and Besan^on, to de-
termine whether certain territories ought not to be
annexed to France, which he claimed as fiefs of the
provinces ceded to him by the Empire by the treaty
of Westphalia. These courts, called " Chambers of
Union," summoned the possessors of these supposed
fiefs to answer the King's complaints. The justice of
the claim and the competence of the tribunals were dis-
puted with equal reason. The Chamber at Metz de-
* 7th Nov. 1659. f 2*1 May, 1668
MEMOIR OF THE AFFAmS OF HOLLAND. o67
creed the confiscation of eighty fiefs, for default of
appearance by the feudatories, among whom were tlie
Kings of Spain and Sweden, and the Elector Palatine.
Some petty spiritless princes actually did homage to
Louis for territories said to have been anciently fiefs
of the see of Verdun*; and, under colour of a pre-
tended judgment of the Chamber at Brissacf, the city
of Strasburgh, a flourishing Protestant republic, which
commanded an important pass on the Rhine, was sur-
rounded at midnight, in a time of profound peace, by
a body of French soldiers, who compelled those magis-
trates who had not been previously corrupted to sur-
render the city to the crown of France |, amidst the
consternation and affliction of the people. Almost at
the same hour, a body of troops entered Casal, in conse-
quence of a secret treaty with the Duke of Mantua, a
dissolute and needy youth, who, for a bribe of a hun-
dred thousand pounds, betrayed into the hands of
Louis that fortress, then esteemed the bulwark of
Lombardy.§ Both these usurpations were in con-
* Dumont, Corps Diplomatique, vol. vii. part ii. p. 13.
f Flassan, Histoire de la Diplomatic Fran9aisc, vol. iv. pp. 59.
63.
J CEu^Tes de Louis XIV., vol. iv. p. 194., where the original
correspondence is published. The pretended capitulation is
dated on the 30th September 1G81. The design against iStras-
burgh had been known in July. ^IS. letters of Sir Henry Saville
(minister at Paris) to Sir Leoline Jenkins. Downshire Papers.
§ (Euvres de Louis XIV., voh iv. pp. 216, 217. The mutinous
conscience of Catinat astonished and displeased the haughty
Louvois. Casal hud been ceded in 1 678 by Matthioli. the dtikes
minister, who, either moved by remorse or by higher bribes from
the house of Austria, advised his master not to ratify the treaty ;
for which he was carried prisoner into France, and detained
there in close and harsh custody. He was the famous Man with
the Iron Mask, who died in the Bastille. The barj^ain for Casal
was disguised in the diplomatic forms of a con^'e'Jtion between
the king and the duke. Dumont, vol, vii. part ii. p. 14. An
army of 15,000 men was collected in Dauphiny, at the desire of
the duke, to give his sale the appearance of necessity. Letter of
Sir Henry Saville.
o o 4
568 MEMOIR OF THE AFFAIRS OF HOLLAND.
tempt of a notice from the imperial minister at Paris,
against the occupation of Strasburgh, an Imperial
city, or Casal, the capital of Montferrat, a fief of the
Empire.*
On the Belgic frontier, means were employed more
summary and open than pretended judgments or clan-
destine treaties. Taking it upon himself to determine
the extent of territory ceded to him at Nimeguen,
Louis required from the Court of Madrid the posses-
sion of such districts as he thought fit. Much was im-
mediately yielded. Some hesitation was shown in
surrendering the town and district of Alost. Louis
sent his troops into the Netherlands, there to stay till
his demands were absolutely complied with ; and he
notified to the governor, that the slightest resistance
would be the signal of war. Hostilities soon broke
out, which, after having made him master of Luxem-
burgh, one of the strongest fortresses of Europe, were
terminated in the summer of 1684, by a truce for
twenty years, leaving him in possession of, and giving
the sanction of Europe to, his usurpations.
To a reader of the nineteenth century, familiar with
the present divisions of territory in Christendom,
and accustomed to regard the greatness of France as
well adapted to the whole state of the European sys-
tem, the conquests of Louis XIV. may seem to have
inspired an alarm disproportioned to their magnitude.
Their real danger, however, will be speedily perceived
by those who more accurately consider the state of
surrounding countries, and the subdivision of dominion
in that age. Two monarchies only of the first class
existed on the Continent, as the appellation of " the
Two Crowns," then commonly used in speaking of
France and Spain, sufiiciently indicate. But Spain,
which, under the last Austrian king, had perhaps
reached the lowest point of her extraordinary fall,
* Sir Henry Saville to Sir Leoline Jenkins. Fontainbleau,
12th Sept. 1681.
MEMOIR OF THE AFFAIRS OF HOLLAND. 569
was in truth no longer able to defend herself. The
revenue of somewhat more than two millions sterling
was inadequate to the annual expense.* Ronquillo,
the minister of this vast empire in London, was re-
duced to the necessity of dismissing his servants with-
out payment.f An invader who had the boldness to
encounter the shadow of a great name had little to
dread, except from the poverty of the country, which
rendered it incapable of feeding an army. Naples,
Lombardy, and the Catholic Netherlands, though the
finest provinces of Europe, were a drain and a burden
in the hands of a government sunk into imbecile
dotage, and alike incapable of ruling and of maintain-
ing these envied possessions. While Spain, a lifeless
and gigantic body, covered the south of Europe, the
manly spirit and military skill of Germany were ren-
dered of almost as little avail by the minute subdi-
visions of its territory. From the Rhine to the
Vistula, a hundred princes, jealous of each other,
fearful of offending the conqueror, and often competi-
tors for his disgraceful bounty, broke into fragments
the strength of the Germanic race. The houses of
Saxony and Bavaria, Brandenburgh and Brunswick,
Wurtemburg, Baden, and Hesse, though among the
most ancient and noble of the ruling families of
Europe, were but secondary states. Even the genius
of the late Elector of Brandenburgh did not exempt
him from the necessity or the temptation of occasional
compliance with Louis. From the French frontier to
the Baltic, no one firm mass stood in the way of his
arms. Prussia was not yet a monarchy, nor Russia an
European state. In the south-eastern provinces of
Germany, Avhere Rodolph of Hapsburgli had laid the
foundations of his family, the younger branch had,
* Memoires de Gourville, vol. ii. p. 82. An account appa-
rently prepared with care. I adopt the proportion of thirteen
livres to the pound sterling, Avhich is the rate of exchange given
by Barillon, in 1679.
t Ronouillo, MS. letter.
570 MEMOIR OF THE AFFAIRS OF HOLLAND.
from the death of Charles V., formed a monarchy
which, aided by the Spanish alliance, the imperial
dignity, and a military position on the central frontier
of Christendom, rendering it the bulwark of the
empire against the irruptions of the Turkish bar-
barians, rose during the thirty years' war to such a
power, that it was prevented only by Gustavus
Adolphus from enslaving the whole of Germany.
France, which under Richelieu had excited and aided
that great prince and his followers, was for that reason
regarded for a time as the protector of the German
States against the Emperor. Bavaria, the Palatinate,
and the three ecclesiastical Electorates, partly from
remaining jealousy of Austria, and partly from grow-
ing fear of Louis, were disposed to seek his protection,
and acquiesce in many of his encroachments.* This
numerous, weak, timid, and mercenary body of German
princes supplied the chief materials out of which it
was possible that an alliance against the conqueror
might one day be formed. On the other hand, the
military power of the Austrian monarchy was crippled
by the bigotry and tyranny of its princes. The per-
secution of the Protestants, and the attempt to esta-
blish an absolute government, had spread disaffection
through Hungary and its vast dependencies. In a
contest between one tyrant and many, where the
people in a state of personal slavery are equally disre-
garded by both, reason and humanity might be neutral,
if reflection did not remind us, that even the contests
and factions of a turbulent aristocracy call forth an
energy, and magnanimity, and ability, which are ex-
* The Palatine, together with Bavaria, Mentz, and Cologne,
promised to vote for Louis XIV. as emperor in 1658. Pfeftel,
Abrege Chronologique, &c. (Paris, 1776), vol. ii. p. 360. A
more authentic and very curious account of this extraordinary
negotiation, extracted from the French archives, is published by
Lemontey (Monarchic de Louis XIV. Pieces Justificatives, No.
2.), by which it appears that the Elector of Mentz betrayed Ma-
zarin, who had distributed immense bribes to him and his fellows.
MEMOIR OF THE AFF.AJRS OF HOLLAIs'D. oTl
tinguislied under the quieter and more fatally lastinir
domination of a single master. The Emperor Leopold
I., instigated by the Jesuits, of which order he was a
lay member, riyalled and anticipated Louis XIY.* in
his cruel persecution of the Hungarian Protestants,
and thereby droye the nation to such despair that they
sought refuge in the aid of the common enemy of the
Christian name. Encouraged by their reyolt, and
stimulated by the continued intrigues of the Court of
Versailles f, the Turks at length inyaded Austria with
a mighty army, and would haye mastered the capital
of the most noble of Christian soyereigns, had not the
siege of Vienna been raised, after a duration of two
months, by John Sobieski, King of Poland, — the
heroic chief of a people whom in less than a century
the House of Austria contributed to blot out of the
map of nations. While these dangers impended over
the Austrian monarchy, Louis had been preparing to
deprive it of the Imperial sceptre, which in his own
hands would have proved no bauble. By secret
treaties, to which the Elector of Bavaria had been
tempted to agree, in 1670, by the prospect of matri-
monial alliance with the House of France, and which
were imposed on the Electors of Brandenburgh and
Saxony in 1679, after the humiliation of Europe at
Nimeguen, these princes had agreed to vote for Louis
in case of the death of the Emperor Leopold, — an
event which his infirm health had given frequent
occasion to expect. The four Rhenish electors espe-
* He banished the Protestant clergy, of whom 250, originally
condemned to be stoned or burnt to death, but having, under
pretence probably of humanity, been sold to the Spaniards, were
redeemed from the condition of galley shives by the illustrious
De Ruytcr, after his victory over the French, on the coast of
Sicily. Coxe, House of Austria, chap. 66.
f Sir William Trumbull, ambassador at Constantinople from
August 1687 to July 1691, names French agents employed in
fomenting the Hungarian rebellion, and negotiating T»ith the
vizier. Downshire MSS.
572 MEMOIR OF THE AFFAIRS OF HOLLAND.
cially after the usurpation of Strasburgh and Luxem-
burgh, were already in his net.
At home the vanquished party, whose antipathy to
the House of Orange had been exasperated by the
cruel fate of De Witt, sacrificed the care of the na-
tional independence to jealousy of the Stadtholderian
princes, and carried their devotedness to France to an
excess which there was nothing in the example of their
justly revered leader to warrant.* They had obliged
the Prince of Orange to accede to the unequal condi-
tions of Nimeguen ; they had prevented him from
making military preparations absolutely required by
safety ; and they had compelled him to submit to that
truce for twenty years which left the entrances of
Flanders, Germany, and Italy in the hands of France.
They had concerted all measures of domestic opposi-
tion with the French minister at the Hague ; and,
though there is no reason to believe that the opulent
and creditable chiefs of the party, if they had received
French money at all, would have deigned to employ
it for any other than what they had unhappily been
misled to regard as a public purpose, there is the
fullest evidence of the employment of bribes to make
known at Versailles the most secret counsels of the
commonwealth, "j" Amsterdam had raised troops for her
own defence, declaring her determination not to con-
tribute towards the hostilities which the measures of
the general government might occasion, and had en-
tered into a secret correspondence with France.
* The speed and joy with which he and Temple concluded
the Triple Alliance seem, indeed, to prove the contrary. That
treaty, so quickly concluded by two wise, accomplished, and,
above all, honest men, is perhaps unparalleled in diplomatic
transactions. " Nulla dies unquani meniori vos eximet avo."
f D'Avaux, Negociations en Hollande (Paris, 1754), vol. i.
pp. 13. 23. 25. &c,, — examples of treachery, in some of which
the secret was known only to three persons. Sometimes copies
of orders were obtained from the prince's private repositories :
vol. ii. p. 53.
MEMOIR OF THE AFFAIRS OF HOLLAND. 573
Friesland and Groningen had recalled their troops
from the common defence, and bound themselves by
a secret convention with Amsterdam, to act in con-
cert with that potent and mutinous city. The pro-
vinces of Guelderland, Overyssell, Utrecht, and Zealand,
adhered, indeed, to the prince, and he still preserved
a majority in the States of Holland ; but this majority
consisted only of the order of nobles and of the de-
puties of inconsiderable towns. Fagel, his wise and
faithful minister, appeared to be in danger of destruc-
tion at the hands of the Republicans, who abhorred
him as a deserter. But Heinsius, pensionary of
Delft, probably the ablest man of that party, having,
on a mission to Versailles, seen the effects of the civil
and religious policy of Louis XIV., and considering
consistency as dependent, not on names, but on prin-
ciples, thought it the duty of a friend of liberty also
to join the party most opposed to that monarch's
designs. So trembling was the ascendant of the
prince in Holland, that the accession of individuals
was, from their situation or ability, of great importance
to him. His cousin, the Stadtholder of Friesland, was
gradually gained over ; and Conrad Van Benningen,
one of the chiefs of Amsterdam, an able, accomplished,
and disinterested republican, fickle from over-refine-
ment, and betrayed into French counsels by jealousy
of the House of Orange, as soon as he caught a glimpse
of the abyss into which his country was about to fall,
recoiled from the brink. Thus did the very country
where the Prince of Orange held sway, fluctuate
between him and Louis ; insomuch, indeed, that if
that monarch had observed any measure in his cruelty
towards French Protestants, it might have been im-
possible, till it was too late, to turn the force of
Holland against him.
But the weakest point in the defences of European
independence, was England. It was not, indeed, like
the continental states, either attacked by other enemies,
or weakened by foreign influence, or dwindling from
574 MEMOIR OF THE AFFAIRS OF HOLLAND.
inward decay. The throne was filled by a traitor ; a
creature of the common enemy commanded this im-
portant post : for a quarter of a century Charles had
connived at the conquests of Louis. During the last
ten years of his reign he received a secret pension ;
but when Louis became desirous of possessing Luxem-
burgh, Charles extorted an additional bribe for con-
nivance at that new act of rapine.* After he had
sold the fortress, he proposed himself to Spain as
arbitrator in the dispute regarding itf; and so no-
torious was his perfidy, that the Spanish ministers at
Paris did not scruple to justify their refusal to his
ambassador, by telling him, "that they refused because
they had no mind to part with Luxemburgh, which
they knew was to be sacrificed if they accepted the
offer." J
* " My lord Hyde (Rochester) ne m'a pas cache que si son
avis est suivi le roi s'en entrera dans un concert secret pour avoir
a V. M. la ville de Luxemburgh." Barillon to Louis, 7th Nov.
168L
t The same to the same, 15th Dec.
j Lord Preston to Secretary Jenkins, Paris, 1 6th Dec. 1 682.
Admitted within the domestic differences of England, Louis had
not scrupled to make advances to the enemies of the Court ; and
they, desirous of detaching their own sovereign from Prance,
and of thus depriving him of the most effectual ally in his pro-
ject for rendering himself absolute, had reprehensibly accepted
the aid of Louis in counteracting a policy Avhich they had good
reason to dread. They considered this dangerous understanding
as allowable for the purpose of satisfying their party, that in
opposing Charles they would not have to apprehend the po^ver
of Louis, and disposing the King of Prance to spare the English
constitution, as some curb on the irresolution and inconstancy
of his royal dependent To destroy confidence between the
Courts seemed to be an object so important, as to warrant the
use of ambiguous means : and the usual sophistry, by which
men who are not depraved excuse to themselves great breaches
of morality, could not be wanting. They could easily persuade
themselves that they could stop when they pleased, and that the
example could not be dangerous in a case where the danger was
too great not to be of very rare occurrence. Some of them are
said by Barillon to have so far copied their prince as to have
MEMOIR OF THE AFFAIRS OF HOLLAND. 575
William's connection -vvitli the House of Stuart
was sometimes employed by France to strengthen
the jealous antipathy of the Republicans against him;
while on other occasions he was himself obliged to
profess a reliance on that connection which he did
not feel, in order to gain an appearance of strength.
As the Dutch Republicans were prompted to thwart
his measures by a misapplied zeal for liberty, so the
English Whigs were for a moment compelled to enter
into a correspondence with the common enemy by
the like motives. But in his peculiar relations with
England the imprudent violence of the latter party
was as much an obstacle in his way as their alienation
or opposition. The interest of Europe required that
he should never relinquish the attempt to detach the
English Government from the conqueror. The same
principle, together with legitimate ambition, pre-
scribed that he should do nothing, either by exciting
enemies or estranging friends, which could endanger
received French money, though they arc not charged with being,
hke him, induced by it to adopt any measures at variance with
their avowed principles. If we must beHeve, that in an age of
little pecuniary delicacy, when large presents from sovereigns
were scarcely deemed dishonourable, and when many princes, and
almost all ministers, were in the pay of Louis XIV., the statement
may be true, it is due to the haughty temper, not to say to the
high principles of Sidney, — it is due, though in a very inferior
degree, to the ample fortunes of others of the persons named, also
to believe, that the polluted gifts were applied by them to elections
and other public interests of the popular party, which there might
be a fantastic gratification in promoting by treasures diverted
from the use of the Court. These unhappy transactions, which
in their full extent require a more critical scrutiny of the orii^inal
documents than that to which they have been subjected, are not
pretended to originate till ten years after the concert of the two
Courts, and were relinquished as soon as that concert was re-
sumed. Yet the reproach brought upon the cause of liberty by
the infirmity of some men of great soul, and of others of the
purest virtue, is, perhaps, the most wholesome admonition pro-
nounced by the warning voice of history against the employment
of sinister and equivocal means for the attainment of the best
ends.
576 MEMOIR OF THE AFFAIRS OF HOLLAND.
his own and the princess's right of succession to the
crown. It was his obvious policy, therefore, to keep
up a good understanding with the popular party,
on whom alone he could permanently rely ; to give
a cautious countenance to their measures of constitu-
tional opposition, and especially to the Bill of Exclu-
sion*,— a more effectual mode of cutting asunder
the chains which bound England to the car of Louis,
than the proposed limitations on a Catholic successor,
which might permanently weaken the defensive force
of the monarchy | ; and to discourage and stand aloof
from all violent counsels, — likely either to embroil
the country in such lasting confusion as would alto-
gether disable it for aiding the sinking fortunes of
Europe, or, by their immediate suppression, to subject
all national interests and feelings to Charles and his
brother. As his open declaration against the king
or the popular party would have been perhaps equally
dangerous to English liberty and European indepen-
dence, he was averse from those projects which
reduced him to so injurious an alternative. Hence
his conduct in the case of what is called the "Rye
House Plot," in which his confidential correspond-
ence | manifests indifference and even dislike to
those who were charged with projects of revolt ; all
* Burnet, vol, ii. p. 245. Temple, vol. i. p. 355. " My friend-
ship with the prince (says Temple) I could think no crime, con-
sidering how little he had ever meddled, to my knowledge, in our
domestic concerns since the first heats in parliament, though
sensible of their influence on all his nearest concerns at home ;
the preservation of Flanders from French conquests, and thereby
of Holland from absolute dependence on that crown."
f Letters of the Prince to Sir Leoline Jenkins, July 1680 —
February 1681. Dalrymple, Appendix to Keview.
J M!S. letters from the Prince to Mr. Bentinck, in England,
July and August 1683. By the favour of the Duke of Portland,
I possess copies of the whole of the prince's correspondence with
his friend, from 1677 to 1700 ; written with the unreserved frank-
ness of warm and pure friendship, in which it is quite manifest
that there is nothing concealed.
MEMOIR OF THE AFrAIRS OF HOLLAND. 577
which might seem unnatural if we did not bear in
mind that at the moment of the siege of Vienna he
must have looked at England, almost solely, as the
only counterpoise of France. His abstinence from
English intrigues was at this juncture strengthened
by lingering hopes that it was still possible to lure
Charles into those unions which he had begun to
form against farther encroachment, under the modest
and inoifensive name of " Associations to maintain
the Treaty of Nimeguen," which were in three years
afterwards completed by the League of Augsburgh,
and which, in 1689, brought all Europe into the field
to check the career of Louis XI^".
The death of Charles IL gave William some hope
of an advantageous change in English policy. Many
worse men and more tvrannical kiuirs than that
prince, few persons of more agreeable qualities and
brilliant talents, have been seated on a throne. But
his transactions with France probably afford the most
remarkable instance of a king with no sense of na-
tional honour or of regal independence, — the last
vestiges which departing virtue might be expected to
leave behind in a royal bosom. More jealousy of
dependence on a foreign prince was hoped from the
sterner temper of his successor. William accordingly
made groat efforts and sacrifices to obtain the acces-
sion of England to the European cause. He declared
his readiness to sacrifice his resentments, and even his
personal interests, and to cont'orni his conduct to the
pleasure of the king in all things compatible with his
religion and with his duty to t'le republic*; — limit-
ations which must have been considered as pledges of
sincerity by him to whom they were otherwise unac-
ceptable. He declared his regret at the appearance of
* D'Avaux, 13:li — 26th Feb. 1685. The last contains an ac-
count of a conversation of Wiliiuin with Fauci, overheard by a
person who reported it to D'Avaux. A passage in which D'Avatix
bhows his belief that the policy of the prince now aimed at gaining
James, ig suppressed in the printed coilectiuii.
VOL. L P P ^
578 MEMOIR OF THE AFFAIRS OF HOLLAND.
opposition to both his uncles, which had arisen only
from the necessity of resisting Louis, and he sent
M. D'Auverquerque to England to lay his submission
before the king. James desired that he should re-
linquish communication with the Duke of Mon-
mouth*, dismiss the malcontent English officers in
* During these unexpected advances to a renewal of friendship,
an incident occurred, which has ever since, in the eyes of many,
thrown some shade orer the sincerity of William. This was the
landing in England of the Duke of Monmouth, with a small
number of adherents who had embarked with him at Amsterdam.
He had taken refuge in the Spanish Netherlands, and afterwards
in Holland, during the preceding year, in consequence of a mis-
understanding between him and the ministers of Charles re-
specting the nature and extent of the confession concerning the
reality of the Eye House Plot, published by them in language
Avhich he resented as conveying unauthorised imputations on hia
friends. The Prince and Princess of Orange received him with
kindness, from personal friendship, from compassion for his suffer-
ings, and from his connection with the popular and Protestant
party in England. The transient shadow of a pretension to the
crown did not awaken their jealousy. They were well aware
that, whatever complaints might be made by his ministers, Charles
himself would not be displeased by kindness shown towards his
favourite son. There is, indeed, little doubt that in the last year
of his life Charles had been prevailed on by Halifax to consult
his ease, as well as his inclination, by the recall of his son, as a
counterpoise to the Duke of York, and thus to produce the balance
of parties at court, which was one of the darling refinements of
that too ingenious statesman. Reports were prevalent that Mon-
mouth had privately visited England, and that he was well
pleased with his journey. He was assured by confidential letters,
evidently sanctioned by his father, that he should be recalled in
February. It appears also that Charles had written with his own
hand a letter to the Prince of Orange, beseeching him to treat
Monmouth kindly, which D'Auverquerque was directed to lay
before James as a satisfactory explanation of whatever might
seem suspicious in the imusual honours paid to him. Before he
left the Hague the prince and princess approved the draft of a
submissive letter to James, which he had laid before them ; and
they exacted from him a promise that he would engage in no
violent enterprises inconsistent with this submission. Despairing
of clemency from his uncle, he then appears to have entertained
designs of retiring into Sweden, or of serving in the Imperial
army against the Turks ; and he listened for a moment to the
projects of some French Protestants, who proposed that he should
MEMOIR OF THE AFFAIRS OF HOLLAND. 579
the Dutch army, and adapt his policy to such engage-
ments as the king should see fit to contract with his
put himself at the head of their unfortunate brethren. He himself
thought the difficuhies of an enterprise against England insuper-
able ; but the importunity of the EngHsh and Scotch refugees in
Holland induced him to return privately there to be present at
their consultations. He found the Scotch exiles, who were pro-
portionately more numerous and of greater distinction, and who
felt more bitterly from the bloody tyranny under which their
countrymen suffered, impatiently desirous to make an immediate
attempt for the delivery of their country. Ferguson, the Non-
conformist preacher, either fi-om treachery or from rashness,
seconded the impetuosity of his countrymen. Andrew Fletcher,
of Saltoun, a man of heroic spirit, and a lover of liberty even to
enthusiasm, who had just returned from serving in Hungary, dis-
suaded his friends from an enterprise which his political sagacity
and military experience taught him to consider as hopeless. In
assemblies of suffering and angry exiles it was to be expected that
rash counsels should prevail ; yet Monmouth appears to have re-
sisted them longer than could have been hoped from his judgment
or temper. It was not till two months after the death of Charles II.
(9th April 1685) that the vigilant D'Avaux intimated his sus-
picion of a design to land in England. Nor was it till three weeks
after that he was able to transmit to his court the particulars of
the equipment. It was only then that Skelton, the minister of
James, complained of these petty armaments to the President of
the States- General and the magistrates of Amsterdam, neither of
whom had any authority in the case. They referred him to the
Admiralty of Amsterdam, the competent authority in such cases,
who, as soon as they were authorised by an order from the States-
General proceeded to arrest the vessels freighted by Argyle.
But in consequence of a mistake in Skelton's description of their
station, their exertions were too late to prevent the sailing of the
unfortunate expedition on the 5th of May. The natural delays
of a slow and formal government, the jealousy of rival authori-
ties, exasperated by the spirit of party, and the licence shown in
such a country to navigation and traffic, are suthcient to account
for this short delay. If there was in this case a more than usual
indisposition to overstep the formalities of the constitution, or to
quicken the slow pace of the administration, it may be well im-
puted to natural compassion towards the exiles, and to the strong
fellow-feeling which arose from agreement in religious opinion,
especially with the Scotch. If there were proof even of absolute
connivance, it must be ascribed solely to the magistrates and
inhabitants of Amsterdam, — the ancient enemies of the House of
P P 2
580 MEMOIR OF THE AFFAIRS OF HOLLAND.
neighbours. To the former conditions the prmce
submitted without reserve : the last, couched in
strong language by James to Barillon, hid under
more general expressions by the English minister
to D'Avaux, but implying in its mildest form an
acquiescence in the projects of the conqueror, was
probably conveyed to the prince himself in terms
capable of being understood as amounting only to an
engagement to avoid an interruption of the general
peace. In that inoffensive sense it seems to have
been accepted by the prince ; since the king declared
to him that his concessions, which could have reached
no farther, were perfectly satisfactory.*
Sidney was sent to Holland, — a choice which
seemed to indicate an extraordinary deference for
the wishes of the prince, and which was considered
in Holland as a decisive mark of good understanding
between the two governments. The proud and hos-
tile city of Amsterdam presented an address of con-
gratulation to William on the defeat of Monmouth ;
and the republican party began to despair of effectual
resistance to the power of the stadtholder, now about
to be strengthened by the alliance with England.
The Dutch ambassadors in London, in spite of the
remonstrances of Barillon, succeeded in concluding
a treaty for the rewewal of the defensive alliance
between England and Holland, which, though repre-
sented to Louis as a mere formality, was certainly a
step which required little more than that liberal con-
Orange, — who might look with favour on an expedition which
might prevent the stadtholder from being strengthened by his con-
nection with the King of England, and who, as we are told by
D'Avaux himself, were afterwards filled with consternation when
they learned the defeat of Monmouth. We know little with cer-
tainty of the particulars of his intercourse with his inexorable
uncle, from his capture till his execution, except the compassionate
interference of the queen dowager in his behalf ; but Avhatever it
was, from the king's conduct immediately after, it tended rather
to strengthen than to shake his confidence in the prince,
* James to the Prince of Orange, 6th, 16th, and 17th March.
Dalryraple, app. to part L
MEMOIR OF THE AFFAIRS OF HOLLAND. 581
struction to which a defensive treaty is always en-
titled, to convert it into an accession by England to the
concert of the other states of Europe, for the preser-
vation of their rights and dominions. The connection
between the Dutch and English governments answered
alike the immediate purposes of both parties. It over-
awed the malcontents of Holland, as well as those of
England ; and James commanded his ministers to sig-
nify to the magistrates of Amsterdam, that their support
of the stadtholder would be acceptable to his majesty.
William, who, from the peace of Nimeguen, had
been the acknowledged chief of the confederacy gra-
dually forming to protect the remains of Europe, had
now slowly and silently removed all the obstacles to
its formation, except those which arose from the un-
happy jealousies of the friends of liberty at home, and
the fatal progress towards absolute monarchy in Eng-
land. Good sense, which, in so high a degree as his,
is one of the rarest of human endowments, had full
scope for its exercise in a mind seldom invaded by
the disturbing passions of fear and anger. With all
his determined firmness, no man was ever more soli-
citous not to provoke or keep up needless enmity. It
is no wonder that he should have been influenced by
this principle in his dealings with Charles and James,
for there are traces of it even in his rare and transient
intercourse with Louis XTV. He caused it to be in-
timated to him " that he was ambitious of being re-
stored to his majesty's favour*;" to which it was
haughtily answered, " that when such a disposition
was shown in his conduct, the king would see what
was to be done." Yet D'Avaux believed that the
prince really desired to avoid the enmity of Louis,
as far as was compatible with his duties to Holland
and his interests in England. In a conversation with
Gourville f, which affords one of the most character-
istic specimens of intercourse between a practised
* D'Avaux, vol. i. p. 5. t Gourville, vol. ii. p. 204.
582 MEMOIR OF THE AFFAIRS OF HOLLAND.
courtier and a man of plain inoffensive temper, when
the mimister had spoken to him in more soothing lan-
guage, he professed his warm wish to please the king,
and proved his sincerity by adding that he never
could neglect the safety of Holland, and that the
decrees of re-union, together with other marks of
projects of universal monarchy, were formidable ob-
stacles to good understanding. It was probably after
one of these attempts that he made the remarkable
declaration, — " Since I cannot earn his majesty's
favour, I must endeavour to earn his esteem." No-
thing but an extraordinary union of wariness with
perseverance — two qualities which he possessed in
a higher degree, and united in juster proportions,
perhaps, than any other man — could have fitted him
for that incessant, unwearied, noiseless exertion which
alone suited his difficult situation. His mind, na-
turally dispassionate, became, by degrees, steadfastly
and intensely fixed upon the single object of his high
calling. Brilliant only on the field of battle ; loved
by none but a few intimate connections ; considerate
and circumspect in council ; in the execution of his
designs bold even to rashness, and inflexible to the
verge of obstinacy ; he held his onward way with a
quiet and even course, which wore down opposition,
outlasted the sallies of enthusiasm, and disappointed
the subtle contrivances of a refined policy.
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INDEX.
Acton's Modem Cookery 86
Afternoon of Life 20
Alcock's Residence in Japan 21
Alpine Guide (The) 22
JournaUThe) 28
Apjoh.v'ii Manual of the Metalloids II
Abaoo's Bioirraphies of Scientific Men 5
Popular Astronomy '0
Meteorological Essay a 10
Arnold's Manual of English Literature 7
Arnott's Elements of Physics 11
Atherstone Priory 23
Atkinso.-v's Papinian ^
Autumn Holidayof a Cocntrt Parson 8
Atrb's Treasury of Bible Knowledge 18
Bacom's Esuays, by Whatflt 5
Life and Letters, by Spbdui NO 3
Works, by J^llh SrBiiLi.'«fi, and
Ukatb 6
Baii« on the Emotions and Will 9
. on the Senses and Intellect 9
Jt on the Study of Character 9
Bainfs's Explorations in S. W. Africa 21
IIlll's (iuide to the Central Alps 25
-I Guide to the Western Alps 2-.'
Batlikjn's Rents and Tillages 17
Bbrleps^b's Life and Nature in the Alps ... 12
Bi ack's Treatise on Brewing 26
Blackikv and Frixolanubr's German and
English Dictionary 8
Blaine's Rural Sports S4
Blight's Week at the Land's End 22
Bournk's Catechism of the Steam Encine. . 16
Treatise on the Steam Engine... 16
Bowdlir's Faniily Shak>peakr 24
Bo> d's Manual for Naval Cadets 26
Bramliv-Moore's Six Sisters of the Valleys 23
Brandr's Dictionary of Science, Literature,
and Art 13
Brat's (.C.) Education of the Feelings 9
Philosophy of Necessity 9
(Mrs.) British Empire 10
Brewbii's Atlasof History and Geography 27
Brinton on Food and Digestion 26
Bhistow's Glossary of Mineralogy II
Brodib's (Sir C. B.) Psychological Inquiries 9
Works 14
Brown's Demonstrations of Microscopic
Anatomy 14
Browne's Exposition of the 39 Articles 17
Pentateuch and Elohistic Psalms 17
Blcklb's History of Civilization 2
Bcll's Hints to Mothers 17
Maternal Mauusemeut of Children. 27
Bcnsbn's Analecta Ante-Nicaena 1I>
Ancient Egypt 3
Hippolytus and his Age 19
Philosophy of Universal History 19
Bitntan's Pilgrim's Progress, illustrated by
Bennett IS
Bcrbe's Vicissitudes of Familic* 4
Bctleb's Atlas of Ancient Geography 2"
Modem Geography 28
Cabinet Lawyer 27
Calvert's Wife's Manual 20
Cats and Farlie's Moral Emblems 15
Chorale Book for England 21
Colknso (Bishop) on Pentateuch and Book
of Joshua 18
Colly Ks on Stag-Hunting in Devon and
Somerset ii
Commonplace Philosopher in Town and
Country 8
Companions of my Solitude 8
Comnuton's Handbook of Chemical Ana-
lysis 13
CoNTANSEAu's Pocket French and English
Dictionary 7
Practical ditto 7
CoNVHEARsand Uowiox's Life and Epistlcs
of St. Paul 19
Copland's Dictionary of Practical Medicine 14
Abridgment of ditto 14
Cotton's Introduction to Confirmation 19
Cox's Tales of the Great Persian War 2
Tales from Greek Mythology 33
. Tales of the Gods and Heroes 23
Tales of Thebes and Argos 28
Crest's Encyclopadia of Civil Engineering 16
Crowe's History of i" ranee 2
D'AtnioNB's History of the Reformation in
the time of Calvin 2
Dead Shot (The), by Marksman 25
De la Rive's Treatise on Electricity II
Denman's Vine and its Fruit 26
De Ti«<ji eville's Democracy in America.. z
Diaries of a Lady of Quality 4
Disraeli's Kevolutionury Epick 24
Dixon'j Fasti F.lj<iracejue* 4
DoHsoN on the Ox fi
Dolmn<-.fr's Introduction to History of
Christianity If
Dove's Law of Storms 10
Dotlb's Chronicle of England 2
30
NEW WORKS PUBLISHED BY LONGMAN and CO.
Edinburgh Review (The) 28
Ellice,aTale 23
Eli-icott's Broad and Narrow "Way 18
Commentary on Ephesians
Destiny of the Creature
Lectures on Life ot Christ
Commentary on Galatians
Pastoral Epist...
Philippians, &c..
Thessalonians . . .
Essays and Reviews
Essays on Religion and Literature, edited
by Manning 19
Essays written in the Intervals of Business 8
Fairbairn's Application of Cast and
Wrought Iron to Buildine 16
Information for Engineers... 16
. Treatise on Mills & Millwork 16
First Friendship 22
FiTz Roy's Weather Book 10
Forster's Life of Sir John Eliot 3
Fowler's Collieries and Colliers 17
Eraser's Magazine 28
Freshfield's Alpine Byways 22
Tour in the Grisons 22
Friends in Council 8
From Matter to Spirit 8
Frodde's History of England 1
Garratt's Marvels and Mysteries of
Instinct 12
Geological Magazine 11,28
Gilbert and Churchill's Dolomite Moun-
tains 22
Goodkve's Elements of Mechanism _. . . 16
Gorle's Questions on Browne's Exposition
of the 39 Articles 17
Gray's Anatomy H
Greenb's Manual of Coelenterata 11
Manual ol Protozoa 11
Grove on Con elation of Physical Forces.. 11
Gry 11 Grange 22
GwiLT s Encyclopaedia of Architecture .... 15
Handbook of Angling, by Ephemera 25
Hartwio's Sea and ita Living Wonders 12
: Tropical World 12
Hass all's Adu 1 terations Detected 26
British Freshwater Algae 12
Hawker's Insttuctions to Young Sportsmen 25
Heaton's Notes on Rifle Shooting 25
Helps's Spani-h Conquest in America 2
Hbrschel's E^says from the Edinburgh
and Quart*- rly Reviews 13
Outlines of Astronomy 9
Hewitt on tlie Diseases of Women 13
Hinchlifp's South American Sketches 21
Hind's Canadian Exploring Expeditions ... 21
Explorations in Labrador 21
Hints on Etiquette 27
Holland's Chapters on Mental Physiology 8
Essays on Scentific Subjects — 13
Medical Notes and Reflections. . 15
Holmes's System of Surgery 14
Hooker and Walk«k-Arnoti's British
Flora 12
Hooprr'^ Medic>l Dictionary 15
Hobnb's Introduction to ihe Scriptures .... 18
Compendium of ditto 18
HosKTNs' Talp. 17
Howitt's History of the Supernatural 8
Rural Life of England 22
Visits to Remarkable Places 22
Howson's Hulsean Lectures on St. Paul.... 1?
Hughes's (K.) Atlas of Physical, Political
and Commercial Geography 2;
(W.) Geography of British His-
tory 1(
Manual of Geography 1(
Hullah's History of Modem Music I
Hymns from Lyra Germanica 2(
Ingelow's Poems 2'
Jameson's Legends of tlie Saints and Mar-
tyrs II
Legends of the Madonna IJ
Legends of the Monastic Orders li
Jameson and Easxlakb's History of Our
Lord i;
Johns's Home Walks and Holiday Rambles U
Johnson's Patentee's Manual 16
— Practical Draughtsman Ifc
Johnston's Gazetteer, or Geographical Dic-
tionary 10
Jones's Christianity and Common Sense .... 9
Kalisch's Commentary on the Old Testa-
ment 7
Hebrew Grammar 7
Kemble's Plays 24
Kennedy's Hymnologia Christiana 20
KiRBv and Spenck's Entomology 12
Lady's Tour Round Monte Rosa 22
Landon's (L.E. L.) Poetical Works 24
LateLaureiK 22
Latham s Comparative Philology 6
Entiljsh Dictionary 6
Handbook of the English Lan-
guage 6
Work on the English Language 6
Le'sure Hours in Town 8
Lewes's Biographical History of Philosophy 2
Lewis on vhe Astronomy of the Ancients ... 6
on the Credibility of Early Roman
History 6
Dialogue on Government '5
on Egyptological Method 6
Essays on Administrations 6
Fables of Bab«ius 6
on Foreign Jurisdiction 6
on Irish Disturbances 6
on Observation and Reasoning in
Politics 6
on Political Terms 6
on the Romance Languages 6
LiDDKLLand ScoTr'sGreek-b-nglisli Lexicon 7
Abiidged ditto 7
LiNDLKY and Moure's Treasury of Botany 12
Lister's Physico-Prophetical Essays 19
Ldngman's Lectures on the History of Eng-
land 2
Loudon's Encyclopaedia of Agriculture.... 17
Cottage, Farm,
and Villa Architecture 17
Gardening 17
Plants 12
Trees & Shrubs 12
Lowndes's Engineer's Handbook 16
Lyra Domes ica 21
Eucliaristica 20
Germ>inica 15, 20
Messianica 20
Mystica 20
Sacra 20
NEW AVOE-KS published by LONGMAN and CO.
81
Macauiat's (Lord") Essays 3
History of England 1
Lays of Ancient Rome 24
Miscellaneous Writings 8
Speeches 6
Speeches on Parliamentary
R eform 6
Macbraik's Africans at Home 10
MAci>-uoAi,L'g Theory of War 16
McL»"d's Middle-Class Atlas of General
Geography • •••:••:• ^
Physical Atlas of Great Britain
and Ireland 23
McCli-i.och'3 Dictionary of Com-.nerce 26
Geosraphical Dictionary 10
MAGCiRE'sLifeol Father Mathew 4
Rome and its Rulers 4
MALtNo's Indoor Gardener 12
Maps from Peaks, Passes, and Glaciers .... 16
Marshall's History of Christian Missions . 3
Masses 's History of England 1
Macindbr's Biographical Treasury 5
GeosrHphicjil Treasury 10
Historical Treasury 3
Scientific and Literary Treasury 13
Treasury of Knowledge 27
Treasury of >'atural History .. 12
Maury's Physical Geojrraphy 10
;M A y's Constitutional History of England. . 1
Melville's Digby Grand 23
General Bounce 23
Gladiat.rs 23
Good for Nothing 23
Holmby House 23
Interpreter 23
Kate Coventry 23
Queen's Maries 23
Mk!«i>xlssohn's Letters 4
Menzies' Windsor Great Park 17
Meritale's CH. ) Colunisation and Colonies 10
(C.) Fall of the Roman Republic 2
Romans under the Empire 2
Mertok's History of Medicine 3
Milks on Horse's Foot 25
On Horses' Teeth 25
on Horse Shoeing 25
on Stables 25
Mill on Liberty 5
on Hepresentative Government 5
on Utilitarianism 5
Mill's Dissert^itions and Discussions 5
Political h conomy 5
System of Lo^ic 5
M1LI.SR s Elements of Chemistry 13
Moif sell's Spiritual Songs 20
Momta8d'« Experiments in Church and
State 18
MoNTooMBRY' ou thc Sigus and Symptoms
of Presrnancy 13
Moore's Irish Melodies » 24
Lai la Rook h 24
Memoirs, Journal, and Correspon-
dence 4
Poetical Work< 24
Morell's Elements of Psychology 9
Mental Philosophy 9
Morning Clouds 20
iloRTow's Handbook of Dairy Husbandiry. . 17
Farm Labour 17
Prince Consort's Farms 17
Mosheim's Ecclesiastical History 19
MuLLta's (Max) Lectures on the Science of
Language 7
(K. 0.1 Literature of Ancient
Greece 2
MuRCHiso.t on Continued Fevers 14
MuRE't Language and Literature of Greece 2
New Testament illustrated with Wood En-
gravinzs from thc Old Masters 15
Newman's Apoloria pro Vitd Sua 3
Nightingale's Notes on Hospitals 27
Odlino's Course of Practical Chemistry .... 13
Manual of Chemistry 13
Ormsby's Rambles in Algeria and Tunis 31
Owen's Comparative Anatomy and Phj'sio-
logy of Vertebrate Animals 11
Packe's Guide to the Pyrenees 22
Paoet's Lectures on Surgical Pathology.. 14
Parker's (Theodore") Life, by Weiss 4
Peaks, Passes, and Glaciers. 2 Series 21
Pkreiha's Elements of Materia Medica.... 15
Manual of Materia Medica 15
Perkins's Tuscan Sculptors 16
Phillips's Guide to Geology H
Introduction to Mineralogy 11
Piesse's Art of Perfumery 17
Chemical, Natural, and Physical
Magic 17
Laboratory of Chemical Wonders 17
Playtime with the Poets n
Practical Mechanic's Journal " is
rescott's Scripture Difficulties 18
Problems in Human Nature 20
Pycropt's Course of English Reading 7
CricketField 25
Cricket Tutor ^ 34
Recreations of a Country Parson, 6bconj>
Series g
Riddle's Diamond Latin-English Dictionary 7
Rivers's Rose Amateur's (Vuide 12
Rogers's Correspondence of Greyson 9
Eclipse of Faith g
Defence of ditto 9
Ess&ysfrom the Edinburgh Jieview 9
FuUeriana 9
Reason and Faith 9
Roget's Thesaurus of English Words and
Phrases
Ronalds'i Fly-Fisher's Entomology ..!!!!! 25
Rowton's Debater 7
32
NEW WORKS PUBLISHED BY LONGMAN and CO.
Saxbv's Study of steam 26
Weather System 10
Scott's Handbook of Volumetrical Analysis 13
ScROPE OD Volcanos 11
Senior's Biographical Sketches ft
Essays on Fiction 23
Se well's Amy Herbert 23
Ancient History 2
CleveHall 23
Earl's Daughter 23
Experience of Life 23
Gertrude 23
Glimpse of the World 23
History of the Early Church 3
Ivors 23
Katharine Ashton 23
Laneton Parsonag:e 23
Margaret Percival 23
Night Lessons from Scripture 20
Passing Thoughts on lleligion 20
Preparation for Communion 20
Readings for Confirmation 20
Headings for Lent 20
Self-Examination before Confir-
mation 20
Stories and Tales 23
Thoughts for the Holy Week 20
Ursula 23
Shaw's Work on Wine 26
Shedden's Elements of Logic 6
Short Whist 26
SiEVEKiNo's (Amelia) Life, by Winkworth 4
Smith's (Southwood) Philosophy of Health 27
(J.) Voyage and Shipwreck of St.
Paul 19
(G.) Wesleyan Methodism 3
(Sydney) Memoir and Letters 4
Miscellaneous Works 8
Sketches of Moral Philo-
sophy 8
WitandWisdom 8
Southey's (Doctor) 7
Poetical Works 24
Stebbino's Analysis of Mill's Logic 6
Stephenson's (K.) Life by Jeaffreson and
Pole 3
Stephen's Essays in Ecclesiastical Bio-
graphy 0
Lectures on the History of
France 2
Stonehengk on the Dog 25
on the Greyhound 25
Strickland's Queens of England 1
Taylor's (Jeremy) Works, edited by Eden 19
Tennent's Ceylon 12
Natural History of Ceylon 12
Story of the Guns 16
Thalatta 22
Theologia Germanica 19
Thirlwall's History of Greece 2
Thomson's (Archbishop) Laws of Thought 6
(J.) Tables of Interest 27
Tillev's Eastern Europe and Western Asia 21
Todd's Cyclopjedia of Anatomy and Phy-
siology 14
and Bowjian's Anatomy and Phy-
siology of Man, , '. , 14
Tr ollope's Barchester Towers 23
Warden 23
TwTss's Law of Nations 26
Tyndall's Lectures on Heat 11
Mountaineering in 1 861 22
Ure's Dictionary of Arts, Manufactures,
and Mines 16
Vander Hoeven's Handbook of Zoology.. 11
Vaughan's (K.) Revolutions ia English
History 1
(R. a.) Hours with the Mystics 9
Wardurton's Life, by Watson 4
Warter's Last of the Old Squires 23
Watson's Principles and Practice of Physic 14
Watts's Dictionary of Chemistry 13
Webb's Celestial Objects for Common Tele-
scopes 10
Webster & Wilkinson's Greek Testament 18
Weld's Last Winter in Rome 21
Wellington's Life, by Brialmont and
Glkio 4
by Gleio 4
Wesley's Life, by Southey 4
West on the Diseases of Infancy and Cliild-
hood 13
Whately's English Synonymes 5
Logic S
Remains 5
Rhetoric 5
Whewell's History of the Inductive Sci-
ences ; • . 2
White and Riddle's Latin-English Dic-
tionary 7
Wilberforce (W.) Recollections of, by
ILV.RFORD 4
Willich's Popular Tables 27
Wilson's Bryologia Britannica 12
Wood's Homes without Hands II
Wo(jpward'3 Historical and .Chronological
Encyclopasdia 3
Yong::'s Engli.ih-Greek Lexicon 7
Abridged ditto 7
Young's Nautical Dictionary 26
Yog ATT on the Dog 2.5
on the Horse 25
SP0TTI3W00DE AITD CO., PEINTEE9, NEW-STftEET SQTJASE, LOKDOX
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